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“RV Camping Rental”
- Terms of Service-
Last updated: June 20th, 2024
I. General Terms of Service
1. About these Terms of Service
These Terms of Service constitute a legally binding agreement made between you the customer, whether personally or on behalf of an entity (“you”, “customer”, or “End User”) and RV Camping Rental, including its affiliates ("RV Camping Rental", the “Company,” “we”, “us”, or “our”), and when applicable the third-party Rental Platform(RVshare, Outdoorsy, RVnGO, RVezy, RVTrader or any other RV rental third party agency in which our fleet is being listed for rent) concerning your access to and use of the rented recreational vehicle, contracted services, applications and mobile applications (“Mobile App”) when applicable, software services and professional services, as well as any media, information, or content made available therein, therefrom or otherwise related to or connected therewith (collectively, the “Services”, the “Recreational Vehicle”).
YOU AGREE THAT BY SIGNING THE RESERVATION RECEIPT, PROCEEDING TO PAY THE INITIAL PARTIAL PAYMENT OR FULL PAYMENT FOR THE RESERVATION AND/OR THE DAMAGES AND OVERAGES SECURITY REFUNDABLE DEPOSIT, AND ACCESSING THE RENTED RECREATIONAL VEHICLE AND USING THE SERVICES AND INVENTORY PROVIDED WITH YOUR RENTAL, THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THESE TERMS OF SERVICE, INCLUDING RV CAMPING RENTAL’S PRIVACY POLICY (TOGETHER WITH ANY OTHER SPECIFIC AGREEMENTS BETWEEN YOU AND RV CAMPING RENTAL, INCLUDING BUT NOT LIMITED TO ANY THIRD-PARTY RV RENTAL AGREEMENT, OUR “DELIVERY INSPECTION REPORT”, “RELEASE OF LIABILITY”, “PRIVACY POLICY”, AND OTHER AGREEMENTS THAT CUSTOMER AGREED TO WITH OTHER THIRD-PARTY RENTAL PLATFORMS IN WHICH CUSTOMER RENTED OUR RECREATIONAL VEHICLE WHEN APPLICABLE). IF YOU DO NOT AGREE WITH THE RENTAL AGREEMENT, TERMS OF SERVICE, THE PRIVACY POLICY, AND WHAT IS STATED WIHIN THE DELIVERY INSPECTION REPORT, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE RENTED RECREATIONAL VEHICLE AND SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY AND RETURN IT TO US OR LET US KNOW IMMEDIATELY. AT NO TIME CAN THE RENTED RECREATIONAL VEHICLE BE ABANDONED.
RV Camping Rental - Privacy Policy can be accessed by copying and pasting this address on your preferred Internet Browser: https://rvcampingrental.com/website-privacy-policy
YOU AGREE TO RECEIVE TEXT MESSAGES, PHONECALLS, AND/OR EMAILS FROM OR ON BEHALF OF RV CAMPING RENTAL AT THE PHONE NUMBER AND EMAIL THAT YOU PROVIDED AND THAT OF YOUR GUESTS WHO WERE AUTHORIZED TO USE THE RENTED RECREATIONAL VEHICLE. THESE TEXTS, CALLS, AND EMAILS WILL INCLUDE OPERATIONAL MESSAGES OR ANSWERS TO YOUR QUESTIONS, RENTAL RELATED DOCUMENTS, AND INFORMATION OR LINKS PERTINENT TO YOUR RESERVATION. YOU UNDERSTAND AND AGREE THAT THESE TEXTS, CALLS, EMAILS MAY BE CONSIDERED TELEMARKETING UNDER APPLICABLE LAW, THEY MAY BE SENT TO YOU EITHER DIRECTLY OR BY USING AN AUTOMATIC SYSTEM OR OTHER AUTOMATED TECHNOLOGY, AND YOUR CONSENT IS NOT A CONDITION OF ANY PURCHASE.
Supplemental terms and conditions or documents that may be posted on the Sites from time to time or provided to you via email or in person are hereby expressly incorporated herein by reference. We may make changes to this Agreement from time to time. Please check these Terms of Service periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions (unless otherwise stated). We may also require that you accept modified Terms to continue to use the rented recreational vehicle and the Services. We will further alert you about any changes by updating the “Last updated” date of this Agreement. If you do not agree to the modified Agreement, then you should Cancel your reservation (Please read the Cancellation Policy Applicable to your reservation) and/or discontinue your use of the rented recreational vehicle and of the Services.
Except as expressly permitted in herein, this Agreement may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 21, you agree that disputes arising under this Agreement will be resolved by binding, individual arbitration, and BY ACCEPTING THIS AGREEMENT, YOU AND RV CAMPING RENTAL AND/OR THIRD-PARTY RENTAL AGENCY WHEN APPLICABLE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this Agreement (except for matters that may be taken to small claims court), and your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 21).
The information provided on and through the Services and Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access or use the rented Recreational vehicle and Serviceswhile installed and set up at other locations, events or campgrounds, do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The rented Recreational Vehicle and Services are intended for users who are at least 25 years old. Persons under the age of 25 years old are not permitted to engage in the process of renting a Recreational Vehicle from RV Camping Rental directly or indirectly.
2. Privacy Policy
Please refer to RV Camping Rental Privacy Policy (found here: https://rvcampingrental.com/website-privacy-policy) which explains how we collect, use, and disclose information that pertains to your privacy. By using the rented Recreational Vehicle or Services, you agree to be bound by our Privacy Policy, which is incorporated into, and made part of, this Agreement. Please be advised the Rented Recreational Vehicle and Services are only intended for use within United States, and Canada.
3. Registration; Rules for User Conduct and Use of Rented Recreational Vehicle and Services
You must create a profile for and maintain an account with us or third-party rental platform when applicable to rent the Recreational Vehicle and access the Services at the time of booking, before the reservation start date, during the reservation period, and after the reservation period ends if there are any monetary amounts due or claims. When creating a profile, you will be required to provide us with some information about yourself, such as your full name, physical address, email address, cell phone number, your personal vehicle insurance ID card, a current utility bill or other contact and identifying information; your name (“The Customer”) must match that of submitted documents. You must provide accurate, current, and complete information and promptly update this information at least 5 business days prior to the reservation period starts if any information or expiration date changes. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or cancel your reservation for the rented recreational vehicle and your use of the Services. Only authorized users may use your account to communicate with us related to the use of the rented recreational vehicle and Services.
When you create a user profile you will not allow use of your credentials to access the Services through automated or non-human means, whether through a bot, script or otherwise. We reserve the right to remove, reclaim, or change an end username or any end-customer facing names, slogans, or other content you select if we determine, in our sole discretion, that is inappropriate, obscene, or otherwise objectionable. You agree to notify us immediately of any unauthorized use of your account. RV Camping Rental will not be responsible for any losses or damage arising out of or related to the unauthorized use of your account name, and/or any other personal information. If you believe that your account and/or profile is no longer secure, then you should immediately notify us at reservations@rvcampingrental.com.
By agreeing to this Terms of Service, Rental Agreement, Delivery Inspection Report, and Privacy Policy, you represent and warrant to us that: (a) you are at least 25 years old; (b) your profile and your use of the rented Recreational Vehicle and the Services is in compliance with any and all applicable laws and regulations; (c) your driver license or that of your authorized guest who would be driving or transporting the rented recreational vehicle have a clean driving record for the past 5 years and a valid driver license without restrictions; (d) that the payment method used to pay for all monies due to include the reservation cost, additional services, and damages-overages security deposit has been fully authorized by you and/or card holder when applicable. If you are an entity, organization, or company (“Corporate Entity”), the individual accepting this Agreement on your behalf represents and warrants that they have authority to bind the Corporate Entity to this Agreement and the Corporate Entity agrees to be bound by this Agreement. If you allow your guests or other non-authorized persons or entities to use the Services and the rented Recreational Vehicle, you agree that: (a) you will at all times be liable and responsible for all acts and omissions of these End Users that use the Services and the rented Recreational Vehicle as though those acts and omissions were committed by you; and (b) you agree that your affiliates, guests and their End Users may have access to all data and information that you can access through your account and we are not responsible for enforcing any data access restrictions between you and your guests and affiliates. Failure to do so will constitute a breach of your obligations pursuant to this Agreement.
An “affiliate” means any entity that, directly or indirectly, through one or more intermediaries, you control, by way of relationship or otherwise. If you created a profile to rent a recreational vehicle and to for the Services under a name other than the legal name of a business, we may from time to time require you to verify that all transactions by you are used only by you and your affiliates and guests and in the operation of the business locations specified in your purchase/s. If you are using individual End User accounts in connection with the operation of more than one business location, you must disclose this fact to us at the time of booking a reservation for the rented Recreational Vehicle and Services, as separate business locations require separate agreements with us. Failure to do so will constitute a breach of your obligations.
5. Payments.
(a) General Payment Terms. The total amount due is itemized in your reservation receipt that was emailed to the email you the customer provided, and all potential additional fees as disclosed within the “Delivery Inspection Report”. Unless otherwise agreed, all fees are in U.S. Dollars and are non-refundable and non-recoupable unless otherwise specifically provided for in this Agreement and RV Camping Rental’s Cancellation policy. RV Camping Rental reserves the right to change the required method of payment at any time, upon notice to you. You are responsible for updating your account information should the required payment method change or expire. You can access RV Camping Rental cancellation policy by clicking this link https://rvcampingrental.com/payment-%26-cancellations which is applicable in conjunction with a third-party cancellation policy if you rented the RV from another RV Rental company.
(b) Price. RV Camping Rental reserves the right to determine pricing for the Services and for your reservation for the rented Recreational Vehicle. RV Camping Rental will make reasonable efforts to keep pricing information published on the Sites up to date for all non-booked reservations, but will honor all pricing set at the time your booked your reservation; this means RV Camping Rental will not change, modify or otherwise alter the pricing set on your reservation receipt and “Delivery Inspection Report” with the exception of the Damages and Overages security Deposit, Insurance, and Damage Protection. We encourage you to check our Site or third-party rental agency periodically for current pricing information for any future reservations. RV Camping Rental may change the fees for any feature of the Recreational Vehicle and Services, including additional fees or charges, if RV Camping Rental gives you advance notice of changes before, they apply (i.e., prior reservation start date). If new fees or taxes or commissions paid to others are imposed on Services by governmental, regulatory, or similar third parties, RV Camping Rental shall be entitled to pass on such fees or taxes to the extent it is legal to do so, even prior to the reservation start date. RV Camping Rental, at its sole discretion, may make promotional offers with different features and different pricing to any of RV Camping Rental ’s customers. These promotional offers, unless made to you, will not apply to your offer or this Agreement.
(c) Authorization. You authorize RV Camping Rental to charge the payment method on file for all reservation costs, overage fees, additional services, damages, potential insurance claims, toll roads received during or after the reservation period, and any other tickets or penalties or towing fees or storage earned during the reservation period, and/or against the damages and overages security deposit. The customer needs to update their payment method in the event they want to use a different payment method to pay such fees. RV Camping Rental will notify the customer in writing of any fees due prior to charging amounts owed on the customer’s payment method.
(d) Delinquent Accounts. RV Camping Rental may suspend or terminate access to the rented Recreational Vehicle and Services, including usage and fee-based portions of the Services, for any account for which any amount is due but unpaid, including, but not limited to amounts due for insurance coverage, damages and overages security deposit, reservation cost, taxes, or charges. In addition to the amount due for the Recreational Vehicle rental and Services, a delinquent account will be charged with fees, charges, or expenses (including attorneys’ fees) that are incidental to any chargeback or collection of any unpaid amount, including collection fees. If your payment method is no longer valid at the time additional cost or the ones listed above, RV Camping Rental will attempt to contact you to reestablish payment in a grace period determined solely by RV Camping Rental, but, if a payment method is not re-established in such period, RV Camping Rental reserves the right to cancel the reservation. For all cancellations, the Cancellation Policy at the time of booking the reservation will be in effect. It can be found here: https://rvcampingrental.com/payment-%26-cancellations
6. Term and Termination.
(a) Term. The term of this Agreement begins when customer pays for the initial reservation payment. Term will end when the reservation rental period ends, and the rented recreational vehicle is back in possession of RV Camping Rental staff at the same location where the recreational vehicle was exchanged at the start of reservation or at the agreed return location stablished on the “Delivery Inspection Report” or agreed after through a text message exchanged with an RV Camping Rental staff.
(b) Termination. We may immediately, without notice, suspend or terminate your access to the rented Recreational Vehicle and Services and terminate this Agreement for any of the following reasons: (i) you breach any provision of this Agreement; (ii) we determine that your use of the Recreational Vehicle and Services poses a security risk to us or to another user of the Service; (iii) you use the Services and Recreational Vehicles in a way that we determine, in our sole discretion, is abusive or disrupts or threatens the performance or availability of the Recreational Vehicle/Service; or (vi) we receive notice or we otherwise determine, in our sole discretion, that you may be using the Recreational Vehicles or Services for an illegal purpose or in a way that violates the law or violates, infringes, or misappropriates the rights of any third party; or (vii) if the rented recreational vehicle is transported to the event called “Burning Man” in Las Vegas NV or is taken across the South border into Mexico. In addition, RV Camping Rental may, at its sole discretion, terminate this Agreement or your account on the Service, or suspend or terminate your access to the rented Recreational Vehicle and Services, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination.
(c) Early Termination: If you want to terminate this Agreement before your rental reservation period expires, you will owe a termination fee equal to all the remaining payments for such reservation period. The only exception is that you may terminate with thirty (30) days written notice if RV Camping Rental materially breaches specific obligations under this Agreement and does not cure the breach within thirty (30) days of receiving your written notice.
(d) Effect of Termination. If this Agreement is terminated for any reason: (i) your use will terminate and you must immediately cease all use of the rented Recreational Vehicle and Services; (ii) you will no longer be authorized to access the recreational vehicle, and Services, except during your personal belongings Retrieval Period, if applicable, as described in Section 9; (iii) you will pay to RV Camping Rental any unpaid amount that was due prior to termination or cancellation of the reservation and any fees or other amounts that have accrued prior to the effective date of the termination; (iv) any and all liabilities accrued prior to the effective date of the termination will survive; and (v) the following sections will survive: Sections 6, 7, 9 through 31. If your reservation has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the website using a different name, email address, or other forms of account verification.
7. Ownership.
The Recreational Vehicles we offer for rent are owned or leased or managed by RV Camping Rental, and operated by RV Camping Rental. RV Camping Rental retains all right, title or “rental management consignment” with registered owners, or through a “lease purchase agreement” with registered owner, and interest in and to the Recreational Vehicles, Services and the Sites, including without limitation all computer code (including source code and object code), databases, functionality, products, software, website designs, interfaces, compilation, audio, video, text, photographs, information, all contents inside the rented recreational vehicle, additional equipment or inventory that was provided for you reservation period as listed within the Delivery Inspection Report, and graphics on or integrated with the Recreational Vehicles, Services and the trademarks, service marks, and logos contained therein (“Materials”). Except as expressly provided in this Agreement, no part of the Services, Recreational Vehicles or the Sites and no Materials may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any purpose whatsoever, without our express prior written permission.
8. License.
Subject to your complete and ongoing compliance with the terms and conditions of this Agreement, RV Camping Rental grants to you a limited, worldwide, non-exclusive, non-transferable, non-sublicensable right during the term of this Agreement to: (a) access and use the rented Recreational Vehicle and Services solely in connection with the reservation rental agreement, privacy policy, this terms of agreement, and third-party rental companies terms and policies when applicable, except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the rented Recreational Vehicle or the Services; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism, systems, and procedures. If you are prohibited under applicable law from using the Service, then you may not use it.
9. Data Retention
Unless this Agreement is terminated due to your breach, upon termination of reservation, RV Camping Rental will give you limited access to the reservations communication systems, text messages, and emails for an unlimited amount of time, solely for purposes of retrieving your personal belongings (“Retrieval Period”), discuss overages fees charged, claims, damages, and any other disputes. After such Retrieval Period and subject to RV Camping Rental’s legal obligations, RV Camping Rental has no obligation to maintain or provide any Customer Data and shall be entitled to, unless legally prohibited, delete Customer Data by deleting your profile; provided, however, that RV Camping Rental will not be required to remove copies of the Customer Data from its backup media and servers until such time as the backup copies are scheduled to be deleted in accordance with our Privacy Policy, provided further that in all cases RV Camping Rental will continue to protect the Customer Data in accordance with the Agreement. Customer Data will be made available to authorized points of contact in industry-standard formats.
10. Customer Data
You may upload identifying documents and Customer Data and other User Content to the Services. In addition, we may collect registration and other information about your use of the rented Recreational Vehicle, the Services, and the Sites. You hereby grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to host, store, use, reproduce, modify, transmit, modify for the purpose of formatting for display, create derivative works as authorized in this Agreement, distribute, and otherwise exploit all such Customer Data and User Content: (a) to provide the Service to you; (b) internally in any way subject to RV Camping Rental’s obligation of non-disclosure in Section 11; and (c) internally or externally in any way in aggregate or anonymous format or otherwise in conformity with our Privacy Policy. To the extent such Customer Data contains personal information covered by the “U.S. Privacy Laws” as defined in our U.S. Privacy Law Data Processing Addendum (“U.S. DPA”), our processing of that personal information will be governed by our U.S. DPA. “User Content” means text, photographs, videos, other audiovisual or informational content, and any other works of authorship or other works. You may only upload User Content to the Services if you own the rights to that User Content, or if another rights holder has given you permission. You retain any copyright and other proprietary rights that you may hold in the User Content that you upload to the Service, subject to the licenses granted in this Agreement. You agree that RV Camping Rental may use your name, logo, and marks to identify you as a RV Camping Rental customer on RV Camping Rental’s Sites and other marketing materials.
Confidentiality
2.Disclosure of Confidential Information. Subject to RV Camping Rental’s rights under Sections 11, 14, and 15, RV Camping Rental will not disclose to any third party except for insurance companies and authorities, without your consent, Customer Data or documents you upload to the website or are sent to us via email or text. RV Camping Rental may, however, disclose that Customer Data or User Content if required by law or if RV Camping Rental reasonably determines that disclosure is necessary to prevent harm to RV Camping Rental or any third party. Your consent to disclosure shall be deemed given if you access the rented recreational vehicle through RV Camping Rental, or your account profile submitted to RV Camping Rental data through a third-party application, email, text or in person solely with respect to disclosure in connection with your use of such third-party application. For example, if you use RV Camping Rental payments, you consent to the exchange of required information with and to your payment method, insurance claims, and other entities were any penalties or fees became due during your reservation period and/or during the time the rented recreational vehicle was in your possession. Your “Possession” is defined as the period time that the rented recreational vehicles has not been returned by you to RV Camping Rental staff at an agreed location as specified in writing within the Delivery Inspection Report or in writing and approved by both parties via text or email. If RV Camping Rental is required by law to disclose any of that information or material, RV Camping Rental will make reasonable efforts to provide you with prompt written notice of that requirement prior to disclosure. Further, if you register for the reservation of a Recreational vehicle and Service through a third-party rental agency like RVShare, Outdoorsy, RVezy, RVnGo, and any other rental platform that RV Camping Rental has listed their recreational vehicles fleet at, we may disclose information about your account to that entity. For the avoidance of doubt, except to the extent required for compliance with applicable law, to enforce our rights pursuant to this Agreement or in the delivery of the rented Recreational Vehicles and Services or support for the rented Recreational Vehicles and Services, RV Camping Rental will not directly contact your guests or make personally identifying or contact data regarding your end customers available to any third party without your consent. Such consent will be deemed given, however, if your access with RV Camping Rental or your RV Camping Rental data through a third-party application, solely with respect to disclosure in connection with your use of such third-party application.
13. Feedback
If you provide input and suggestions regarding the rented Recreational vehicles systems, equipment, inventory, or problems with, or proposed modifications or improvements to the Recreational Vehicle or Services received (“Feedback”), you authorize us to use that feedback without restriction and without payment to you. Accordingly, you hereby grant us a non-exclusive, fully paid, royalty-free, perpetual, and irrevocable license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
14. Assignability
You may not assign this Agreement or any right, duty, or obligation under this Agreement, without RV Camping Rental’s prior written consent, including, for the avoidance of doubt, to any guest, acquaintance or relative of yours. If consent is given, this Agreement will bind your successors and assigns. Any attempt by you to transfer any right, duty, or obligation under this Agreement except as expressly provided in this Agreement is void. RV Camping Rental may assign this Agreement or any right, duty, or obligation under this Agreement, at any time without your consent.
15. Subcontractors
RV Camping Rental may utilize one or more subcontractors or other third parties to perform its duties under this Agreement so long as RV Camping Rental remains responsible for all its obligations under this Agreement.
16. Disclaimer of Warranties
You represent and warrant that: (a) you will not alter or request that RV Camping Rental alter the rented Recreational Vehicle or the Service unless you have all consents, and permissions in writing to do so and to authorize RV Camping Rental’s provided services, use, disclosure and retention of that information in accordance with this Agreement; and (b) your use of the rented recreational vehicle and the Service will not subject RV Camping Rental to any liability or cause RV Camping Rental to violate any law, rule, or regulation or guideline.
THE RENTED RECREATIONAL VEHICLE AND THE SERVICES AND ALL MATERIALS AND INVENTORY AND EQUIPMENT AND SYSTEMS AVAILABLE THROUGH THE RENTED RECREATIONAL VEHICLE AND THE WEBSITE AND RESERVATION ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. RV CAMPING RENTAL DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, GUARANTEES, AND PROMISES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE RENTED RECRATIONAL ITSELF AND VEHICLE SERVICES AND ALL MATERIALS AND EQUIPMENT AND SYSTEMS AND INVENTOTY AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED REPRESENTATION, WARRANTY, CONDITION, GUARANTEE OR PROMISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY REPRESENTATION, WARRANTY, CONDITION, GUARANTEE OR PROMISE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. RV CAMPING RENTAL DOES NOT WARRANT THAT THE RENTED RECREATIONAL VEHICLE ITSELD AND EQUIPMENT AND SYSTEMS AND SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS OR FAILURES OR ISSUES ARISING FOR WHERE THE RECRATIONAL VEHICLE IS BEING TRANSPORTED THROUGH OR LOCATED OR PROBLEMS THAT OCCUR DUE TO WEATHER OR ACTS OF GOD OR TERRORISM, AND RV CAMPING RENTAL DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE RESERVATION OR SERVICE OR RV CAMPING RENTAL ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE RENTED RECREATIONAL VEHICLE OR THE SERVICE WILL CREATE ANY REPRESENTATION, WARRANTY, CONDITION, GUARANTEE OR PROMISE REGARDING ANY OF THE RV CAMPING RENTAL ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE USE OF THE RENTED RECREATIONAL VEHICLE AND ITS EQUIPMENT AND SYSTEMS AND INVENTORY, AND THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE RENTED RECREATIONAL VEHICLE AND SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE, YOUR PERSONAL BELONGINGS, YOUR GUESTS PERSONAL BELONGINGS OR PERSONAL ASSETS FOR BOTH, YOUR CAMPSITE AND THE LOCATION WHERE THE RENTED RECREATIONAL VEHICLES IS BEING OR HAS BEEN TRANSPORTED AND OR THE LOCATION WHERE THE RENTED RECREATIONAL VEHICLE HAS BEEN PARKED) OR ANY LOSS OF DATA, INCLUDING CUSTOMER DATA AND USER CONTENT.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. RV Camping Rental does not disclaim any warranty or other right that RV Camping Rental is prohibited from disclaiming under applicable law.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE RV CAMPING RENTAL ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE RENTED RECREATIONAL VEHICLE AND SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE OR ARISING OUT OF OR WITH RESPECT TO ANY PRODUCTS OR SERVICES (INCLUDING PROFESSIONAL SERVICES) PROVIDED BY RV CAMPING RENTAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE OR WILFUL MISCONDUCT), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY RV CAMPING RENTAL ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE RV CAMPING RENTAL ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE RECREATIONAL VEHICLE OR THE EQUIPMENT OR THE SYSTEMS OR THE SERVICES OR OTHERWISE UNDER THIS AGREEMENT, WHETHER IN CONTRACT, (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE OR WILFUL MISCONDUCT), STATUTE, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO RV CAMPING RENTAL FOR ACCESS TO AND USE OF THE RECREATIONAL VEHICLE AND SERVICE.
EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THIS AGREEMENT AND THE CUSTOMER GUESTS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION 17 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
18. Indemnity
To the fullest extent permitted by law, you are responsible for your use of the Services and the Recreational Vehicle provided, and you will defend and indemnify RV Camping Rental and its officers, directors, employees, consultants, affiliates, subsidiaries, third-party rental platforms, storage facilities, and agents (together, the “RV Camping Rental”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Services, the rented Recreational Vehicle or the Sites; (b) your violation of any portion of this Agreement, any representation, warranty, or agreement referenced in this Agreement, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right, in connection with your use of the Services, the Rented Recreational Vehicle, the Sites or any data, materials or information you provide to RV Camping Rental; or (d) any dispute or issue between you and any third party (including, but not limited to any disputes with your guests or any financial institution with respect to the recreational vehicle you rented and the services provided to you). We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
19. Force Majeure
RV Camping Rental and its officers, directors, employees, consultants, affiliates, subsidiaries, third-party rental platforms, storage facilities, and agents (together, the “RV Camping Rental”) will not be liable to you for any delay or failure to perform any obligation under this Agreement if the delay or failure is due to circumstances beyond RV Camping Rental’s reasonable control, Acts of God or Acts of Terrorism or Vandalism.
20. Notices
Except as otherwise expressly set forth in this Agreement, any notice required or permitted to be given in accordance with this Agreement will be effective if it is in writing and sent by certified or registered mail, or insured courier, return receipt requested, to the appropriate party at the address set forth below for RV Camping Rental, and at the address set forth in your account for you, and with the appropriate postage affixed. Either party may change its address for receipt of notice by notice to the other party in accordance with this Section. Notices are deemed given two business days following the date of mailing or one business day following delivery to a courier.
RV Camping Rental
Attn: Karla Atherton and/or Karla Nieto
7655 Lemon Avenue
Lemon Grove CA 91945
(619)341-5606
21. Dispute Resolution
(a) Generally. In the interest of resolving disputes between you and RV Camping Rental in the most expedient and cost-effective manner, and except as described in Sections 21(b), (c) and (g), you and RV Camping Rental agree that every dispute arising in connection with this Agreement, the Sites, Products, Services, or communications from us will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND RV CAMPING RENTAL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
b) Exceptions. Despite the provisions of Section 21(a), nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, provincial or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
c) Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 21 within 30 days after the date that you agree to this Agreement by sending a letter to RV Camping Rental, Attn: Karla Atherton and/or Karla Nieto at 7665 Lemon Avenue, Lemon Grove CA 91945 that specifies: your full legal name, the email address associated with your account on the rented Recreational Vehicle and Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once RV Camping Rental receives your Opt-Out Notice, this Section 21 will be void and any action arising out of this Agreement will be resolved as set forth in Section 22. The remaining provisions of this Agreement will not be affected by your Opt-Out Notice.
d) Arbitrator. Any arbitration between you and RV Camping Rental and its officers, directors, employees, consultants,
affiliates, subsidiaries, third-party rental platforms, storage facilities, and agents (together, the “RV Camping Rental
Entities”) will be settled under the Federal Arbitration Act and administered by the American Arbitration Association
(“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by this Agreement. The AAA Rules
and filing forms are available online at https://www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting RV
Camping Rental. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or
enforceability of this binding arbitration agreement.
(e) Notice of Arbitration, Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). RV Camping Rental’s address for Notice is: RV Camping Rental, Attn: Karla Atherton and/or Karla Nieto with address at 7655 Lemon Avenue, Lemon Grove CA 91945. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or RV Camping Rental may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or RV Camping Rental must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Except as provided in Section 21(g), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by RV Camping Rental in settlement of the dispute prior to the award, RV Camping Rental will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000 in monthly payments not to exceed $500.00 per month until the balance is paid off and without incurring interests. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
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