Terms of Service
Last updated: January 1, 2025
1. Acceptance of Terms
By accessing or using G Motion Rentals Inc services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services. These terms apply to all visitors, users, and others who access or use the service.
2. Rental Eligibility
To rent a vehicle from G Motion Rentals Inc, you must be at least 21 years of age, hold a valid driver's license issued in the United States or internationally, have a clean driving record for the past 3 years, and provide a valid credit or debit card for the security deposit.
3. Booking and Cancellation
Bookings are confirmed upon receipt of payment. Cancellations made more than 24 hours before the scheduled pickup time are eligible for a full refund. Cancellations within 24 hours of pickup are subject to a one-day rental fee. No-shows forfeit the full booking amount. Dates may also be changed rather than cancelled: a change request can be submitted from your trip page at any time before pickup, and takes effect only once G Motion Rentals Inc confirms it and any price difference is settled.
4. Vehicle Use
Vehicles may only be operated within the continental United States unless prior written approval is obtained. Vehicles may not be used for commercial purposes, racing, off-road driving (unless specifically permitted), or any illegal activities. The renter is responsible for all traffic violations and parking tickets incurred during the rental period.
6. Fuel Policy
Vehicles must be returned with the same fuel level as at pickup. Failure to do so will result in a refueling charge plus a $25 service fee. Electric vehicles must be returned with at least 20% battery charge.
7. Modifications to Terms
G Motion Rentals Inc reserves the right to modify these terms at any time. Continued use of our services after changes constitutes acceptance of the new terms. We will notify users of significant changes via email at least 14 days before they take effect.
7. Background Check Authorization (FCRA)
When you attempt to book a vehicle, list a vehicle as a host, or at any other time we reasonably believe an increased level of risk is associated with your account, you hereby provide G Motion Rentals Inc with written instructions and authorize G Motion Rentals Inc, in accordance with the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) and any analogous state law, to obtain your personal and/or business auto insurance score, credit report, driving record (motor vehicle record), and to conduct a criminal background check where permissible under applicable law. We may use third-party screening providers to perform these checks. You have the right under the FCRA to request a copy of any report we obtain about you and to dispute inaccurate information; contact gmotionrentals@gmail.com to make a request.
8. Mandatory Binding Arbitration and Class Action Waiver
PLEASE READ CAREFULLY — THIS SECTION AFFECTS YOUR LEGAL RIGHTS. By using our services, you and G Motion Rentals Inc each agree that any dispute, claim, or controversy arising out of or relating to (a) these Terms, (b) your access to or use of our services, or (c) any rental, booking, listing, or transaction processed through our platform — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory — will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration takes place in Los Angeles County, California, or by video or phone at the claimant's election. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration agreement. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this section. CLASS ACTION WAIVER: YOU AND G MOTION RENTALS INC AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims, may not preside over any form of representative or class proceeding, and may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim. EXCEPTIONS: This arbitration requirement does not apply to (a) claims that qualify for small-claims court in the county where you reside, (b) injunctive or equitable relief to protect a party's intellectual property rights, or (c) any claim that cannot be arbitrated as a matter of law. OPT-OUT: You may opt out of this arbitration agreement by emailing gmotionrentals@gmail.com with the subject "Arbitration Opt-Out" and your full name, email associated with your account, and statement of opt-out within 30 days of first accepting these Terms. The opt-out applies only to the arbitration clause; all other provisions of these Terms still apply. If any portion of the class-action waiver is found unenforceable, the entire arbitration agreement is null and void as to that proceeding, but the remainder of these Terms remain in effect.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL G MOTION RENTALS INC OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, INSURERS, OR SERVICE PROVIDERS (COLLECTIVELY THE "COMPANY PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR COST OF SUBSTITUTE SERVICES) ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR OUR OBLIGATIONS TO ISSUE REFUNDS PURSUANT TO OUR CANCELLATION POLICY OR TO PAY AMOUNTS DUE UNDER AN APPLICABLE INSURANCE POLICY, THE AGGREGATE LIABILITY OF THE COMPANY PARTIES ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU HAVE PAID OR EARNED THROUGH OUR PLATFORM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100). This limitation applies to the maximum extent permitted by law. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so portions of this limitation may not apply to you. CALIFORNIA CIVIL CODE §1542 WAIVER: If you are a resident of California, you expressly waive the protections of California Civil Code §1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You acknowledge that you have read and understood this waiver and are entering into it knowingly and voluntarily.
10. Indemnification
You agree to release, defend (at G Motion Rentals Inc's option), indemnify, and hold harmless G Motion Rentals Inc and its officers, directors, employees, agents, affiliates, insurers, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees, court costs, and accounting fees) arising out of or in any way connected with: (a) your access to or use of our services, (b) your violation of these Terms or any of our other Policies, (c) your interaction with any other user, including any rental, booking, listing, or transaction, (d) your operation of any vehicle booked through our platform, including any traffic violations, parking tickets, tolls, or accidents, (e) your user content (including reviews, listings, photos, and messages), (f) your negligence, willful misconduct, or violation of any law, or (g) any third-party claim that your use of our services caused harm or damage. This indemnification obligation survives termination of these Terms.
11. Liquidated Damages
You acknowledge that actual damages resulting from certain breaches of these Terms are difficult to estimate accurately and would be difficult for G Motion Rentals Inc to prove with certainty. Accordingly, you agree to pay G Motion Rentals Inc liquidated damages in the amount of FIVE THOUSAND FIVE HUNDRED U.S. DOLLARS ($5,500) per breach for any of the following: (a) using our platform to find a host or guest and then completing a transaction partially or wholly outside our platform to avoid platform fees ("gray market" transactions), (b) unauthorized use of the G Motion Rentals Inc name, logos, trademarks, or domain (including registering similar website domains or social media handles), (c) suing or asserting legal claims against G Motion Rentals Inc or another user in a manner prohibited or waived under these Terms, (d) as a host, listing or releasing a vehicle that you do not own or are not authorized to share, that is not roadworthy, that has expired registration, that is the subject of a missing or stolen vehicle report, or that has a salvaged/branded/washed/written-off title, (e) creating a new account to circumvent a suspension, termination, or closure of another account, (f) cancelling or modifying a booking with the intent to manipulate price or earnings, or (g) misrepresenting identity, driver's license, payment information, vehicle details, or insurance during registration, booking, or a claim. This amount is not a punishment for the breach but rather a reasonable estimate of damages where actual damages are difficult to calculate. This provision is a material element of these Terms and applies to the fullest extent permitted by applicable law. If any portion is deemed unenforceable, the remainder is severed while leaving the rest in effect.
12. Governing Law and Venue
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Subject to the binding arbitration clause in §8 above, any dispute that is not subject to arbitration shall be litigated exclusively in the state or federal courts located in Los Angeles County, California, and you consent to the personal jurisdiction of those courts.
13. Fees and Itemized Disclosures
Specific fees — including the daily rental rate, security deposit, mileage overage charges, late return fees (and any grace period), downtime fees while a vehicle is out of service due to damage, smoking and cleaning penalties, additional driver charges, and insurance deductibles — are itemized in the Rental Agreement you electronically sign at the time of booking. By completing the booking and accepting the Rental Agreement, you acknowledge receipt and understanding of all such fees prior to vehicle pickup. You may request a copy of any signed Rental Agreement by contacting gmotionrentals@gmail.com.
Questions about our policies? Contact us at gmotionrentals@gmail.com