Security Deposit Terms and Conditions and Rental Contract
Security Deposit Terms and Conditions and Rental Contract
Last Updated: February 3, 2023
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.If we update or make changes to these policies, we’ll notify you via email and provide you quick access to the changes through the website.
PravdaVentures LLC operating as RvsEasy.com, (hereafter referred to as “RvsEasy.com”, “we”, “us”, or “our”) provides an online platform to rent RVs with renters seeking to rent such RVs, which platform is accessible at RvsEasy.com and any other websites through which RvsEasy.com makes the platform available (collectively, the “Site”) with any other products or services made available by RvsEasy.com, all of the foregoing are, collectively, the “Services”. By using the Services, you agree to comply with and be legally bound by these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and all Collective Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and RvsEasy.com. Please read carefully these Terms and our Privacy Policy, which may be found at https://www.RvsEasy.com/data-privacy-policy and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Services. Failure to use the Services in accordance with these Terms may subject you to civil and criminal penalties.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Modification
RvsEasy.com reserves the right, at its sole discretion, to modify the Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Services or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
Other Policies
You agree that you will comply with all written RvsEasy.com rules, agreements, and policies that are made available by RvsEasy.com on the Services and which are incorporated herein by reference. These include, without limitation:
Terms and Conditions
Fees Policy
Cancellation Policy
Insurance Policy
Booking Agreement
Or any other policies posted on the Services
Minimum Age
The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older. The minimum age to rent an insured vehicle is 25 years old.
Bookings and Financial Terms
If you, as a Renter, choose to enter into a transaction for the booking of an RV, you agree and understand that you will be required to enter into an agreement and agree to accept any terms, conditions, rules, and restrictions associated with such RV.
You agree to pay RvsEasy.com for any confirmed bookings made in connection with your RvsEasy.com Account in accordance with these Terms by one of the methods described on the Site or Application – e.g. credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking directly by RvsEasy.com. You also authorize RvsEasy.com to charge the Renter’s credit card in the event of damage caused on an RV as contemplated under “Damage to RVs” below and for Security Deposits (as defined below), if applicable. Once a confirmed booking transaction is completed you will receive a confirmation email in RvsEasy.com summarizing the confirmed booking.
You agree to pay RvsEasy.com for the Total Fees for any booking requested in connection with your RvsEasy.com Account if such requested bookings are confirmed. In order to establish a booking pending the applicable Dealer’s confirmation of your requested booking, you understand and agree that RvsEasy.com reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1) to verify your credit card. Once RvsEasy.com receives confirmation of your booking, RvsEasy.com will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable RV Listing. Please note that RvsEasy.com cannot control any fees that may be charged to a Renter by his or her bank related to RvsEasy.com’s collection of the Total Fees, and RvsEasy.com disclaims all liability in this regard.
In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to RvsEasy.com or its third party payment facilitator. You agree to pay RvsEasy.com for any confirmed bookings made in connection with your RvsEasy.com Account in accordance with these Terms by one of the methods described on the Site or Application. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by RvsEasy.com or indirectly, via a third party online facilitating payments or by one of the payment methods described on the Services. You also authorize RvsEasy.com to charge your credit card in the event of damage caused on an RV as contemplated under “Damage to RVs” below and for Security Deposits (as defined below), if applicable. If you are directed to RvsEasy.com’s third-party payment facilitator, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is completed you will receive a confirmation email summarizing your confirmed booking.
Security Deposits
RvsEasy.com’s reservations customarily include a security deposit (“Security Deposits”). For all Security Deposits included in a Listing for a confirmed booking of RV, RvsEasy.com will use its commercially reasonable efforts to obtain a authorization of the Renter’s credit card in the amount the listing determines for the Security Deposit within a reasonable time prior to the Renter’s check-in. If Renter's period is for more then 6 nights, RVsEasy charge security deposit to Renters credit card plus any additional credit card fees unless security deposit is made by check.
Renter Verification
As a Renter, you are required to provide certain personal information through the RvsEasy.com renter verification program in order to rent insured RVs on RvsEasy.com, asked to provide a valid (i) Driver’s License Number, State of Issue, your Name and Address, (ii) DOB, (iii) verification of at least 3 years driving experience, (iv) completion of the renter questionnaire, (v) current insurance provider, (vi), your international drivers permit and a valid Passport (for international renters).
Damage to RVs
As the operator of the RV, you are responsible for leaving the RV in the condition it was in when you picked up the RV. You acknowledge and agree that as a Renter, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to the RV. In the event that an RVsEasy.com claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of a claim and given forty-eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your RvsEasy.com Account. You agree that unless you have purchased or have been qualified for insurance through RvsEasy.com that you will hold RvsEasy.com harmless and that RvsEasy.com has no responsibility for any damages that you cause to a RV or to any person. You also agree that as a renter, your personal insurance will act as primary to any coverage you purchase through RvsEasy.com. RvsEasy.com also reserves the right to charge the credit card on file in your RvsEasy.com Account, or otherwise collect payment from you and pursue any avenues available to RvsEasy.com in this regard, including using Security Deposits, in situations in which you have been determined, in RvsEasy.com’s sole discretion, to have damaged the RV. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the RV to RvsEasy.com. If a vehicle has been damaged during the rental period and the damage occurred as a result of vandalism or there is a suspicion of vandalism, a police report must be filed by the RVsEasy.com of the damaged vehicle before an insurance claim can be processed.
Renter agree to cooperate with and assist RvsEasy.com in good faith, and to provide RvsEasy.com with such information and take such actions as may be reasonably requested by RvsEasy.com, in connection with any complaints or claims made by Renter relating to RVs or any personal or other property located at an RV or with respect to any investigation undertaken by RvsEasy.com or a representative of RvsEasy.com regarding use or abuse of the Site, Application or the Services. If you are a Renter, upon RvsEasy.com’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with an RVsEasy.com, at no cost to you, which process will be conducted by a third party selected by RvsEasy.com with respect to losses under these terms.
Cancellations and Refunds
If, as a Renter, you cancel your requested booking before the requested booking is confirmed, RvsEasy.com will cancel any authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Renter, you wish to cancel a confirmed booking made via the Services, either prior to or after arriving at the RV, the cancellation policy of the RV contained in the applicable Listing will apply to such cancellation. Our ability to refund the RV Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Services.
If an RVsEasy.com cancels a confirmed booking made via the Services, (i) RvsEasy.com will refund the Total Fees for such booking to the applicable Renter within a commercially reasonable time of the cancellation and (ii) the Renter may receive an email or other communication from RvsEasy.com containing alternative Listings and other related information. If the Renter requests a booking from one of the alternative Listings, then the Renter agrees to pay RvsEasy.com the Total Fees relating to the confirmed booking for the RV in the alternative Listing, in accordance with these Terms. If an RVsEasy.com canceled a confirmed booking and you, as a Renter, have not received an email or other communication from RvsEasy.com, please contact our support team via a support ticket.
User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Services and Content. In connection with your use of our Services, you may not and you agree that you will not:
violate any local, state, provincial, national, park, campground or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, admiralty law and Tax regulations;
register for more than one RvsEasy.com Account or register for an RvsEasy.com Account on behalf of an individual other than yourself;
Privacy
See RvsEasy.com’s Privacy Policy at http://www.RvsEasy.com/data-privacy-policy or information and notices concerning RvsEasy.com’s collection and use of your personal information.
Insurance
With its Protection Packages, RvsEasy.com coverage for qualified vehicles and verified renters that have been approved by RvsEasy.com for the insurance coverage. Liability, physical damage, comprehensive and collision insurance coverage is available only for renters during the rental period for rentals that are transacted through the RvsEasy.com software and only where renters have successfully met the conditions stipulated in the verification process and where the vehicle meets the certifications and requirements stipulated in the listing process, and the maintenance and inspection schedule. In addition, insurance coverage is only made available to verified users where use of the RvsEasy.com Services and the full and complete booking of a rental transaction is transacted through the RvsEasy.com system. Rentals are only insurable in the U.S., Puerto Rico, the U.S. Virgin Islands, U.S. Military locations and U.S. controlled territories and Canada. Any vehicle that attempts to enter into Mexico will not be covered under the insurance program. Vehicles used in the sport or activity of driving through rough terrain are considered to be used in off-roading activity and will not be insured.
Unless otherwise stipulated in the insurance coverage, the Renter is responsible for all damage to the rental, missing equipment, down time, and the RVsEasy.com’s administrative expenses connected with loss irrespective of the cause of damage or loss or the negligence or lack thereof of Renter. Renter is responsible for loss due to theft of the rental. Renter is responsible for all damages due to vandalism of the rental. When accepting the rental, Renter must complete a thorough, comprehensive Walk-Thru report of the rental, noting in writing any and all defects or damage to the rental prior to Renter’s acceptance of the same. Renter must sign and date the RV Departure Checklist in order to qualify for insurance protection. Immediately prior to releasing the vehicle the RVsEasy.com is responsible for completing a full inspection of the interior and exterior of the vehicle with the renter, and must take photos to document its condition immediately prior to departure and immediately upon return.
Upon return of the rental, the RVsEasy.com must immediately inspect the rental and photograph any damages, and report any losses within 48 hours of the end of the booking or return of the vehicle (whichever occurs first). RvsEasy.com is not responsible for personal property left in the rental. All defects and/or damage to the rental noted in the return inspection which are not noted on the Walk-Through report completed by Renter when accepting the rental shall be the sole responsibility of Renter, and Renter shall reimburse the RVsEasy.com for the cost of the repair. To the extent that the security deposit actually paid to the RVsEasy.com is insufficient to cover the costs and damages incurred by Renter, Renter will make immediate payment to RvsEasy.com, upon demand. Renter must report all accidents or incidents of theft or vandalism to the police as soon as Renter discover them and provide a copy of the police report to RvsEasy.com. Renter must report all accidents involving the rental to RVsEasy.com within 24 hours of occurrence and provide a copy of the accident report to RvsEasy.com.
Right of Possession
RVsEasy.com shall always have superior right of possession of the rental over Renter. In the event that the RVsEasy.com’s officers or employees, in their sole and absolute discretion, determine that the rental is at risk of damage or loss, the RVsEasy.com shall have the absolute right, but not the obligation, to recover the rental from Renter regardless of the amount of time remaining in the Rental Agreement. In the event RVsEasy.com recovers a rental from Renter, in addition to those costs payable pursuant to other parts of this Agreement, Renter shall pay all costs associated with such recovery including, but not limited to, employee wages, travel costs, fuel and repairs.
General Requirements
Renter agrees not to drive in a careless or negligent manner while driving a Rented vehicle, nor drive while under the influence of alcohol or drugs, nor permit operation of the vehicle by any person except those who have signed the RvsEasy.com rental agreement and have signed the RV Departure Form and who have passed RvsEasy.com verification procedures. Renter further agrees not to use, or permit use of the rental for unlawful purposes. Renters will hold RvsEasy.com harmless from any and all fines and penalties incurred during the rental period caused directly or indirectly by negligence, misuse or carelessness. Renter further agrees to indemnify and hold harmless RvsEasy.com from and against any and all claims for loss of, or damage to property, or injury to person, including death, resulting from the use and operation of the rented unit. Unless prohibited by law, you release RvsEasy.com from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle.
Renter shall hold harmless RvsEasy.com and its authorized agents and employees from and against all loss, bodily injury, damages and expenses, including legal expenses, of any kind arising from my rental unit during rental possession extending to such time use is finalized and cleared by the RVsEasy.com, including without limitations, latent and other defects whether or not discoverable by you or RVsEasy.com. This indemnity shall continue in effect at all times despite the return of the rental before or after expiration of the contract terms whether by a formal request from RVsEasy.com or otherwise. It is agreed and understood that the RvsEasy.com may control the defense of any such claim. Any violation of these terms will result in denial of insurance coverage.
Damage to RVs
The Renter is responsible for leaving any rented RV in the condition it was in when they picked up the RV. Renter and RVsEasy.com acknowledge and agree that you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to the RV. In the event that an RVsEasy.com claims otherwise and provides evidence of damage, including but not limited to, photographs, you, the Renter, agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty-eight (48) hours to respond, the security deposit payment will be charged to and taken from the Renter’s credit card on file in the RvsEasy.com system. You agree that unless you have purchased or have been qualified for insurance through RvsEasy.com that you will hold RvsEasy.com harmless and that RvsEasy.com has no responsibility for any damages that are caused to an RV or to any person. RvsEasy.com also reserves the right to charge the credit card on file, or otherwise collect payment from you and pursue any avenues available to RvsEasy.com in this regard, including using Security Deposits, in situations in which you have been determined, in RvsEasy.com sole discretion, to have damaged the RV.
Termination and RvsEasy.com Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Services, and (b) deactivate or cancel your RvsEasy.com Account. Upon termination, we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event, RvsEasy.com terminates these Terms, or your access to our Services or deactivates or cancels your RvsEasy.com Account you will remain liable for all amounts due hereunder. You may cancel your RvsEasy.com Account at any time by contacting us via a support ticket. Please note that if your RvsEasy.com Account is canceled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
Disclaimers
IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT RVSEASY.COM DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, RENTERS AND OWNERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES, COLLECTIVE CONTENT ARE PROVIDED “ AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, RVSEASY.COM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. RVSEASY.COM MAKES NO WARRANTY THAT THE SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY RVS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. RVSEASY.COM MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, RVS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RVSEASY.COM OR THROUGH THE SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR RENTERS. YOU UNDERSTAND THAT RVSEASY.COM DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR INSPECT ANY RVS. RVSEASY.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RENTERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY RVSEASY.COM.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF AND USE OF ANY RVS VIA THE SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SERVICES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER RVSEASY.COM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, OR FROM YOUR LISTING, BOOKING, OR USE OF ANY RV VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT RVSEASY.COM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL RVSEASY.COM’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING, BOOKING OR USE OF ANY RV VIA THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY RV OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A RENTER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE AN OWNER, THE AMOUNTS PAID BY RVSEASY.COM TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RVSEASY.COM AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to release, defend, indemnify, and hold RvsEasy.com and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Services or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking or use of a RV, (iii) creation of a Listing or (iv) the use, condition or rental of a RV by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a RV.
Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between RvsEasy.com and you regarding the Services, Collective Content, and any bookings of RVs made via the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between RvsEasy.com and you regarding the foregoing.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without RvsEasy.com’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.
RvsEasy.com may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by RvsEasy.com (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of Montana, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state or federal court located in Flathead County, Montana for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
Dispute Resolution
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE PAYMENT AND INSURANCE DISPUTES WITH RVSEASY.COM AND OTHER PARTIES ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
By agreeing to the Terms, you agree that you are required to resolve any claim related to a payment dispute or an insurance dispute that you may have with RvsEasy.com and any other related party on an individual basis in arbitration, as set forth below. This will preclude you from bringing any class, collective, or representative action against RvsEasy.com and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against RvsEasy.com by someone else. Except for disputes relating to payment or an insurance dispute, RvsEasy.com reserves all of its rights to bring any other dispute in any court of competent jurisdiction. The costs and expenses of arbitration, including the fees of the arbitrators but excluding any attorneys’ fees, shall be advanced by RvsEasy.com, but will ultimately be borne by the non-prevailing party.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by emailing support@RvsEasy.com and state “I opt out of arbitration” in the email at the earlier of (i) within 30 days of first registering your account, or (ii) prior to any dispute arising with RvsEasy.com.
You and RvsEasy.com agree that any dispute, claim or controversy related specifically to a payment or insurance claim, under $25,000 in value arising out of or relating to the company’s Terms, whether between you and RvsEasy.com or between you and other RvsEasy.com user, or the existence, breach, termination, enforcement, interpretation or validity thereof, shall be settled by binding arbitration administered by FairClaims (www.FairClaims.com) and not in a court of law, in accordance with its Arbitration Rules & Procedures effective at the time a claim is made. You further agree that judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
You consent to electronic service of process, with service to be made to the email address we have on record for your account. You acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and RvsEasy.com otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and RvsEasy.com each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction relating to any dispute that is properly the subject of this arbitration agreement.
You agree that any and all communications and evidence related to any payment, charge or insurance dispute ultimately resolved by arbitration or mediation with FairClaims arising out of or relating to this agreement shall be held and will remain confidential, and that you will not take any action that will harm the reputation of any of the other parties to the arbitration or mediation or RvsEasy.com, or which would reasonably be expected to lead to unwanted or unfavorable publicity to and of the parties, RvsEasy.com or other entities involved in or incidental to the arbitration or mediation. You understand that those parties and entities include but are not limited to the claimant, respondent, witnesses, and RvsEasy.com.
You agree that, in the event of confirmation and enforcement, the delinquent party to the arbitration will be responsible for any attorney, court or other fees associated with such action.
Notwithstanding any choice of law or other provision in this agreement, the parties agree and acknowledge that this arbitration clause evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and FairClaims Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and FairClaims Rules are found to not apply to any issue that arises under this arbitration clause or the enforcement thereof, then that issue shall be resolved under the laws of the State of Texas.
You and RvsEasy.com agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Further, unless both you and RvsEasy.com otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_1.pdf and a separate form for California residents at http://adr.org/aaa/ShowPDF?doc=ADRSTG_0043q14.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of Texas and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and RvsEasy.com otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and RvsEasy.com submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorney’s fees and expenses, to the extent provided under applicable law. RvsEasy.com will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. The costs and expenses of arbitration, including FairClaims fees and the fees of the arbitrators (but excluding any attorneys’ fees), shall be advanced by RvsEasy.com, but will ultimately be borne by the non-prevailing party.
Changes. Notwithstanding the provisions of the “Modification” section above, if RvsEasy.com changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (via a support ticket within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of RvsEasy.com’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and RvsEasy.com in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
General
The failure of RvsEasy.com to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of RvsEasy.com. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
RvsEasy.com RV Rental Agreement
This RV Rental Agreement (“Agreement”), along with the RvsEasy.com Terms of Service and Policies, which are incorporated herein by reference, is made by and between the persons listed in the booking details page of your RvsEasy.com account, namely the Renter and the RVsEasy.com (“Dealer”) for the rented vehicle (the “Rental”). Renter and Dealer are referred to collectively herein as the “Parties”.
The terms and conditions of this Agreement shall survive the end of the rental period and remain in full force and effect. Where Renter has released and/or indemnified Dealer, it has also released and/or indemnified Dealer’s officers, directors, employees, agents, affiliates, and the vehicle’s owner of record.
By entering into a confirmed booking, Renter and Dealer acknowledge that they read the terms of this Agreement and agree to such terms before being asked to exchange possession of the Rental. Additionally, Renter permits RvsEasy.com to process a charge to the card listed on file for all rental and claim related charges due under this Agreement.
The Parties have read and agree to the terms and conditions of this Rental Agreement and thereby give their consent to the Agreement and acknowledge that by completing a booking that Renter is the designated primary driver and will take full responsibility for any damage or incidents occurring during the rental period. Renter understands and acknowledges that if Renter purchased an RvsEasy.com protection package only verified drivers are allowed to drive or operate the rental vehicle.
Rental Agreement Terms and Conditions
Renter and Dealer. The “Renter” shall mean the individual person completing a booking using his/her RvsEasy.com account. The “Dealer” shall be the individual person or legal person (e.g. corporation, LLC, etc.) accepting a booking using her/her/its RvsEasy.com account. Renter acknowledges that Dealer may not own the Rental it is renting to Renter, and rents the Rental pursuant to a valid third-party agreement with the owner of the unit. Dealer represents and warrants that it has the legal authority to enter into a booking and renting the Rental. This agreement is not assignable by Renter.
1. Rental. The “Rental” means the motorized or non-motorized (towable) vehicle rented by the Renter from the Dealer, and includes tires, tools, key fobs, keys, equipment, included plates, documents and other products or property provided by the Dealer with the vehicle.
RENTER ACCEPTS RENTAL “AS IS” WITH ALL FAULTS AND WITHOUT RESERVATION. DEALER (INCLUDING THE TITLED OWNER OF THE RENTAL) DOES NOT WARRANT AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE RENTAL OR TIRE CONDITION OR QUALITY, PERFORMANCE, UTILITY, SUITABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
2. Renter agrees that Dealer shall always have a superior right of possession of the Rental over Renter. In the event that Dealer, in its sole and absolute discretion, determines the Rental is at risk of damage or loss, Dealer shall have the absolute right to recover the Rental from Renter regardless of the amount of time remaining in the Rental Period. In the event Dealer recovers a Rental from Renter, in addition to those costs payable pursuant to other parts of this Agreement, Renter shall pay all costs associated with such recovery including, but not limited to, employee wages, travel costs, fuel and repairs. Dealer agrees that Renter is wholly responsible for these charges and will hold RvsEasy.com harmless.
3. Rental Period. The “Rental Period” begins when the Dealer provides the Renter with the keys, and turns over possession, custody and control of the Rental to the Renter. The Rental Period ends upon the completed return of the Rental to the Dealer.
For rentals involving the delivery of the Rental by Dealer, Renter’s responsibility for the Rental and liability for damages relating to delivered rentals begins when Renter takes possession of the keys and ends when the Rental is returned to the Dealer or their designated delivery driver. Any damage that occurs during the delivery of the Rental is the responsibility of the Dealer up to the amount of the deductible. All delivery drivers of insured vehicles must be approved via the RvsEasy.com verification check or must have provided additional proof of insurance coverage through a third party.
Renter and Dealer understand and acknowledge that they should not enter into a booking and key exchange unless they agree and accept the terms of this Agreement, as well as RvsEasy.com’s other Terms of Service and Policies. A confirmed booking is an express agreement to this Agreement and RvsEasy.com’s Terms of Service and Policies.
4. Who May Drive and Proper Operation of the Rental. Only the Renter who completes the booking (the “Primary Driver”) and qualifies as a “Permitted Driver,” and other persons designated and identified as drivers at the time of booking and verified by RvsEasy.com (“Permitted Drivers”) may drive and operate the Rental. Permitted Drivers may only drive and operate the Rental with the express prior permission from Renter, and Renter shall be fully responsible for any and all damages, incidents, tolls, tickets, and other acts and omissions involving the Permitted Drivers while operating or driving the Rental, or caused by or involving the Permitted Drivers.
The Renter represents to Dealer and RvsEasy.com that Renter and other Permitted Drivers are capable and validly licensed drivers, and will remain capable and validly licensed drivers during the term of the rental.
Renter further acknowledges and agrees that no person shall be allowed to drive the Rental who is not at least the age of 25 and a holder of a valid driver’s license (in his or her actual possession). Drivers over the age of 25 must be approved through RvsEasy.com’s verification process.
Renter acknowledges that recreational rentals can be very large and handle differently from passenger cars. The Rental requires more skill and expertise to operate safely than a passenger car rental. For example, the Rental may require more clearance above, in front of, behind, and beside them to safely operate, and the use of mirrors and direct visual verification are always required to maintain knowledge of the location of adjacent vehicles and obstacles on the roadway. Dealer acknowledges that it is their responsibility to inform Renter of the limitations of their Rental, including clearance heights and widths and other operating instructions. Renter agrees to only operate the Rental on public roadways with sufficient width and height clearance to allow the Rental to be operated safely and without damage. Under no circumstances may the Rental be operated and used for off-road purposes. In the event that the Rental is operated on a private road, Roadside Assistance may be unavailable or voided.
Spotters are recommended to assist the driver in backing the Rental. Renter acknowledges that Dealer has no control over the number of passengers a Renter may allow into the Rental or the conduct of those occupants while the Rental is being operated. Therefore, Renter acknowledges they are solely responsible for the passengers on board the Rental as well as the conduct of those passengers. Renter also acknowledges they will confirm that both driver and passengers are properly using seat belts while the Rental is in motion. Renter and Dealer can find more information here.
5. Prohibited Use of the Rental.The Renter and Permitted Drivers shall not drive in a careless, negligent, reckless or unlawful manner. Certain uses of the Rental and other actions the Renter or Permitted Drivers may take, or fail to take, will violate this Rental Agreement and RvsEasy.com’s Terms of Service and Policies. A VIOLATION OF THIS PARAGRAPH, AS DEFINED BELOW, ALLOWS OWNER OR RVSEASY.COM TO TERMINATE RENTER’S BOOKING AND IS AN EXCLUSION TO AND VOIDS ALL LIABILITY PROTECTION AND ANY OPTIONAL SERVICES THAT RENTER HAS ACCEPTED, INCLUDING BUT NOT LIMITED TO INSURANCE COVERAGE AND ROADSIDE ASSISTANCE. IT ALSO MAKES RENTER FULLY LIABLE TO OWNER AND RVSEASY.COM FOR ALL PENALTIES, FINES, FORFEITURES, LIENS, DAMAGES, AND RECOVERY AND STORAGE COSTS, INCLUDING ALL RELATED ATTORNEYS’ FEES, LEGAL EXPENSES, FEES AND COSTS THAT OWNER OR RVSEASY.COM MAY INCUR.
It is a violation of this Paragraph if any of the following occurs:
A. Renter uses or permits the Rental to be used: (1) by anyone other than a Permitted Driver; (2) to carry passengers or property for hire or more passengers than the Rental has seat belts to carry; (3) to tow or push anything, unless specified by Dealer; (4) in the case of a towable, to allow occupants to be inside the towable when in motion; (5) to be operated in a test, race or contest or off road; (6) while the driver is under the influence of alcohol, any controlled substance, including without limitation any federally controlled substance listed under the Controlled Substance Act, Title 21 of the United States Code (a “Controlled Substance”), or medications that affect vehicle operation and/or constitute driving while impaired under applicable law; (7) for unlawful purposes or for conduct that could be charged as a crime such as a felony or misdemeanor, including the transportation of a Controlled Substance or contraband, stolen goods, illegal devices, or persons protected by prohibitions against human trafficking; (8) recklessly or while overloaded; (9) if the Rental is driven into a jurisdiction or to a location or event not permitted by Dealer or RvsEasy.com (e.g., into Mexico or attending an unauthorized festival such as Burning Man); (10) Renter materially misrepresents the intended use or destination of the Rental; (11) Renter or Dealer violates the RvsEasy.com or Wheelbase Terms and Conditions.
B. Pets or other animals (aside from service animals) are NOT allowed into the Rental without prior permission from the Dealer. Dealers agree to comply with all law, including the federal Americans with Disability Act (ADA). The ADA requires that service animals are harnessed, leashed, or tethered, unless the use of these devices interfere with the service animal’s work or the individual’s disability prevents using these devices. In such cases, the individual must maintain control of the animal through voice, signal, or other effective controls. Pet fees for service animals may not be charged; however, the Dealer may collect fees for any damage sustained to the Rental by the service animal.
C. The Rental’s awning is unrolled or used without prior permission from the Dealer.
D. Anyone is on the roof of the Rental, regardless of whether the Rental is equipped with a ladder.
E. Renter or an additional driver, whether authorized or not: (1) fail to promptly report to RvsEasy.com and Dealer any damage to or loss of the Rental when it occurs or when Renter learns of it and provide RvsEasy.com and Dealer with a written accident/incident report or fail to cooperate with RvsEasy.com’s investigation; (2) where required by law, failed to report an accident to law enforcement; (3) obtained the Rental through fraud or misrepresentation; (4) leave the Rental and fail to remove the keys (or key fobs) or close and lock all doors and all windows and the Rental is stolen or vandalized; or (5) intentionally or with willful disregard cause or allow damage to the Rental.
F. Renter or an additional driver, whether authorized or not, return the Rental after hours agreed-upon with Dealer and the Rental is damaged, stolen or vandalized, or Renter otherwise fails to take reasonable steps to secure the Rental, its keys, key fobs, or other remote entry and starting devices.
G. Driving or operating the Rental while using a hand-held wireless communication device or other device that is capable of receiving or transmitting telephonic communications, electronic data, mail or text messages shall be deemed a breach of the Rental Agreement.
6. Tolls, Fines, Expenses, Costs and Administrative Fees. Renter agrees to report to the Dealer and pay for all tolls and tickets (including for parking and moving or stationary traffic violations) incurred during the Rental Period. Renter agrees to pay or reimburse RvsEasy.com and Dealer for all fines, penalties, interest, and court costs for parking, traffic, toll and other violations, including storage liens and charges incurred as a result of the rental. Renter will also pay a reasonable administrative fee with respect to any violation of the Rental Agreement, Terms of Service or other Policies, such as for repossessing or recovering the Rental for any reason. Renter agrees that RvsEasy.com or Dealer may, in their sole discretion, pay all tickets, citations, fines, penalties and interest on Renter’s behalf directly to the appropriate authority and Renter will pay RvsEasy.com or Dealer what was paid to the appropriate authority or their designated agents plus a reasonable administrative fee and any attorneys’ fees and expenses incurred. Renter agrees and acknowledges that RvsEasy.com and Dealer may cooperate with all federal, state/provincial, municipal and local officials charged with enforcing these infractions to provide any information necessary as they may request or may otherwise be required.
Renter authorizes RvsEasy.com to release the rental and credit/debit card information regarding the rental to any agent RvsEasy.com may authorize to act on its behalf for the purpose of processing and billing Renter for any tickets, citations, fines and penalties incurred by Renter or assessed against RvsEasy.com, the Dealer or the Rental during the rental plus a reasonable administrative fee. Renter authorizes RvsEasy.com’s agent to bill Renter directly to the credit/debit card used to book the rental. Renter authorizes RvsEasy.com’s agent to contact Renter directly regarding any tickets, citations, fines and penalties incurred by Renter or assessed against RvsEasy.com, the Dealer or to Rental while its was rented to Renter.
In the event RvsEasy.com uses a third party collection service or agent to resolve any tickets, citations, fines, penalties, and interest, Renter agrees to pay all costs and collection fees including but not limited to administrative and legal costs to such agent upon demand without protest.
Renter acknowledges that Renter has no right to contest any such infraction or enter any plea other than guilty or no contest unless RvsEasy.com or Dealer consent to such action, provided that the penalty for the infraction is only the payment of money and does not involve any other administrative, civil, or criminal penalty.
Renter agrees to indemnify and hold RvsEasy.com and Dealer and any other agent RvsEasy.com authorizes harmless for any such tickets, citations, fines, penalties, interest and administrative fees.
7. Departure Policy. Dealer shall ensure that the Rental Renter is picking up is clean on the interior and exterior and is in a safe and roadworthy condition. If it is not, or if any of its components are not working as expected at any point in Renter’s trip, the Renter must notify RvsEasy.com immediately by contacting Customer Support at support@rvseasy.com. Renter should submit photos or videos of any visible defects. Failure to do so may result in a denial of a reimbursement or dispute request following completion of the booking.
Dealer agrees that they will take photos within 24 hours of departure of the exterior and interior of the Rental or insurance coverage will not apply.
Dealer and Renter acknowledge it is their joint responsibility to ensure towables are properly hitched at the time of departure, with appropriately sized ball mounts and sway bars as necessary. Renter further acknowledges that their vehicle has sufficient towing capacity. Failure to do so may result in the denial of any damage claims.
8. Hauling and Delivery. Renter’s liability for damages relating to delivered Rentals begins when Renter takes possession of the keys and ends when the Rental is returned to the Dealer or their designated delivery driver. Any damage that occurs during the delivery or return of the Rental is the responsibility of the Dealer up to the amount of the deductible. All delivery drivers of insured vehicles must be approved via the RvsEasy.com verification check or must have provided additional proof of insurance coverage through a reputable third party insurer.
9. Return Policy. Renter agrees to return or leave the rental unit no later than the checkout time indicated on the Booking Confirmation or such other time as mutually agreed to by the Dealer. If Renter cannot drop Rental off on the scheduled date of return, Renter must extend the rental solely on the RvsEasy.com platform with Dealer’s permission. Renter agrees that Renter no longer has permission to stay in the Rental in the event that the unit is not vacated or returned by the return date, and Dealer is entitled to make Renter vacate the Rental and return all property and keys in a manner consistent with local, state, and federal law. In addition, Renter agrees that their credit card on file will be charged a one-time $30.00 administrative fee plus the hourly rental rate based on a prorated daily rental rate for the rental unit for each hour the Rental is late. Renter agrees that their credit card on file will be charged a $100.00 administrative fee plus the full daily rate for every eight (8) hours the Rental is late in the event that the Dealer must cancel another confirmed and paid for RvsEasy.com booking due to the late return. The Rental must be returned in the same condition as it was at the time of pickup (clean on the interior and exterior and in full working order). Dealer and Renter should take photos of the unit at the time of return. Any variable charges may be assessed and charged against the security deposit.
Dealer agrees that they will take photos within 48 hours of return of the exterior and interior of the Rental or insurance coverage will not apply.
10. In the event of any loss or damage to the Rental, or any personal property or bodily injury claim that occurs during the Rental Period due to any cause regardless of fault, including, but not limited to, collision, rollover, theft, vandalism, seizure, fire, flood, wind, hail or other acts of nature or God, Renter is responsible and is required to pay up to the deductible outlined in the protection package of their choice. In the event Renter has violated this Agreement or RvsEasy.com’s Terms of Service or Policies, Renter will be held responsible for the full amount of the claim including any insurance deductible.
When accepting the Rental, Renter and Dealer, or authorized representative of Dealer, will complete and sign the Departure Form for the Rental, noting in writing and/or time stamped photos, digitally or electronically, any and all defects or damage to the Rental prior to Renter’s acceptance of same.
Upon return of the Rental, Renter and Dealer, or authorized representative of Dealer, must document the condition of the Rental via photos up to 24 hours before the trip starts and no later than 48 hours after the trip ends. This is a requirement for insurance coverage. Both Parties may also use the Departure and Return forms to supplement the photos, but understand this is not a qualified substitute for the photo requirements. Departure and Return forms cannot be altered after signing without the express written consent and signing by both Parties. Any alterations made without the express consent of Renter or Dealer may result in any claims being denied. RvsEasy.com and Dealer are not responsible for personal property left in the Rental. All damage to the Rental noted in the executed Return Form which is not listed in the executed Departure Form shall be the sole responsibility of Renter. Renter shall reimburse the Dealer for the cost of the repair if RvsEasy.com deems Renter is responsible for the damage.
To the extent that the security deposit paid to Dealer is insufficient to cover the damages incurred by Renter, Renter will pay Dealer the difference via the qualified insurance policy or out of pocket if such damage is not covered under the insurance policy. Renter must report all accidents or incidents of theft or vandalism to the police as soon as discovered and to the Dealer via RvsEasy.com message, and provide a copy of the police report to Dealer and RvsEasy.com. Renter must report all accidents involving the Rental to Dealer within 24 hours of the occurrence and provide a copy of the accident report to the Dealer. In the event of vandalism or if damage occurred as a result of vandalism or a hit and run, no insurance claim can be processed without a police report. Dealer must report all accidents involving the Rental to RvsEasy.com within 48 hours of return of the Rental and provide supporting documentation such as photos, video, police report or statements. How do I file a claim?
Some Rentals are equipped with awnings. Awning usage may be restricted by Dealer. If Dealer does not provide express consent to use the awning during the Rental Period, and the awning is damaged during the Rental Period or causes damage to a third party, Renter will be wholly responsible for the full cost of repair and such damages. In the event that the Dealer authorizes the use of the awning during the rental period, the fabric of the awning must be kept in the possession of the Renter and returned to the Dealer in order for damages to be covered by the purchased protection package.
If the Rental is returned to Dealer outside of regular business hours, Renter shall remain responsible for any damage or theft of the Rental occurring prior to Dealer’s acceptance of the return of the Rental during regular business hours, up to a limit of 48 hours. If Renter provides photos of the RV at the time of dropoff that clearly indicate no damage sustained, RvsEasy.com will make a determination as to the validity of any subsequent claims.
11. Indemnification and Waiver by Renter. Renter shall forever defend, indemnify, and hold RvsEasy.com and Dealer (including but not limited to the titled owner), and their officers, directors, employees, agents, and parent and affiliated companies, harmless from all losses, liabilities, damages, injuries, claims, demands, awards, costs, attorney fees, and other expenses incurred by them in any manner from this rental transaction or from the use during the Rental Period by Renter or any person, including claims of, or liabilities to, third parties or resulting from latent or other defects whether or not discoverable by Renter or Dealer. This indemnity shall continue in effect at all times despite the return of the Rental before or after expiration of the contract terms whether by formal request from Dealer or otherwise. It is agreed and understood that Dealer or RvsEasy.com has the right to control the defense of any such claim.
RENTER WAIVES AND RELEASES RVSEASY.COM AND OWNER FOR ANY CLAIM OR LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST OR IMPUTED PROFITS OR REVENUES OR COSTS ARISING FROM OR RELATED TO THE RENTAL REGARDLESS OF THE LEGAL THEORY UNDER WHICH LIABILITY IS ASSERTED AND REGARDLESS OF WHETHER OWNER OR RVSEASY.COM HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LIABILITY, LOSS OR DAMAGE.
12. Dealer’s Limitation of Liability. THE RENTER AGREES, ON BEHALF OF HIMSELF/HERSELF AND ANY PASSENGERS OR USERS OF THE RENTAL, THAT THEIR EXCLUSIVE REMEDY FOR ANY AND ALL CLAIMS OF DAMAGE OR LOSS RELATED TO USE OF THE RENTAL SHALL BE LIMITED TO THE TOTAL RENT PAID OR PAYABLE BY RENTER TO OWNER UNDER THIS AGREEMENT.
13. Indemnification and Waiver by Dealer. Dealer shall forever defend, indemnify, and hold RvsEasy.com, and its officers, directors, employees, agents, and parent and affiliated companies, harmless from all losses, liabilities, damages, injuries, claims, demands, awards, costs, attorney fees, and other expenses incurred by them in any manner from this rental transaction or from the use of the Rental by Renter or any person, including claims of, or liabilities to, third parties. OWNER WAIVES AND RELEASES RVSEASY.COM AND RENTER FOR ANY CLAIM OR LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE RENTAL OR BOOKING.
14. RvsEasy.com’s Limitation of Liability. RENTER AND OWNER AGREE THAT RVSEASY.COM’S AGGREGATE TOTAL LIABILITY UNDER ANY THEORY WHATSOEVER IN CONNECTION WITH ANY RENTAL OR BOOKING SHALL NOT EXCEED THE TOTAL SERVICE FEES EARNED AND RECEIVED BY RVSEASY.COM FOR SUCH BOOKING. IN NO EVENT SHALL RVSEASY.COM, ITS AFFILIATES, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS OR REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND. IN ADDITION, RVSEASY.COM IS NOT LIABLE FOR ANY LOST PROFITS OR REVENUES, INCLUDING DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, DATA LOSS, FRAUD LOSSES, LOSSES OF BUSINESS OPPORTUNITIES, LOSSES DUE TO CRIMINAL CONDUCT BY OWNER, RENTER, PASSENGERS OR THIRD PARTIES, LOSSES IN CONNECTION WITH CHARGEBACKS, PAYMENT PROCESSOR DISPUTES, LOSSES DUE TO THE CONDUCT OF PAYMENT PROCESSORS, LOSSES DUE TO FALSE FRAUD SCREENING OR IN ANY OTHER WAY IN CONNECTION WITH OR ARISING OUT OF THE RENTAL OR BOOKING, RENTER OR OWNER’S USE OF THE RVSEASY.COM TECHNOLOGY PLATFORM OR IDENTITY VERIFICATION SERVICES, FAILURES OF THE INTERNET, SYSTEMS, COMPUTER FAILURES, AND TAXES OR DUTIES, WHETHER THE DAMAGE CLAIMS ARE BASED IN CONTRACT, NEGLIGENCE, TORT, WARRANTY, STRICT LIABILITY OR ANY OTHER THEORY AT LAW OR EQUITY.
15. Property in the Rental. RvsEasy.com and Dealer are not responsible for loss of, theft, or damage to any property in or on the Rental, in any service vehicle, such as a transit van or bus, on RvsEasy.com’s or Dealer’s premises, or received or handled by them, regardless of who is at fault. Renter will be responsible to RvsEasy.com and Dealer for claims by others for loss or damage caused by renter’s property.
16. Rental Fees and Charges. By entering into a confirmed booking, Renter acknowledges that he/she has been given an opportunity to read the terms of this Agreement and terms of the Services before being asked to take possession of the Rental. Additionally, Renter expressly authorizes RvsEasy.com to process a charge to the credit card(s) listed on file for all rental and claim related charges due under this Agreement or RvsEasy.com’s Terms of Service and Policies. All rental fees and other charges must be paid prior to the Rental pickup, including security deposits. Failure to pay all rental fees and other charges, including security deposit, may result in the cancellation of the Rental and forfeiture of Rental fees.
17. Security Deposit & Authorization. A security deposit from Renter is required two days prior to pick up and will be refunded when all costs are paid pursuant to the terms of this Agreement and the RvsEasy.com Terms of Service. The amount of the security deposit is stated in the booking confirmation. Dealer may use Renter’s security deposit to pay any amounts owed under this Agreement. If the amount of the security deposit is insufficient to satisfy all amounts due, Renter agrees to pay all charges in excess, either by use of the credit card provided or some other agreed upon means. If Renter's period is for more then 6 nights, RVsEasy charge security deposit to Renters credit card plus any additional credit card fees unless security deposit is made by check.
Minimum requirements for return of the security deposit include:
- At the time of return, Rental is cleaned to the same condition or better than when picked up;
- Fuel levels are equal to or above the level provided at the time of departure handoff;
- Holding tanks are properly emptied to or below the level at time of departure handoff;
- No damage sustained to the Rental (including interior damage);
All variable charges including, but not limited to: mileage or generator overages, tolls, parking or other tickets are paid in full. At the time of rental, a charge will be authorized by Renter to cover any amounts payable pursuant to this Agreement and the Terms of Service, and by accepting the Rental Renter understands and expressly consents to use of the charge card for such purposes.
Dealer has up to 48 hours from the return of the unit to inspect the unit for damages and notify RvsEasy.com by filing a claim, as well as contact Renter via email or dashboard message. The security deposit will be returned automatically within 7 days if there are no damages to the Rental or ancillary overages or fees due. Notwithstanding the foregoing, as described herein, certain charges (e.g., tickets, toll fees, etc.) will be charged to Renter at the date of discovery by Dealer.
AS DESCRIBED IN THIS AGREEMENT OR THE RVSEASY.COM TERMS OF SERVICE AND POLICIES, ALL APPLICABLE CHARGES WILL BE DEDUCTED FROM THE SECURITY DEPOSIT, INCLUDING BUT NOT LIMITED TO:
Smoking: No smoking is allowed in the Rental unless expressly authorized by the Dealer in the booking. Smoke odors in returned Rentals will result in additional fees set by Dealer
Interior Damage: Renter is fully responsible for any and all damage to the interior of the Rental, including but not limited to damage to appliances, cabinets, floors, and bathroom fixtures. Renter acknowledges he/she may purchase interior Damage Protection that covers them up to a limit of $1,500 for covered losses. For any damages not covered under the Damage Protection plan, or if the Damage Protection limit is not sufficient to cover the damages sustained, Dealer will deduct the balance from the security deposit, and Renter agrees to pay any balance above the security deposit and/or Damage Protection coverage limit.
18. Maintenance. Dealer is responsible for checking all fluid levels (e.g., oil and coolant), air tire pressure, lug nuts and wheels immediately prior to rental departure and must complete a safety inspection within 90 days prior to each booking. Should a breakdown or tire blowout occur due to lack of maintenance, wear and tear or manufacturer defect, Dealer acknowledges their claim may be denied. RvsEasy.com reserves the right to request inspection and maintenance records dated within 90 days of the start of the booking and performed by a certified mechanic. Dealer acknowledges that a claim or dispute may be denied if there are missing or insufficient maintenance records.
19. Repairs and Roadside Assistance. In the unlikely event of a breakdown or mechanical issue with the Rental during the Rental Period, RvsEasy.com offers Roadside Assistance service with qualified bookings. If emergency repairs are required, repairs under $200 should be completed and paid for by Renter. Repairs over $200 must have prior authorization from the Dealer. Renter must save and submit all repair receipts for review when the Rental is returned. Reimbursement will depend on the type of repair and its cause.
Roadside assistance is currently included in eligible bookings with a purchased RvsEasy.com Protection Package. If the Protection Package purchased does not include roadside assistance services, Renter may apply and pre-pay for roadside assistance through RvsEasy.com. Roadside assistance services are provided per the terms and restrictions issued by the roadside assistance provider.
20. Insurance & Costs. Renter is responsible for all damages or losses caused to themselves, their property, the Rental, and/or third parties if RvsEasy.com deems Renter responsible. Renter must be approved for insurance for the Rental through RvsEasy.com or must provide Dealer with an insurance binder indicating Renter has motor vehicle liability that satisfies each state’s legal minimum requirement, collision and comprehensive insurance covering the Renter, the Dealer, and/or third parties for the Rental being driven or towed. Renter is solely responsible for any and all parking tickets, citations, toll charges and other charges issued during Renter’s possession of the Rental. Renter acknowledges that any insurance outside of the RvsEasy.com Protection Packages is primary over the coverage provided in the package. Except where required by law to be primary or excess, any protection provided through RvsEasy.com shall be secondary to, and not in excess of, any applicable insurance available to Renter, or any other driver, from any other source, whether primary, excess, secondary or contingent in any way.
21. Disputes. The parties agree that all disputes or claims arising out of or relating to this Agreement or Renter’s use of the Rental (whether based in contract, tort, statute, or any other legal theory) will be governed by the arbitration and dispute resolution procedures described in RvsEasy.com Terms and Conditions. The Parties further agree that such arbitrations shall be conducted in the County where the Dealer has its primary residence or place of business nearest to where the Rental was picked up. This Agreement shall be construed in accordance with the laws of the state of Dealer’s principal place of business or primary residence. Renter agrees that in the event Dealer prevails in a suit to enforce this Agreement, Dealer shall be entitled to recover all its costs and reasonable attorney’s fees incurred in that action.
22. Cooperation. The Parties agree to cooperate and coordinate with RvsEasy.com and each other generally and to take any actions RvsEasy.com reasonably requests in connection with (i) this Rental Agreement, (ii) the pickup, use and return of the Rental, and (iii) any disputes, actions, proceedings, suits, and investigations related to the Rental or Renter’s use of the Rental, including without limitation, execution and delivery of any documents RvsEasy.com reasonably requests, giving testimony under oath, and taking any other actions RvsEasy.com reasonably requests related to this Rental Agreement or the Rental or the rental transaction.
Unless prohibited by law, Renter releases Dealer and RvsEasy.com from any liability for consequential, special, and/or punitive damages in connection with the Rental. Renter shall hold harmless other client owners, Dealer, RvsEasy.com and its authorized agents and employees from and against any and all loss, bodily injury, damages, and expenses, including legal expenses, of any kind arising from the Rental during Renter’s possession extending to such time the Rental is completed and cleared by Dealer, including without limitations, latent and other defects whether or not discoverable by Renter or Dealer. This indemnity shall continue in effect at all times despite the return of the Rental before or after expiration of the contract terms whether by formal request from Dealer or otherwise. It is agreed and understood that Dealer may control the defense of any such claim.
Additional Conditions
This Agreement does not create any type of partnership between Renter and Dealer or Rental Dealer. This Agreement may not be cancelled or modified except in writing signed by all parties.
RENTER FURTHER HEREBY AGREES TO INDEMNIFY, SAVE, AND FOREVER HOLD HARMLESS DEALER AND RENTAL OWNER FROM ANY AND ALL LIABILITY, CLAIMS, OR CAUSES OF ACTION OF ANY KIND OR CHARACTER WHATSOEVER, AND BY WHOMEVER ASSERTED, ARISING FROM OR IN ANY WAY GROWING OUT OF THE OPERATION OR USE OF THE RENTAL UNDER THIS AGREEMENT AND AGREES, IN SUCH EVENT, TO PROVIDE A DEFENSE THEREFORE AS CHOSEN AND DIRECTED BY DEALER AND TO PAY ANY EXPENSES IN THE DEFENSE OF ANY SUCH CLAIM OR LAWSUIT THIS AGREEMENT INCLUDES, BUT IS NOT LIMITED TO, CLAIMS OF NEGLIGENCE OR GROSS NEGLIGENCE ON THE PART OF DEALER ANO/OR THE RENTAL OWNER.
RENTER UNDERSTANDS AND AGREES THAT AS PART OF THE CONSIDERATION OF DEALER RENTING THE VEHICLE TO RENTER, RENTER DOES HEREBY ASSIGN TO DEALER ANY CAUSE OF ACTION JUDGMENT OR SETTLEMENT AS THE RENTER MAY HAVE AGAINST ANY PERSON, FIRM OR CORPORATION, INCLUDING BUT NOT LIMITED TO DEALER AND/OR THE RENTAL OWNER, TO SECURE SATISFACTION AND DISCHARGE OF ANY JUDGMENT OVER AND AGAINST DEALER AND/OR THE RENTAL OWNER FOR ACTUAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, AND/OR CLAIMS FOR INDEMNITY AND/OR CONTRIBUTION, STATUTORY, CONTRACTUAL OR OTHERWISE.
Contacting RvsEasy.com
If you have any questions about these Terms of Service, please contact RvsEasy.com Support via a support ticket at www.rvseasy.com.