RV America Rental Contract

RENTAL TERMS AND CONDITIONS

1. Rental Period: There is a three-night minimum on all rentals. Pick-up or check-in is from 1 PM – 4 PM on your scheduled
date. Drop-off or check-out is from 8 AM – 10 am on your scheduled return date with a time no later than 11 O’clock A.M.
The renter will be charged $50.00 each hour for a vehicle returned late up to 3 hours (total of $150.00), after which the renter
will be considered to be a day late, when a charge of 3 times the daily rental rate will be assessed for the remaining day and
each day after the vehicle is late. Remember that other people may be waiting for the vehicle. Please contact our office if you
are going to be delayed. No vehicle may be picked up or returned on Sunday. No refunds will be given for units returned prior
to the expiration date of contract. Initials ______
2. Reservation Advance Payment: Advance payment is required on all rentals. Minimum of $300.00 is due upon reservation
and the remaining balance is due 30 days prior to departure.
3. Cancellation Policy: Booked and cancelled within 5 days’ no charge; Over 30 days prior to departure, $50.00; 30 -15 days
prior to departure, $200.00; 14 – 8 days prior to departure, $500.00; 7 or less prior to departure/ no show, 100% of the rental
charges.
4. Security/Damage Deposit: A $500.00 security/damage deposit is required on all rentals. It is refundable within 5 business
days of return, providing the vehicle is not damaged or abused. If damage does occur, the customer is responsible for the costs
associated with the repair of the damage. These costs will be deducted form the security/damage deposit. If the cost of repair is
more than the amount of the security/damage deposit, then the customer is responsible for the amount of above that amount of
the security/damage deposit. A refund of the security/damage deposit, if any, may be delayed until the appraisals of the damage
can be made.
5. Cleaning Deposit: A $150.00 cleaning deposit is required on all rentals. It is refundable within 5 business days of return,
providing the vehicle is clean (inside and outside). Failure to completely clean the vehicle inside and out will result in a
deduction or forfeiture of the cleaning deposit. If the cost to clean the vehicle is more than the amount of the cleaning deposit,
then the customer is responsible for that amount above the amount of the cleaning deposit. A refund of the cleaning deposit, if
any, may be delayed until the cost associated with cleaning the vehicle is obtained.
6. Condition and Return of Vehicle. As detailed in this Rental Contract, you must return the Vehicle to our rental office or other
location we specify, on the date and time specified in this Rental Contract, 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. Any service to the Vehicle or replacement of parts or accessories
during the rental must have RV America’s prior approval. You must check and maintain all fluid levels at their proper levels at
all times during the rental period.
7. Insurance. You are responsible for all damage or loss you cause to other vehicles, persons, property, etc. You have either
provided us with an insurance binder indicating that you have primary motor vehicle liability, collision and comprehensive
insurance covering you, RV America, and the Vehicle, or you have elected to purchase MBA Choice. RV America does not
provide liability insurance.
7a. MBA Choice. If you did not provide us with an insurance binder, but instead elected to purchase MBA Choice,
the following changes apply to this Rental Contract:
i. Damage to the vehicle is covered by MBA Choice, with a deductible of $1,000 per occurrence.
ii. Auto liability insurance is part of MBA Choice, and provides coverage for bodily injury and property
damage caused by you to third persons with limits no higher than the minimum levels prescribed by the
financial responsibility laws of the State whose laws apply to the damage or loss. MBA Choice covers
$2,000 medical payments or PIP, No-fault and statutory limits of uninsured and under-insured motorist
coverage. Coverage applies in the United States, its territories and possessions, and Canada. Coverage is
void if you violate the terms of this Agreement or if you fail to cooperate in any loss investigation
conducted by us, or the insurer. Allowing an unauthorized driver to operate the Vehicle terminates MBA
Choice.
iii. You are responsible for all damage to the Vehicle and damage or injury you cause to third parties that is
excluded by the MBA Choice policy, or that is in excess of MBA Choice policy limits.
8. Mileage: The renter will receive 100 miles per day free. Each additional mile is ____ cents and is the responsibility of the
customer.
9. Awning: There is a $____________ charge to use the awning if the RV is equipped with one. If the awning is used without
the consent of RV America the renter will be charged $250.00. If the awning is damaged the renter is fully responsible for any
repair to, or replacement of, the awning.
10. Generator: The renter will receive 3 hours of generator time per day free. The renter will be charged an additional $4.00 per
hour, for each hour used after the allotted time is exceeded.
11. SMOKING is not allowed in our units. Smoking in a unit will result in forfeiture of cleaning deposit. Additional charges will
be assessed for burns and/or if smoke smell cannot be removed.
12. Gas and Propane tanks are released full and must be returned full. If not, the renter will be charged a $50.00 service charge to
fill the gasoline and propane tanks (each), plus the cost of gas at $10.00 per gallon. A dumping fee of $50.00 will be charged if
the holding tanks are not empty upon return. Any amounts due will be payable upon return of the vehicle.
13. PETS are not allowed in any of our units. Pets in any unit will result in forfeiture of your cleaning deposit. Any damage
caused by a pet will be deducted from your cleaning, and if necessary, security deposit. Any damage in excess of the amount of
the cleaning and security deposits caused by a pet must be paid by the renter. Assessing and appraising this damage may delay
return of the cleaning and security deposits, if any.
14. ALL fees are payable by major credit card (MasterCard or Visa), cash, traveler’s checks or certified bank check.
Personal checks will only be accepted with prior approval. A $25.00 service fee will be assessed for checks returned for nonsufficient
funds. Likewise, RV America is permitted all amounts under Colorado Law related to checks returned for nonsufficient
funds. Full payment is due on day of departure; i.e. balance of rental fee, security and cleaning deposits, estimated
mileage charge, etc. All fees are subject to state and local state taxes. In the event collection procedures are necessary, the
customer shall be held responsible for all interest and costs associated with collection, including but are not limited to
reasonable attorney fees.
15. If breakdowns occur and repairs are needed, the customer may authorize any repair under $100.00 to be performed by a
competent repair facility. RV America must be notified immediately of any breakdown or repair. Payment of such repair under
$100 is the initial responsibility of the customer and will be reimbursed only upon presentment of a receipt documenting said
repair and the associated cost. Any repair over $100.00 requires prior approval from RV AMERICA. Even if approved, the
customer shall submit all receipts for repairs to RV America. Refunds will not be made without a receipt. Any repair authorized
by the customer that is not authorized by RV America and is over $100 is the responsibility of the customer. Likewise, the
customer is responsible for any damage occurring to the vehicle as a result of a repair that was not authorized by RV America.
Television, DVD or VCR player, radio, automatic step, air conditioning, furnace, refrigerator, microwave and appliances, cruise
control, water system and generator malfunctions are not considered breakdowns by RV America and no compensation will be
made due to the failure or malfunction of the above mentioned items.
16. Responsibility for Damage or Loss; Reporting to Police. The customer is responsible for all damage to, or loss of, the
vehicle, loss of use of the vehicle while it is being repaired, lost profits, diminution of the vehicle's value caused by damage to it
or repair of it, missing equipment, and a reasonable charge to cover our administrative expenses connected with any damage
claim, regardless of whether or not you are at fault. Any loss or damage that results from collision with the structure of any
underpass or other object because of insufficient clearance whether of height or width. Lessee is also fully liable for damage
caused to the vehicle that results from collision with any structure, road, or barrier below the floor line of the vehicle due to
insufficient clearance. Furthermore the lessee shall be fully liable for any of the following: damage caused as a result of use
without lessor’s permission or consent, damage caused when backing up the vehicle, Interior damage, any damage to the tires
and wheels, damage caused by freezing vehicle systems, all damage caused during any off highway use and windshield chips
and breakage are the responsibility of the renter and charges for repair will be deducted from the security deposit. You must
immediately report all accidents, breakdowns or incidents of theft and vandalism to us, and the police, as soon as the accident or
breakdown occurs and as soon as you discover an incident of theft or vandalism. A full written police accident report must be
submitted to our management upon your return. Failure to comply will result in the forfeiture of your security deposit, and you
will be held responsible for the full cost of repairing damage to the motor home.
17. Charges. You agree to pay RV America or the appropriate governmental authorities on demand for all charges due us under
this Rental Contract, including, but not limited to: (a) time and mileage in excess of the amount permitted by this Rental
Contract for the period during which you keep the Vehicle, or a mileage charged based on our experience if the odometer or its
seal is tampered with or disconnected; (b) charges for additional drivers; (c) charges for the optional products and services you
elected to purchase; (d)dumping fees if the holding tanks are not empty upon return and fuel and propane, if you return the
Vehicle with less fuel and propane than when rented; (e) applicable taxes; (f) any loss of, or any damage to, the vehicle, of any
nature whatsoever, which includes the cost of repair, or if the vehicle is not repairable, the retail actual cash value of the vehicle
on the date of the loss, plus loss of use, lost profits, the diminution in the value of the vehicle caused by damage to it or repair of
it, and our administrative expenses incurred processing the claim; We may choose not to repair the vehicle; (g) all traffic,
parking or toll violations, fines, penalties, forfeitures, court costs, towing charges and other expenses involving the vehicle
assessed against us or the vehicle, unless these expenses are our fault; (h) 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 Rental Contract; (i) all costs,
including but not limited to pre- and post-judgment interest and reasonable attorney fees, incurred in collecting payment from
you or in otherwise enforcing our rights under this Rental Contract; (j) a 2% per month late payment fee , or the maximum
amount allowed by law (if lower than 2%) on all amounts paid after the date the vehicle is returned; (k) 1½% per month interest,
or the maximum amount allowed by law (if lower than 1½%) on monies due us but not paid upon return of the Vehicle; (l)
$100, plus $5/mile for every mile between the renting location and the place where the vehicle is returned without authorization
or abandoned, plus any additional recovery expenses we incur; (m) $25 or the maximum amount permitted by law, whichever is
greater, if you pay us with a check returned to us unpaid for any reason; (n) a reasonable fee to clean the Vehicle of not more
than $250, if returned less clean than when rented; and (o) all other amounts incurred under this Rental Contract.
LESSEE: ____________________________ DATE: ___________________________
18. Lessee acknowledges responsibility as an insurer as well as bailee, and will hold lessor harmless from any and all fines,
forfeitures and penalties arising out of any violation of law; that lessor shall not be held liable for any damages, loss of revenue,
inconvenience or time lost caused by accident, breakdown or malfunctioning of the vehicle; including but are not limited to lost
time from work, the cost of lodging, food, gasoline, telephone, travel, etc. Lessee further agrees to hold the lessor harmless
should damages occur to any of the lessee’s personal property while carried in, or on, such vehicle including loss or damages
caused by fire, water, or theft. Lessee further agrees to indemnify and hold harmless the lessor from, and against any and all
claims for loss of or damage to property or injury to any person (including death) resulting through the use, operation or
possession of said equipment. LESSOR IS NOT RESPONSIBLE FOR ANY INCIDENTAL OR CONSQUENTIAL COSTS
OR DAMAGES OF LESSEE OR PERSONS TRAVELING WITH LESSEE.
19. Proper identification, employment, credit references, and a valid driver’s license must be presented when reserving a vehicle.
All information will be verified.
20. All drivers must be at least 25 years of age. Additional drivers must be listed on this Rental Contract and a $______ fee must be
paid for each additional driver.
21. Complete instructions will be given at time of departure. It will take approximately 45 minutes to one hour. A more
convenient time may sometimes be scheduled.
22. We reserve the right to refuse any application.
23. RV AMERICA’S ability to provide a vehicle, if reserved, is contingent upon and subject to its return by the previous renter and
to accidents and other causes beyond lessor’s control. In the event that your reserved vehicle becomes unavailable, RV America
reserves the right to substitute the vehicle reserved with one of an equal or higher quality, at no extra cost to you.
24. The vehicle remains the property of the lessor and failure to return it on the agreed date may constitute larceny by bailee
subjecting the lessee to all associated penalties.
25. Rental, Indemnity and Warranties. This is a contract for the rental of the vehicle. RV America may invoke all remedies
available to it under this Rental Contract or as permitted by law, including but not limited to repossessing the vehicle at your
expense without notice to you, if the vehicle is abandoned or used in violation of law or this Rental Contract. 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, Rental Contract 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.
26. Prohibited Uses. The following uses of the vehicle are prohibited and constitute a breach of this Rental Contract. You agree
that the vehicle will not be used: a) by anyone who is not an Authorized Driver, by anyone not licensed to drive, by anyone
whose driving license is suspended, or by anyone whose driving license is restricted because of past traffic law violations; b) by
you or anyone else under the influence of alcohol, prescription or non-prescription drugs; c) by anyone who obtained the
vehicle, or extended the rental period by giving us false, fraudulent or misleading information; d) in furtherance of any illegal
purpose, or under any circumstances that could be properly charged as a crime other than minor traffic violations; e) for any
commercial purpose, including but not limited to, carrying persons or property for hire; f) to push or tow anything; g) in any
race or speed contest; h) to teach anyone to drive; i) outside the United States(except to Canada pursuant to pre-authorization
from RV America); j) on any unpaved surface; k) to transport more persons than the Vehicle has seat belts; l) to transport
children without a federally-approved child safety restraint or booster seat as required by state law; m) when the odometer has
been tampered with or disconnected; n) when the vehicle’s fluid levels are low, or it is otherwise reasonable to expect You to
know that further operation of the Vehicle would damage it; o) where applicable, by anyone who lacks experience driving a
vehicle equipped with manual transmission; p) to transport any pet or animal; q) to commit a willful, wanton, reckless or
negligent act with the vehicle; r) , lessee shall not operate, or permit vehicle to be operated in desert areas, including but not
limited to Death Valley during hot periods and s) in derogation of this Rental Contract or any law. Driving the Vehicle under
and overpass without sufficient clearance is also a prohibited use.
27. Breach of Rental Contract: The acts listed in paragraph 25, above, are breaches of this Rental Contract. Likewise, you are in
breach of the Rental Contract if you fail to comply with any provision or term contained within this Rental Contract. If you
breach this Rental Contract, you are liable for all damage to, or loss of, the vehicle caused by your breach. 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 Rental
Contract. You must pay RV America all costs and fees, including but not limited to reasonable attorney fees, incurred by RV
America in enforcing any breach of this Rental Contract.
28. Lessee expressly agrees to indemnify and hold lessor harmless of, from, and against any and all loss, costs, damages, attorney
fees and/or liability in connection with claims from third-parties and, the enforcing of this Rental Contract by the lessor,
including but not limited to expenses incurred in collecting or attempting to collect delinquent rent, and in the even suit is
instituted by lessor to recover damages related to the vehicle and/or to enforce the terms, conditions, and/or provisions hereof,
Lessee agrees to pay all costs and fees, including but not limited to, reasonable attorneys fees of lessor incurred in connection
therewith. Lessee agrees that venue of any action hereunder shall be in the county of the lessor.
29. Modifications. No term of this Rental Contract can be waived or modified except by a writing that we have signed. If any
provision of this Rental Contract is deemed not to apply, is illegal, or is against public policy, the remainder of the Rental
Contract’s provisions shall retain their full force and effect. If you wish to extend the rental period, you must return the vehicle
to our rental office for inspection and written amendment by us of the due-in date. This Rental Contract constitutes the entire
agreement between you and RV America and contains all representations and agreements between you and RV America.
Nothing has been promised by RV America that is not written on the face of this Rental Contract.