Program Terms and Conditions
Worry-Free Rental Guarantee from RVshare LLC®
Updated: April 23, 2019
When you (“You”) reserve an RV advertised on RVshare LLC (“RVshare,” “We,” “Us,” “Our”) which is expressly accepted by both you and the RV Owner (“Owner”) and book such Reservation through the RVshare LLC checkout (a “Reservation”) You are protected by the Worry-Free Rental Guarantee (the "Program") assuming You meet all other eligibility criteria as listed in these Terms of the Program (along with the RVShare.com Terms of Service, the “Terms”). By booking a Reservation through the RVshare checkout, You agree with, accept and are subject to these Terms and are hereafter referred to as a "Protected Renter".
As detailed and defined below, the Program provides up to $10,000 per-occurrence protection against the following: (i) Listing Fraud; (ii) Wrongful Denial of Rental; (iii) Unauthorized Withholding of Funds, and (iv) Material Misrepresentation (the “Protected Incidents”).
1. General Program Guidelines.
You qualify for the Program if you do all of the following:
- Book an RV advertised on www.rvshare.com; (the “Site”);
- Book through the Site’s checkout; and
- Pay for the Reservation using an acceptable method of payment as further described below.
You will receive the protections afforded under the Program if all of the following occur:
- You incur a loss of funds paid to or deposited with the Owner due to a Protected Incident (a “Loss”);
- You notify RVshare of your Loss within the required time periods set forth below;
- You are denied reimbursement for your Loss from the Owner, and your bank, payment provider or credit card issuer (as applicable); and
- You submit a completed Program Reimbursement Request (the “"Reimbursement Request Form") within the required time periods set forth below.
2. Protections Provided.
Subject to the restrictions and limitations set forth in these Terms, the Program offers the following protections for Protected Renter who suffers a loss due to a Protected Incident. Note that the particular protection (or combination thereof) offered to a Protected Renter is subject to the type of Protected Incident, the amount of Loss, the ability to mitigate such Loss, and Our reasonable discretion:
- Arrangement of another RV. If a Protected Renter is without a place to stay due to a Protected Incident, We may arrange an alternative RV, where available, for up to seven (7) nights.
- Rebook another RV. If a Protected Renter’s Reservation is wrongfully cancelled, We may offer to rebook the Protected Renter with another RV advertised on the Site under a new reservation, if a substantially similar RV is available for the same period of time.
- Loss Reimbursement. If a Protected Renter suffers a Loss that in Our judgment can only be remedied by a monetary reimbursement, We may reimburse the Protected Renter up to the amount of the Loss but not more than USD $10,000 per occurrence subject to the below process requirements.
3. Protected Incidents.
The following are incidents that a Protected Renter is protected against:
(a) "Listing Fraud" is defined as a deposit or payment by a Protected Renter for an RV rental that is listed on the Site where: (i) such deposit or payment is determined by RVshare to have been made to a person who is not the Owner and who has compromised or taken over the Owner’s email or RVshare account and has posed as the Owner to the Protected Renter to induce payment, or (ii) such listing is subsequently determined to be fraudulent; all of which are determinations to be made in Our reasonable and sole discretion.
(b) "Wrongful Denial of Rental" means that a Protected Renter has made a deposit (if required) and/or full payment (if required) to an Owner for an RV that is listed on a Site but (i) the Protected Renter is wrongfully denied access to the RV at the start of or during the rental term as the result of the intentional and/or wrongful act of the Owner..
(c) “Unauthorized Withholding of Funds” means a Protected Renter has made a deposit or payment for an RV rental that is listed on the Site but (i) the Owner fails or refuses to return the payment when a refund is due in accordance with the terms of the rental agreement after the Protected Renter properly cancels the Reservation, or (ii) the Owner fails to refund a deposit and the Protected Renter wishes to dispute the treatment of the deposit and submit it to RVshare for mediation.
(d) "Material Misrepresentation" means that (i) a Protected Renter has made a deposit (if required) or full payment to an Owner for an RV that is listed on the Site, (ii) within twelve (12) hours of first entering the subject RV on the first day of the rental term, the Protected Renter leaves the RV and refuses to occupy the RV due to the Material Non-Compliance (as defined below) of the RV as compared to the listing description; (iii) the Protected Renter’s deposit and/or payment is not refunded or is wrongfully withheld by the Owner, and (iv) the existence of the Material Non-Compliance of the RV is subsequently confirmed by Us based on photographic evidence.
I. "Material Non-Compliance" is defined as (i) Material defects in the subject RV that are not disclosed in the listing and are of such an extent and duration that the rental under normal usage conditions is impossible, as noted and documented by a Protected Renter and/or (ii) the material failure or complete absence of goods or services or facilities that are part of the subject RV that were described in the listing and that constituted an actual and material inducement to the Protected Renter’s rental of the subject RV, as noted and documented by a Protected Renter. For the avoidance of doubt, and in addition to the general restrictions and limitations described elsewhere in these Terms, the term "Material Non-Compliance" DOES NOT INCLUDE a Protected Renters refusal to take possession of a leased RV arising from or on the grounds of the cleanliness of the RV and minor or immaterial defects of the subject RV in relation to the description in the listing.
4. Illustrative Examples of Losses Not Protected.
The following are illustrative examples of losses that the Program DOES NOT protect against, as determined by RVShare in its reasonable and sole judgment:
- ANY DAMAGES OTHER THAN AMOUNTS ACTUALLY PAID TO OR DEPOSITED WITH THE OWNER, INCLUDING ANY INDIRECT LOSSES, CAMPSITE EXPENSES, FOOD, LOSS OF OPPORTUNITY, LOSS OF CUSTOM FEES, OTHER CONTRACTUAL PENALTIES, AIRFARE, TRANSPORTATION COSTS AND/OR ANY OTHER COST OR EXPENSE.
- ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THE SITE, OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE SITE.
- Payments made to an Owner for a Reservation that is not booked through the Site.
- Any deposits or payments for an RV that are not refunded or returned because the Protected Renter does not comply with the Owner’s policies, is in breach of the rental agreement, or as otherwise allowed or permitted in the rental agreement.
- Payments or deposits made to any Owner using an unacceptable method of payment such as, but not limited to cash or check made out to cash or in Our reasonable and sole judgment are suspicious and/or fraudulent.
- Any loss of any kind where We believe the Protected Renter and the Owner are acting in concert, or independently, to abuse the Program.
- Any loss of funds that is caused by or results from events of force majeure that are considered outside the control of the Owner, such as weather events, natural disasters or construction.
- Any loss of funds over USD $10,000.
- Any loss of funds not involving a Protected Incident or a Protected Renter.
5. Process Requirements.
In order to obtain any reimbursement for a Loss under the Program, a Protected Renter must comply with the requirements set forth below. Failure to follow these requirements, or the taking of any action that impairs RVshare’s ability and/or right to mitigate the Loss, or the making by any Protected Renter of any false or misleading statement(s) with respect to any request for reimbursement hereunder, may void the Protected Renter’s eligibility for reimbursement under the Program.
(a) Proof of Unreimbursed Losses. Upon request by Us, a Protected Renter must provide Us with written proof that the Protected Renter’s funds have not been (and will not be) recovered from, or reimbursed by, the bank(s), payment provider, or credit card issuer (as applicable). To mitigate the Loss, a Protected Renter is required to accept any settlement or partial payment from the bank(s), payment provider, or credit card issuer (as applicable), but may still be eligible for additional reimbursement under the Program up to the total Loss amount.
(b) Proof of Identity. A Protected Renter must provide written proof of his or her identity (e.g., copy of passport, driver's license, utility bills, credit card information, etc.) as We may request in Our sole discretion. As We may be making a monetary reimbursement payment, We may request one or more forms of proof of identity. A determination with respect to the valid existence of such proof shall be made in Our sole and reasonable discretion.
(c) Proof of Reservation. Upon request, a Protected Renter must provide a copy (electronic or in print) of the Reservation ID or verification provided by the Site when the Protected Renter booked the listed RV. In addition, We must also be able to verify the Reservation via evidence of such Reservation in the Site transaction records.
(d) Proof of Reservation Acceptance. Upon request, a Protected Renter must prove that the Owner accepted the Reservation and that the Renter paid for the Reservation. Proof of acceptance may require You to provide documentation of email, telephone, written or other communications with the Owner regarding the Reservation.
(e) Proof of Payment. Upon request, a Protected Renter must provide written documentation of all payments and refunds (partial, full and/or deposit) made to the Owner. Acceptable methods of payment are limited to payments available at check out (payment by Visa, MasterCard, American Express, Discover cards).
(f) Notify Us. The Protected Renter must notify RVshare LLC within thirty (30) business days of the first event giving rise to a Protected Renter’s request for reimbursement under the Program by email to customer support;
(g) File a Reimbursement Request. The Protected Renter must complete, sign and submit the Reimbursement Request with all requested documentation to Us within six (6) months of the first day of the Reservation. If a completed Reimbursement Request is not submitted within that time period it shall be deemed denied. The as-submitted Reimbursement Request must contain the Protected Renter’s agreement that (i) any payment available to such Protected Renter under the Program shall be payable only to the extent that the proceeds of any coverage or recovery provided by any insurance policy or any other source of recovery held or collectible by a Protected Renter is insufficient to wholly reimburse the Protected Renter for lost or misappropriated payments made to the Owner; (ii) We assume all of Your rights against the Owner and any third parties related to the Loss covered by any reimbursement, and may pursue such rights directly or on Your behalf in Our sole discretion; (iii) If We issue a reimbursement to You under the Program and you later receive compensation towards your Loss from the Owner or an insurance policy or another source of recovery, you will pay Us back up to the reimbursement amount; and (iv) You agree to execute a general Settlement and Release Agreement thereby releasing Us, Our subsidiaries and affiliates from any and all claims You may have arising prior to the date of any payment made under the Program. We will complete the processing of each request for reimbursement under the Program within a reasonable time period after receipt of all requested documentation. As noted above, it is recommended that Protected Renters seeking reimbursement do not discard any documentation related to the reimbursement request until the matter is resolved.
6. Help us help you.
If a Protected Renter requests reimbursement under the Program, he or she agrees to provide to Us, on a timely basis, any documentation requested to support such request. The Protected Renter also agrees to fully cooperate with Us in all aspects of the reimbursement process. We may deny reimbursement to any Protected Renter who does not respond to inquiries regarding an alleged Loss within the timeframe specified in these Terms.
7. Entire Agreement; Contact Information
These Terms constitute the entire agreement between RVshare LLC and each Protected Renter with respect to the Program. Except as may be modified by these Terms, each Protected Renter acknowledges and agrees that it is bound by the existing Terms and Conditions of Use of the RVshare LLC Sites, including, but not limited to, its provision concerning dispute resolution and arbitration. In the event of any conflict between these Program Terms and Conditions and the Rvshare.com Terms of Service, these Program Terms and Conditions will govern. If you have any questions regarding the Program or these Terms, please contact us by email at [email protected] or calling 888-482-0234.