1. DEFINITIONS AND GENERAL PRINCIPLES

"You" are the customer (main driver) who signed the rental agreement and who is entitled to drive the vehicle.

"CCM Miami" is the company that provides the car rental.

"Vehicle" is the car that CCM Miami is renting to you for the agreed duration of the rental agreement and will include all parts and accessories fitted to it at the commencement of the rental.

"Damage" is any damage occurring to the Vehicle (including glass, lights and mirrors) and any damage occurring to third party property where applicable.

2. PREREQUISITES

You must hold and produce a driving licence valid in the country where the rental takes place. In addition to the normal driving licence, an international driving licence is also mandatory if the driving licence is written in a language different to the one of the renting country and/or in characters that can not be read in the renting country. Please note that the international driving licence is valid only if accompanied by the normal driving licence.

When the rental is made outside your country of residence you must also present a valid identity card or a valid passport. These identification documents are generally not requested if you are a resident of the United States of America.

You must be aged 21 or over to rent a car. A young driver surcharge may be applicable in some instances. The above requirements are also applicable to all additional drivers if any.

You must produce a valid credit card with an expiry date after the due check-in date at pick up time.

Please note that CCM Miami accepts major credit cards such as American Express, Mastercard, and Visa. As certain credit card companies may not be represented, it is advisable to verify in advance the acceptance of a given card. Credit cards are accepted to the limits authorised by the credit card company.

3. THE VEHICLE: CONDITION, USE, BREAKDOWN ASSISTANCE AND MAINTENANCE/MECHANICAL PROBLEMS

3.1 Condition of the Vehicle.

A description of the condition of the Vehicle will be given to you at the same time as the rental agreement.

Before leaving the rental location, you are required to check the condition of the Vehicle. Where an apparent defect is found which is not already listed in the document, you must immediately inform CCM Miami in order to proceed with a joint-examination of the Vehicle.

In such a case, amendments must be made to the document and duly countersigned by both parties.

If the amended document is not countersigned by both parties, the condition of the Vehicle will be as set out in the document given to you with the rental agreement and it will be considered that you received the Vehicle in proper working condition.

You will return the Vehicle in the same condition as it was provided at the start of the rental.  You are responsible for any repair or refurbishment costs and these will be added to the cost of the rental.

3.2 Use of the Vehicle

The Vehicle must not be driven by anyone other than you and then only under the condition that your ability to drive is not in any way impaired by mental or physical incapacity or restricted by the Law.

If you wish to take the Vehicle outside the state of Florida, you must obtain CCM Miami's prior written consent.

You must take care of the Vehicle, keep it in good repair and condition, pay any fines for which you may be liable, reimburse CCM Miami for any damage to the Vehicle, and refund CCM Miami for any costs it incurs.

You must only refuel the Vehicle with the correct type of fuel. Costs of fuel and for the refuelling service will be at your expense if the Vehicle is not returned with at least the same tank that you had at the pick up.

You are liable for all fees, taxes, fines and penalties incurred in connection with the use of the Vehicle and for which CCM Miami is charged, unless they have arisen through the fault of CCM Miami.

During the rental period you must carry out the usual checks (engine oil level, tire pressure, etc.) as would any careful user and you must respect the maintenance cycle of the Vehicle as stated in the maintenance guide, if any.

When parking the Vehicle, even for a short period, you undertake to lock it and make use of the Vehicle's alarm and/or immobilisation equipment. You must never leave the Vehicle unoccupied with the keys in the ignition. Non-return of the keys will lead to invalidation of the theft cover.

You undertake to use the Vehicle in a responsible manner and in particular, only for the purposes for which it is intended. For a car, this means primarily carrying passengers other than for hire and reward.

In particular, you must not use the Vehicle under any of the following conditions or for any of the following purposes:

- driving the Vehicle under the influence of alcohol, drugs or any other type of narcotic substances,
- transportation of inflammable or dangerous goods, as well as toxic, corrosive, radioactive or other harmful substances, - carrying anything which, because of its smell or condition, harms the Vehicle or causes CCM Miami  to lose time or money before it can rent the Vehicle again, - transportation of live animals (with the exception of domestic pets, subject to prior authorisation by CCM Miami), - with a roof rack, luggage carrier or similar, unless supplied by CCM Miami, - re-rental to or use by other persons, - carrying passengers for hire or reward, - participating in rallies, competitions or trials, wherever they may take place, - giving driving lessons, - pushing or towing another vehicle (except those vehicles equipped by CCM Miami with a towing-hook; maximum load 1,000 kg), or exceeding the authorised load weight. - travelling on non-paved roads or on roads, the surface or state of repair of which could put the vehicle's wheels, tires or its under body mechanics at risk, - intentionally committing any offence. - none of the goods and baggage carried in the Vehicle, including their packing and stowage equipment, will be permitted to damage the Vehicle, nor put the occupants abnormally at risk, - in any way which breaks the highway Code, road traffic laws or any other laws.

You will be liable for any offence committed during the rental period which relates in any way to your use of the Vehicle, as if you were the owner of the Vehicle. Upon the request of the Police or any official body CCM Miami may have to transfer your personal data. Such transfer will be done in accordance with the data protection Laws of the state of Florida.

3.3 Maintenance / Mechanical Problems

The Vehicle has been provided to you with a full set of ties in good condition. In the event that any of them is damaged for any reason other than normal wear and tear, you undertake to replace it immediately at your own expense with a tire of the same dimensions, type and wear characteristics.

You must stop the Vehicle if any of the instrument panel warning lights, which are intended to indicate the existence of a mechanical problem, light up, or if you become aware of anything else which may indicate the presence of a mechanical problem with the Vehicle.

If the odometer has stopped functioning for any reason other than a technical failure, you will be required to pay a distance charge according to the rates in force in the country of rental.

When the rental starts, the Vehicle will be roadworthy and fit for normal use. If it is not, or if it becomes un-roadworthy or unfit for normal use during the rental because of mechanical breakdown or accident, you must inform CCM Miami.

CCM Miami will have the choice between replacing the Vehicle or accepting repairs to be done to the Vehicle. In the latter case, repairs can only be made after written or oral confirmation from and instructions given by CCM Miami as well as prior acceptation by CCM Miami of the estimation of costs. Without prejudice to any question of liability, the expenses for the repairs may be charged directly to CCM Miami. If not, CCM Miami reserves the right to request from you the remittance of the defective pieces and the paid invoice.

The fees and expenses of any repair undertaken without the order of CCM Miami will not be reimbursed to you.

You must inform CCM Miami, or one of its agents, of all accidents, damage to or breakdowns of the car, even those which may already have been repaired, when you return the Vehicle. You will remain liable for any damages to CCM Miami.

In any case, neither CCM Miami nor its directors, officers or employees will be liable to you for any loss or damage (including but not limited to loss of profit or earnings...) nor, to the extent permitted by the Law, for indirect consequential damages whether your action is based on contract or in tort.

4. RENTAL PERIOD

4.1  Principle and Calculation

You undertake to return the Vehicle to CCM miami at the agreed place, on the date and at the time indicated on the rental agreement.

The rental duration is calculated on the basis of indivisible periods of 24 hours, starting from the time the Vehicle is made available. However, a 1-hour grace period is applied at the end of the rental before the start of a new 24-Hour period.

4.2  Extension of the Original Duration of the Rental

Should you wish to keep the Vehicle for a period longer than that originally set out in the rental agreement, you are must first contact by phone the CCM Miami office in order to extend the duration of the rental agreement.

The Vehicle is insured for the period mentioned on the rental agreement. Unless otherwise agreed in writing by CCM Miami, once this period is passed, the contracting party remains liable for any damages to CCM Miami.

4.3 Delivery and Collection Terms

Where you ask CCM Miami and CCM Miami agrees in writing to deliver the Vehicle or to collect the Vehicle, you may have to pay additional charges and follow additional instructions. You must check at the time of reservation.

When you return the Vehicle, or if CCM Miami has agreed you will do so, when you leave the Vehicle for collection by CCM Miami, you must complete the details of the date and time of return, the mileage and fuel gauge reading and other information shown on the rental document wallet. You must also do anything else, which CCM Miami requests as a condition of agreeing to collect the Vehicle.

You must return the Vehicle immediately if CCM Miami asks you to do so. In the event that the Vehicle is not delivered to CCM Miami upon request you hereby authorise CCM Miami to enter your premises and to do any and all other things necessary to repossess the Vehicle. You will be liable for any costs associated with such repossession. CCM Miami may repossess any vehicle without notice or liability where CCM Miami deems that such repossession is necessary for its own protection.

4.4 End of Rental

The end of the rental is defined by the return of the Vehicle and of its keys to the CCM Miami office. This must be done to a CCM Miami employee and under no circumstances should you give the keys to any person present at the CCM Miami office and who you assume or who purports to be a CCM Miami employee.

If the Vehicle is returned without its keys, you will be invoiced for the cost of the replacement keys. Under no circumstances will CCM Miami accept any liability for articles that may have been left in the Vehicle at the end of the rental.

IMPORTANT NOTE:
Outside the normal opening hours, depositing the keys and documents in a letter box does not constitute the end of the rental. You remain liable for any damages until a CCM Miami employee takes possession of the Vehicle, documents and keys when the CCM Miami office opens.

4.4.1  In the event of confiscation, theft or accident

In the event of measures by third parties, including attachment, confiscation or impounding of the Vehicle, you must immediately inform CCM Miami in writing. CCM Miami will then be entitled to take all measures which it deems necessary to protect its rights. You will be liable for all damage, cost and/or expenses associated with the above measures and for any direct, indirect, consequential damages (such as loss...) to the Vehicle unless it is demonstrated that CCM Miami is directly responsible for such confiscation or impounding of the Vehicle.

Furthermore, the rental agreement may be automatically terminated as soon as CCM Miami is informed of such action by the legal authorities or by you.

Any use of the Vehicle which may be detrimental to CCM Miami will entitle CCM Miami to automatically terminate the rental agreement with immediate effect. You will then return the Vehicle immediately as soon as CCM Miami so requests.

In the event of theft of the Vehicle, the rental agreement will be terminated as soon as CCM Miami has received a copy of the theft declaration made by you to the police authorities.

In the event of an accident, the rental agreement will be terminated as soon as CCM Miami has received a copy of the accident report completed by you and, where applicable, the third party. If CCM Miami provides a new vehicle, the rental agreement will be amended accordingly.

Furthermore CCM Miami will have no responsibility for loss, theft, robbery or damage of whatever nature relating to objects and/or utensils transported or which are found in the Vehicle including, in particular, baggage and/or goods.

5. RATES / TERMS OF PAYMENT

5.1 Rates

The total charges for each rental will be determined according to the price list applicable at the time of rental. If you do not meet the preconditions for a contractual rate, then the standard rate is to be paid.

5.2 Terms of Payment

When payment is made by means of a credit card, an authorisation will be requested prior to the start of the rental.

The amount of the authorisation is indicated while you perform your booking on booking.ccmmiami.com. This amount is not debited. It is held on cardholder's bank account until the final rental charge amount is debited.

When the Vehicle is returned, the invoiced amount will be charged to the credit card provided, unless you present another means of payment.

In the event of non-payment by the due date shown on the invoice, you will be liable, for payment of interest on the due amount in accordance with the details on the invoice, if any.

Non-payment by due date of any invoice or any other non-payment will render all outstanding invoices due immediately and will authorise CCM Miami to require immediate return of any vehicles still on rent and to terminate the agreements relating to such rentals.

The tariffs applicable to the rental, to the additional services and to the optional covers or insurances are those which are in force on the date of issue of the rental agreement, and correspond to the characteristics you originally indicated at the time of reservation. Any modification in the characteristics will entail the use of an appropriate alternative tariff.

Should the Vehicle not be returned with at least the same tank CMM Miami provided you, you will be charged for the missing quantity of fuel and for the refuelling service according to the tariffs in force in the country of rental.

5.3 Booking online

To book the car, a 30% deposit will be charged on your credit/debit card. This deposit is non-refundable unless you cancel your order within 24 hours following the booking or the cancellation is the fault of CCM Miami. Please read the article "7. Cancellation and refund policy" for additional information.

6. INSURANCE

All the vehicles in CCM Miami's fleet are insured against Bodily Injury and/or Property Damage that you might inflict on a third party as a result of an accident involving the Vehicle. The amounts for such liability cover are available on request at the CCM Miami office. In particular, you must comply with the rule concerning permitted destinations, as set out in Article "use of the vehicle" above, in order to have the full benefit of the insurance provisions.

IMPORTANT NOTE:
Damage to the under body-work and/or roof due to collision with bridges, tunnels, overhanging structures etc., is excluded from the damage cover, unless force majeure can be proved.

6.1  Liability in the Event of Damage to the Rental Vehicle or Theft or Conversion thereof

6.1.1 You will be liable for any damages to CCM Miami when renting a Vehicle that has been entrusted to you.
Therefore, in the event of theft of the Vehicle or damages caused to it, you must fully indemnify CCM Miami (the indemnification will include the amounts corresponding to the repair costs, resale value of the Vehicle, loss of use, administration charges...).

The amount will not exceed the market value of the rented vehicle at the time of the event.

Therefore, at the end of the Rental, IN THE EVENT OF DAMAGE OR THEFT, YOU WILL BE DEBITED with an amount equal to the non-waivable excess charge according to the tariffs in force in the rental country. IN THE EVENT OF LIGHT DAMAGE, YOU WILL BE DEBITED according to the provisions of section 6.1.2.

You are advised that any waivers you may have chosen will be invalidated if you fail to take reasonable measures for the safety of the Vehicle, its parts or accessories, or fail to comply with all restrictions on the use of the Vehicle or otherwise abuse or misuse it.

You will not be exempt from liability towards CCM Miami in the case of breach of contract. Therefore, you will be responsible for any financial loss CCM Miami suffers as a result of such breach and for any relevant claims made by other people. You agree to pay any amounts CCM Miami spends in enforcing these terms.

THEREFORE IN ANY CASE, NEITHER CCM MIAMI NOR ITS OFFICERS, DIRECTORS, EMPLOYEES WILL BE LIABLE TO THE CONTRACTING PARTY FOR ANY AMOUNTS NOR FOR ANY ACTIONS, LAW SUITS OR CLAIMS RELATED TO ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE DAMAGES (SUCH AS LOSS OF BUSINESS, LOSS OF PROFIT) ARISING OUT OF OR IN CONNECTION WITH THE RENTAL OR THE USE OF ANY VEHICLE WHEHER THE ACTION IS BASED ON CONTRACT OR IN TORT. YOU WILL INDEMNIFY AND HOLD CCM MIAMI HARMLESS FROM ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES OR EXPENSES ARISING OUT OF THE RENTAL AND/OR THE USE OF THE VEHICLE.

If the loss suffered by CCM Miami is subsequently reduced (recovery of the Vehicle within 60 days, partial or total liability on the part of the Third party), you will receive the corresponding reimbursement.

6.1.2 Light damage (valid only if applicable)

Both at check-out and check-in CCM Miami will, together with you, record in the rental agreement all visible light damage to a vehicle in compliance with the detailed list of light damages and repair costs displayed at the counter which you hereby acknowledge.

At check-out unrepaired damage must appear on the rental agreement with the appropriate signatures by you and CCM Miami. At the end of the rental, at check-in, the identification of any new light damage must be added to the rental agreement. Any new light damage will be immediately pointed out to CCM Miami, mentioned in the rental agreement, and signed by you and CCM Miami. This damage will be charged to you.

These repair costs will be directly billed to you by CCM Miami and will include the cost of the damage repair as well as administration charges, immobilisation costs, spare parts and labour costs. The above-mentioned invoiced repair costs are payable under the same conditions as for the payment of the rental agreement.

7. CANCELLATION AND REFUND POLICY

- If you cancel your rental within 24 hours following your booking, we will refund
100% of the deposit. In this case, the refund will be made on your debit/credit card.

- If you cancel your rental before or the day of the pick-up, you will loose the 30% deposit you paid online.

- If you cancel your rental while in the rental period or no-show and after
signing the contract we are entitled to charge you for 100% of the total rental
amount showed while you proceeded the booking online. Which means that CCM Miami will charge you for the remaining 70%.

8. PRIVACY POLICY

Please note that in the course of the performance of the booking as well
as the rental process, CCM Miami collects some personal data. It is
mandatory to provide all the information requested; in the absence of
such information, CCM Miami will not be able to correctly ensure the
booking and/or the rental.

Under Florida Law, you may access, amend or delete the
personal information collected by us about you. At any time, you may
correct factual errors by writing to us at the following address: 1333 Dade Boulevard, Miami Beach FL33139.

In order to allow us to provide you with effective services, CCM Miami
may from time to time transfer data collected to other companies. This transfer does not imply any restriction and
our privacy policy will be fully applicable.