RENTAL CONTRACT ADDENDUM -
This Rental Agreement Terms and Conditions is between the vehicle owner {{Owner}} and the renter {{Renter}}. Please read entirely, sign and fax to 866.201.4309.
Definitions: "Agreement" means all terms and conditions
found in this form, any addenda and any additional materials we provide at the
time of rental. "You" or "Your" means the person identified
as the renter on this form, any person signing this Agreement, any Authorized
Driver and any person or organization to whom charges are billed by us at its
or the renter's direction. All persons referred to as "You" or
"Your" are jointly and severally bound by this Agreement.
"We", "our" or "us" means the vehicle owner named on this form. "Authorized Driver" means the renter, the renter's
spouse, the renter's employer and co-worker if engaged in business activity
with the renter while using the Vehicle, and any additional driver listed by us
on this Agreement, provided that, each such person has a valid driver's license
and is at least age 25. Only Authorized Drivers are permitted to drive the
Vehicle. "Vehicle" means the recreational vehicle, motor home, truck
camper or other motorized vehicle identified in this Agreement and any vehicle we
substitute for it, and all its tires, tools, accessories, equipment,
appliances, keys and vehicle documents. "Trailer" means the
non-motorized trailer identified in this Agreement and any trailer we
substitute for it. "RV" means recreational vehicle, which includes
trailers and motor homes listed in this Agreement. "Loss of Use"
means the loss of our right to use the Trailer/Vehicle for any reason-including
non-rental uses such as display of the Vehicle, display of the Vehicle for
sale, non-revenue transportation by employees-due to damage to it or loss of it
during this rental. "Fuel" means gasoline for a vehicle, generator
and propane.
1. Rental, Indemnity
and Warranties. This
is a contract for the rental of the RV written on this Agreement. We may
repossess the RV at Your expense without notice to You, if the RV is abandoned
or used in violation of law or this Agreement or we feel the RV is in any
danger due to actions or conversations between You and Us. If the RV is
repossessed, You agree to forfeit all monies associated with the lease of the
RV. 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 RV or our repossession of it. We make no
warranties, express, implied or apparent, regarding the RV, no warranty of
merchantability and no warranty that the RV is fit for a particular purpose.
2. Condition and Return
of RV. You
must return the RV to the same location you initially received it 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 and
tear. If the RV is returned after hours specified on the Rental Contract, You
remain responsible for its safety and any damage to the RV until we inspect it
upon our next opening for business and will be responsible for all late charges
of $50 for every hour the RV is returned late or up to $250 per day late.
Calling our office to notify us of Your late return does not release You
from Your Agreement to return by the date and time noted on this Agreement.
3. Service, Road
Hazards and Fuel.
Service to the RV or replacement of parts or accessories during the rental must
have our prior approval. All tire repair/replacement is entirely Your
responsibility while the RV is in Your possession. All failed tires must be
returned to us for inspection. Damage due to road hazards, curb cutting, low
tire pressure or extensive dirtiness will not be reimbursed. You must check and
maintain all fluid levels to include but not limited to: engine coolant, engine
oil, generator oil, brake fluid, power steering, transmission fluid and return
the RV with the same amount of fuel as when rented. You are responsible for the
extra charge of a $25 labor fee, plus fuel at $5/gallon if the RV is not
refueled. You are responsible for having the Liquid Propane (LP) tank(s) filled
prior to return and agree to bring a copy of the receipt showing the refueling
of the LP. If LP is not refueled, you will be responsible for the charge of a
$25 labor fee, plus fuel at $5/gallon. Extra fuel will not be reimbursed. NOTE:
Fuel prices per gallon are subject to change based on the city/state fuel
prices increasing/decreasing.
4. Responsibility for
Damage or Loss; Reporting to Police; Responsibility for Toll and Parking
Violations. Except
for ordinary wear, You are responsible for: (a) physical and mechanical damage
to the RV resulting from collision up to the fair market value of the RV as
determined in the customary market for the sale of the RV or actual retail cash
value of the RV if not repairable or if we elect not to repair it, regardless
of the cause of the damage; (b) loss due to theft of the RV up to its fair
market value, provided that, You failed to exercise ordinary care while in
possession of the RV; (c) physical damage to the RV up to its fair market
value, as determined in the customary market for the sale of the RV, resulting
from vandalism occurring after, or in connection with, theft of the RV,
provided that, You have responsibility for theft of the RV; (d) physical damage
to the RV up to a total of Your insurance deductible resulting from vandalism
unrelated to a theft of the RV or collision; (e) actual charges for towing,
storage and impound fees paid by Us if You are liable for damage or loss; (f)
an administrative charge that includes the cost of appraisal and all other
costs and expenses incident to the damage, loss, repair, or replacement of the
RV. Your responsibility for damage to the RV may be covered by insurance You
provide or insurance You purchase from MBA Insurance; (g) loss of use due to
damages; (h) diminished value; (i) including damage caused by weather,
road conditions and acts of nature, whether or not You are at fault. You are
responsible for the cost of repair; and, (j) missing equipment. You must
report all accidents and incidents of theft and vandalism to us and the police
as soon as You discover them. You are responsible for paying the charging
authorities directly all parking citations, toll violations, fines for toll
evasion, other fines and penalties assessed against us or the RV during this
rental. If You fail to pay and we pay the charges on Your behalf, You will reimburse
us for all such costs and, in addition, pay us a processing fee of $50 for each
such violation, fine or charge. Upon return we will inspect the RV for
cleanliness, damage, evacuation of fluids (black and grey water), refueling,
engine miles and generator hours. A second, inspection will be done later in
the week or at our earliest convenience. We will charge $50 per hour for labor,
if having to fix any damage. Please note that most insurance do not cover loss
of use and You are responsible for the payments due to the loss of use.
5. Prohibited Uses. Trailers: The
following uses of Trailer are prohibited and are breaches of this Agreement:
(a) transporting dangerous or hazardous items or illegal material; (b)
transporting living persons; (c) towing the Trailer by anyone under the
influence of drugs or alcohol; (d) allowing the Trailer to be towed by anyone
who is not a renter or an Authorized Driver; (e) any use of the Trailer by
anyone who obtained the Trailer or extended the rental period by giving us
false, fraudulent or misleading information; (f) use of the Trailer in
furtherance of any illegal purpose or under any circumstance that would
constitute a violation of law other than a minor traffic citation; (g) use of
the Trailer outside the United States or Canada; (h) use of the Trailer when
loaded beyond its capacity, as determined by the manufacturer of the Trailer;
(i) towing the Trailer through or under any structure without sufficient
overhead or side clearance; (j) use of the Trailer when it is reasonable to
expect You to know that further operation would damage the Trailer; (k) using
the Trailer in a manner that causes damage to it due to inadequately secured
cargo; (l) damaging the Trailer by Your intentional, wanton, willful or reckless
conduct; and, (m) damaging the Trailer by placing signs, lettering or painting
on the Trailer. Vehicles: The following uses of the Vehicle are prohibited
and are 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 any 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 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 material; (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.
Sitting, standing or lying on the roof of the Vehicle is prohibited.
6. Insurance. You are primarily
responsible for all damage or loss You cause to others or their property. You
have either provided us with an insurance binder indicating that You have
primary motor vehicle liability, collision and comprehensive insurance covering
You, us, and the RV, or You have elected to purchase liability, collision and
comprehensive insurance from MBA Insurance or you have added the vehicle to your primary insurnace policy. If the bound coverage is not
primary, You will be personally liable for all damage You cause to others or
their property. You are
responsible for damage to the RV up to the deductible amount. For trailers, You
must provide primary collision and comprehensive insurance on the Trailer
through a third party that we identify. That coverage will have a
pre-occurrence deductible, the amount of which is shown as Dealers' Deductible.
You are responsible for damage to the Trailer up to the deductible amount. The
coverage does not extend to the contents of the Trailer. You must provide
liability insurance coverage on the Trailer through the motor vehicle insurance
policy covering the towing vehicle.
7. Charges and Costs. Agreement,
including, but not limited to: You will pay us at or before the conclusion of
this rental, or on demand, all charges due us under this Agreement, including
the charges and fees shown on the Rental Agreement, Equipment, Extra Charges
and: (a) a mileage charge (if applicable); (b) all expenses we incur locating
and recovering the RV if You fail to return it or if we elect to repossess the
RV under the terms of this Agreement; (c) all costs including pre- and
post-judgment attorney fees we incur collecting payment from You or otherwise
enforcing or defending our rights under this Agreement; (d) a 2% per month late
payment fee or the maximum amount allowed by law on all amounts past due; (e)
$50 or the maximum amount permitted by law, whichever is greater, if You pay us
with a check returned unpaid for any reason; (f) a reasonable fee not to exceed
$500 to clean the RV if returned substantially less clean than when rented,
unless You have purchased a cleaning package; and, (g) towing, storage charges,
forfeitures, court costs, penalties; (h) applicable taxes; and all other costs
we incur resulting from Your use of the RV during this rental. (i) all traffic,
toll or parking violations, fines, penalties, citations, forfeitures, court
costs, towing and storage charges and other expenses involving the RV assessed
against us or the RV; if You fail to pay a traffic or toll charge to the
charging authority, You will pay us all fees owed to the charging authority
plus our administrative fee of $50 for each such charge; (j) all costs we incur
recovering the RV if You fail to return it as agreed above. We will not refund
any of the time if You return the RV earlier than the date or time due in.
8. Security Deposit. A desposit will be required prior to vehicle departure. We prefer that the you bring cash on the day you arrive to receive the vehicle. If you pay the deposit with a credit card a $30 fee will be added to the cost of your rental. A carbon copy of
Your credit card will be made prior to departure. Provided the RV is returned in the
same condition as when it went out, the carbon copy of the credit card will be
shredded within two weeks of Your return date. Cleaning, small damages, missing
parts, dump, refueling and late charges will be either deducted from your casj security deposit or charged at time of Your return to your credit card.
If Your charges exceed the security deposit, You will be responsible for paying
the excess balance owed. In the event that You are responsible for damages done
to the RV, the entire security deposit will held or charged to said credit card and later
applied toward Your insurance claim deductible. All efforts will be made to obtain
estimates of repairs and/or damages as soon as possible, but there may be longer
delay in getting these estimates in our busiest season. Extra charges, if there
is any, will be detailed on the completed Refund or Additional Charges page that will be given to
You on day of return and e-mailed to You after the final check-in. You agree and
authorize that if You have a balance due after Your rental, we have the right to
debit Your Credit Card for these funds. You agree not to dispute
or charge-back any charges for damages, missing or broken items, and cleaning and/or
late fees.
9. Pets. Well behaved vaccinated
pets may be allowed in the RV at an additional charge of $150 on select RV's only.
You must comply with all Pet Addendum rules and regulations stated on the Pet Addendum
form, and You acknowledge that You have received said form. The pet must be pre-approved
by the owner and the owner must be presented with current vaccination records. You
must clean up after Your pet; there should be no evidence that Your pet was in the
RV. Do not allow any unapproved pets in the vehicle. Purchasing a cleaning package and/or paying a pet fee does not abolish You from
cleaning up after Your pet. Unapproved pet fee starts at $300.
10. Cleaning and Waste Tank
Evacuation. We
look for general exterior cleanliness: no dirt, tar or bugs. The interior of the
RV needs to be returned as clean as when You received it. The RV must be brought
back in a re-rentable condition. If You fail to do so, You will be charged $50/hour
for cleaning. If You have purchased a cleaning package, the cleaning package does
not include carpet or upholstery cleaning. Any carpet or upholstery stain removal
will be Your responsibility to pay for the additional cleaning cost. We will charge
$50/hour for additional heavy cleaning of due to food, carpet and/or upholstery
stains. Waste Tank Evacuation: The waste tanks must be evacuated and flushed
prior to Your return. If You do not return the RV with tanks evacuated there will
be a $100 charge for us to evacuate the tanks. You acknowledge that You have received
the Cleaning Information form including the instructions and guidelines for cleaning
and waste evacuation and are held to those cleaning and waste evacuation standards.
11. Examination. You have carefully examined
the RV and have marked any previous damage on the "Check-Out" form. You
agree that the RV is suitable for the purpose for which it is leased; and that You
will maintain both the RV and rented equipment in a safe, and dependable condition
while in your custody. You agree and understand that non-operating secondary systems
do not constitute a refund or discount of any kind. You understand during the course
of Your trip if one or more of the secondary systems are not functioning it is Your
responsibility to contact the owner, the phone number is on top left of the Rental Contract. Refrigerators, Roof and Central A/C, Heating, Leveling
Jacks, TV's, VCR, DVD, Awnings, Slide-Outs, Roof Vents, Steps, in-dash A/C, Backup
Cameras, Water Heater, Shower, Microwave, Reading Lights are all considered secondary
systems. You understand if any malfunctions should occur with any of these items,
no compensation needs to be made. We will try to solve any problems over the phone
with You, but cannot guarantee a solution to problems through the phone conversation.
You acknowledge that RV's have a large and complex system of operation, and although
we do our best to keep all systems operational, we cannot guarantee the systems
will have no problems during Your rental.
12. Mileage and
Generator Use. You get a standard 60 free miles per night of rental. If You exceed
said miles (as noted on the RV Rental Contract) You are responsible for the extra
charges associated with the mileage overage. There is an additional fee per mile
over the allotted free miles: $.35/mile (first tier), $.55/mile (second tier) and
$1.00/mile (third tier). A tier is 60 miles/day. Generators: All Motor
homes and some Toy Haulers are equipped with a generator. Trailers are NOT. If You
are going to a destination without electrical hook-ups and are leasing an RV not
equipped with a generator; You understand that the RV needs a generator, or electrical
plug-in, to charge the batteries and run appliances. If You are renting an RV not
equipped with a generator, You acknowledge that You have been informed and offered
to rent a generator from us. You get two free hours of generator use per night of
rental; excess hours are charged at $3.00 each hour. The generator is not required
for normal vehicle driving operation.
13. Re-Supply. You acknowledge and understand
there is no Re-Supply. The RV's are equipped with fresh water, gray and black holding
tanks. If You are camped in a non-hookup site, it is Your responsibility to ensure
that these resources last Your entire stay. We will not provide additional water,
holding tank capacity, propane, or batteries during Your rental period. You should
bring Jumper Cables when camping; You can use a car or truck to charge Your RV batteries.
We will not supply Jumper Cables.
14. Substitutions.
We reserve the right to substitute RVs if necessary. Advance notification
is given whenever possible. In the event an RV cannot be provided and we cannot
fulfill your reservation, we will refund all monies received. The RV Rental Agency will search for an RV from multiple owners and/or RV Rental Dealers and attempt get you rescheduled into a different vehicle. You will need to sign all new paperwork when switching vehicles.
15. Modifications. No term of this Agreement
can be waived or modified except by a writing that we have signed. If You wish to
extend the rental period for more than three additional nights, You must return
the RV to our rental office for inspection and written amendment by us of the due-in
date and time. This Agreement constitutes the entire Agreement between You and us.
All prior representations and Agreements between You and us regarding this rental
are merged into this Agreement.
16. Waiver. 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 provisions of this Agreement.
Unless prohibited by law, You release from us any liability for consequential, special
or punitive damages in connection with this rental or the reservation of the RV.
If any provision of this Agreement is deemed void or unenforceable, the remaining
provisions are valid and enforceable.
17. Our Responsibility to
You if the RV becomes Inoperable. If the RV becomes inoperable for more than
24 hours, our liability to You is limited to the daily rental rate times the number
of days the RV is inoperable and not to exceed the days on your signed Rental Contract.
I have carefully read the
foregoing Agreement/contract/release and I understand and agree to the contents
thereof. When signed, this contract will bind me, my spouse, my heirs and my legal
representatives. Signed in California and subject to and governed by California
laws.
Renter Signature: _________________________________________ Date: _________________ Reservation
# {{Rental Contract Number}}
To be filled in by owner:
Rental Dates:___________________-_____________________Scheduled Departure Time:___________ Scheduled Return Time:___________