RV Rental Contract - Terms and Conditions

Definitions

Agreement means the Rental Summary and terms and conditions as set out below agreed to between the Renter and RVR.

Guests means the Renter, any Secondary Driver(s) and any occupants or passengers of the RV at any time.

Itinerary means the route of travel, distance and overnight stays by the Guests during the Rental Term.

Optional Accessories means but is not limited to child car seats, GPS, bike racks, generators, solar panel ….

Renter means the primary party or parties entering into the Agreement with RVR.

Rental Term means the period of time the Renter takes possession of the RV until the RV is returned or recovered.

RV means a recreational vehicle rented to the Renter by RVR and identified in the Agreement, including, but not limited to, a motorhome; holiday trailer; truck and camper unit; and/or camper van as equipped and furnished by the manufacturer and RVR.

RVR means the 1041278 B.C. Ltd. operating as RVR Kelowna RV Rentals.

Summary means the first page of the Agreement summarizing certain terms of the Agreement, including, such information, but not limited to:  the identity of the Renter and the Guests, the Rental Term, the Itinerary and the rental price.

Security Deposit means the $1,000.00 rental security deposit provided by the Renter to RVR as further security as to the Renter’s performance of the Agreement.

Secondary Driver(s) means any person, in addition to the Renter, that is accepted by RVR as a person permitted to operate the RV.

THE RENTER HEREBY ACKNOWLEDGES THAT BY MANUALLY SIGNING/INITIALING OR CLICKING THE “I ACCEPT” BUTTON ON THE SUMMARY AND ON EACH PAGE HEREIN BY ELECTRONIC SIGNATURE, THAT THE RENTER HAS READ AND UNDERSTOOD THE AGREEMENT AND HAS AGREED TO BOUND BY SAID AGREEMENT. THE RENTER AGREES THAT AN ELECTRONIC SIGNATURE IS OF THE SAME FORCE AND AFFECT AS A MANUAL SIGNATURE FOR THE PURPOSE OF BEING BY BOUND BY THE AGREEMENT.

1. Deposits, Cancellations and Refunds:
   1. Cancellations within 48 hours of booking and greater than 14 days prior to departure shall receive a full refund with the exception of bookings made within 24 hours of departure for which there shall be no refund;
   2. Cancellations within 48 hours of booking and within 14 days prior to departure shall receive a full refund less a $100.00 administrative fee (in this section, the “Admin Fee”).
   3. After 48 hours from booking:
      1. within 14 days of departure: no refund;
      2. within 15 days to 30 days of departure: 75% of the rental fee; and,
      3. outside 30 days of departure: full refund minus the Admin Fee.
   4. The Renter shall not assign this Agreement.
   5. Guests shall be responsible for purchasing trip cancellation or postponement insurance. There shall be no refunds, beyond the herein cancellation policy, for any public health emergency or orders, whether prior to commencement or during the Rental Term.
   6. The Renter shall provide a reservation deposit of the greater of $150.00 or 25% of the rental fee, which shall be applied against the rental fee upon commencement of the Rental Term.
   7. Within 2 days of the commencement of the Rental Term, a Security Deposit of $1,000.00 cash or a $1,000.00 pre-authorization of a major credit card.
2. Check-in and Return:
   1. Guests agree that the RV and Optional Accessories are in good physical and mechanical condition. The Renter is renting the RV and Optional Accessories in “as is” condition and the Renter has had an opportunity to inspect the RV and Optional Accessories prior to leaving the Check-in.  RVR excludes all warranties, both express and implied, with respect to the rv and optional accessories, including any implied warranty, merchantability or fitness for a particular use.
   2. Check-in:
      1. 1:00 p.m. to 4:00 p.m.;
      2. between 10 a.m. and 1 p.m., are subject to a fee of $75 fee
      3. after 4:00 p.m. with the prior written consent of RVR;
      4. between 5:00 p.m. to 8:00 p.m. with the prior written consent of RVR and subject to a $100.00 per hour surcharge commencing at 5:00 p.m.
   3. Returns: 9:00 a.m. to 10:59 a.m.
   4. Late Returns:
      1. Late returns shall only be permitted by prior written consent of RVR.
      2. Late returns, whether permitted or otherwise, are subject to fee of $75.00 between 11:00 a.m. and 2:00
         p.m.
      3. Late returns after 2 p.m., whether permitted or otherwise, are subject to fee of $150.00 per hour until
         the RV is returned.
      4. Rental hours are charged in increments of one hour commencing at the top of the hour and are chargeable for a full hour regardless of when the RV is returned within the hour.
   5. The Renter is not entitled to a refund or credit for unused portion of the term of the Agreement.
   6. RV Return Condition:
      1. The RV and all accessories shall be returned in like condition to the beginning of the Rental Term, reasonable wear and tear accepted. The Renter is responsible for any damage to the RV or Optional Accessories.
      2. The Renter shall return the RV in a clean condition with black and grey sewage tanks empty. An additional fee of $50 will be charged for emptying the black and grey sewage tanks.
      3. If applicable, the RV and generator shall be returned with a full tank of fuel. Fuel surcharge - $50 + cost of fuel.
      4. If RVR determines, in its sole discretion, that the RV requires additional cleaning, then the Renter shall be responsible for the cost of cleaning at $75.00 per hour.
3. Rental Security Deposit
   1. Prior to or upon Check-in, the Renter must provide RVR with a $1,000.00 Security Deposit either by cash, electronic fund transfer or pre-authorization of a major credit card.
   2. The Security Deposit is for additional security of the Renter’s performance of Agreement and does not represent a limit of liability or liquidated damages of any claim by RVR.
   3. The Renter must provide RVR a credit card from a major credit card company and agrees that RVR may pre-authorize and/or reserve credit to the credit card. Notwithstanding a cash or cash equivalent Security Deposit, the Renter authorizes RVR to charge any damages authorized by the Agreement to said credit.
   4. Upon satisfactory inspection of the RV, RVR shall return the Security Deposit within 7 business days. The return of the Security Deposit shall not relieve the Renter from any term or condition of the Agreement or the right to charge damages to the Renter’s credit card.
   5. If RVR, in its sole discretion, believes that this Agreement has been breached, then RVR may hold the Security Deposit until such time as the breach has been remedied or a final determination of the matter has been made.
4. Availability and Substitutions:
   1. RVR does not guarantee the availability of the make or model of the RV requested by the Renter. RVR shall be permitted to, in its sole discretion, substitute a like or upgraded make and model of RV for the Rental Term and Rental Itinerary, which shall occur at no extra fee to the Renter.  If a lower cost make and model is required to accommodate the Itinerary or a portion of the Rental Term, then RVR shall refund the Renter the cost difference between the requested make and model of RV and the make and model of RV supplied by RVR.  RVR shall not be liable to the Renter for any substitutions made in the make and model of the RV beyond the cost difference between the requested RV and the lesser cost RV.
   2. Dog Friendly RVs and Pets: RVR has dog-friendly RVs that may be available for an additional fee. RVR does not guarantee the availability of a dog-friendly RV. Dogs are not permitted in a RV not designated as a dog-friendly RV. Dog guest fee is $25.00 per night to a maximum of $250.00. Additional cleaning fees may apply if required at the sole discretion of RVR. Regardless of if it is dog-friendly RV, no other animals shall be permitted in an RV.
   3. Service Animals: The Renter shall inform RVR if a Guest intends to bring a service animal so that RVR can make accommodations to provide an appropriate RV. No additional rental fee shall be charged for service animals; however, the Renter and the Guest shall be responsible for any damage caused by the service animal and/or additional cleaning required.
   4. The Renter acknowledges that the RV and any Optional Accessories are, by ownership, beneficial ownership or lease, the property of RVR, even if registered or titled to a third party. The Renter is not an agent of RVR and does not have authority to bind RVR.
   5. Generator: a generator may or may not be included with the RV and are not guaranteed.  If a generator is provided, then its usage shall be governed by the applicable fee schedule for Optional Accessories.
5. Drivers:
   1. The Renter shall not permit any person other than the Renter or a person identified as a Secondary Driver to operate the RV.
   2. Any person operating the RV shall be the holder of a valid driver’s license that permits the operation of a motor vehicle in the Province of British Columbia and any jurisdiction that the Renter and any Secondary Driver intend to operate the RV.
   3. The RV shall not be operated by anyone who has given a fictious name, false address or false or invalid driver’s licence, whose driver’s licence becomes invalid during the Rental Term or who has obtained the RV’s keys without permission of RVR.
   4. Notwithstanding anything in this Agreement, no person under the age of 25 shall be permitted to operate the RV at any time.
   5. The RV shall not be operated while under the influence of alcohol, cannabis, narcotics or intoxicant without prescription.
6. Insurance:
   1. The Renter must disclose their Itinerary. The Renter acknowledges that operating the RV outside of the intended rental Itinerary may result in insurance coverage being insufficient or non-applicable, which may expose the Renter and Guests to civil and/or criminal liability.  The RV shall not be operated outside of Canada and the United States of America.
   2. Except to the extent required by statutory requirements of the Province of British Columbia, RVR makes no representation as to the adequacy of insurance coverage of the RV. RVR does not provide insurance coverage or motor vehicle financial responsibility to the Renter or the Guests through the Agreement.  If liability or self-insurance is available to the Renter, then any such insurance is primary and RVR does not extend its insurance or motor vehicle financial responsibility.  Financial responsibility does not extend to liability imposed or assumed by anyone under any workers compensation act, plan or contract.
   3. Personal Accident Benefits and Uninsured/Unidentified Motorist Protection:   Except as required by law, RVR does not provide personal injury benefits protection through the Agreement.
   4. If the Renter is a resident of British Columbia, Canada, the Renter warrants that the Renter has a valid and subsisting ICBC insurance policy. The Renter shall present the ICBC insurance certificate, or equivalent third-party insurance, to RVR prior to the Rental Term.
   5. If the Renter is not a resident of British Columbia then the Renter shall purchase vehicle insurance offered through the RVR website or an equivalent third-party insurer.
   6. In the event of an accident or occurrence that may cause legal liability to be imposed on RVR then the motor vehicle liability insurance available to the Renter or Guest is the primary coverage and must respond to the liability of RVR. The Renter or Guest shall indemnify and hold harmless RVR for any legal liability as imposed on RVR.
   7. The Guests shall take all reasonable measures to safeguard the RV against theft and The Renter shall immediately report any accident, collision, theft, damage or vandalism involving the RV or the Guests (the “Occurrence”) to both RVR and local law enforcement in the relevant jurisdiction no later than one business day following the Occurrence. FAILURE TO REPORT AN OCCURENCE MAY RESULT IN THE RENTER’S INSURANCE BEING VOID AND THE RENTER BEING FULLY RESPONSIBLE FOR ANY CIVIL LIABILITY. A $200.00 administration fee shall be chargeable to the Renter for any Occurrence, regardless of fault, said administration fee not to limit any other right of RVR pursuant to this Agreement.
   8. Personal Property Insurance: The Renter acknowledges that RVR is not responsible for any of the Guests’ personal property and recommends the Guests arrange for content’s insurance for the Rental Term.
   9. Legal Proceedings:
      1. the Renter shall give notice to RVR and its insurer, if applicable, of every process, pleading, notice or paper of any kind received by the Renter or any Guest relating to any claim, suit or proceeding in connection with the RV (a “Claim”).
      2. The Guests shall make no predetermination of liability in regard to a Claim and agree to assist RVR and its agents in investigating and defending a Claim, including testifying in a deposition, hearing, trial or like proceeding.
      3. Subrogation: following payment of an insured claim for loss or damage, the Guest shall be subrogated to the extent of the amount of such claim and the rights and remedies of the Guest against the party in respect of such loss or damage and shall be entitled, at its own expense, to sue in the name of the Guest. The Guest shall give the insurer such as assistance as is reasonably required to secure it rights and remedies, including providing such documents and agreements as is necessary to enable the insurer to sue in the name of the Guest.
7. RV Usage
   1. During the term of this Agreement, the Renter shall possess and operate the RV in compliance with laws and regulations of the Province of British Columbia or the jurisdiction of travel.
   2. Operation:
      1. The Renter and Secondary Drivers shall operate the RV to the care and control of a like and prudent driver operating an RV in similar road and weather conditions as to the Itinerary.
      2. The Renter shall ensure that all Guests are seated and have properly utilized a seat belt or restrictive device during operation of the RV. The RV shall not be used to transport more persons than there are seat belts provided by the manufacturer or to transport persons on the exterior of the RV.
      3. The RV shall not be used for commercial purposes, including, but not limited to, transportation of passengers for fee, retail vending of goods, transportation of goods, food and beverage service, and room and board.
      4. The RV shall not be loaded beyond its Gross Vehicle Weight Rating as provided by the manufacturer.
      5. The RV shall not used for the participation in any competition, contest or race.
      6. The RV shall not be used to tow or push anything unless by prior written consent of RVR.
      7. The RV shall not be operated when a check engine light is active or when an apparent malfunction of the RV is evident to a like and prudent person, said malfunction being, but not limited to: steam or smoke emitting from the engine compartment, flat or low tires, and low oil pressure warning.
      8. The Renter shall not operate the RV on a dirt or gravel road with the exception of a maintained campground road. Specific exceptions may apply but shall be with the express written consent of RVR and may be subject to further deposit or fees.
      9. The Renter shall not permit the drain, release or disposal of any substance from the RV’s sewage disposal system except as permitted by local law.
      10. If the RV has been delivered to a campground as part of the Itinerary, no Guest shall allow the RV to be moved by a person other than as authorized in writing by RVR.
      11. Where the RV comprises a truck and/or camper, holiday trailer or 5^th wheel, that may be physically separated from each other, the provisions of this Agreement apply to each vehicle separately and to both vehicles taken together, as the situation may be. Truck and camper rentals may not be separated during the rental period and the Renter is responsible for all  related costs due to damage caused by the unauthorized Vehicle separation.
   3. The Renter and Guests will not commit any criminal activities and if the usage of the RV has or, in RVR’s sole and unfettered determination, will in the future, participate in a criminal activity, this Agreement shall be immediately voidable save any term or condition regarding recovery of the RV or restitution for damages as a result of the criminal activity.
   4. Damage to, Loss, Modification, Theft or Seizure of RV and Optional Accessories: to the extent restricted, modified or limited by Provincial law, the Renter accepts responsibility for the modification, damage, loss,  theft or seizure of the RV and Optional Accessories regardless of fault or negligence.  The Renter shall pay the amount necessary to repair or replace the Optional Accessories at their fair market value.  If the RV is stolen or seized and not recovered, or is determined to be salvage by RVR, then the Renter shall be responsible to pay RVR the fair market value of the RV less sales proceeds, if any.  The fair market value is the value of the RV immediately prior to the loss. The Renter is responsible for all towing, storage or incidental costs incurred by RVR to recover the RV and to establish damages. The Renter agrees to other mandatory charges or imposed by Provinces, States, Countries or governmental authorities and to pay a sum for loss of use of 14 days at the rental rate on the Rental Summary, regardless of fleet utilization.
   5. Maintenance:
      1. during the Rental Term, the Renter shall maintain the RV by ensuring oil, coolant, braking and steering fluids (“the “Fluids”), are maintained at recommended levels. Failure to maintain the RV shall result in the Renter being liable for the cost of repair.
      2. Upon proof of cost, RVR shall reimburse the Renter for costs of $100.00 or less, total, for maintaining the Fluids. Beyond day-to-day maintenance, the Renter shall not permit any repairs or additions to be made to the RV without RVR’s written consent and shall not permit the RV to be subject to any Garage Keepers/Mechanics lien legislation.
   6. Weather:
      1. The Renter must follow operating procedures appropriate to weather conditions.
      2. Awnings: the Renter acknowledges and agrees that awnings can be easily damaged.  The Renter shall retract the awning in windy conditions and ensure that the awning not be allowed to collect water during rain.  The Renter shall ensure that the awning not rub on the RV or any surrounding trees or foliage.  The Renter shall be responsible for any damage to the awning including any insurance deductible, said deductible currently being $300.00.
   7. Optional Accessories: RVR makes no warranty of fitness or compatibility of any Optional Accessories, specifically, but not limited to child car seats and restraining devices; bike racks; and generators.  The Guest accepts all liability for the usage of any Optional Accessories, whether negligent or otherwise.
8. Rental Interruption and Repairs
9. 1. In the event the RV is inoperable and cannot move under its own power because of mechanical breakdown for a period longer than 48 consecutive hours and the breakdown does not result from any breach of this Agreement on the part of the Guests (a “Rental Interruption”), RVR shall provide the Renter with a credit equal to the rental charge reasonably attributable to the period during which the Vehicle is inoperable.
   2. RVR shall not be liable for any other costs or damages suffered by the Guests as a result of mechanical Malfunctions in RV camping functions, such as, but not limited to:  Optional Accessories, stereo/radio, TV/satellite, HVAC, slide-out,  refrigerator, microwave, appliances, and cruise control do not constitute a Rental Interruption.
10. Odours:
11. 1. The Renter acknowledges that the RV is tobacco and cannabis smoke and vapour free. The Renter agrees that all Guests shall not smoke or vape within or near the RV.
    2. Windows and doors are to remain closed near campfires.
    3. Strong food odours shall not be permitted in the RV.
    4. If RVR, acting reasonably, detects odour damage, the Renter shall be subject to a $500.00 charge for administration and cleaning of the odour.
12. Tracking Device
13. 1. RVs may be equipped with a GPS tracking device that that allows RVR to monitor information about the use of the RV, including, but not limited to: the location, mileage, speed and trip history. The Guests consent to the disclosure of said information.
    2. Any tampering of a GPS device will incur a $500.00 penalty plus costs for repairs or replacement of any devices.
14. Travel Itinerary and Restricted Areas
15. 1. The Renter shall provide an Itinerary to RVR on or before the commencement of the Rental Term. The RV may be equipped with a tracking device to ensure compliance with this Agreement. Significant deviation from the Itinerary without notice may result in the authorities being contacted.
    2. The Renter shall not operate the RV on a dirt or gravel road with the exception of a maintained campground road.
    3. There is a $350.00 northern travel surcharge for travel beyond: 56.5 degrees N (equivalent to Fort St. John, BC). Prohibited travel on the following roads or areas:
       1. RVs are not permitted to enter Mexico at any time;
       2. Denali Highway in Alaska;
       3. North Canol Highway in the Yukon;
       4. Dalton Highway (north of Livingood);
       5. Eagle, Alaska (Hwy 5 north) from the junction of Hwy 9 (Top of the World Highway) and Hwy 5 West;
       6. McCarthy Road between Chitina and McCarthy, Alaska;
       7. Northway Road (off AK-2) to Northway;
       8. Nabesna Road (off AK-1) to Nabesna;
       9. Highway 500 (Trans Labrador Highway) from Goose Bay to Labrador City;
       10. Highway 389 from Labrador City to Baie Comeau;
       11. Highway 510 from Red Bay to Happy Valley-Goose Bay;
       12. Highway 167 north of La Doré;
       13. Highway 109 and Baie James Road, Quebec; and
       14. Death Valley, California.
16. Breach of Agreement
17. 1. Credit Card: The Renter authorizes RVR to charge any damages authorized by the Agreement to the credit card provided to RVR by the Renter, if even damages exceed the pre-authorization limit and require multiple pre-authorizations.
    2. Fines: The Guests are liable for all fines, including, but not limited to: speeding, parking and traffic violations; toll fees and travel levies; noise ordinance violations; sewage disposal violations; trespassing; garage keepers liens; or any other fines, levies or charges (collectively, the “Fines”) incurred in the course of the Itinerary and Rental Term and authorize RVR to pay all Fines immediately from either the Security Deposit and/or the Renter’s credit card.  Payment of a Fine from the Security Deposit shall not reduce the amount of the Security Deposit.  Without limitation under any other provision of the Agreement, the Guests shall be solely liable for and shall indemnify and hold RVR harmless from all fines, penalties and forfeitures arising from a breach by a Guest of any statute, law, ordinance, rule, regulation, or insurance policy provision that is applicable to the RV or to a Guest’s possession, use, driving, parking, storage, or transportation of the
    3. Return on Demand and Repossession: If RVR, acting reasonably, believes that the Guests are in breach of any provision of this Agreement, then RVR may demand return of the RV and the Renter shall return the RV as soon as practically possible and without delay.  Notwithstanding the foregoing, if the term of the rental had been exceeded or if RVR, acting reasonably, believes that there is imminent harm to the RV, the Guests or third parties or third-party property, without prior warning to the Renter or Guests, RVR may repossess the RV by use of any lawful means, and immediately terminate the Rental Term.  Notwithstanding the foregoing, the repossession of the RV shall not extinguish any other right of RVR to damages pursuant to this Agreement, said rights being cumulative.  The Renter shall fully indemnify RVR for the costs of repossession, including legal costs on a solicitor and his own client basis.
18. Liability, Legal Proceeds and Subordination of Claim
19. 1. THE GUEST SHALL DEFEND, INDEMNIFY, PROTECT AND SAVE RVR AND ITS PERSONNEL, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, DIVISIONS, SUCCESSORS AND ASSIGNS HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, THIRD-PARTY CLAIMS, DEMANDS, DAMAGES, COSTS, FEES AND EXPENSES, INCLUDING, WITHOUT-LIMITATION, LEGAL FEES ON A SOLICITOR AND HIS OWN CLIENT FULL INDEMNITY BASIS, on account of any actual or alleged loss, injury, death or damage arising out of this Agreement (a “Claim”).
    2. A Guest shall give notice to RVR and its insurer of every Claim received by a Guest.
    3. The Guests shall permit RVR or its insurers, agents, attorneys, and counsel to have the sole and exclusive conduct of Claim in the name and on behalf of the Guests.
    4. Any Guest shall co-operate fully with RVR and its insurers in taking all steps and in providing and obtaining all information and evidence that may be deemed necessary or desirable by RVR or its insurers for the conduct, settlement or abandonment of the Claim. The Guests shall make no predetermination of liability in regard to a Claim and agree to assist RVR and its agents in investigating and defending a Claim, including testifying in a deposition, hearing, trial or like proceeding.
    5. Subrogation: following payment of an insured claim for loss or damage, the insurer shall be subrogated to the extent of the amount of such claim and the rights and remedies of the insured against the party in respect of such loss or damage and shall be entitled at its own expense to sue in the name of the insured.
20. General Provisions:
    1. Jurisdiction and Venue: This Agreement is governed by the laws of British Columbia and the Guests irrevocably submit to the jurisdiction of the courts of the Province of British Columbia.
    2. Time and Waiver: Time is of the essence.  No failure by any party to insist upon the strict performance of any covenant, duty,  or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of any other covenant, duty, or condition.
    3. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement and such invalid provision shall be deemed to be severable.
    4. Gender and Number. words importing the singular include the plural and vice versa, and words importing one gender include the other gender and neuter
    5. Clauses and Headings. The division of this Agreement into Clauses and the insertion of headings are for convenience of reference only and shall not affect the interpretation or construction of this
    6. Survival. Those provisions of this Agreement which, by their terms, are intended to survive, or which must survive in order to give effect to continuing obligations of the parties to the Agreement, shall survive the termination of this