1. Definitions: “Agreement” refers to the Terms and Conditions of this Agreement and the provisions found on the Homepage. “You” or “your” means the person identified as the Lessee in this Agreement, any person who signs this Agreement, any Authorized Driver, or any person or organization to whom we bill charges at your or the Lessee’s instructions. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement. “We,” “our,” “EBES,” or “us” means GLOBAL MOVE MOBILE LLC. “Additional Driver” means a person listed on the Homepage of this Agreement. “Authorized Driver” means the Lessee, any Additional Driver, or any other person, but only as required by applicable state law. An “Unauthorized Driver” means any person other than the Lessee, any Additional Driver, or any other person as required by applicable state law. Each authorized driver must have a valid driver's license for the duration of the rental period or the reservation period, whichever is longer, and in most locations, be at least 21 years of age. Authorized drivers are the only persons authorized to drive the vehicle. To the extent permitted by law, we may charge an additional fee for each authorized driver (other than the renter). “Vehicle” means the motor vehicle identified in this Agreement and any vehicle we replace it with, and all of its tires, tools, accessories, equipment, keys, and vehicle documents, but “Vehicle” does not include portable navigation devices or other optional equipment (“Optional Equipment”) that you rent from us. “Loss of Use” means the loss of our ability to use the Vehicle for any purpose (including, but not limited to, non-rental uses such as general display of the Vehicle, display of the Vehicle for sale, non-profit transportation by employees) due to damage to or loss of the Vehicle during the rental period. “Diminished Value” means the difference between the value of the Vehicle immediately before the damage or loss and the value of the Vehicle after repair or replacement. “Vehicle License Fee” means our estimate of the average daily, per-vehicle portion of the charges imposed on us by government authorities, including our total annual costs for licensing, titling, plate registration, inspection, and vehicle registration, or to recover other similar charges as permitted by applicable law.
2. Rental, Indemnity, and No Warranties. This is a rental agreement for the Vehicle. The price provided on your Face Page is only for the specific rental period shown on the Face Page. If you return your Vehicle early or late, the price is subject to change. To the extent permitted by law, we may terminate this Agreement and repossess the Vehicle at your expense without notice if you breach this Agreement or if the Vehicle is abandoned or used in violation of the law or this Agreement. To the extent permitted by law, you agree to indemnify, defend, and hold us harmless from and against any and all liabilities, costs, and attorneys' fees incurred by us as a result of this rental and your use of the Vehicle; and (b) We make no warranties, express, implied, or apparent, with respect to the Vehicle, no warranty of merchantability, and no warranty that the Vehicle is fit for a particular purpose. You agree not to alter the Vehicle or any Optional Equipment. If you or an Authorized Driver determine that the Vehicle or any Optional Equipment is unsafe, you or the Authorized Driver must stop operating the vehicle or Optional Equipment and notify us immediately.
3. Telematics Notice and Release. You acknowledge that the Vehicle may be equipped with a telematics device, global positioning satellite (“GPS”) technology, an electronic locator device, and/or an event data recorder. We may locate, monitor, or disable the Vehicle through such systems if we deem it necessary, without warning or notice, to the extent permitted by applicable law. Remote monitoring may include the collection of vehicle data, such as location, odometer, oil life, fuel level, tire pressure, battery charge, diagnostic trouble codes, and other items we may deem necessary. We are not responsible for the operation of any telematics navigation system or other system included with the Vehicle. You acknowledge that these systems may use cellular phones, wireless technology, Bluetooth technology, or radio signals to transmit data, and therefore, your privacy cannot be guaranteed. You authorize the use, disclosure, or access by any person to location information, automatic accident notification, and operational vehicle reporting conditions as permitted by law. You must inform each and every driver and passenger in the vehicle of the terms of this section and that you have authorized the release of information as provided herein. You agree to release, indemnify, defend, and hold us harmless from any and all liability for personal injury or property damage caused by the failure of the telematics device to function properly, or otherwise arising from the use of the telematics device. Third-party telematics service providers are not our agents, employees, or contractors. The use of a telematics system during the rental period is subject to the terms of service and privacy policy of the third-party telematics system provider.
4. Vehicle Condition and Return. You must return the Vehicle to our rental office or another location we identify, on the date and time specified in this Agreement, and in the same condition in which you received it, except for normal wear and tear. If the Vehicle is returned to any other office or location, or left anywhere other than the office or location identified by us, you remain responsible for the safety, security, and any damage to or loss of the Vehicle until we inspect it. You also authorize us to charge your credit or debit card a service charge or one-way charge, plus any additional costs incurred by us in returning the Vehicle. If the Vehicle is returned after closing hours, you remain responsible for the safety, security, security, and any damage to or loss of the Vehicle until we inspect it at our next business opening. Any servicing of the Vehicle or replacement of parts or accessories during the rental period requires our prior written approval. You must check and maintain all fluid levels, ensure the vehicle is roadworthy, lock the vehicle at all times when not in use, and return the vehicle with at least the same amount of fuel as when you rented it, unless you offer and purchase a prepaid fuel service. No refund or credit will be issued if you return the vehicle with more fuel than when you received it. Failure to return the rented property or equipment at the expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) constitutes abandonment or refusal to return the property, punishable under Florida Statutes Section 812.155.
5. Liability for Damage or Loss; Reporting to the Police; Liability for Fees; Liability for Optional Equipment. You are responsible for all damage to, loss of, or theft of the Vehicle, including damage caused by collision, weather, road conditions, and acts of nature, even if you are not at fault. You are responsible for the cost of repair or the actual retail cash value of the Vehicle on the date of loss if the Vehicle cannot be repaired or if we decide not to repair it. You are also responsible for loss of use (excluding fleet utilization), diminished value, and our administrative costs incurred in processing a claim. You must report all accidents, theft, and vandalism incidents to us and the police as soon as you discover them. You are responsible for paying directly to the collecting authorities all parking fines, toll fees, toll evasion fines, and other fees, fines, and penalties imposed on you, us, or the Vehicle during this rental. If you fail to pay any of these charges and we pay a portion of them, you will reimburse us for all of those charges and, in addition, pay us an administrative fee of up to $25 per charge. For rentals with pickup locations in the state of California, we will be responsible for any fines imposed on you, us, or the Vehicle that are based solely on the Vehicle's lack of a toll transponder.
6. Optional Equipment. Upon request and subject to availability, we offer certain optional equipment, including but not limited to child seats, for use during your rental at an additional charge. All optional equipment is rented AS IS and must be returned at the end of the rental period in the same condition in which it was rented. Optional equipment is not part of the car. You are responsible for any loss or damage to any optional equipment, regardless of the cause. You should review the operating instructions for all optional equipment before leaving the rental office. If you rent a child seat from us, you are solely responsible for inspecting and properly installing the seat. We make no warranties, express, implied, or apparent, with respect to the child seat or any other optional equipment, including but not limited to warranties of merchantability and warranties that the child seat or any other optional equipment is fit for a particular purpose. You are responsible for all injuries or damages arising from or related to the use of the child seat or any other optional equipment.
7. Disclaimer of Liability for Damages; Prohibited Use of the Vehicle; Roadside Assistance. LDW and PDW are not insurance; they are optional and may duplicate other coverages you may have. If you purchase LDW or PDW, we waive your liability for the portion of damage to or loss of the vehicle stated on the homepage. We will not waive your liability, even if you have purchased LDW or PDW, if you provided us with false, fraudulent, or misleading information before or during the rental, and we would not have rented you the vehicle or extended the rental period if you had provided us with truthful information; or if you fail to notify us and the police of an accident, theft, or vandalism involving the vehicle, or if the damage to or loss of the vehicle results from prohibited use, including damage or loss that: (a) is caused by any person other than an authorized driver; (b) is caused by any person under the influence of drugs or alcohol; (c) occurs while using the Vehicle during the commission of a felony or other offense, other than a minor traffic violation; (d) occurs while transporting persons or property for hire, while pushing or towing anything, during a race, speed trial, or competition, or while teaching someone to drive; (e) results from the transportation of hazardous, dangerous, or illegal material; (f) results from the use of the Vehicle outside the geographic area specified on the Home Page, or from use in Mexico; (g) is caused by driving on unpaved roads; (h) occurs while transporting more persons than the Vehicle has seat belts for, while transporting persons outside the passenger compartment, or while transporting children without approved child safety seats as required by law; (i) occurs when the odometer has been tampered with or disconnected; (j) occurs when the Vehicle's fluid levels are low, or it is reasonable to expect that you know further operation would damage the Vehicle; (k) is caused by carrying anything on the roof, trunk, or hood of the Vehicle, or by cargo improperly secured inside the Vehicle, or by an animal being transported in the Vehicle; (l) occurs when the Vehicle is unlocked, or the keys or keyring are lost, stolen, or left in the Vehicle when it is not being operated; (m) is caused, where applicable, by any person who lacks experience in operating a manual transmission; (n) results from failure to allow sufficient height or clearance; (o) results from your intentional, lewd, or reckless act or misconduct; (p) results from refueling with a type of fuel unsuitable for the specific Vehicle; or (q) results from driving or operating the Vehicle while using a handheld wireless communication device or other device capable of receiving or transmitting telephone communications, electronic data, mail, or text messages while not in hands-free mode. In the event of a loss due to theft of the Vehicle, we will not waive our responsibility for the loss unless you return to us all the Vehicle keys or ignition devices that we gave you at the time of rental.
a. Lost or damaged keys or keyrings. Even if you purchase LDW or PDW and do not violate the terms detailed in paragraph 7 above, you will be responsible for the following: a) a service fee for replacing the keys or keyring and delivering replacement keys or keyrings or towing the Vehicle to the nearest location if you lose the keys or keyring from the vehicle; and b) a service fee for delivering replacement keys or keyrings or towing the Vehicle to the nearest ebes location if you lock the keys or keyring in the Vehicle and request ebes assistance, flat tire service, and jump starts.
b. Roadside Assistance Protection. Roadside assistance is available to all renters. In some cases, we can offer additional roadside assistance protection. If you purchase optional Roadside Assistance Protection, we will provide 24/7 breakdown assistance (where available) at no extra charge. Roadside Assistance Protection includes replacement of lost keys or key fobs, flat tire service, jump-start, and key lock services. The cost of a replacement tire is not covered by Roadside Assistance Protection. If you do not purchase Roadside Assistance Protection, you may incur additional costs if we provide the services described above. When deciding whether or not to purchase Roadside Assistance Protection, you may want to check if you have other coverage for these services. Roadside Assistance Protection is not insurance and is optional. Roadside Assistance Protection is void if you breach this agreement, including the prohibited uses in paragraph 7.
8. Prohibited Uses. Where permitted by law, the following, in addition to the prohibitions listed above in the Exemption from Loss Damages section, unless ebes grants permission, will be considered prohibited uses of the Vehicle (“Prohibited Uses”):
• By any person without first obtaining written consent from ebes;
• By any person other than a qualified and licensed driver;
• To transport people or goods for hire, livery, on-demand service or transportation network company (Uber, Lyft, etc.);
• To propel or tow any vehicle, trailer, or other object;
• In any race, test, or competition;
• For any illegal purpose or in the commission of a crime;
• Instructing an unlicensed person in the operation of a vehicle;
• If the vehicle is obtained from ebes through fraud or misrepresentation;
• To transport people who are not in the vehicle's passenger compartment;
• Loading the vehicle beyond its rated capacity;
• While under the influence of alcohol or other intoxicants such as drugs or narcotics, or under any other physical or mental impairment that adversely affects the driver's ability to operate the vehicle;
• Intentionally causing damage to or loss of the Vehicle;
• In a location other than a paved road or a leveled private road or driveway; and
• In an unsafe, reckless, grossly negligent, or lewd manner. Violating a traffic law or receiving a ticket in an accident is not automatically a violation of this provision, but it may be an indication that a violation of this provision has occurred.
• Younger than the minimum age set out in this agreement
The prohibited use of the Vehicle violates this agreement, voids all liability and other insurance coverage (where permitted by law), makes the Vehicle subject to immediate repossession by ebes, and makes you liable for all loss, damage or connection with the Vehicle, regardless of cause, including, but not limited to, ebes' expenses, including loss of use.
9. Insurance. Unless you have purchased Supplemental Liability Insurance or Business Travel Protection from us, YOU AGREE TO MAINTAIN AUTO INSURANCE for the duration of this rental agreement, providing the owner, renter, and any other person using or operating the rental vehicle with the following primary coverage: a) Bodily Injury (“BI”) and Property Damage (“PD”) liability coverage; b) Personal Injury Protection (“PIP”), no-fault or similar coverage when necessary; c) Uninsured/Underinsured (“UM”/“UIM”) coverage when necessary; and d) Comprehensive and Collision Damage coverage extending to the rental vehicle. The customer’s insurance will provide at least the minimum coverage limits required by the Financial Responsibility (“FR”) laws of the state where the loss occurs. Because the customer provides auto insurance, we do not. In states where the law requires us to provide insurance, we will only provide excess insurance, up to the minimum limits required by French law. The customer's insurance will be primary. Any insurance we are required to provide applies only to BI and PD claims. Our policy contains exclusions, conditions, and limitations applicable to anyone claiming coverage. The customer agrees to cooperate with our insurer if any claim is made. Our insurance applies only in the United States. Where permitted by law, you waive UM, UIM, supplemental, PIP, and no-fault coverages. Where we are required to provide such coverage, you are granted the minimum limits required by law. Any breach of this rental agreement will void any insurance coverage. You understand that you are not an additional insured under ebes' collision, alteration, and total loss insurance. Valid and collectable liability insurance and personal injury protection insurance of any licensed hire or lease driver is paramount to the liability and personal injury protection coverage limits required by §§ 324.021 (7) and 627.736 of the Florida Statutes.
10. Charges and Costs. You will pay us on or before the conclusion of this rental, or upon demand, all charges due to us under this Agreement, including the charges and fees shown on the Homepage and: (a) a mileage charge based on our experience if the odometer is tampered with; (b) any taxes, surcharges, or other government-imposed fees applicable to the transaction; (c) all expenses we incur in locating and recovering the Vehicle if you fail to return it, return it to a location or office other than the location or office identified by us, or if we elect to repossess the Vehicle under the terms of this Agreement; (d) all costs, including pre- and post-judgment attorneys' fees, we incur in collecting payment from you or enforcing or defending our rights under this Agreement; (g) a reasonable fee not to exceed $150 to clean the Vehicle if it is returned substantially less clean than when rented or if there is evidence of smoking or vaping in our Vehicle; and (h) towing, impoundment, storage charges, forfeiture, court costs, fines, and all other costs we incur as a result of your use of the Vehicle during this rental. Special rental rates, vehicle upgrades, or any equipment or services provided to you free of charge apply only to the initially agreed-upon rental period. If you return the Vehicle after the expiration date, you may be charged standard rates for each day (or partial day) after the expiration date, which may be substantially higher than the rates for the initially agreed-upon rental period. You may also be charged standard rates for each day (or partial day) after the expiration date for any equipment or services provided to you free of charge during the initially agreed-upon rental period. You will not receive a refund of any prepaid amounts if you return the Vehicle before the expiration date. All charges are subject to final audit. If errors are found, you authorize us to correct the charges with your payment card issuer. If a reservation is for a period exceeding 30 consecutive days, the reservation will be governed by the following: Such a reservation will consist of consecutive rentals for individual periods of no more than 30 days each (“Rental Period”).
11. Deposit. You authorize us to reserve an amount of up to three times the total estimated charges as a deposit with your credit or debit card at the beginning of the rental, in no case less than $400, or the amount shown on the homepage. For vehicles in the Executive or Luxury categories, you authorize us to reserve up to $4,000 with your credit card. We may use your deposit to pay any amount owed to us under this Agreement. The deposit amount does not in any way limit the total amount owed that can be used under this Agreement. We will authorize the release of any excess reservation upon completion of the rental. Your debit/credit card issuer's rules will apply to your account being credited for the excess, which may not be immediately available.
12. Your Property. You release us, our agents, and employees from all claims for loss of or damage to your personal property, including digital data or information from any mobile device linked to any device or telematics system in the Vehicle, or to that of any other person, that we receive, handle, or store, or that was left or transported in the Vehicle or any service vehicle or in our offices, whether the loss or damage was caused by our negligence or liability. The Vehicle may be equipped with an infotainment system that allows you to pair your own mobile devices and that can download your personal contacts, communications, location, or other digital data. If you pair your device during the rental, you must unpair it and erase all personal information from the vehicle's systems before returning it.
13. Breach of Contract. The acts listed in paragraphs 7 and 8 are prohibited uses of the Vehicle and breaches of this Agreement. You will be in breach of this Agreement if you allow anyone other than the Lessee or an authorized Driver to operate the Vehicle. If an unauthorized driver damages the Vehicle or injures other people, we will hold them liable for the damage. You waive all remedies against us for any criminal complaint or prosecution brought against you by law enforcement arising from your breach of this Agreement.
14. Modifications. No term of this Agreement may be waived or modified except by a written notice signed by one of our expressly authorized representatives. If you wish to extend the rental period, you must return the Vehicle to our rental office for inspection and submit a written amendment before the Expiration Date. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us with respect to this rental are void.
15. Severability. If any provision of this Agreement is determined to be illegal, contrary to public policy, void or unenforceable, all remaining provisions will continue in full force and effect.
16. Waiver. A waiver by us of any breach of this Agreement does not constitute a waiver of any further breach or a waiver of the performance of our obligations under this Agreement. Our acceptance of payment by you or our failure, refusal, or negligence to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. To the extent permitted by law, you release us from any liability for consequential, special, or punitive damages in connection with this rental or the reservation of a Vehicle.
17. Arbitration Agreement and Waiver of Class Actions. Both you and ebes waive your right to a jury trial or to participate in a class action under the following terms. You and ebes agree to arbitrate any and all claims, controversies, or disputes of any kind (“claims”) between you, including, but not limited to, claims arising out of or relating to this agreement, or our products and services, charges, advertisements, or rental vehicles, including, but not limited to, claims based on contract, tort (including intentional torts), fraud, agency, negligence, statutory or regulatory provisions, or any other source of law. The arbitrator, and not any federal, state, or local court or agency, shall have the authority to resolve any and all disputes relating to the interpretation, enforceability, or formation of this agreement, including but not limited to any claim that all or any part of this agreement is void or voidable. You and ebes agree that no claims will be brought as a representative on a class or representative basis, that no arbitration forum will have jurisdiction to decide any claim on a class or representative basis, and that there are no rules for class or representative arbitration. However, the parties agree that either party may bring an individual action in small claims court with valid jurisdiction, provided that the action is not part of a class action, a private attorney general's action, or other representative or collective action. The parties also agree that claims involving a third-party insurance company providing separate coverage to you, personal injury claims, or claims related to the enforcement of your financial responsibility related to the use or operation of the Vehicle may be brought in a court with valid jurisdiction.
18. Dispute Resolution Procedure. Before asserting a claim in any proceeding, you and ebes agree that either party will give the other party written notice of the claim to be asserted thirty (30) days prior to initiating any proceeding and will make a reasonable good faith effort to resolve the claim. If you intend to assert a claim against ebes, you must send written notice of the claim to: GLOBAL MOVE MOBILE LLC Office: 3785 NW, 82nd Avenue, Suite 104, Miami, Florida 33166. If ebes intends to assert a claim against you, we will send written notice of the claim to your address on file with us. No demand for arbitration may be made after the date on which the institution of legal or equitable proceedings based on such claim or dispute would be prohibited by applicable statute of limitations. No demand for settlement or offer of settlement made prior to any legal proceeding may be used in any proceeding, including as evidence or as an admission of liability or damages (or lack thereof), and will remain confidential between you and ebes. If you and ebes do not resolve the claim within thirty (30) days of receipt of the notice described above, either party may initiate arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved in accordance with the AAA’s Commercial Consumer Arbitration Rules in effect at the time the demand is filed, as modified by this Agreement; however, a single arbitrator will be selected in accordance with the AAA’s Consumer Arbitration Rules. The AAA’s rules can be found at www.adr.org. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator has no authority to join or consolidate claims, or to award joined and consolidated claims. The parties agree that the arbitrator's decision and award will be final and binding and may be affirmed or challenged in any court of competent jurisdiction as permitted by the Federal Arbitration Act. If you are an individual, and (1) your claim is less than $10,000, and (2) you can show that the costs of arbitration would be prohibitive compared to the costs of litigation, you will pay the majority of your filing and hearing fees related to the arbitration, as the arbitrator deems necessary to prevent arbitration from being prohibitively expensive compared to the cost of litigation. You are responsible for all other costs/fees you incur in the arbitration (e.g., attorneys' fees, expert witness fees, etc.). If any part of this “Dispute Resolution Procedure” section or the “Arbitration Agreement and Class Action Waiver” section is deemed invalid, unenforceable, or does not apply to a claim, the remainder of this “Dispute Resolution Procedure” section and the “Arbitration Agreement and Class Action Waiver” section remains in full force and effect. However, if the “Arbitration Agreement and Class Action Waiver” section is deemed unenforceable, any class action claim must proceed in a court of competent jurisdiction.
19. Personal Information. The information you provide to us is stored and used to the fullest extent permitted by law. You agree that we may, and you authorize us to, provide personal information we have about you and other authorized drivers (including driver name, address, cell/mobile phone number and other phone numbers, driver's license, and/or credit/debit card information) to applicable authorities or other third parties in connection with enforcing our rights under this Agreement and for other legitimate business purposes, including disclosure to our affiliates or other third parties providing services on our behalf. You also consent to us or our representatives contacting you. Privacy-related questions should be directed to: Personal Data, GLOBAL MOVE MOBILE LLC Office: 3785 NW, 82nd Avenue, Suite 104, Miami, Florida 33166.
Florida law requires all motor vehicle operators transporting children age 5 and under to properly use a federally approved, crash-tested child restraint system. This car rental company has federally approved, crash-tested child restraint systems available for rent.