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
drivers and any person or organization to whom charges are billed by us at its
or the renters direction. All persons referred to as you or your are
jointly and severally bound by this Agreement. We, our or us means the
rental company named on this form. Authorized driver means the renter, the
renters spouse, the renters 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
drivers license ad is at least age 25. Vehicle means the recreational
vehicle or motorhome identified in this Agreement and any vehicle we substitute
for it, and all its tires, tools, accessories, equipment, keys and vehicle
documents. MBA Choice means a motor vehicle liability, collision and
comprehensive insurance policy you purchased from a third party.
Rental, Indemnity &
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. We make no warranties, expressed, implied or apparent, regarding the
vehicle, no warranty of merchantability and no warranty that the vehicle is fit
for a particular purpose. No same day rentals are accepted. A minimum of 24 hrs is required to process all paperwork, insurance and the rental.
Payment: You must have a Visa,
MasterCard, American Express or Discover Card to rent a vehicle, and a security
deposit must be made with: Cash or Credit Card. You acknowledge and agree the
entire rental cost is to be paid and authorized by you within 7 days prior to
departure. Full payment must be collected prior to departure. No personal
checks are accepted at time of pick up.
Fuel: Vehicles must be returned to
us with the fuel tank Full. You acknowledge that you are responsible for the
extra charge of $25 labor fee, plus $4.50 per gallon if the RV is not refueled
upon return. Extra fuel will not be reimbursed.
Return Time: You agree and understand that
all rentals must be returned by 2:00PM of the contract due date, unless
otherwise agreed upon in writing. You understand that there will be a charge of
$50/hour if the RV is not returned by 2:00PM. We reserve the right to close our
doors at the end of the business day, and if the RV is not returned by said
time, you will be responsible for the late charge, as well as an additional
night of rental. If you know that you are going to be late for any reason
including traffic or weather, it is your
responsibility to call our office. We do not issue refunds or discounts for
vehicles returned earlier than the scheduled time. Note: After hours return
times are available on occasion and only when approved by one of our employees.
You agree to park the RV in the allotted space, lock all doors and windows and
place the keys in the drop box shown to you at time of check out. You
understand that the RV is still considered in your custody until 8:00AM on the
next business day, and will assume full responsibility for any and all damage,
vandalism and/or theft of the RV dropped off after hours.
Driver Information: You understand that a copy of
the drivers current drivers license(s) and insurance certificates must be
present BEFORE departure. You must be 25 years of age or older to rent a
motorhome, travel trailer or toy hauler. All persons driving must be present to
sign contracts in advance or sign contracts no later than when the RV is picked
up. One additional driver is allowed at no extra charge. Any additional drivers
will be charged a $20 processing fee per driver.
Road Hazards: You acknowledge and understand
all tire repair/replacement is entirely your responsibility while RV is in your
possession. All failed tires must be returned to us for inspection. You
understand that damage done by you, road hazards, curb cutting, or excessive
dirtiness will not be reimbursed.
Prohibited Uses:The vehicle will not be driven
by anyone who is not an Authorized Driver; by anyone not licensed to drive; by
anyone whose driving license is suspended or restricted because of past traffic
law violations; by anyone who is intoxicated or under the influence of alcohol,
prescription or non-prescription drugs; by anyone who obtained the vehicle by
giving us false, fraudulent or misleading information; in furtherance of any
illegal purpose, or under any circumstances that could be property charged as a
crime other than minor traffic violations; to carry persons or property for
hire or for compensation; to push anything; to tow anything, unless authorized
by us in writing; in any race or speed contest; to carry dangerous, hazardous
or illegal material; outside the United States or in any area restricted by
terms found elsewhere by this agreement; when loaded beyond its capacity as
determined by the manufacturer of the vehicle; on an unpaved surface except at
an RV campground; to transport more persons than the vehicle has seat belts or
to carry persons outside the passenger compartment; to transport children
without a federally approved child safety restraint or booster seat as required
by state law; when the vehicles fluid levels are low or its otherwise
reasonable to expect you know that further operation of the vehicle would
damage it; with any inadequately secured cargo; to transport an animal; after
an accident involving the vehicle without first reporting the accident to the
police and us. Driving the vehicle under an overpass, overhang or roof
structure without sufficient clearance is also prohibited. You agree not to
sit, stand or lie on the roof of the vehicle.
Damage/Insurance
Information: You
agree and understand that you are responsible for theft and/or damage done to
the RV and rented equipment from the moment you arrive to pick up the RV and
after signing the rental agreement, until the check in of the RV is done with
one of our employees. You understand that you are responsible for ALL collision
damage to the RV and the loss you cause to others. You are responsible
for the cost of repair up to the value of the vehicle, towing, storage, impound
fees, and all expenses we incur in locating and recovering the vehicle if you
fail to return it to our office, or if we elect to repossess the vehicle under
the terms of this agreement. Damage done to the RV will be submitted to your
insurance company, or to MBA if you have elected to purchase insurance through
them, as soon as possible. You are responsible for the deductible, per
occurrence. You must report all accidents, theft and vandalism to us, and the
police, as soon as you discover them. You are responsible for all damage to the
vehicle and damage or injury you cause to third parties that is excluded by
your insurance policy. Upon return, we will inspect the rented RV for
cleanliness, clear and obvious damage, usage of fuel, engine miles and
generator hours. A second, more thorough, inspection will be done at the
earliest convenience of our staff. We will charge $100 per hour for labor, if
having to fix any damage. If the damage hinders the RV from being rented again
to another renter scheduled to rent that RV, we will charge you for loss of use
due to damage. Please note that your insurance does not cover loss of use. We
are the only party who will authorize repairs. We reserve the right to have
damages repaired by Temecula Valley RV. You waive the right to dispute who
performs repairs.
Security Deposit: The security deposit will be
refunded after the RV is returned and has completely gone through our check in
process, less any damages. All efforts will be made to obtain estimates of
repairs and/or damages as soon as possible. If the damage exceeds the security
deposit, you are responsible for paying the excess balance owed upon the
returning of the RV. You agree and understand that if you have a balance due
after your rental, we have the right to debit your Credit Card on file. You
agree not to dispute or charge back any charges for damages, missing or broken
items, cleaning and/or late fees.
Pets & Smoking: You agree and understand that
pets and smoking are NOT allowed in the RVs. If there is any evidence of
either, or both, present in the RV, you will be charged up to $350 for special
cleaning and deodorization.
Cleaning: You agree and understand that
the interior of the RV needs to return as clean as when you received it. The RV
must be brought back in rentable condition. If you fail to do so, you agree and
understand there will be an additional fee for cleaning at $50/hour.
Your Property:You release us, our agents
and employees from all claims for loss of, or damage to, your personal property
or that of any other person, that we received, handled or stored, or that was
left or carried in or on the vehicle or in any service vehicle in our offices,
whether or not the loss or damage was caused by our negligence or was otherwise
our responsibility.
Examination: You acknowledge that you have
carefully examined the RV and have marked any previous damage on the Check-Out form. You find the RV suitable for the purpose for which
it is leased. You will maintain both the RV and rented equipment in a safe, and dependable condition while in your custody. You
agree and understand non-operating secondary systems do not constitute a refund
or discount of any kind. You understand that during the course of your trip, if
one or more of the secondary systems are not functioning you are responsible
for contacting us. Refrigerators, Roof and Central A/C, Heating, Leveling
Jacks, TVs, VCR, DVD, Awnings, Slide-Outs, Roof Vents, Step, 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 will be made to you.
Mileage: You are getting a standard 100
free miles per night of the rental. You agree and understand that if you exceed
said miles (as noted on Rental Contract Side One) you are responsible for the
extra charges associated with the mileage overage. You understand there is an
additional fee per mile over the allotted free miles: $0.32/mile (first tier),
$0.49/mile (second tier) and $0.74/mile (third tier). A tier is 100
miles/night. You understand that if you prepaid for said miles (as noted on
Rental Contract) and travels over said miles, you are responsible for the
payment of additional miles (see above tiered system). If the odometer or its seal
is tampered with, you will incur a $500 charge by us and be subject to the
Federal Odometer Law.
Generator: You acknowledge and understand
all motorhomes and some trailers are equipped with a generator, most trailers
are NOT. You understand that if you are going to a destination without
electrical hook-ups and are leasing a RV not equipped with a generator, 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 though
us. You are required to re-fuel the generator prior to returning. Refueling
charges apply (as stated above). You understand the first 2 hours of generator
usage is included per rental day and excess hours are charged at $2.00 each
hour for gas units and $3.00 each hour for diesel. The generator is not required for normal vehicle driving operation. If
the generator hour meter is tampered with, you will incur a $500 charge by us.
Parking Violations: You are responsible for
reporting and payment of all parking/traffic violations at rental termination.
Non-reporting of parking/traffic violations breaches the Rental Contract and
will result in an administrative charge of $50.00 in to addition fines.
Re-Supply: You acknowledge and understand
that there is no Re-Supply policy. The RVs are rented 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.Substitutions:We reserve the right to
substitute RVs if necessary. Advance notification is given whenever possible.
In the event a vehicle cannot be provided and we cannot fulfill your
reservation, we will refund all monies received.
Miscellaneous: 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. 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
release us from any liability for consequential, special or punitive damages in
connection with this rental or the reservation of this vehicle. If the vehicle
is inoperable for more than 24 hours, our liability to you is limited to the
daily rental rate times the number of days the vehicle is inoperable. If any
provision of this Agreement is deemed void or unenforceable, the remaining
provisions are valid and enforceable.