Insured Vehicle Rental Agreement Terms and Conditions
VEHICLE RENTAL AGREEMENT TERMS AND CONDITIONS
(“Terms & Conditions”)
“Agreement” means all terms and conditions found in these Terms & Conditions, the Face Page, any addenda and any additional materials provided by RVshare that you sign at the time of rental. “You” or “your” means the person identified as the renter in this Agreement, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or the renter’s direction. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement. “We”, “our” or “us” means the Vehicle owner identified on the Face Page. “Authorized Driver” means the renter; the renter’s spouse; each additional driver listed by us in this Agreement; and if the renter is a business entity, all authorized employees of the renter, provided that each such person has a valid driver’s license and is at least age 25. “Vehicle” means the recreational vehicle identified on the Face Page and each vehicle we substitute for it, all the Vehicle’s equipment, accessories, awnings, keys and Vehicle documents. “Charges” means the fees and charges that are incurred under this Agreement. “Rental Period” means the period between the time you take possession of the Vehicle until the Vehicle is either returned to or recovered by us and checked in by us. “Vehicle License Fee,” “Vehicle Licensing,” “Vehicle License Prop Tax,” “Vehicle License Cost Recovery Fee,” or “Motor Vehicle Tax” means a vehicle license cost recovery fee based on our estimated average per day per vehicle portion of our total annual vehicle licensing, titling, and registration costs or as otherwise defined under applicable law.
2. Rental, Indemnity and Warranties.
This is a contract for the rental of the Vehicle. We may repossess the Vehicle at your expense without notice to you if the Vehicle is abandoned or used in violation of law or this Agreement. You agree to indemnify us and RVshare, defend us RVshare, and hold us and RVshare harmless from all claims, liability, costs and attorneys’ fees we incur resulting from, or arising out of: this rental, your use of the Vehicle, our repossession of it, or any unsafe fueling practices by you. We make no warranties, express, implied or apparent, regarding the Vehicle or Optional Equipment, no warranty of merchantability and no warranty that the Vehicle or Optional Equipment is fit for a particular purpose.
3. Condition and Return of Vehicle.
You must return the Vehicle to the place of pick up or other location that we specify, on the Date and Time Due-In specified on the Face Page, and in the same condition that you received it except for ordinary wear. You must empty waste tanks. If you wish to extend the Rental Period, you must do by booking a rental extension through the RVshare platform. If the Vehicle is returned after the Date and Time Due-In, you remain responsible for the loss of and any damage to the Vehicle until we inspect it, and Charges may continue to accrue. Service to the Vehicle or replacement of parts or accessories during the Rental Period must have our prior written approval. You must check and maintain all fluid levels, and return the Vehicle with at least the same amount of fuel as when received.
4. Responsibility for Damage or Loss; Reporting to Police.
You are responsible for all damage to or loss or theft of the Vehicle, including damage caused by weather, acts of god or terrain conditions. Your responsibility will include: (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle, less salvage; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair; (b) an administrative fee, calculated based on the damage repair estimate as follows, which you agree is reasonable: $0-$250 damage=$50 fee; $251-$500 damage=$75 fee; $501-750 damage=$100 fee; $751-1500 damage=$150 fee; $1501-2500 damage=$200 fee; over $2500 damage=$250 fee; (c) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (d) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. You must report all accidents or incidents of theft and vandalism to us and the police as soon as you discover them.
5. Prohibited Uses.
The following acts or uses of the Vehicle are prohibited and constitute material breaches of this Agreement: (a) the Vehicle may not be used: (i) by anyone who is not an Authorized Driver, or by anyone whose driver’s license is suspended in any jurisdiction; (ii) by anyone under the influence of drugs or alcohol; (iii) by anyone who obtained the Vehicle or extended the rental period by giving us false, fraudulent or misleading information; (iv) in furtherance of an illegal purpose or under circumstance that would constitute a violation of law other than a minor traffic citation; (v) for commercial purposes without our written consent; (vi) to carry dangerous or hazardous items or illegal materiel; (vii) outside the United States unless otherwise specified elsewhere in this Agreement; (viii) when loaded beyond its capacity, as determined by the manufacturer of the Vehicle; (ix) when driven through or under an underpass or other structure without sufficient overhead or side clearance or when driven on unpaved roads; (x) when it is reasonable to expect you to know that further operation would damage the Vehicle; (xi) in a manner that causes damage to the Vehicle due to inadequately secured cargo; (xii) to push or tow anything; (xiii) to teach anyone to drive; (xiv) in any race, speed test or contest; or (xv) by anyone who is sending or receiving an electronic message, including text (SMS) messages or emails, while operating the Vehicle; (b) Failing to properly load materials and distribute the weight of those materials to allow safe operation of the Vehicle; (c) Failing to summon the police to an accident involving the Vehicle; (d) Damaging the Vehicle by your intentional, wanton, willful or reckless conduct; (e) Transporting an animal (other than a service animal) in the Vehicle without our written consent; (f) Sitting, standing or lying on the roof or exterior of the Vehicle; (g) Transporting children or passengers who are not properly secured by seatbelts or child-safety seats as required by applicable law; (h) Placing signs or lettering on the outside of the Vehicle; (i) Placing loudspeakers or other sound equipment on the exterior of the Vehicle; (j) Failing to use the Vehicle in compliance with all instructions and warnings provided by us; (k) Using any fuel with incorrect octane level as defined by the outside fuel system manufacturer if the Vehicle is equipped with an outside fuel system; and (m) Smoking in the Vehicle without our written consent.
6. Optional Equipment.
We may offer certain Optional Equipment, which may include navigational systems, kitchen or linen packages, and child safety seats, upon request and subject to availability for your use during the rental at an additional charge. All Optional Equipment is rented AS IS and must be returned to us at the end of the rental in the same condition as when rented. If you rent a child safety seat, you must inspect and install the child seat into the Vehicle yourself. If you rent a GPS device, you should review the operational instructions before leaving the rental location.
You are responsible for all damage or loss you cause to the Vehicle and to others. You agree to provide auto liability, collision and comprehensive insurance covering you, us, and the Vehicle. Your insurance coverage will provide at least the minimum limits of coverage required by the financial responsibility laws of the state where the loss occurs. We provide an insurance policy (“Policy”) that provides auto liability coverage for bodily injury and property damage to third parties with limits no higher than the minimum amounts stated in the financial responsibility insurance laws of the state whose laws apply to the loss. Any insurance we are required to provide is excess to any other valid and collectible insurance whether primary, secondary, excess or contingent. The Policy contains exclusions, conditions, and limitations applicable to anyone claiming coverage. The Policy does not cover injury to you. You and we reject PIP, medical payments, no-fault and uninsured and under-insured motorist coverage to the extent permitted by law. To the extent such protection is imposed by operation of law, that protection will be for the minimum limits required by applicable law. Our Policy also provides property damage (“PD”) coverage on the Vehicle. The PD coverage is excess to any other valid and collectible insurance whether primary, secondary, excess or contingent and is subject to a deductible per occurrence (“Deductible”). You are responsible for the Deductible. The PD coverage does not cover Loss of Use or our administrative expenses incurred processing a damage claim. You must: (a) report all damage to us and all accidents to us and the police as soon as you discover them and complete our incident report form; and (b) provide us with a legible copy of any service of process, pleading, or notice of any kind related to an accident or other incident involving the Vehicle. Coverage under the Policy is void if you give the Vehicle to an unauthorized driver or otherwise materially breach this Agreement; or if you fail to cooperate in a loss investigation or to file a timely and accurate incident report.
8. Charges and Costs; Deposit.
You permit us to use RVshare as a payment agent to reserve against your credit/debit card (“Reserve”) or take a cash deposit (“Deposit”). We may use the Reserve or Deposit to pay all Charges. We will authorize the release of any excess Reserve or refund any excess Deposit after the completion of your rental. Your debit/credit card issuer’s rules will apply to your account being credited for the excess, which may not be immediately released by the card issuer, and refund of your Deposit may require up to 21 days to process and return. You agree to pay us through the RVshare platform, or the appropriate government authorities, at or before conclusion of this rental or on demand all Charges, including: (a) base rental rate for the Rental Period; (b) optional products and services you purchased; (c) taxes and surcharges; (d) all expenses we incur in locating and recovering the Vehicle if you fail to return it or if we elect to repossess the Vehicle under the terms of this Agreement; (e) all costs, including pre- and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (f) a reasonable fee not to exceed $500 to clean the Vehicle if returned substantially less clean than when rented; (g) a late fee of $100 if you do not return the Vehicle on the Date and Time Due-In, and you may be charged the standard rates for each day (or partial day) after the due-in date, which may be substantially higher than the rates for the initially agreed rental period if a special or promotional rate applied to the initially agreed rental period; (h) if you do not return the Vehicle to the place of pick up or other location that we specify, $100, plus $1/mile for every mile between the place of pick up and the place where the Vehicle is returned, repossessed, or abandoned; (i) replacement cost of lost or damaged parts and supplies used in Optional Equipment; (j) a dumping fee of $50 if the Vehicle’s waste tanks have not been drained (valves open, caps off) prior to return of the Vehicle; and (k) a refueling fee of $50 plus the cost of fuel if you fail to refill the fuel tank. Time, Mileage and other Charges are non-refundable if the Vehicle is returned earlier than the due-in date. Provisions F through K will apply unless otherwise specified by the owner. Any deposit paid by you may be used to pay for and Charges incurred under this agreement. All Charges are subject to final audit by RVshare. If errors are discovered after the close of this transaction, you authorize us to correct the Charges with the payment card issuer.
9. Your Property.
You release us, our agents and employees from all claims for loss of, or damage to, your personal property or that of any other person, that we received, handled or stored, or that was left or carried in or on the Vehicle or in any service vehicle or at the place of pick up, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.
10. Responsibility for Traffic Violations, and Other Charges.
You are responsible for paying the charging authorities directly all parking citations, photo enforcement fees, fines for toll evasion, and other fines, fees, and penalties (each a “Violation”) assessed against you, us or the Vehicle during the Rental Period. If we are notified by the charging authorities that we may be responsible for payment of a Violation, you will pay us or a processing firm (“Processor”) of our choosing an administrative fee of up to $50 for each such notification. You authorize us to release your rental and payment card information to a Processor for processing and billing purposes. If we or the Processor pay a Toll or Violation, you authorize us or the Processor to charge all such payments, service fees and administrative fees to the payment card you used in connection with this rental.
11. Our Responsibility to You if the Vehicle becomes Inoperable.
If the Vehicle becomes inoperable for more than 24 hours, the liability of both the Vehicle owner and RVshare to you is limited to the daily rental rate times the number of days the Vehicle is inoperable. We are not responsible for the loss of vacation, personal or business time, or any incidental expenses incurred by you as a result of breakdown or any problem(s) with the Vehicle.
12. Personal Information; Telematics Devices; Communications.
You agree that we may disclose personally identifiable information about you to applicable law enforcement agencies or to other third parties in connection with our enforcement of our rights under this Agreement and other legitimate business functions. Questions regarding privacy should be directed to the location where you rented the Vehicle. The Vehicle may be equipped with global positioning satellite (GPS) technology or another telematics system, and/or an event data recorder (EDR). Your use of this Vehicle may be remotely monitored by us or on behalf of us through such systems to the extent permitted by law. This remote monitoring may include collection of Vehicle data, such as: location, odometer, oil life, fuel level, tire pressure, battery state of charge, diagnostic trouble codes, and other elements we may deem necessary. We may disable the Vehicle when we deem necessary, including if you breach this Agreement. You should have no expectation of privacy related to your use of this Vehicle. You agree to inform all drivers and passengers of the Vehicle of the terms of this section, and that you have authorized release of information collected by GPS or other telematics system or EDR. We are not responsible for the operability of any telematics navigational or other system included with the Vehicle. You agree to release us and agree to indemnify, defend and hold us harmless from any damage to persons or property caused by failure of the GPS or other telematics system or EDR to operate properly, or otherwise arising from the use of the GPS or other telematics system or EDR. The Vehicle also may be equipped with devices that permit you to pair your own mobile devices, and which may download your personal contacts, communications, location or other digital data. You should delete all personal information from the Vehicle’s systems before returning it. To service your account or recover amounts you owe, you agree that we or our assignee may contact you by calling or sending text messages or emails to any email address or telephone number you provide us, including wireless telephone numbers, which could result in additional charges to you. You represent that you are either the owner or primary user of the number(s) and email address you provided. Methods of contact may include pre-recorded/artificial voice messages and/or use of an automatic dialing device. You may revoke your consent at any time by contacting us in writing at the address on this Agreement.
No term of this Agreement can be waived or modified. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement. Unless prohibited 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. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. This Agreement will be governed by the substantive law of the jurisdiction where the rental commences, without giving effect to the choice of law rules thereof, and you irrevocably and unconditionally consent and submit to the nonexclusive jurisdiction of the courts located in that jurisdiction.