top of page

Terms of Service

Last Update: November 18, 2021

Please read these Terms of Service ("Agreement") carefully using any of the Services (as that term is defined below) provided by Destination RV Rentals ("Company", "we", or "us"). By using this website and its related mobile application (which we collectively refer to as the "website") and the Services of Company, you are agreeing to all the terms contained herein. If you do not agree to this Agreement, your only recourse is to not use the website or Services of Company. Our Privacy Policy is incorporated by reference into this Agreement. Please read this Agreement carefully, as it contains important information about limitations of liability and resolution of disputes through arbitration rather than court.

​

If you do not fully agree to the terms of this Agreement and any other terms and conditions posted or linked to the website, you are not authorized to access or otherwise use the website or Services. Company reserves the right to update this Agreement at any time, at the sole discretion of Company, with or without notice to you. Any modification to this Agreement will take effect immediately. Your continued use and access to the website and Services indicates that you agree to any and modifications to this Agreement and also that you acknowledge you will be bound to the terms contained herein. Certain areas of the website or Services (and your access to or use of certain aspects of the Services or Collective Content) or different programs or offers that we may extend to you, may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between this Agreement and the terms and conditions posted for a specific are of the Services, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Services.

​

If you accept or agree to this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement and, in such event, "you" and "your" will refer and apply to that company and other legal entity. Listing services are restricted to those persons who are twenty-one (21) years of age and older. Rental services are further limited to those persons who are twenty-five (25) years of age and older in accordance with state and federal laws. Any access or use of the Services by anyone under those age restrictions is expressly  prohibited. By visiting the website or utilizing the Services, you warrant you are the requisite minimum age, and that you have the right, authority, and capacity to agree to and abide by this agreement.

​

1. Definitions.

​

"Collective Content" means User Content and Company Content.

​

"Company Content" means all Content that Company makes available through the website or Services, including any Content licensed from a third party, but excluding User Content.

​

"Content" means text, graphics, images, music, software, audio, video, information and any other content or materials.

​

"Listing" means an RV that is listed as available for rent via the Services.

​

"User" means a person who completes Company's account registration process, including but not limited to Renters, or a party visiting the website and/or requesting a reservation on the website.

​

"User Content" means all Content that a user posts, uploads, publishes, submits or transmits to be made available on the website or through the Services.

​

"Company" means the Company who creates a Listing via the Services.

​

"Renter" means a User who requests a booking of an RV via the Services, or a User who uses an RV rented via the Services.

​

"RV" means a recreational vehicle including, but not limited to, trailers, towables, campers, vans, coaches, or other recreational vehicles listed on the website.

​

"Services" means the services provided through the Company's website and mobile applications, pursuant to which Company and Renters may connect, so that Renters may rent an Company's RV for a period of time for a price negotiated by and between the Renter and Company.

​

"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.

​

2.Services; License to Use the Website & Services

​

The Services provided through the Company's website and mobile applications connect Company and Renters, so that Renters may rent a Company's RV for a period of time for a price negotiated by and between the Company and Renter. The Company and/or Renter may engage Company for Services made available through Company's communication tools or through the "Request a Quote" platform. The Services are intended to be used to facilitate the rental of RVs. You may search Listings as an unregistered User on the website; however, if you wish to book an RV or create a Listing, you must first register and create an account.

​

Users are granted a limited , revocable non-exclusive license to access the website and the Services solely for the purpose of listing an RV, searching for an RV, purchasing or researching (for the purpose of inquiring about purchasing) any of the products or services offered on the website, or for any other purpose clearly stated on the website, all in accordance with this Agreement. Any use of the website that is not for one of these purposes or otherwise in accordance with this Agreement or as otherwise authorized by us in writing is expressly prohibited.

​

3. Collective Content

​

Forms. Any and all rental agreements and other forms provided by Company, regardless of the nature of the contract, form, or documentation, are provided as a template and are not to be considered representation or prepared for either rental party on behalf of Company. Rental parties utilize such forms at their own risk and responsibility.

​

Listings. Company may create a Listing(s) for an RV(s) through the website. By listing an RV, Company agrees to provide true and accurate information and are representing that the information that they are providing is accurate, that the photos contained in the Listing are actual photos of the RV being advertised, and that they are not misrepresenting their RV in any way.

​

Company further represents and warrants that any Listing that such Company posts and the booking of, or a Renter's use of, an RV in a Listing: (i) will not breach any agreements such Company entered into with any third parties, and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to an RV included in a Listing posted by such Company (including having all required permits, licenses and registrations); and (b) not conflict with the rights of third parties.

​

Please note that Company assumes no responsibility for a rental party's compliance with any agreements with or duties to third parties, applicable laws, rules, and regulations. Company disclaims any responsibility for the accuracy of the information provided by the Company. Company reserves the right to edit any portion of the Listing including the content or the photos contained and provided in the Listing. Further, Company reserves the right to (but is under no obligation to) terminate any Listing, without notice to you, either temporarily or permanently, if Company believes that any of the information posted is inaccurate and/or misrepresents the RV in any way.

​

Member Content. By making available any User Content on or through the website or the Services, you hereby grant to Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise . Without limiting the generality of the foregoing, Company may aggregate User Content and other User data with the data and information of other Users of the Services for purposes of data analytics and in order to  measure, enhance, and improve the Services; provided, that any such aggregation or analysis will be on an anonymous, non-personally identifiable basis, and will not identify any data as belonging to or being provided by any specific customer or other organization.

​

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Services or you have all rights, licenses, consents and release that are necessary to grant to Company the rights in such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Company's use of the User Content (or any portion thereof) on, through or by means of the Services or otherwise will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

​

4. Unauthorized Uses of the Website and Services.

​

The license to use the website and Services granted to Users does not include any right of collection, aggregation, copying, scraping, duplication, display or any derivative use of the website nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines that use tools together information for the sole purpose of displaying hyperlinks to the website, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.

​

Unauthorized uses of the website also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously and specifically agreed to by us:

​

  • Any commercial use of the website or any content on the website, other than by Users in good standing;

  • Copy, reproduce, upload, post, display, republish, distribute or transmit any part of the Collective Content in any form whatsoever;

  • Reproduce any portion of the website on your website or otherwise, using any device including, but not limited to, use of a frame or border around the website, or other framing technique to enclose any portion or aspect of the website, or mirror or replicate any portion of the website;

  • Deep-link to any portion of the website without our express written permission;

  • Modify, translate into any language or computer language or create derivative works from, any content or any part of the website;

  • Reverse engineer any part of the website;

  • Sell, offer for sale, transfer or license any portion

​

PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF RVS, COMPANY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY RVS. COMPANY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND RVS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE RENTER'S AND OWNER'S OWN RISK.

​

5. Use of Other Users' Information, No Spam

​

You agree that, with respect to other Users' personal information that you obtain directly or indirectly from or through the website or through any Services, transaction or software, we have granted to you a license to use such information only for: (i) website-related communications that are not unsolicited commercial messages, (ii) using Services offered through the website, and (iii) inquiring about or otherwise facilitating a financial transaction between you and the other User related to the purpose of the website. Any other purpose will require express permission from the User. You may not use any such information for any unlawful purpose or with any unlawful intent.

​

We do not tolerate spam or unsolicited commercial electronic  communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a User, even a User  who has rented an RV from you or to you, to your mailing list (email or physical mail) without the User's express consent. You may not use any tool or service on the website to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate this Agreement.

​

6. Online Booking

​

Company and Renter will negotiate and set all RV rental pricing between themselves. Company is responsible for requesting payment from Renter through Company's secure payment system. All payments by Renters via credit card.

​

An RV rental booking is only reserved with the first (or only) payment on a booking reservation has been processed through Company's secure payment system. Company guarantees all RV Renter payments made through Company's payment system up to then thousand US dollars ($10,000.00 USD). At the Company's discretion, Renters may split the booking payment in two (2) installments, if and only if the rental dates are more than thirty (30) days in advance of the first payments. However in all cases, final payment must be made on or before thirty (30) days prior to the rental date. Company holds all payments made during the thirty (30)-day period.

​

7. Damage to RVs; Renter Responsibilities

​

Renter will be solely responsible for the condition of the RV which includes both the full interior of the RV and any and all parts of the exterior of the RV during the rental period and the condition that the RV is returned in to the Company. Renters (and not Company) will be held liable for any and all damages to the RV that occur during the rental period. Further, Renters will be held liable for any damage that cannot be proven to have existed prior to the rental period. All Users agree to assist Company in the settlement of security deposit claims and dispute resolution.

​

If you are towing an RV, you represent and warrant that (i) the towing RV that you use during the rental period has the capacity to tow the RV; (ii) any load will be properly and placed for safe operation of the RV; (iii) and you will ensure that when towing the RV, it is properly secured and connected to the towing RV and you will use safety chains, cables, locking devices and other similar devices meeting the requirements of applicable laws.

​

You must return the RV to the place of pick up or other location that the Company specifies, on the date and time due and in the same condition that you received it except for ordinary wear. You must empty waste tanks. If you with to extend the rental period, you must do so by booking a rental extension through the DestinationRVRentals.net platform. If the RV is returned after the date and time due, you remain responsible for the loss of and any damage to the RV until the Company inspects it, and charges may continue to accrue. Service to the RV or replacement of parts or accessories during the rental period must have the Company's prior written approval. You must check and maintain all fluid levels and return the RV with at least the same amount of fuel as when received.

​

8. Security Deposits

​

Company will collect and hold in escrow a security deposit forty-eight (48) hours prior to the rental date for Company. Company will hold all security deposit funds during the rental period. Company has the right to request a payment from the security deposit funds within the seventy-two (72) hours after the rental period. Company must submit dated departure and return forms, supplied by Company, along with their request for reimbursement. Company will review the request for payment and the requested amount to Company's after seventy-two (72)  hours have passed from the rental end date, should Company approve the request. Company may also request additional information from either rental party. If, as a Renter, Company determines that you are responsible for damaging an RV or any personal or other property located in an RV pursuant to the Agreement, you authorize Company to charge credit card or ACH used to make the booking in order to collect any security deposit associated with the Listing and/or any additional charges. 

​

After the completion of the rental period, certain amounts charged by the Company in excess of the security deposit must be expressly agreed to by the Renter in writing before Company will charge the Renter's credit card for the overage amount.

​

9. Insurance; Optional Insurance​

​

Users are solely responsible for obtaining insurance coverage sufficient to protect their RVs, guests,, or trip, as applicable. Company agrees that they have or will obtain the appropriate insurance coverage sufficient to cover the rental of the RV before listing the RV for rent on the website and will maintain adequate insurance coverage for so long as they list RVs for rent on the website. Further, Company agrees to provide copies of relevant proof of coverage upon request.

​

Optional Insurance. If you choose to purchase RV Rental Insurance offered through the Company, ("Insurance"), and referred to throughout as "The Policy" you will be added as additional insured to the Master Fleet Rental Insurance Policy, which is an excess and surplus lines policy issued in the state of Florida. Note that Company is not an RV broker, agent or insurer.

​

The Policy covers accidents or occurrences while the Renter or an Authorized Driver is operating the vehicle listed on The Policy, for the coverage provided by The Policy and for which you have paid a premium. In addition, The Policy covers accidents or occurrences while the vehicle listed on The Policy is occupied but not under operation, for the coverage provided by The Policy and for which you have paid a premium. Coverage will include: for units 15 years old or newer Comprehensive and Collision with a (Policy Deductible) deductible per occurrence and for motorized units only bodily injury and property damage liability, (Policy Liability Limit), on an excess basis. This is the Underlying Liability coverage offered through The Policy.

​

If The Policy is cancelled at your request prior to taking possession of the RV rental, there will be no minimum earned premium retained by the insurer for this insurance. However, if this insurance is cancelled at your request after taking possession of the RV rental, the premium will be fully earned and retained by the insurer.

​

The Policy does not offer nor cover You, or anyone using the RV, for Uninsured, Underinsured or Uninsured/Underinsured Motorists Bodily Injury or Property Damage, Medical Payments Coverage or Personal Injury Protection or any other coverage not noted above. The named insured has rejected all coverage other than the coverage defined and offered for purchase herein and as a purchase of coverage under The Policy you expressly agree to the selection and rejections made by the named insured under The Policy. However, The Policy may comply with individual state specific requirements. If an accident, to which The Policy applies, occurs in any state or province other than the one in which The Policy is written, we will interpret The Policy coverage for the Accident or occurrence as follows:

​

If the state or province has a financial responsibility, compulsory insurance or similar law requiring a driver using a recreational vehicle in that state or province to maintain insurance with limits of liability for bodily injury or property damage higher than the limits The Policy provides, then the limits of liability under The Policy that will apply to that accident will be the higher Minimum Liability Coverage limits required by the law in that state or province of the applicable limits of liability provided for that insured under The Policy.

​

The Policy's coverage territory is the United States and Canada. There is no coverage for accidents occurring in Mexico.

​

By purchasing this insurance, you expressly agree that you understand and agree that coverages are limited as set forth above and that the intent of The Policy that you selected to purchase coverage under is to provide Liability coverage to third parties who may be injured by your operation of the RV and to provide Comprehensive and Collision coverage for the RV you have rented.

​

Your risk is not protected by the state insurance insolvency fund, and the insurer or the risk retention group from which your purchasing group obtained its insurance may not be subject to all of the insurance laws and rules of this state. 

​

Completed Departure and Return forms, supplied by Company, must be submitted in the event a claim is filed. The Departure and Return forms must be dated by the company no later than 72 hours after the end of the term in which the loss occurred. However, in the event that the company does not complete the Departure and Return forms, as supplied, within 72 hours after the end of term in which the loss occurred, then any damages paid out of The Policy will be reduced by 200% of the applicable deductible listed on the Declarations Page up to a maximum of $3,000. The Policy will not pay for a loss which is not reported within 30 days after the end of the rental term in which the loss occurred.

​

Renter agrees that Insurance may charge their payment method for the full premium amount related to a rental booked through Company. Renter also agrees that premium is fully earned and non-refundable once Renter has taken possession of the covered RV. In addition, the Renter authorizes the Company to charge the credit card or ACH used to make the booking to collect any deductible amount owed in excess of the withheld Security Deposit.

​

In the event that a Renter initiates a chargeback with their credit card company for the insurance premium charge, Insurance will use commercially reasonable efforts to dispute the validity of the chargeback. Company and Renter agree to cooperate with Insurance and to provide investigation. Company and Renter authorize Insurance to share information about a chargeback with Company, the Renter, the Renter's financial institution, the Company, and the Company's financial institution in order to investigate or mediate a Chargeback. Renter acknowledges that chargeback decisions are made by the applicable issuing bank, Card Networks, or NACHA and all judgments as to the validity of the chargeback are made at the sole discretion of the applicable issuing bank, card networks, or NACHA.

​

If you do not choose to purchase RV rental insurance made available, via The Policy, then it is the sole responsibility of Company to ensure that Renters have obtained and secured the proper insurance coverage for the rental period. Additionally, it is sole responsibility of Company to check the insurance policy of the RV Renter so make sure that the policy obtained is in compliance with state and federal law minimums.

​

Your risk is not protected by the state insurance insolvency fund, and the insurer or the risk retention group from which your purchasing group obtained its insurance many not be subject to all of the insurance laws and rules of this state.

​

10. Company Service Fees

​

In consideration for your access to and use of the Services, you agree to pay the fees, charges, and other amounts set forth herein or that may otherwise be charged by Company from time to time and as set forth on the website or the Services. Payment for Services will be paid via credit card or ACH directly to the Company. Company reserves the right to increase fees at the end of each term without notice to Party. In the event of non-payment or late payment, Company reserves the right to suspend services until the full amount due is paid in full. Delinquent amounts are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection, including Company's attorneys' fees. You will continue to be charged for amounts owed hereunder during any period of payment delinquency. Further, and without limiting any other rights or remedies available to Company hereunder or under applicable law, in the case of any payment default, Company, may, in its sole discretion, remove or delete any of your User Content or other data that may be stored or maintained by you on the Services. Removal of such User Content or data does not relieve you of your obligation to pay any outstanding charges assessed to your account. Company will not be obligated to restore any User Content or other data removed from the Services for Members or other users who are in default.

​

Company charges a Service Fee payable by Renters who book via the website. The Service Fee covers the use of the website and Services, including such features as guaranteed 24/7 roadside support, and is calculated as a percentage of the total reservation amount (which may or may not include additional fees, taxes, and deposits). The exact Service Fee charged will be displayed to Renters at the time of booking. The Service Fee will be refunded along the following lines (see section 16 for all details of cancellation policies):

​

  • In the event of a cancellation by the Company: Full refund of Service Fee

  • In the event of a Renter cancellation for which they are entitled to a full refund under the cancellation policy: Full refund of the Service Fee

  • In the event of a Renter cancellation for which they are not entitled to a full refund under the cancellation policy: No refund of the Service Fee

​

Any taxes alleged to be owed by any taxing authority on the Service Fee are the responsibility of Company.

​

11. Renter Fees

​

The fees you see listed below are related to any post-rental resolution between the Company and the Renter that requires Company involvement. The list may not be exclusive and the Company and Renter may agree to additional fees outside of this Agreement. Failure to charge any of the fees below shall not constitute a waiver of the right to exercise the same in the event another fee should become due at any other time. More information about the Post-Trip Fee Policy can be found in the help center.

 

Administrative Fee. Company shall charge the Renter an administrative fee on any charges listed by the Company on the Return form (identified as overages, charges, damages).

 

Late Fee. If a Renter returns the RV after the agreed rental period end time, such Renter will be charged a late fee. This late fee is calculated by combining an administrative fee to the prorated hourly rental rate (based on the daily rate for the RV rented). There is a one (1)-hour grace period with each rental. If the late return results in the disruption of another rental or Company needs to find alternative transportation due to the late return, the Renter will pay the full daily rate for every eight (8) hours the RV is late. These charges will be added to the initial rental rate agreed upon by the Company and Renter.

 

Cleaning Fee. We understand that RVs get dirty out on the road. Returning an RV with a normal amount of dirt is acceptable and will not result in any additional charges. However, if an RV is returned, covered in dirt, soot, trash, food, wine stains, etc. and you, as Renter, do not clean the RV prior to returning it, the Company may charge the Renter, possibly through Company, an additional cleaning fee. These fees may vary for each Owner.

 

No-Show Fee. If the Company does not show up to meet the Renter and make the RV available for the Renter at the agreed upon rental start time, Company will treat this as a Company cancellation. If a Renter does contact Company to cancel the rental, the Renter will be charged the total amount for the rental period until the issue is resolved. If the Renter does not show to pickup the RV, it will be treated as a Renter cancellation and subject to the Company's cancellation policy.

​

Refueling Fee. Renters should check with the Company to discuss their fuel options and miscellaneous charges before the rental begins. The RV's gas tank and propane tanks should be full when you pick it up, but be sure to discuss expectations and options. The typical refueling options that our Owners offer are:

​

  • The Company includes fuel with the rental (not very common).

  • The Renter refuels the RV prior to the end of the rental and returns it with the same amount of fuel at the time of pickup. If the rented RV is not refueled upon return, the Company will send Renter the receipt. The amount will be charged to the Renter plus an administrative fee.

​

RV Damage. A $100 fee will be incurred for stranding an RV (in addition to any costs incurred to repair the RV). In the case of any damage to the RV (fiberglass, cushions, cabinetry, electronics, etc.), the Renter will be charged the actual cost of parts plus hourly labor costs needed to repair the damaged item. The amount will be charged to the Renter plus an administration fee.

​

Lost Item Fee. Any lost or damaged items will be valued at Good Sams or Amazons Internet retail pricing for comparable item(s). The amount must be claimed on the Damage Form and will be charged to the Renter plus an administrative fee.

​

12. Cancellation Policies; Refunds.

 

Company offers various levels of cancellation policies to Company. Company will choose from the policies outlined below when negotiating or setting the price for their RV rental. Each cancellation policy details the possible refund for the Renter.
 

  • Flexible: Renter is entitled to a full refund of monies paid, less the Service Fee, for all cancellations made at least thirty (30) days prior to the rental start date. If Renter cancels within the thirty (30)-day window immediately prior to the rental start date, the Renter is only entitled to a fifty percent (50%) refund of all monies paid, less the Service Fee.

  • Standard: Renter is entitled to a full refund of monies paid, less the Service Fee, for all cancellations made at least thirty (30) days prior to the rental start date. If Renter cancels between twenty-nine (29) and fourteen (14) days prior to the rental start date, the Renter is only entitled to a fifty percent (50%) refund of all monies paid, less the Service Fee. If a cancellation is made within the fourteen (14)-day window immediately prior to the rental start date, the booking is non-refundable.

  • Strict: Renter is entitled to a full refund of monies paid, less the Service Fee, for all cancellations made at least thirty (30) days prior to the rental start date. If a cancellation is made within the thirty (30)-day window immediately prior to the rental start date, the booking is non-refundable.

​

Renter will be required to agree to the cancellation policy selected by the Company. Any Renter who wishes to cancel their booking must submit a cancellation request through the platform. The cancellation request will be processed according to the Company's chosen cancellation policy which the Renter previously agreed to.

​

In order to receive any type of refund, cancellations must be made by 11:59 PM EST on the day set forth in the applicable cancellation policy.

​

For all bookings made seven (7) or more days prior to the rental start date, there is a twenty four (24) hour grace cancellation period wherein the Renter will be entitled to a refund of all monies paid. For all bookings made less than seven (7) days prior to the rental start date, there is only a one (1)-hour grace cancellation grade period wherein the Renter will be entitled to a refund of all monies paid. Once the rental period starts, the booking is non-refundable.

​

U.S. military service members are eligible to receive a full refund regardless of the cancellation policy if their cancellation is due to an active deployment or other military-issued order (Company reserves the right to ask for supporting documentation). From time to time, at Company’s sole discretion, Company may offer refunds outside of the cancellation policy. 

​

13. Chargebacks

​

In the event that a Renter initiates a chargeback with their credit card company, for either rental fees or a security deposit, Company will be informed that a chargeback has been initiated. If Company deems that the chargeback is not warranted, Company will use commercially reasonable efforts to dispute the validity of the chargeback on the Company's behalf. Company agrees to cooperate and to provide any information that may be reasonably requested by Company in its investigation. The Company is authorized to share information about a chargeback with the Renter, the Renter’s financial institution, and Company's financial institution in order to investigate or mediate a chargeback. In the event that a chargeback dispute is lost, and funds are debited from Company’s account, Company may with or without notice, recapture such amount from Owner’s bank account or to withhold such amount from any payment due to Company now or in the future. Company acknowledges that chargeback decisions are made by the applicable issuing bank, card networks, or NACHA and all judgments as to the validity of the chargeback are made at the sole discretion of the applicable issuing bank, Card Networks, or NACHA.

​

14. Limitation of Liability

 

WE ARE NOT LIABLE AND EXPRESSLY DISCLAIM ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM ANY MEMBER OR OTHER USERS OF THE SERVICES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY RELATED PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

​

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICES REMAINS WITH YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND WITH OTHER PERSONS AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED ANY COMPANY OR RENTERS. YOU UNDERSTAND THAT COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF MEMBERS OR OTHER USERS OF THE WEBSITE OR THE SERVICES, OR TO INSPECT OR VISIT ANY RVS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR OTHER USERS OF THE WEBSITE OR THE SERVICES. YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS OR INTERACTIONS WITH OTHER USERS, INCLUDING BUT NOT LIMITED TO COMPANY AND RENTERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. COMPANY SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY COMPANY, RENTER, OR OTHER THIRD PARTY. YOU ACKNOWLEDGE THAT COMPANY DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER OR OTHER USER.

​

EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY ORDER, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.

​

THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANY THIRD PARTY PROVIDER OR ANY USER OF THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS.

​

THIS LIMITATION OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.

​

15. Disclaimers

​

The website and the Services may be subject to limitations, delays, and other problems inherent in the use of the Internet, mobile devices and electronic communications. We are not responsible for any delays, delivery failures or other damages resulting from such problems.

​

THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS, AS AVAILABLE BASIS. COMPANY DOES NOT MAKE ANY WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE; NOR DOES IT MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED BY USING THE SERVICES, PURCHASING A LISTING, OR RENTING AN RV. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY PRODUCT OR SERVICE PROVIDED TO USER HEREUNDER IS PROVIDED "AS IS" WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY.

​

16. Release; Indemnification

​

IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER-CONTRIBUTED CONTENT) OR ANY THIRD PARTY PROVIDER OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE WESITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE COMPANY AND ITS PARENT, SUBSIDIARIES, AND AFFILIATES COMPANIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, ATTORNEYS AND AGENTS (THE "COMPANY") FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE.

​

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

​

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD EACH MEMBER OF THE COMPANY HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE COMPANY IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE WEBSITE OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE WEBSITE, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, ANY USE OF A TOOL OR SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. 

​

WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.

​

17. Arbitration; Dispute Resolution

​

Company’s right to amend this Agreement, in whole or in part, does not apply to this "Disputes; Arbitration" section. The version of this “Arbitration” section in effect on the date you last accepted the Agreement controls.

​

Any and all claims will be resolved by binding arbitration, rather than in court, except you may assert claims on an individual basis in small claims court if they qualify. This includes any claims you assert against us, our subsidiaries, users or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any claims that arose before you accepted the terms of this Agreement regardless of whether prior versions of the Agreement required arbitration.

​

Prior to beginning an arbitration proceeding, you must send a letter describing your claims to the Company.  If we have claims against you, we will give you notice at the email address or street address you have provided. If the parties are not able to resolve the matter, the party pursuing arbitration must file a case according to the rules set forth by the American Arbitration Association (AAA). Arbitrations will be conducted by the AAA under its rules, including the AAA Arbitration Consumer Rules (together, the “AAA Rules”). Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

​

You and Company acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable claims. You and Company acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all claims. Further, unless you and Company both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding.

​

Arbitration Hearing/Location. You agree that any required arbitration hearing will be conducted in either (a) Travis County; (b) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.

​

18. Special Terms for Google Maps and Geolocation Tracking

​

Google Maps Terms of Use.  Users’ use of the website and Services is further subject to Google Inc.’s Terms of Service for Google Maps set forth at the following URL: http://maps.google.com/help/terms_maps.html (or such other URL as may be updated by Google).   

​

Google Maps Legal Notices.  The legal notices set forth at the following URLs supplement the terms and conditions of this Agreement, and are binding on the Users: (i) Google Maps/Google Earth Additional Terms of Service at http://www.maps.google.com/help/legalnotices_maps.html (or such other URL as may be updated by Google) and (ii) Google Privacy Policy at https://www.google.com/policies/privacy/ (or such other URL as may be updated by Google).

​

The RV may be equipped with global positioning satellite (“GPS”) technology or another telematics system and/or an event data recorder, and privacy is not guaranteed. Renter agrees to inform all drivers and passengers that you have authorized release of information collected by GPS or other telematics system to the Owner and the Company.

 

19. Reservation of Rights; Use of Marks.

​

Company expressly reserves all rights in the website, the Services, and all other materials provided by Company hereunder not specifically granted to a User. It is acknowledged that all right, title and interest in the website, the Services, and all other materials provided by Company hereunder, any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with Company (or third party suppliers, if applicable) and that the Services and all other materials provided by Company hereunder are licensed and not “sold” to Party. Names, logos, and other materials displayed on the website and the Services constitute trademarks, trade names, service marks or logos (“Marks”) of Company or other entities. No User of the website or the Services is authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Company or those other entities. Any use of third-party software provided in connection with the Services will be governed by such third parties’ licenses and not by this Agreement.

​

20. General Provisions

​

Nondiscrimination. At Destination RV Rentals we are committed to providing an RV rental experience built on a foundation of inclusiveness, safety and respect. Our services are available to renters and owners without regard to race, color, ethnicity, religion, national origin, ancestry, disability, sex, gender identity, sexual orientation or marital status. We expect all users to demonstrate respect and tolerance in all interactions when it comes to the advertisement and rental of a listed RV, and we reserve the right to remove any user from the community who fails to abide by these principles. 

​

No Partnership. Nothing contained in this Agreement places you and Company in the relationship of principal and agent, master and servant, partners, or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.

​

Governing Law. These Terms are governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), AAA Rules, federal arbitration law, and for U.S. residents, the laws of the state in which you reside (as determined by the billing address you have provided us), without regard to conflict of laws principles. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law.

​

Revisions to Website; Revisions to this Agreement. This version of the Agreement became effective on the date set forth above and this version amends the version effective before such date.  We reserve the right, in our sole discretion, to amend this Agreement, in whole or in part, at any time.  Notification of any amendment will be posted on the website by the indication of the last amendment date at the top of this Agreement and will be effective immediately. When you log-in or otherwise continue to use the website or the Services, you will be using the website and the Services subject to this Agreement (as updated). Should any modification or amendment to this Agreement not be effective, for whatever reason, the prior version of this Agreement shall remain in effect between you and Company and shall be controlling. Company reserves the right in its sole discretion to review, improve, modify, terminate, or discontinue, temporarily or permanently, the website, the Services or any content or information available thereon with or without notice to you or any user. You agree that Company shall not be liable to you or any third party for any modification or discontinuance of the website or the Services.

​

Headings. The headings contained herein are for convenience only and are not part of this Agreement.

​

Entire Agreement. This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. In case of a conflict between this Agreement and any purchase order, service order, work order, confirmation, correspondence or other communication of a User or Company, the terms and conditions of this Agreement shall control. No additional terms or conditions relating to the subject matter of this Agreement shall be effective unless approved in writing by any authorized representative of you and Company. Notwithstanding the foregoing, if there is a conflict between this Agreement and terms and conditions posted for a specific area of the Services, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Services.

​

Severability. All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

​

Notices. For notices that are directed to you as part of Company’s general User base, Company may give notice by means of any of the following: (a) a general notice on the Services; (b) by electronic mail to your e-mail address on record in Company’s account information; or (c) by written communication sent by first class mail or pre-paid post to your address listed in Company’s account information. All notices sent to you specifically under this Agreement (and not sent to the general customer base) shall be in writing, and may be given by means of any of the following: (x) by electronic mail to your e-mail address on record in your account information; or (y) by written communication sent by first class mail or pre-paid post to your address listed in your account information. All notices to be delivered by you to Company shall be in writing and shall be delivered by contacting Company here: https://help-rvshare.force.com/s/contactsupport. Either Company, on one hand, or you, on the other hand, may update its contact information for receiving notices by providing writing notice of such update to the other party in the manner provided in this paragraph. A notice delivered electronically hereunder will be deemed to have been delivered on the date and time of the signed receipt or confirmation of delivery or transmission thereof, unless that receipt or confirmation date and time is not a business day or is after 5:00 p.m. local time on a business day, in which case such notice will be deemed to have been received on the next succeeding business day. A notice delivered by first class mail or pre-paid post will be deemed to have been given three (3) business days after mailing or posting.

​

Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.

​

Assignment; Successors. You may not assign, delegate, or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of Company. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Company may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of you or any other party. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

​

Limitation of Actions. No action, regardless of form, arising by reason of or in connection with this Agreement, the Company, its website, or the Services may be brought by either you more than two years after the cause of action has arisen.

​

Copyright Policy; Notice of Infringement. The website and the Services are protected by U.S. copyright laws. You may not use, reproduce, modify, transmit, distribute or publicly display any part of the Website or the Content without our prior written consent.

​

We will terminate the privileges of any User who uses the website or the Services to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. In particular, Members who submit Member Content to this Site, the website or the Services, whether articles, images, stories, software or other copyrightable material must ensure that the Member Content they upload does not infringe the copyrights or other rights of third parties (such as privacy or publicity rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the User that they have used this website or the Services as an instrument of unlawful infringement, we will terminate the infringing User’s rights to use and/or access to the website and the Services. We may also, in our sole discretion, decide to terminate a Member or other User’s rights to use or access the website or the Services prior to that time if we believe that the alleged infringement has occurred.

​

If you believe that your work has been copied on the website in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

​

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

  • A description of the copyrighted work that you claim has been infringed;

  • A description of where the material that you claim is infringing is located on the website; Your address, telephone number, and email address;

  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

​

Links. The Services or the website may automatically produce search results that reference or link to third party sites throughout the global Internet. Company has no control over these sites or the content within them. Company cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. Company does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the website or the Services to search for or link to another site, you agree and understand that you may not make any claim against Company for any damages or losses, whatsoever, resulting from your use of the website or the Services to obtain search results or to link to another site. If you have a problem with a link from the website or the Services, please notify us, and we will investigate your claim and take any actions we deem appropriate at our sole discretion.

​

Feedback. We love to hear what you have to say about Company, the website, or the Services, whether good or bad and encourage, all Members and other Users to provide feedback, comments, and suggestions (collectively, “Feedback”) to us at any time. You acknowledge and agree that all Feedback will be the sole and exclusive property of Company and you hereby irrevocably assign to Company and agree to irrevocably assign to Company all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Company’s request and expense, you will execute documents and take such further acts as Company may reasonably request to assist Company to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

​

​

bottom of page