Operated by ELD Enterprises LLC
Effective Date: April 22, 2021 Last Updated: August 16, 2026
PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
These Terms of Service constitute a legally binding agreement between you and ELD Enterprises LLC, acting through its wholly owned BeachCar™ division, referred to throughout these Terms as “BeachCar™,” “we,” “us,” or “our.”
These Terms govern access to and use of the BeachCar™ website, applications, vehicle rental services, private vehicle sharing marketplace, reservation systems, payment services, Host services, Driver services, and related products and services.
BeachCar™ currently operates primarily within the State of Florida.
These Terms contain important provisions concerning vehicle use, insurance, financial responsibility, damage, indemnification, limitations of liability, dispute resolution, arbitration, and waiver of class action and jury trial rights.
1. ABOUT BEACHCAR™
BeachCar™ is a vehicle rental and vehicle sharing business operated as a wholly owned division of ELD Enterprises LLC. BeachCar™ provides technology, vehicle access, reservation services, payment processing, vehicle management, Host services, Driver services, customer support, analytics, and other services that facilitate temporary vehicle use.
BeachCar™ operates through two principal business models.
BeachCar™ Direct Rental
Under the BeachCar™ Direct Rental model, ELD Enterprises LLC, BeachCar™, an affiliated entity, or another identified vehicle provider may own, lease, manage, control, or otherwise supply the vehicle being rented.
When BeachCar™ or ELD Enterprises LLC is identified as the rental provider, the applicable transaction constitutes a direct vehicle rental transaction.
BeachCar™ Peer to Peer Car Sharing
BeachCar™ also operates a platform through which an independent private vehicle owner or authorized vehicle provider may make a vehicle available to eligible Drivers for financial consideration.
For Florida transactions falling within the definition of peer-to-peer car sharing under Florida law, BeachCar™ intends to operate as a “peer to peer car sharing program” as that term is defined by applicable Florida law, including section 627.7483, Florida Statutes.
The legal and financial obligations applicable to a transaction may differ depending upon whether the vehicle is a BeachCar™ Direct Rental Vehicle or a Host Vehicle.
The applicable Reservation Agreement will identify the transaction type and vehicle provider.
2. CONTRACTING PARTY
Your contractual relationship for use of the BeachCar™ Platform is with: ELD Enterprises LLC, acting through its wholly owned division, BeachCar™
BeachCar™ is a business division and brand of ELD Enterprises LLC and is not represented by these Terms as a separate legal entity.
References in these Terms to BeachCar™ include ELD Enterprises LLC when appropriate to the context.
A particular Reservation may also establish contractual rights and obligations between a Driver and a Host.
3. DEFINITIONS
For purposes of these Terms:
“BeachCar™” means ELD Enterprises LLC acting through its BeachCar™ division.
“BeachCar™ Platform” or “Platform” means BeachCar™ websites, applications, software, reservation systems, payment systems, communications, vehicle access technologies, databases, and related services.
“BeachCar™ Direct Rental Vehicle” means a vehicle owned, leased, managed, controlled, supplied, or otherwise directly offered for rental by ELD Enterprises LLC, BeachCar™, an affiliate, or another identified direct rental provider.
“Car Sharing Period” means, for a Florida peer to peer transaction, the period defined by applicable Florida law and the applicable Peer to Peer Car Sharing Program Agreement.
“Driver” means an individual seeking or authorized to reserve or operate a vehicle through BeachCar™.
“Approved Driver” means a Driver specifically authorized by BeachCar™ to operate a particular vehicle.
“Host” means the registered owner or other person or entity legally authorized by the registered owner to make a Host Vehicle available through BeachCar™.
“Host Vehicle” or “Shared Vehicle” means a privately owned or otherwise authorized vehicle made available through BeachCar™ by a Host.
“Peer to Peer Car Sharing Program Agreement” means the terms and conditions governing a Florida peer to peer car sharing transaction between the applicable parties.
“Reservation” means a confirmed BeachCar™ vehicle transaction.
“Reservation Agreement” means the transaction specific agreement, confirmation, pricing disclosure, rental agreement, Peer to Peer Car Sharing Program Agreement, protection terms, and other documents governing a particular Reservation.
“Rental Period” means the period during which a Driver is authorized to possess or operate a BeachCar™ Direct Rental Vehicle.
“Trip” means the authorized use of a vehicle during a Reservation.
“User” means any person accessing or using BeachCar™, including a Driver or Host.
4. AGREEMENT TO THESE TERMS
By accessing BeachCar™, establishing an account, listing a vehicle, booking a vehicle, accepting a Reservation, making or receiving payment, operating a vehicle, or otherwise using BeachCar™ services, you agree to these Terms.
These Terms incorporate by reference the applicable:
BeachCar™ Privacy Policy;
Reservation Agreement;
Driver Rental Agreement;
Peer to Peer Car Sharing Program Agreement;
Host Agreement;
Cancellation and Refund Policy;
Vehicle Use Policy;
Damage and Claims Policy;
Insurance or Vehicle Protection Terms;
Fee Schedule;
Telematics and Vehicle Tracking Notice; and
Other disclosures expressly incorporated into a BeachCar™ transaction.
A transaction specific agreement controls over these general Terms concerning terms expressly applicable to that particular transaction. Nothing in these Terms waives a right or obligation that cannot legally be waived under Florida or other applicable law.
5. FLORIDA OPERATING MODEL
BeachCar™ presently conducts its principal vehicle rental and vehicle sharing operations within Florida.
Florida transactions may be regulated differently depending upon whether the transaction constitutes:
A traditional motor vehicle rental;
Peer to peer car sharing;
A qualifying car sharing service; or
Another legally recognized vehicle transaction.
BeachCar™ may classify and administer each transaction according to applicable Florida law.
A Host Vehicle participating in Florida peer to peer sharing is not automatically treated as a BeachCar™ Direct Rental Vehicle merely because BeachCar™ facilitates payment, identity verification, insurance administration, technology, reservations, or customer support.
6. DRIVER ELIGIBILITY
A Driver must possess a valid driver license authorizing operation of the applicable class of motor vehicle.
For Florida peer to peer transactions, BeachCar™ will not knowingly enter into a Peer to Peer Car Sharing Program Agreement with a Driver who does not satisfy applicable Florida driver licensing requirements.
Eligible Drivers may include Florida residents possessing an appropriate license, qualifying nonresidents possessing an appropriate license issued by another state or country, and other persons specifically authorized to drive under applicable Florida law.
BeachCar™ may establish additional eligibility standards concerning:
Age;
Driving history;
License status;
Vehicle class;
Insurance;
Identity verification;
Payment risk;
Fraud risk;
Prior BeachCar™ activity;
Vehicle value; and
Other legitimate safety or business considerations.
Eligibility for the Platform does not guarantee eligibility for every vehicle.
7. DRIVER LICENSE VERIFICATION AND RECORDS
BeachCar™ may verify Driver license information before permitting a Driver to reserve or operate a vehicle.
For Florida peer to peer transactions, BeachCar™ may collect and retain information required by Florida law, including:
Driver name;
Driver address;
Driver license number;
Driver license jurisdiction;
Information concerning additional Approved Drivers; and
Other records required to document the Reservation.
BeachCar™ may use authorized third parties to verify driver identity, licensing, eligibility, or risk.
8. USER ACCOUNTS
Each User must maintain an individual BeachCar™ account unless BeachCar™ expressly permits a business account or other account structure.
You may not permit another person to impersonate you or use your credentials.
Users must maintain accurate and current:
Contact information;
Identity information;
Driver license information;
Payment information; and
Other account information requested by BeachCar™.
BeachCar™ may suspend access where security, fraud, identity, payment, licensing, safety, or eligibility concerns exist.
9. RESERVATIONS
A vehicle is not reserved until BeachCar™ confirms the Reservation. Your BeachCar™ Reservation may identify:
Vehicle;
Vehicle provider;
Host;
Driver;
Approved Drivers;
Start time;
Termination time;
Pickup location;
Return location;
Rental or sharing rate;
Mileage allowance;
Taxes;
Florida surcharges;
BeachCar™ fees;
Host fees;
Insurance or protection information;
Deposits;
Cancellation provisions;
Fuel or charging requirements; and
Other material terms.
By confirming a Reservation, the Driver accepts the applicable Reservation Agreement.
10. BEACHCAR™ DIRECT RENTALS
When the Reservation identifies BeachCar™, ELD Enterprises LLC, or another affiliated or designated BeachCar™ provider as the rental provider, the transaction is a direct rental.
The Driver receives a temporary contractual right to possess and operate the vehicle during the authorized Rental Period. No ownership interest is transferred.
The Driver must return the vehicle according to the Reservation Agreement.
BeachCar™ may impose eligibility, deposit, mileage, insurance, geographic, age, or other requirements applicable to Direct Rental Vehicles.
11. FLORIDA PEER TO PEER CAR SHARING
When an eligible private vehicle is made available by a Host to a Driver through BeachCar™ for financial consideration, the transaction may constitute peer to peer car sharing under section 627.7483, Florida Statutes.
For qualifying Florida transactions, BeachCar™ will administer the transaction consistent with applicable requirements governing peer to peer car sharing programs.
The applicable Peer to Peer Car Sharing Program Agreement will identify material terms governing the Host, Driver, vehicle, Car Sharing Period, pricing, insurance, and transaction.
12. CAR SHARING PERIOD
For a qualifying Florida peer to peer transaction, the Car Sharing Period begins and ends in accordance with applicable Florida law and the applicable Reservation Agreement.
BeachCar™ will maintain electronic transaction records designed to establish relevant times associated with the Reservation.
An unauthorized continuation of vehicle use after the lawful Car Sharing Period terminates may not receive the same insurance treatment as authorized use during the Car Sharing Period.
Drivers must therefore return vehicles in accordance with the Reservation Agreement.
13. HOST AUTHORITY
Each Host represents and warrants that the Host:
Is the registered owner of the Host Vehicle or has legal authorization from the registered owner;
Has authority to make the vehicle available through BeachCar™;
Has provided accurate vehicle information;
Will comply with applicable insurance requirements;
Will comply with safety requirements;
Will comply with recall requirements; and
Will disclose material information affecting the legality or safety of the vehicle.
14. LIEN AND FINANCING NOTICE
A Host Vehicle subject to a lease, lien, loan, financing agreement, or other contractual restriction may be subject to restrictions against commercial rental or peer to peer sharing.
Florida law requires notification concerning the possible implications of a lien on a shared vehicle.
Accordingly:
IF YOUR VEHICLE IS SUBJECT TO A LIEN, LOAN, LEASE, OR FINANCING AGREEMENT, MAKING THE VEHICLE AVAILABLE THROUGH BEACHCAR™ MAY VIOLATE YOUR AGREEMENT WITH THE LIENHOLDER, LENDER, OR LESSOR, INCLUDING WHERE PHYSICAL DAMAGE COVERAGE IS NOT AVAILABLE OR IS INSUFFICIENT.
Each Host is responsible for determining whether participation is permitted by applicable financing, lease, insurance, or other contracts.
15. HOST VEHICLE REQUIREMENTS
A Host Vehicle must be:
Properly registered;
Legally authorized for road use;
Mechanically safe;
Roadworthy;
Properly maintained;
Accurately represented;
Free of conditions making operation unreasonably dangerous; and
Eligible for sharing under applicable law.
BeachCar™ may establish vehicle age, mileage, value, inspection, maintenance, title, condition, or other eligibility standards.
16. FLORIDA SAFETY RECALL REQUIREMENTS
Before a Florida Host Vehicle is first made available for peer-to-peer sharing, BeachCar™ may verify whether the vehicle has an unrepaired safety recall as required by Florida law.
A Host who receives actual notice of a safety recall must comply with applicable Florida requirements.
A vehicle with an applicable unrepaired safety recall may be suspended from BeachCar™ until the repair is completed.
If a Host receives notice of a recall while the vehicle is already in a Driver’s possession, the Host must promptly notify BeachCar™.
BeachCar™ may contact the Driver and take appropriate measures concerning the vehicle.
17. INSURANCE FOR FLORIDA PEER TO PEER TRANSACTIONS
Florida law imposes specific insurance requirements upon qualifying peer to peer car sharing transactions.
BeachCar™ will establish or require insurance arrangements intended to satisfy applicable Florida requirements during the Car Sharing Period.
Applicable coverage may be maintained by:
The Host;
The Driver;
BeachCar™; or
a combination of these parties.
The applicable Reservation Agreement or insurance disclosure will describe the coverage associated with the transaction.
For qualifying Florida peer to peer transactions, insurance satisfying the statutory requirements is intended to operate as primary coverage during the applicable Car Sharing Period as required by Florida law.
18. IMPORTANT PERSONAL INSURANCE DISCLOSURE
A Host’s personal automobile insurance policy may exclude coverage when a vehicle is made available for rent, sharing, hire, or business use.
A Driver’s personal automobile insurance may also exclude or limit coverage applicable to a BeachCar™ transaction.
Users must not assume that their personal automobile insurance provides coverage.
The existence, priority, exclusions, deductibles, limits, and conditions of insurance will be governed by the applicable insurance policies, Reservation Agreement, and Florida law.
19. BEACHCAR™ INSURANCE RESPONSIBILITIES
For Florida peer to peer transactions, BeachCar™ will satisfy those insurance responsibilities imposed directly upon a peer-to-peer car sharing program by applicable law.
Where coverage maintained by a Host or Driver has lapsed or does not provide coverage required by Florida law, BeachCar™ will administer applicable program coverage in accordance with the requirements of Florida law and the applicable insurance policy.
Nothing in these Terms reduces a statutory insurance responsibility imposed directly upon BeachCar™.
20. FLORIDA CONSUMER INSURANCE DISCLOSURES
A qualifying Florida Peer to Peer Car Sharing Program Agreement will provide disclosures required by applicable Florida law, including, where applicable:
BeachCar’s rights to seek indemnification for economic loss arising from contractual breach;
The potential limitations of the Host’s or Driver’s personal automobile insurance;
The period during which BeachCar™ related insurance coverage applies;
Applicable daily rates;
Insurance or protection package charges;
An emergency or roadside assistance telephone number; and
Any requirement that a Driver maintain specified personal automobile insurance.
21. APPROVED DRIVERS ONLY
Only an Approved Driver may operate a vehicle.
Drivers may not permit unauthorized individuals to operate a BeachCar™ or Host Vehicle.
The primary Driver remains responsible for compliance with the Reservation Agreement.
Unauthorized operation may affect insurance or protection coverage and may result in financial liability to the extent permitted by law.
22. VEHICLE USE
A vehicle may be used only for lawful transportation authorized by the Reservation Agreement.
Unless specifically authorized, prohibited uses include:
Racing;
Speed testing;
Competitive driving;
Off road use;
Towing;
Pushing another vehicle;
Criminal activity;
Unauthorized commercial passenger transportation;
Unauthorized delivery activity;
Unauthorized subleasing or subrenting;
Transporting hazardous materials;
Driving while impaired;
Intentional abuse;
Operation by unauthorized Drivers; and
Other prohibited conduct identified by BeachCar™.
Drivers must comply with Florida traffic, parking, toll, seat belt, child restraint, airport, and roadway laws.
23. PICKUP AND RETURN
Drivers must comply with the pickup and return procedures established for the Reservation.
The vehicle must be returned:
At the required time;
To the required location;
In accordance with the Reservation Agreement; and
In substantially the required condition.
Any alternate return location for a Florida peer to peer transaction should be communicated through BeachCar™ and incorporated into the transaction record where required.
24. OVERDUE VEHICLES
A vehicle remaining in a Driver’s possession following expiration of the authorized period may be considered overdue.
BeachCar™ may perform the following steps:
Attempt to contact the Driver;
Charge authorized additional amounts;
Notify the Host;
Use authorized vehicle location technologies;
Initiate roadside or recovery procedures;
Suspend the Driver account; and
Take other lawful action.
Nothing in these Terms authorizes BeachCar™ or a Host to engage in unlawful repossession, breach of peace, or other prohibited conduct.
25. VEHICLE CONDITION
Drivers should inspect the vehicle at pickup and document preexisting damage.
BeachCar™ may require photographs or video showing:
Exterior condition;
Interior condition;
Odometer;
Fuel level;
Battery level;
Tires;
Windshield;
Vehicle accessories; and
Other vehicle characteristics.
Drivers and Hosts may not knowingly submit false, altered, misleading, or fraudulent condition evidence.
26. ACCIDENTS, DAMAGE, AND THEFT
A Driver involved in an accident or vehicle damage event must first take reasonable actions necessary to protect human life and safety.
Where appropriate, the Driver should contact emergency services or law enforcement.
The Driver must promptly report material accidents, theft, vandalism, or damage to BeachCar™.
Users must reasonably cooperate with:
BeachCar™;
Insurers;
Claims administrators;
Law enforcement;
Repair facilities;
Hosts;
Vehicle owners; and
Other authorized parties.
27. FINANCIAL RESPONSIBILITY
Subject to applicable Florida law, insurance, protection terms, and the Reservation Agreement, Drivers may be financially responsible for amounts resulting from their Reservation.
These responsibilities may include:
Physical damage;
Theft;
Towing;
Storage;
Recovery;
Cleaning;
Smoke remediation;
Missing equipment;
Replacement keys;
Fuel;
Charging;
Mileage;
Tolls;
Parking charges;
Citations;
Late return charges;
Loss of use where recoverable;
Diminished value where recoverable; and
Other authorized losses.
No provision expands a Driver’s liability beyond what applicable law permits.
28. BEACHCAR™ EQUIPMENT AND GPS DEVICES
BeachCar™ may install or provide GPS, telematics, access, security, recovery, diagnostic, or other equipment to facilitate a peer-to-peer transaction.
For Florida peer to peer transactions, BeachCar™ accepts responsibility for program equipment placed in or on a Host Vehicle to the extent required by Florida law.
BeachCar™ may seek indemnification from a Driver for damage to or loss of such equipment occurring during the applicable Car Sharing Period where permitted by law.
29. HOST TRACKING AND SURVEILLANCE
Host Vehicles may contain manufacturer installed connected vehicle technology or disclosed tracking technology.
Hosts must comply with applicable law and BeachCar™ policies regarding such technology.
Hosts may NOT use:
Hidden audio recording;
Covert interior surveillance;
Undisclosed tracking devices; or
Other monitoring technology for the purpose of unlawfully surveilling a Driver.
BeachCar™ may establish additional restrictions concerning cameras, microphones, GPS devices, AirTags, connected vehicle applications, and similar technologies.
30. RECORDKEEPING
BeachCar™ will maintain transaction records required by applicable law.
For qualifying Florida peer to peer transactions, records may include:
Vehicle use times;
Car Sharing Period;
Pickup location;
Drop off location;
Driver information;
Driver license information;
Host revenue;
Reservation information; and
Other records required by law.
BeachCar™ will retain legally required peer to peer transaction records for at least the period required by applicable Florida law.
BeachCar™ may provide legally required records to a Host, Host insurer, Driver insurer, government authority, claims administrator, or other party when authorized or required by law.
31. FLORIDA TAXES
Florida imposes sales and use tax requirements on qualifying vehicle rental and peer to peer car sharing transactions.
BeachCar™ may calculate, collect, report, and remit applicable Florida state and local taxes associated with a Reservation.
For qualifying peer to peer transactions, BeachCar™ will collect and remit applicable taxes when Florida law places that responsibility on the peer-to-peer car sharing program.
Taxes may be added to the amounts otherwise charged for the Reservation.
32. FLORIDA RENTAL CAR AND CAR SHARING SURCHARGES
Florida law imposes separate surcharges upon certain vehicle transactions.
At the time of this version of these Terms, Florida law generally imposes:
A $2 per day or part of a day surcharge on qualifying traditional rental car company transactions, generally for the first 30 days; and
A $1 per day, part of a day, or qualifying usage surcharge on qualifying peer to peer car sharing agreements involving Florida registered shared vehicles, generally for the first 30 days.
BeachCar™ may collect and remit these or successor surcharges as required by Florida law.
Applicable governmental surcharges will be shown or incorporated into the Reservation price or transaction documents as required by law.
BeachCar™ may adjust the amount collected if Florida law changes.
33. TOLLS
Florida contains numerous cashless and electronically tolled roadways.
Drivers are responsible for toll charges attributable to their Trip unless the Reservation expressly provides otherwise.
BeachCar™ may use toll records, vehicle identifiers, transponders, license plate tolling systems, or third party toll processors to identify charges associated with a Reservation.
Drivers authorize BeachCar™ to charge applicable tolls and disclosed processing or administrative charges.
34. PARKING, CITATIONS, AND TRAFFIC VIOLATIONS
Drivers are responsible for parking charges, traffic citations, red light camera charges, toll violations, towing charges, impoundment charges, and similar costs arising from their conduct during a Reservation to the extent permitted by law.
BeachCar™ or the Host may provide Driver or Reservation information to governmental authorities or other legally authorized parties for purposes of identifying the responsible Driver.
35. FEES
BeachCar™ may charge:
Rental charges;
Sharing charges;
Booking fees;
Marketplace fees;
Host fees;
Driver fees;
Delivery charges;
Mileage charges;
Protection charges;
Deposits;
Taxes;
Florida surcharges;
Toll charges;
Late fees;
Cancellation charges;
Cleaning charges;
Damage charges;
Recovery charges; and
Other disclosed charges.
Applicable fees will be presented during booking, identified in the Reservation Agreement, or incorporated through an applicable fee schedule.
36. PAYMENT AUTHORIZATION
By providing a payment method, you authorize BeachCar™ and its authorized payment processors to charge amounts lawfully due under your Reservation.
This authorization includes qualifying post Reservation charges such as:
Tolls;
Parking;
Citations;
Fuel;
Charging;
Mileage;
Extensions;
Late returns;
Cleaning;
Damage;
Missing equipment; and
Other amounts authorized under the applicable agreement.
A payment dispute or chargeback does not eliminate an otherwise valid debt.
37. HOST PAYOUTS
Hosts authorize BeachCar™ to collect payments associated with Host Reservations.
BeachCar™ may deduct:
Platform fees;
Taxes;
Refunds;
Chargebacks;
Adjustments;
Claims;
Reserves;
Other amounts authorized by the Host Agreement; and
Amounts required by law.
The remaining Host earnings will be processed according to BeachCar™ payout policies.
38. CANCELLATIONS
Reservations are subject to the applicable BeachCar™ Cancellation and Refund Policy and transaction specific cancellation terms.
Host cancellations may result in account consequences where the cancellation is avoidable, deceptive, discriminatory, abusive, or otherwise violates BeachCar™ standards.
BeachCar™ may waive consequences for mechanical failures, accidents, recalls, emergencies, weather events, safety concerns, or other approved circumstances.
39. NONDISCRIMINATION
Hosts and Drivers must comply with applicable federal, Florida, and local nondiscrimination laws.
BeachCar™ may suspend or terminate Users engaging in unlawful discrimination.
40. OFF PLATFORM TRANSACTIONS
Users may not intentionally use BeachCar™ to identify a Driver or Host and then circumvent BeachCar™ to avoid:
Platform fees;
Payment protections;
Identity verification;
Insurance requirements;
Taxes;
Government surcharges;
Safety requirements; or
Transaction recordkeeping.
Attempts to circumvent the Platform may result in account suspension or termination.
41. HOST STATUS
Hosts are independent vehicle providers.
Hosts are not employees of ELD Enterprises LLC or BeachCar™ merely because they list vehicles on BeachCar™.
Except for limited authorities expressly created through the Host Agreement or required by law, the Host relationship does not create:
Employment;
Partnership;
Joint venture;
Franchise;
General agency; or
Fiduciary relationships.
42. USER CONTENT
Users may provide:
Vehicle photographs;
Profile information;
Reviews;
Listing descriptions;
Messages;
Damage photographs;
Videos;
Documents; and
Other content.
Users retain ownership of content they create, subject to the licenses necessary for BeachCar™ to operate the Platform.
By submitting content, the User grants BeachCar™ and ELD Enterprises LLC a worldwide, nonexclusive, transferable, sublicensable, royalty free license to host, reproduce, process, display, distribute, adapt, analyze, and otherwise use the content for legitimate BeachCar™ operations.
43. DATA, ANALYTICS, AND COMMERCIAL DATA RIGHTS
BeachCar™ generates substantial information through operation of its rental and peer to peer sharing businesses.
This information may include:
Vehicle utilization;
Rental demand;
Geographic demand;
Rental duration;
Vehicle category performance;
Seasonality;
Pricing trends;
Search activity;
Conversion activity;
Cancellation patterns;
Host performance;
Market demand;
Claims patterns;
Trip statistics;
Fleet utilization;
Vehicle availability;
Platform performance; and
Other operational information.
Personal Information
Personal Information is governed by the BeachCar™ Privacy Policy and applicable law.
BeachCar™ does not treat a User’s personally identifiable information merely as a commercial asset available for unrestricted sale.
Aggregated Data
BeachCar™ may combine information concerning multiple Users, vehicles, Reservations, geographic markets, or transactions to create Aggregated Data that does not reasonably identify an individual.
BeachCar™ may use, publish, disclose, distribute, license, commercialize, or sell Aggregated Data for lawful purposes.
Deidentified Data
BeachCar™ may transform information into a form that cannot reasonably be associated with or linked to a particular identifiable person or household.
BeachCar™ may use, analyze, publish, license, commercialize, distribute, or sell Deidentified Data for lawful purposes, including:
Market analytics;
Mobility analytics;
Vehicle utilization analytics;
Demand forecasting;
Fleet planning;
Pricing analysis;
Advertising analytics;
Tourism research;
Geographic market analysis;
Host benchmarking;
Vehicle performance research;
Product development; and
Business intelligence.
BeachCar™ will maintain reasonable safeguards designed to preserve the deidentified status of such information.
BeachCar™ may contractually prohibit recipients from attempting to reidentify individuals represented within Deidentified Data.
Tokenized and Pseudonymized Information
BeachCar™ may use tokenization, hashing, encryption, pseudonymous identifiers, and similar technologies.
Tokenization or pseudonymization alone does not automatically convert Personal Information into Deidentified Data.
Information will remain subject to applicable privacy protections when BeachCar™ or another party can reasonably associate the information with an identifiable person, household, account, or device.
Only data meeting BeachCar’s applicable deidentification standard may be treated as commercial Deidentified Data under this section.
Derived Analytics
To the extent permitted by law, ELD Enterprises LLC owns BeachCar™ generated:
Models;
Algorithms;
Benchmarks;
Scores;
Indexes;
Forecasts;
Statistical outputs;
Reports;
Market intelligence;
Trends;
Insights; and
Other analytical products developed from BeachCar™ operations.
Nothing in this section transfers ownership of a User’s Personal Information to BeachCar™.
44. PRIVACY
BeachCar™’s collection, processing, use, disclosure, retention, and protection of Personal Information are governed by the BeachCar™ Privacy Policy.
Where applicable law provides privacy rights concerning particular information or processing practices, BeachCar™ will provide the required rights or mechanisms.
45. PLATFORM INTELLECTUAL PROPERTY
ELD Enterprises LLC owns or licenses the intellectual property associated with BeachCar™.
This may include:
BeachCar™ trademarks;
Brand assets;
Software;
Databases;
Platform design;
Algorithms;
Analytics systems;
Reservation technology;
Content;
Graphics;
Business processes; and
Proprietary materials.
Use of BeachCar™ does not transfer these rights to Users.
46. ACCOUNT SUSPENSION AND TERMINATION
BeachCar™ may suspend, restrict, or terminate an account for reasons including:
Safety concerns;
Fraud;
False information;
Payment failure;
Unlawful activity;
Vehicle misuse;
Unauthorized drivers;
Insurance problems;
License problems;
Repeated policy violations;
Host vehicle safety issues;
Platform circumvention;
Harassment;
Security threats; or
Material breach of these Terms.
Termination does not eliminate financial or legal obligations arising before termination.
47. SERVICE AVAILABILITY
BeachCar™ does not guarantee the availability of:
Any particular vehicle;
Any Host;
Any geographic market;
Any vehicle category;
Or uninterrupted Platform operation.
Reservations may be affected by:
Vehicle damage;
Mechanical problems;
Safety recalls;
Weather;
Hurricanes;
Flooding;
Government orders;
Technology failures;
Insurance limitations;
Host cancellations; and
Other circumstances.
48. HURRICANES AND SEVERE WEATHER
Because BeachCar™ principally operates in Florida, Reservations may be materially affected by hurricanes, tropical storms, flooding, mandatory evacuation orders, road closures, or other severe weather conditions.
BeachCar™ may cancel, terminate, extend, relocate, or otherwise modify a Reservation where reasonably necessary for safety, vehicle protection, legal compliance, or emergency response.
Drivers must comply with lawful evacuation orders and emergency restrictions.
BeachCar™ may establish separate emergency procedures concerning vehicle return, relocation, fuel, charging, and communication during declared emergencies.
49. NO GUARANTEE OF HOST INCOME
BeachCar™ does not guarantee Host earnings, utilization, occupancy, vehicle value, profitability, or return on investment.
Market data, projections, calculators, estimated earnings, or demand indicators are informational unless expressly guaranteed in writing.
Hosts remain responsible for evaluating vehicle depreciation, financing, maintenance, insurance, taxation, and other economic considerations.
50. DISCLAIMER OF WARRANTIES
To the maximum extent permitted by law, the Platform is provided on an “as available” basis.
BeachCar™ does not guarantee uninterrupted or error free operation.
Nothing in these Terms eliminates warranties or rights that Florida or federal law prohibits BeachCar™ from waiving.
51. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, ELD Enterprises LLC and BeachCar™ will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising solely from use of the Platform.
Nothing in this provision limits liability that cannot lawfully be limited.
Nothing in these Terms limits a liability imposed directly upon BeachCar™ as a Florida peer to peer car sharing program where applicable law prohibits such limitation.
52. INDEMNIFICATION
To the extent permitted by law, Users agree to defend, indemnify, and hold harmless ELD Enterprises LLC, BeachCar™, their affiliates, officers, employees, agents, and authorized service providers from qualifying third party claims arising from the User’s:
Material breach;
Fraud;
Unlawful conduct;
Unauthorized vehicle use;
Intentional misconduct;
Violation of another person’s rights; or
Materially false representations.
A Host may also be responsible for losses resulting from material misrepresentations concerning:
Vehicle ownership;
Authority;
Safety;
Recall status;
Insurance;
Maintenance; or
Vehicle condition.
A Driver may also be responsible for losses arising from unauthorized drivers or prohibited vehicle use.
No User is required to indemnify BeachCar™ for liability that applicable law prohibits BeachCar™ from transferring.
53. FLORIDA LIABILITY REQUIREMENTS
Florida peer to peer car sharing law establishes specific rules concerning responsibility and insurance during a qualifying Car Sharing Period.
These Terms do not eliminate or reduce any liability that Florida law expressly imposes upon BeachCar™.
BeachCar™ retains the contractual right, where permitted by Florida law, to seek indemnification from a Host or Driver for economic losses resulting from breach of the applicable Peer to Peer Car Sharing Program Agreement.
54. INFORMAL DISPUTE RESOLUTION
Before initiating arbitration or litigation, a User and BeachCar™ agree to attempt in good faith to resolve the dispute informally where legally permissible.
A written notice should identify:
The User;
The relevant Reservation;
The nature of the dispute;
Material facts; and
Requested relief.
Notices must be sent to:
BeachCar™ Legal Department ELD Enterprises LLC 32 11th Street Shalimar, FL 32579 Email: legal@beachcar.com
The parties will ordinarily have 30 days following receipt of a complete dispute notice to attempt resolution.
55. AGREEMENT TO ARBITRATE
PLEASE READ THIS PROVISION CAREFULLY.
Except where prohibited by applicable law, disputes between a User and ELD Enterprises LLC arising from BeachCar™, these Terms, an account, a Reservation, Host activity, Driver activity, or related BeachCar™ services will be resolved through binding individual arbitration.
The Federal Arbitration Act governs this arbitration agreement to the extent applicable.
Unless otherwise agreed, arbitration will be administered by the American Arbitration Association under rules applicable to the dispute.
Eligible individual claims may be brought in small claims court.
Either party may seek legally available emergency or injunctive relief concerning imminent harm, vehicles, intellectual property, fraud, security, or confidential information.
56. CLASS ACTION WAIVER
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND ELD ENTERPRISES LLC AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY.
NEITHER PARTY WILL SEEK TO HAVE A DISPUTE RESOLVED AS A CLASS ACTION, COLLECTIVE ACTION, MASS ACTION, OR REPRESENTATIVE ACTION EXCEPT WHERE APPLICABLE LAW PROHIBITS THE WAIVER.
57. JURY TRIAL WAIVER
For a qualifying dispute litigated in court rather than arbitration, the parties waive trial by jury to the maximum extent permitted by law.
58. ARBITRATION OPT OUT
A new User may opt out of the arbitration agreement by providing written notice within 30 days after first accepting these Terms.
The notice must identify:
The User’s name;
BeachCar™ account email;
Mailing address; and
An unequivocal statement that the User elects to opt out of arbitration.
Opt out notices must be sent to:
59. GOVERNING LAW
Except where federal law or mandatory law provides otherwise, these Terms are governed by the laws of the State of Florida, without regard to principles concerning conflicts of law.
The Federal Arbitration Act governs the arbitration provisions to the extent applicable.
Mandatory federal, Florida, county, municipal, airport, or other local requirements applicable to a particular transaction remain controlling.
60. VENUE
For any dispute that is not subject to arbitration and is not required by applicable law to be brought elsewhere, the parties consent to the exclusive jurisdiction of the appropriate state or federal courts located in: Okaloosa County, Florida.
This provision does not prevent an eligible party from bringing an individual action in an appropriate small claims court or exercising a venue right that cannot legally be waived.
61. EXPANSION OUTSIDE FLORIDA
BeachCar™ may expand into jurisdictions outside Florida.
A Reservation occurring outside Florida may be subject to additional or different:
Insurance;
Tax;
Car sharing;
Rental;
Consumer protection;
Privacy;
Licensing;
Vehicle; and
Transportation requirements.
BeachCar™ may issue state specific riders or modify transaction documents when entering another jurisdiction.
Unless otherwise stated, these Terms remain the general Platform Terms governing the User’s BeachCar™ account.
62. ELECTRONIC COMMUNICATIONS
Users consent to conducting BeachCar™ transactions electronically.
Electronic signatures, click acceptance, electronic records, account acceptance, text messages, application notifications, and similar electronic processes may be used to document transactions to the extent permitted by law.
63. CHANGES TO THESE TERMS
BeachCar™ may update these Terms to reflect changes in:
Florida law;
Federal law;
Insurance;
Technology;
Platform operations;
Products;
Pricing;
Geographic operations; or
Business practices.
BeachCar™ will update the effective or revision date when these Terms change.
Material changes will receive additional notice where required by law.
64. ASSIGNMENT
Users may not assign their BeachCar™ accounts without written authorization.
ELD Enterprises LLC may assign these Terms in connection with:
Corporate restructuring;
Financing;
Merger;
Acquisition;
Sale;
Reorganization;
Transfer of BeachCar™; or
Transfer to an affiliate or successor, subject to applicable law.
65. SEVERABILITY
If a provision is determined to be unlawful, invalid, or unenforceable, the remaining provisions remain effective to the maximum extent permitted by law.
66. NO WAIVER
Failure by BeachCar™ or ELD Enterprises LLC to enforce a provision does not permanently waive that provision or another right.
67. ENTIRE AGREEMENT
These Terms, together with applicable incorporated agreements and transaction documents, constitute the agreement governing BeachCar™ services.
For a particular transaction, the contractual package may include:
These Terms;
Privacy Policy;
Host Agreement;
Driver Rental Agreement;
Peer to Peer Car Sharing Program Agreement;
Reservation Agreement;
Vehicle Use Policy;
Damage and Claims Policy;
Insurance disclosures;
Telematics Notice;
Cancellation Policy;
Fee Schedule; and
Other incorporated disclosures.
68. CORPORATE CONTACT INFORMATION
BeachCar™ A wholly owned division of ELD Enterprises LLC
32 11th Street
Shalimar, FL 32579
Customer Service: team@beachcar.com
Legal Notices: legal@beachcar.com
Privacy: privacy@beachcar.com
Roadside Assistance: 800-BEACHCAR
Telephone: 850-980-8954
Website: support.beachcar.com