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RV Rental Terms and Conditions
- Definitions. "Agreement" means all terms and conditions found in these Terms & Conditions, the Face Page, any addenda and any additional materials that we provide and that you sign at the time of rental. "You" or "your" means the person identified as the renter in this Agreement, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or the renter's direction. All persons referred to as "you" or "your" are jointly and severally bound by this Agreement. "We", "our" or "us" means Long View RV Rentals. "Authorized Driver" means the renter and any additional driver(s) listed by us on this Agreement. Each Authorized Driver must have a valid driver’s license and be at least 25 years of age. Only Authorized Drivers are permitted to drive the vehicle. "Vehicle" means the recreational vehicle identified in this Agreement and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, appliances, keys and vehicle documents. “CDW” means Collision Damage Waiver. "Loss of use" means the loss of our ability to use the Vehicle for our purposes due to Vehicle damage or loss during this rental, including, without limitation, use for rent, display for rent and sale, opportunity to upgrade or sell, or transportation of employees. “Diminished Value” means the difference between the fair market value of the Vehicle before damage and its value after repairs as calculated by a third-party estimate obtained by us or on our behalf. “Charges” means the fees and charges that are incurred under this Agreement. “Rental Period” means the period between the time you take possession of the Vehicle until the Vehicle is either returned to or recovered by us and checked in by us.
- Rental, Indemnity and Warranties. This is a contract for the rental of the Vehicle. We may repossess the Vehicle at your expense without notice to you if the Vehicle is abandoned or used in violation of law or this Agreement. You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental and your use of the Vehicle or our repossession of it. We make no warranties, express, implied or apparent, regarding the Vehicle, no warranty of merchantability and no warranty that the Vehicle is fit for a particular purpose.
- Condition and Return of Vehicle. You must return the Vehicle to our rental office or other location we specify, on the date and time specified in this Agreement. The Vehicle must be returned in the same condition that you received it, except for ordinary wear. If you wish to extend the Rental Period, you must return the Vehicle to our rental office for inspection and written amendment by us before the due-in date. If the Vehicle is returned after closing hours, you remain responsible for the loss of and any damage to the Vehicle until we inspect it upon our next opening for business, and Charges may continue to accrue. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior written approval. You must check and maintain all fluid levels and return the Vehicle with at least the same amount of gas as when rented.
- Responsibility for Damage or Loss; Reporting to Police. You are responsible for all damage to or loss or theft of the Vehicle, including damage caused by weather, acts of god or terrain conditions. Your responsibility will include: (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle, less salvage; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which is measured by multiplying your night90ly rental rate by either the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty; (c) an administrative fee, calculated based on the damage repair estimate as follows, which you agree is reasonable: $0-$250 damage=$50 fee; $251-$500 damage=$75 fee; $501-$750 damage=$100 fee; $751-$1500 damage=$150 fee; $1501-$2500 damage=$200 fee; over $2500 damage=$250 fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. You must report all accidents or incidents of theft and vandalism to us and the police as soon as you discover them.
- Prohibited Uses; CDW. The following uses of the Vehicle are prohibited and are material breaches of this Agreement. The Vehicle shall not be used: (a) by anyone who is not an Authorized Driver, or by anyone whose driving license is suspended in any jurisdiction; (b) by anyone under the influence of a prescription or non-prescription drug or alcohol; (c) by anyone who obtained the Vehicle or extended the Rental Period by giving us false, fraudulent or misleading information, or who withheld information that would have caused us not to rent the Vehicle; (d) in furtherance of any illegal purpose or under any circumstance that would constitute a felony or other violation of law (other than a minor traffic violation); (e) to carry persons or property for hire; (f) to push or tow anything, to teach anyone to drive, or to carry objects on the roof of the Vehicle; (g) in any race, speed test or contest; (h) to carry dangerous or hazardous items or illegal materiel; (i) outside the United States, Canada or the geographic area indicated elsewhere in this Agreement; (j) when loaded beyond its capacity as determined by the manufacturer of the Vehicle; (k) on unpaved surfaces, except at licensed public campgrounds; (l) to transport more persons than the Vehicle has seat belts, or to carry persons outside the passenger compartment; (m) to transport children without approved child safety seats as required by law; (n) when the odometer has been tampered with or disconnected; (o) when the Vehicle's fluid levels are low, or it is otherwise reasonable to expect you to know that further operation would damage the Vehicle; (p) in a manner that causes damage to the Vehicle due to inadequately secured cargo; (q) after an accident with the Vehicle unless and until you summon the police to the accident scene; (r) to transport an animal (other than a service animal); (s) in or through a structure of an underpass, gas station, drive-through, or other object where there is insufficient clearance (width or height); (t) by anyone who is sending an electronic message, including text (SMS) messages or emails, while operating the Vehicle; or (u) in violation of any “Rules of the Road,” vehicle safety and operations training, or other similar materials or instructions that we provide to you at the time of rental. Sitting, standing or lying on the roof of the Vehicle and smoking in the Vehicle also are prohibited. PROHIBITED USE OF THE VEHICLE VIOLATES THIS AGREEMENT AND VOIDS ALL LIABILITY AND OTHER INSURANCE COVERAGE (WHERE PERMITTED BY LAW). If you purchase CDW, subject to the terms of this Agreement, we will waive our right to hold you financially responsible for damage to the Vehicle. CDW is not insurance, is optional, and may duplicate coverage under your own insurance policy or credit card (either may provide coverage for collision damage, fire, theft damage and/or personal injury incurred while using a rented vehicle). CDW does not apply to Optional Equipment. If you use the Vehicle for a prohibited use described above, your CDW will be invalidated, and we will not waive our right to hold you financially responsible for loss of or damage to the Vehicle. In addition, CDW may be invalidated if the Vehicle is stolen and you fail to return the Vehicle keys or ignition devices that we gave you at the start of the rental. Notwithstanding the purchase or other availability of CDW or any other coverage that you may have, you agree to cooperate with us or our assignees in the investigation of any damage incident or claim, of any size. Failure to do so may invalidate optional protection that you purchase, including CDW. Our CDW limit is $1,000.00. The CDW limit applies to EACH accident separately not cumulatively. The daily cost of collision damage waiver is $12.95. The annualized rate collision damage waiver is $4,726.75.
- Optional Equipment. We offer certain Optional Equipment, including navigational systems, kitchen or linen packages, and child safety seats, upon request and subject to availability for your use during the rental at an additional charge. All Optional Equipment is rented AS IS and must be returned to us at the end of the rental in the same condition as when rented. If you rent a child safety seat, you must inspect and install the child seat into the Vehicle yourself. If you rent a GPS device, you should review the operational instructions before leaving the rental location.
- Insurance. You are responsible for all damage or loss you cause to the Vehicle and to others. You agree to provide auto liability, collision and comprehensive insurance covering you, us, and the Vehicle. Your insurance coverage will provide at least the minimum limits of coverage required by the financial responsibility laws of the state where the loss occurs. We also provide an insurance policy (“Policy”) that provides auto liability coverage for bodily injury and property damage to third parties with limits no higher than the minimum amounts stated in the financial responsibility insurance laws of the state whose laws apply to the loss. Any insurance we are required to provide is excess to any other valid and collectible insurance whether primary, secondary, excess or contingent. The Policy contains exclusions, conditions, and limitations applicable to anyone claiming coverage. PIP, medical payments, no-fault, uninsured or under-insured motorist coverage will be for the minimum limits required by applicable law. To the extent such protection is imposed by operation of law, that protection will be for the minimum limits required by applicable law. You must: (a) report all damage to us and all accidents to us and the police as soon as you discover them and complete our incident report form; and (b) provide us with a legible copy of any service of process, pleading, or notice of any kind related to an accident or other incident involving the Vehicle. Coverage under the Policy is void if you give the Vehicle to an unauthorized driver or otherwise materially breach this Agreement; or if you fail to cooperate in a loss investigation or to file a timely and accurate incident report.
- Charges and Costs. You permit us to reserve against your credit/debit card (“Reserve”) or take a cash deposit (“Deposit”) at the time of rental a reasonable amount in addition to the estimated charges. We may use the Reserve or Deposit to pay all Charges. We will authorize the release of any excess Reserve or refund any excess Deposit after the completion of your rental. Your debit/credit card issuer’s rules will apply to your account being credited for the excess, which may not be immediately released by the card issuer, and refund of your Deposit may require up to 21 days to process and return. You will pay us, or the appropriate government authorities, at or before conclusion of this rental or on demand all Charges, including: (a) base rental rate for the Rental Period; (b) excess mileage fee if applicable (c) charges for additional drivers; (d) optional products and services you purchased; (e) gas, if you return the Vehicle with less gas than when rented; (f) taxes and surcharges; (g) all expenses we incur in locating and recovering the Vehicle if you fail to return it or if we elect to repossess the Vehicle under the terms of this Agreement; (h) all costs, including pre- and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (i) a reasonable fee not to exceed $500.00 to clean the Vehicle if returned substantially less clean than when rented; (j) a fee of up to $250.00 if you lose the keys to the Vehicle; (k) a surcharge if you return the Vehicle to a location other than the location where you rented the Vehicle or if you do not return it on the date and time due, and you may be charged the standard rates for each day (or partial day) after the due-in date, which may be substantially higher than the rates for the initially agreed rental period if a special or promotional rate applied to the initially agreed rental period; and (l) replacement cost of lost or damaged parts and supplies used in Optional Equipment. You are responsible for paying the charging authorities directly all tolls (“Tolls”) and parking citations, photo enforcement fees, fines for toll evasion, and other fines, fees, and penalties (each a “Violation”) assessed against you, us or the Vehicle during the Rental Period. If we are notified by the charging authorities that we may be responsible for payment of a Toll or Violation, you will pay us or a processing firm (“Processor”) of our choosing an administrative fee of up to $50 for each such notification. You authorize us to release your rental and payment card information to a Processor for processing and billing purposes. If we or the Processor pay a Toll or Violation, you authorize us or the Processor to charge all such payments, service fees and administrative fees to the payment card you used in connection with this rental. All Charges are subject to our final audit. If errors are discovered after the close of this transaction, you authorize us to correct the Charges with the payment card issuer.
- Your Property. You release us, our agents and employees from all claims for loss of or damage to personal property, whether yours or that of any other person, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility. This includes personal property that we received, handled, stored, or that was left in or on the Vehicle, in any service vehicle, or in our offices.
- Our Responsibility to You if the Vehicle becomes Inoperable. If the Vehicle becomes inoperable for more than 24 hours, our liability to you is limited to the nightly rental rate times the number of days the Vehicle is inoperable.
- Personal Information. You agree that we may disclose personally identifiable information about you to applicable law enforcement agencies or to other third parties in connection with our enforcement of our rights under this Agreement and other legitimate business functions. Questions regarding privacy should be directed to the location where you rented the Vehicle.
- Miscellaneous. No term of this Agreement can be waived or modified except by a writing that we have signed. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement. Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. This Agreement will be governed by the substantive law of the jurisdiction where the rental commences, without giving effect to the choice of law rules thereof, and you irrevocably and unconditionally consent and submit to the nonexclusive jurisdiction of the courts located in that jurisdiction.
- Vehicle – Reservation. The reservation confirms rental dates, time and a general vehicle type range. The reservation does not reserve a specific vehicle, size, type, color, floor plan or model year. We reserve the right to fill reservations within the category reserved and may substitute upgraded vehicles if the reserved Vehicle is unavailable at the time of departure.
- Vehicle – Condition and Return. You must return the Vehicle to our rental office or other location we specify, on the date and time specified in this Agreement, and in the same condition that you received it, except for ordinary wear. If the Vehicle is returned after closing hours, you remain responsible for the safety of, and any damage to, the Vehicle until we inspect it upon our next opening for business.
- MBA SLI. You are responsible for all damage or loss you cause to others. Supplemental Liability Insurance is excess liability insurance that protects you and any authorized driver, as defined in the rental agreement, against third party automobile claims for bodily injury and property damage caused during permitted use of the rental vehicle. Our rental agreement provide some minimum protection for third party liability. MBA SLI provides you with the following benefits: 1) When you accept MBA SLI, the policy may provide you with excess coverage for the difference between that provided in your rental agreement (minimum requirement is the state financial responsibility mandated by the applicable insurance jurisdiction) and $1,000,000. ($300,000 for Motorcycles). 2) Property Damage limitation is $50,000 ($10,000 for Motorcycles) on any claim and this limit is included in the liability limit of $1,000,000 ($300,000 for Motorcycles). Policy limits are in excess of any/all valid and collectible underlying insurance. 3) If there is any other valid and collectable insurance in effect (i.e. personal automobile liability coverage) then the available protection under MBA SLI Coverage would be reduced by the amount of the underlying insurance. The purchase of MBA SLI is not required in order to rent a vehicle. MBA SLI may provide a duplication of coverage already provided by your personal insurance policy, homeowner's insurance policy, personal liability insurance policy, or other source of coverage. Acceptance is proof of coverage under the policy issued to you. MBA SLI is provided through an independent insurance company.
- Security Deposit. A $1,000 security deposit is required before departure and is payable in cash or by credit card. This deposit covers any damage to the Vehicle during the rental period, regardless of fault. It also covers any additional charges (fuel, additional mileage, additional days, etc.) incurred related to the rental that were not charged elsewhere in the rental contract, including traffic tickets or other fines incurred. This deposit also covers all costs and our lost time ($75/hr.) including pre- and post-judgment legal and collection fees we incur collecting payment from you or otherwise enforcing our rights under this contract. The deposit may be held until the completion of any legal or collection action. The deposit, or unused portion, is refundable within 14 days. We may use your deposit to pay any amounts owed to us under this Agreement.
- Cancellation Policy. Reservation cancellations over 21 days before departure will incur no cancellation fee. Reservation cancellations between 14 and 20 days before departure are subject to a $200 cancellation fee. Reservations cancelled less than 13 days before departure are subject to a $500 cancellation fee. Any cancellation fees collected by us can be used by you for a rental reservation made within one year of the original cancellation.
- Modifications. No term of this Agreement can be waived or modified except by a written agreement that we have signed. If you wish to extend the rental period, you may be required to return the Vehicle to our rental office for inspection and written amendment by us of the due-in date. This requirement is at our sole discretion. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void.
- Maintenance and Breakdown. 1) You are responsible for checking the engine oil, fluids and coolant levels at each refueling, as well as reporting any mechanical failures to us immediately. 2) We are not liable for your expenses due to unforeseen breakdowns beyond our control. 3) You are responsible for all damage or repair due to negligence or failure to provide maintenance while you are responsible for the Vehicle. 4) In the event the Vehicle is in breakdown repair for 12 hours or more, through no fault of yours, our responsibility to you is limited to refund of the daily rate or portion thereof. Radio, automatic steps, air conditioning, refrigerator, microwave and appliances, cruise control and generator malfunctions are not considered breakdowns and no refunds are available for repair to these items. 5) You agree to obtain prior authorization from us for all repairs or replacements to the Vehicle, or you will be fully liable for all these expenses and all damage that may result from improper repair or replacement. 6) Any windshield or window damage will result in replacement of the windshield or window. This is for safety considerations. Our insurance does not cover this cost, unless it is associated with collision or comprehensive incident. 7) You acknowledge that all tires are in proper order upon signing check out form. Flat or leaking tire replacement or repair is your responsibility. 8) Damage below the bumper top line and above the windshield top line is your sole responsibility. You agree to financial responsibility for the repair or replacement of all damaged items, per this section 17.
- Roof Access. All members of your rental party are expressly prohibited from use of the roof ladder and roof. Any evidence of use or access of either of these items will result in full forfeiture of your Security Deposit in addition to any damage incurred.
- Pick up and Return. You will be able to pick up the Vehicle between 1:00pm and 4:00pm, Monday through Friday. You are required to return the Vehicle between the hours of 9:00am and 11:00am, Monday through Friday. If you choose to return the Vehicle after our normal business closing hours, you remain responsible for the safety of and any damage to the Vehicle until we inspect it upon our next opening for business.
- No Pets. You acknowledge that no pets or animals of any kind are allowed in the Vehicle at any time, unless prior written permission is granted in writing. If granted, you agree to follow all requirements and pay all charges of the Pet Addendum. Included in this restriction are pets or animals belonging to friends, neighboring campers, fellow campers, or strays.
- Carpet & floors. You acknowledge and agree that you are fully responsible for any and all damage that occurs to the carpeting or flooring in the Vehicle. You hereby agree to pay for all cleaning and/or damage that may occur for any reason.
- Refrigerator. You acknowledge that the Vehicle’s refrigerator may not stay cold while operating normally and properly, due to the following reasons: a) hot weather; b) Vehicle being out of level, c) frequent opening of its door, d) overfilling the compartment, e) food or other items blocking the vents and/or f) filling the compartment before it has had time to cool down. You agree to pack the compartment properly. You relieve us of all responsibilities or costs in its operation or use.
- Air Conditioner. You acknowledge that the roof air conditioner(s) in the Vehicle may not cool the Vehicle in hot weather, and that this is normal to the operation of these units. You agree that the following circumstances may cause this condition: a) hot weather, b) inadequate power to the units and/or c) turning the units on after it is already hot in the Vehicle. You acknowledge that normal operation of the air conditioners allows for only approximately 10 to 15 degree cooling below outside temperatures on hot days. You acknowledge the air conditioner is in proper working order, and agree not to set the thermostat below 72°F because damage that cannot be repaired may occur. You are fully responsible to replace the unit, and this damage is not covered by insurance. We do not warrant roof air conditioner operation when ambient outdoor air temperature is above 94°F.
- Mileage. You are credited with free miles of travel for every night of this rental agreement (100 miles during Peak Season, 125 miles during Off-peak Season). Additional mileage charges, in excess of your free miles are charged as follows: a) the next 300 miles are charged at $0.35 per mile b) the next 1,000 miles are charged at $0.70 per mile and c) all additional miles are charged at $1.25 per mile.
- Fuel. You will receive your Vehicle with a full tank of gasoline. You must return it the same way. You are responsible for all the gasoline you use during your trip. If you choose to return your Vehicle with less than a full tank of gasoline we will fill it for you at a cost of $75.00 plus the cost of the gasoline. The Vehicle uses 87 octane (regular) gasoline. You will receive your Vehicle with a full tank of propane. You only need to refill it if you fully empty it and need to refill it for your comfort.
- Generator. You are allowed 2 hours of free generator use for every night that you rent. Time thereafter is billed at a rate of $3.00 per hour. If you use the generator you are responsible for maintaining the oil level at operating levels. Use 15W-40 oil to replenish as needed. Damage to our generator is NOT COVERED by the CDW nor is it covered by your SLI
- Awning Damage. Damage to any part of the awning on the RV is NOT COVERED by the CDW nor is it covered by your SLI.
- Cleaning Charges. A fee to clean your rental unit upon return has been included in this contract. If the unit requires additional cleaning beyond 3 hours, the additional fee will be $50.00 per hour. The fee is at our sole discretion.
- Waste Water. You acknowledge that the holding tanks in the Vehicle collect all the water waste and that they will fill very quickly with normal use. You agree to dump the waste tanks as needed to control odors and bacteria. You agree to apply chemicals after each dump of the black water waste tank.
- Toilet Clogs. You acknowledge that the toilet clogs each time food, wet wipes or trash is put into it. You also acknowledge that the toilet clogs if inadequate water is applied to properly flush the waste or toilet paper used. Adequate water is the amount of water needed to carry the waste into the holding tank. You agree to pay $250.00 hazardous materials sanitation fee if you return the Vehicle with any kind of toilet clog, plus the costs of any repairs or fines that may be incurred as a result.
- Towing. We do not allow towing behind our Vehicles under any circumstances.
- TV or Satellite Reception. You acknowledge that you are not guaranteed that the TV or satellite system will receive or process a signal at any time during the rental period. You understand that many external conditions effect television signal reception.