1. Definitions.
"Agreement" means all terms and conditions found in this form, any addenda, and any additional materials you sign or we provide at the time of rental. "You" or "your" means the person identified as the renter in this Agreement, any person signing this Agreement, any Authorized Driver, and any person or organization to whom charges are billed by us at its or the renter’s direction. All persons referred to as "you" or "your" are jointly and severally bound by this Agreement. "We", "our” or ”us" means the business named elsewhere in this Agreement. "Authorized Driver" means the renter and any additional driver listed by us on this Agreement, provided that each such person has a valid driver’s license, proof of insurance, and is at least 25 years of age. Only Authorized Drivers are permitted to drive the RV. "RV" means the automobile, truck, or trailer identified in this Agreement and any RV we substitute for it, and all its tires, tools, accessories, equipment, keys, and RV documents. "Physical Damage" means damage to, or loss of, the RV caused by collision or upset; it does not include comprehensive damage, such as damage to, or loss of, the RV due to theft, vandalism, act of nature, riot or civil disturbance, hail, flood, fire, or other comprehensive loss not caused by collision or upset. "Loss of use” means the loss of our ability to use the RV for any reason due to damage to it, or loss of it, during this rental; loss of use is calculated by multiplying the number of days from the date the RV is damaged or lost until it is replaced or repaired, times the daily rental rate.
2. Rental, Indemnity, and Warranties.
This is a contract for the rental of the RV. We may repossess the RV at your expense without notice to you if the RV is abandoned or used in violation of law or this Agreement. You agree to indemnify us, defend us, and hold us harmless from all claims, liability, costs, and attorney fees we incur resulting from, or arising out of, this rental and your use of the RV.
We make no warranties, express, implied, or apparent, regarding the RV, no warranty of merchantability, and no warranty that the RV is fit for a particular purpose. All rentals are subject to availability and RV Phoenix LLC reserves the right to cancel the reservation at any time..
3. Condition and Return of RV.
You must return the RV to our rental office or other location we specify, on the date and time specified in this Agreement and in the same condition that you received it, except for ordinary wear. If the RV is returned after closing hours, you remain responsible for the safety of, and any damage to, the RV until we inspect it upon our next opening for business. Service to the RV or replacement of parts or accessories during the rental must have our prior approval. You must check and maintain all fluid levels.
4. Responsibility for Damage or Loss; Reporting to Police.
It is your responsibility to do a complete inspection of the RV at the time of delivery. Upon completion of delivery, you assume all responsibility for the RV. RV Phoenix, LLC makes NO WARRANTY of any kind, nature, or description, express or implied, as to the quality and manufacture, safety, drivability, or fitness for any particular purpose of any RV or equipment covered by this agreement. I (We), the undersigned, accept any vehicle or other equipment provided by RV Phoenix, LLC in its “as is” condition with all faults. You are responsible for all damage to, or loss or theft of, the RV, which includes the cost of repair, or the actual cash retail value of the RV on the date of the loss if the RV is not repairable or if we elect not to repair the RV, plus loss of use, diminished value of the RV caused by damage to it or repair of it, and our administrative expenses incurred processing the claim, whether or not you are at fault. You must report all accidents or incidents of theft and vandalism to us and the police as soon as you discover them.
5. Awning/Fuel Station.
Awnings are extremely delicate and tend to break easily in high winds and bad weather. You are responsible for ALL costs associated with awning damage. We do offer easy-up pop-up canopies for an additional fee per trip per canopy as an alternative. Fueling stations are strictly off-limits. You are responsible for any fuel used on your trip.
6. Optional Use Generator.
A generator is not necessary for normal vehicle operation and is subject to frequent service interruption and maintenance. If you choose to use the generator, extra charges will accrue at $3/hour as determined by the generator’s time meter.
7. Pets.
Pets are welcome on approval. The renter is responsible for any damages incurred by the pet, and the security deposit will be used to repair any damages or to remedy pet odors or eliminate remaining pet hair.
8. Holding Tanks.
The gray and black water tanks must be dumped prior to returning the RV. We provide training if necessary. A list of local sites for dumping will be provided upon request. Note that the gauges on these tanks are generally inaccurate. When in doubt, dump the tanks. A dumping service may be requested and paid for in advance of departure. IF THE TANKS ARE NOT DUMPED AND VALVES LEFT OPEN, YOU WILL BE ASSESSED A $65 DUMPING FEE!
9.
Prohibited Uses.
The following uses of the RV are prohibited and are breaches of this Agreement. The RV shall not be used:
(a) by anyone who is not an Authorized Driver, or by anyone whose driving license is suspended in any jurisdiction; (b) by anyone under the influence of any drug or alcohol; (c) by anyone who obtained the RV or extended the rental period by giving us false, fraudulent, or misleading information, or who withheld information that would have caused us not to rent the RV; (d) in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law other than a minor traffic violation; (e) to carry persons or property for hire; (f) to push or tow anything, to teach anyone to drive, or to carry objects on the roof of the RV; (g) in any race, speed test or contest; (h) to carry dangerous or hazardous items or illegal materiel; (i) outside the United States, Canada or the geographic area indicated elsewhere in this Agreement; (j) when loaded beyond its capacity as determined by the manufacturer of the RV; (k) on unpaved surfaces, except at licensed public campgrounds; (1) to transport more persons than the RV has seat belts, or to carry persons outside the passenger compartment; (m) to transport children without approved child safety seats as required by law; (n) when the odometer has been tampered with or disconnected; (o) when the RV's fluid levels are low, or it is otherwise reasonable to expect you to know that further operation would damage the RV; (p) in a manner that causes damage to the RV due to inadequately secured cargo; (q) after an accident with the RV unless and until you summon the police to the accident scene; (r) to transport an animal. Sitting, standing, or lying on the roof of the RV is prohibited.
10. Insurance.
You are responsible for all damage or loss you cause to others. You agree to provide auto liability, collision, and comprehensive insurance covering you, us, and the RV, and you must provide proof of the aforementioned coverage. Where State law requires us to provide auto liability insurance, or if you have no auto liability insurance, we provide auto liability insurance (the “Policy”) that is secondary to any other valid and collectible insurance whether primary, secondary, excess, or contingent. The Policy provides bodily injury and property damage liability coverage with limits no higher than minimum levels prescribed by the financial responsibility laws of the State whose laws apply to the loss. You and we reject PIP, medical payments, no-fault and uninsured and under-insured motorist coverage, where permitted by law. 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 our insurer. The Policy does not cover losses caused by drivers of the RV who are not Authorized Drivers.
11. Incidental Damage.
There are risks with traveling, including, but not limited to, flat tires, trailer damage inside the unit and out, and damaged awnings. The renter bears the financial responsibility for all incidental damage during the rental period.
12. Charges.
A $200 reservation and security charge is required to reserve the RV. This charge is held as security and is refunded once the trailer has been returned clean, free of damage, and the holding tanks dumped. Absolutely
NO SMOKING
in the unit or you will lose your full $200. If you cancel your reservation at any time we retain your deposit. Your reservation and security charge of $200 will secure the RV for reservations up to the time of departure. This reservation and security charge is not transferable or refundable.
Cancellations within (10) days of scheduled departure date will be billed in full (complete rental cost) to the credit card on file. Cancellation requests must be made in writing.
Reservation and security charges can be made using American Express, Visa, Discover, or Master Card. Rental fees must be paid in CASH and in full at the time of rental. All RVs must be returned at the agreed-upon time. Pickups are after 3:00 pm and RVs must be returned no later than 12:00 p.m. on your return date. You may be able to extend your rental by calling prior to the scheduled drop-off time. A charge of $50/hour will be charged for inappropriate late arrivals. Call us if you are going to be late. All sales are final! We do not issue refunds or credits on our RV rentals for any reason. We make NO WARRANTY of any kind, nature, or description, express or implied, as to the quality and manufacture, safety, drivability or fitness for any particular purpose of any vehicle or equipment covered by this agreement. You will pay us, or the appropriate government authorities, on demand all charges due us under this Agreement, including: (a) time and mileage for the period you keep the RV, or a mileage charge based on our experience if the odometer is tampered with; (b) charges for additional drivers; (c) optional products and services you purchased; (d) fuel, if you return the RV with less fuel than when rented; (e) applicable taxes; (f) all parking, traffic, and toll violations, citations, fines, penalties, forfeitures, court costs, towing and storage charges, and other expenses involving the RV assessed against us or the RV; (g) all costs, including pre- and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing or defending our rights under this Agreement; (h) a 2% per month late payment fee, or the maximum amount allowed by law, on all amounts paid after payment is due; (i) $50, plus $5/mile for every mile between the renting location and the place where the RV is returned, repossessed, or abandoned, plus any additional recovery expenses we incur, (j) $50 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; and (k) a reasonable fee not to exceed $350 to clean the RV if returned substantially less clean than when rented. Weekend Special add-ons will be billed at (5) days.
13. Deposit.
We may use your deposit to pay all rental charges owed to us under this Agreement. Deposit returns are processed within 10 business days after the return of the RV.
14. 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 RV or in any service RV or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.
15. Towing Requirements.
The tow vehicle must have a sufficient tow rating respective of the trailer. The tow vehicle must have a Class III hitch with a 7-pin trailer connector. The vehicle must have an electric brake controller. If you do not have a brake controller, you can rent one for an additional fee. You must notify us in advance of your pickup date. The tow vehicle must be pre-wired to accept a Tekonsha Brake Controller.
16. Indemnify/Hold Harmless.
To the fullest extent permitted by law, I (We) agree to defend (including attorney’s fees), pay on behalf of, indemnify, and hold harmless RV Phoenix, LLC, its employees and volunteers and others working on behalf of the RV Phoenix, LLC against any and all claims, demands, suits, or loss, including all costs connected therewith, and for any damages which may be asserted, claimed or recovered against or from the RV Phoenix, LLC, its employees, volunteers or others working on behalf of the RV Phoenix, LLC, by reason of personal injury, including bodily injury or death and/or property damage, including loss of use thereof, which arises out of or is in any way connected or associated with thereof, which arises out of or is in any way connected or associated with this contract.
17. Arbitration/Mediation.
In the event a dispute shall arise between the parties to this contract, it is hereby agreed that the dispute shall be referred to American Arbitration Association (AAA) for arbitration in accordance with United States Arbitration and Mediation Rules of Arbitration. The arbitrator’s decision shall be final and binding and judgment may be entered thereon. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled of costs of suit including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award.
18. Breach of Agreement.
The acts listed in paragraph 9, above, are prohibited uses of the RV and breaches of this Agreement. 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.15. Indemnify/Hold Harmless. To the fullest extent permitted by law, I (We) agree to defend (including attorney’s fees), pay on behalf of, indemnify, and hold harmless RV Phoenix, LLC, its employees and volunteers and others working on behalf of the RV Phoenix, LLC against any and all claims, demands, suits, or loss, including all costs connected therewith, and for any damages which may be asserted, claimed or recovered against or from the RV Phoenix, LLC, its employees, volunteers or others working on behalf of the RV Phoenix, LLC, by reason of personal injury, including bodily injury or death and/or property damage, including loss of use thereof, which arises out of or is in any way connected or associated with thereof, which arises out of or is in any way connected or associated with this contract.
19. Modifications.
If the rental vehicle referred to under this agreement becomes unavailable RV Phoenix LLC reserves the right to substitute the vehicle with a similar or upgraded unit with no additional fee. If you wish to extend the rental period, you must return the RV to our rental office for inspection and a written amendment by us of the new due-in will be provided. This agreement conditions the entire agreement between you and us. All prior representation and agreements between you and us regarding this rental are void.
20. Mileage Rates.
Mileage rates only apply to motorized recreation vehicle rentals (motorhomes). After included miles are used mileage rates are applied as follows: .$0.37 cents per mile up to an additional 500 miles, then increase to $0.67 cents per mile up to an additional 500 miles then increase to $0.97, each subsequent 500-mile increment increases at a rate of 30 cents per 500 additional miles.
21. Miscellaneous.
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 your rights under this agreement does not constitute a waiver of any other provision of this agreement. Unless prohibited by law, you release us from any liability for consequential, special, or punitive damages in connection with this rental or the reservation of an RV. If any provision of this agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.
By signing below you acknowledge that you have been given an opportunity to read the Term and Conditions of this Agreement before being asked to sign. Your signature authorizes us to process a credit card voucher for all charges due us under this agreement, including later payment of any traffic, toll or parking violations assessed against the RV. By signing this document you assume ALL responsibility for the RV while it is in your possession. You also agree to return the RV in the same condition as you received it.