UPDATED 09/01/2023
PLEASE READ THESE TERMS OF SERVICE AND ANY CONTRACT ASSOCIATED THEREWITH OR ATTACHED HERETO (“TERMS”) CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES.
THE SERVICES ARE COMPRISED OF AN ONLINE PLATFORM THROUGH WHICH OWNERS MAY CREATE LISTINGS FOR RVs AND GUESTS MAY LEARN ABOUT AND ARRANGE TO RENT RVs. YOU UNDERSTAND AND AGREE THAT ANY AGREEMENT TO RENT AN RV ARRANGED THROUGH THE SITE IS AN AGREEMENT BETWEEN YOU AND THE OWNER OF THE VEHICLE AND THAT COMPANY IS NOT A PARTY TO ANY SUCH AGREEMENTS. COMPANY HAS NO CONTROL OVER THE CONDUCT OF OWNERS, RENTERS, OR OTHER USERS OF THE SITE OR SERVICES, AND COMPANY DISCLAIMS ALL LIABILITY FOR SUCH CONDUCT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
THIS AGREEMENT CONTAINS A BINDING MUTUAL ARBITRATION PROVISION. BY ACCEPTING THIS AGREEMENT, YOU WAIVE YOUR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES WILL BE RESOLVED BY ARBITRATION, IN LAKE COUNTY, ILLINOIS. IN PARTICULAR, PLEASE READ THE SECTION OF OUR TERMS OF USE TITLED GOVERNING LAW, VENUE AND DISPUTE RESOLUTION, WHICH REQUIRES ALL DISPUTES TO BE SETTLED BY INDIVIDUAL BINDING ARBITRATION. Our terms of service can be found on our website, at the following link: https://www.rvrentals.com/terms-of-service
1. Introduction
1.1 Camping World Leasing Company, LLC d/b/a Good Sam RV Rentals and its affiliates (hereafter referred to as “Company,” “we,” “us,” or “our”) provides an online platform (accessible at http://rvrentals.com) that connects Owners who have recreational vehicles (“RVs”) with persons seeking to rent RVs (the “Platform”). Collectively, the Platform and any website or mobile application through which the Services are made available shall be referred to as the “Site.” In addition to providing the Services, Company may also provide, through itself, affiliates, or third parties, related products and services to users of the Platform and Site. The Platform, Site, and all related products and services that Company may provide (including access and use of an Owner’s RV) are collectively referred to herein as the “Services.” By using the Services or Site, you agree to comply with and be legally bound by these Terms whether or not you become a registered user of the Services. These Terms constitute a legal, binding agreement (the “Agreement”) between you and Company governing your access to and use of the Site, Platform and Services. Please read carefully these Terms and our Privacy Policy, which may be found at https://www.campingworld.com/helpcenter-ourpolicies/privacyPolicy.html. If you do not agree to these Terms, you have no right to continue using the Services or the Site. Failure to use the Services or Site in accordance with these Terms may result in termination of your account, denial of Services and/or civil and criminal penalties.
1.2 Updates to these Terms
These Terms apply to any use by you of the Site and Services provided to or received by you. You will be asked to confirm your acceptance of the Terms when you register on the Site. Company may modify or replace these Terms from time to time by publishing a new version on the Site. You will be notified by email (to the email address provided at the time you register on the Site) of material changes to the Terms. Your continued use of the Site or Services following any amendment to or replacement of the Terms constitutes your acceptance of the Terms, as amended or replaced. If the Terms are updated and you do not agree to such updated Terms, you may not use the Site or Services.
1.3 Other Company Policies
In addition to these Terms, You agree that you will read carefully and comply with all written rules, agreements, and policies that are made available by Company on the Site or in connection with the Services (the “Platform Rules”), which are hereby incorporated herein by reference. These Platform Rules include, without limitation, the following:
Fees Policy (available at https://www.rvrentals.com/bookingfeescancellations)
Cancellation Policy (see Section 7, below)
Frequently Asked Questions (available at https://rvrentals.zendesk.com/hc/en-us/)
Definitions
“Additional Charges” means any fee charged by Company for use of the Site, any additional services, including as set out in the Fees & Cancellations page.
“Class A Vehicles” means any combination of vehicles, if any Vehicle being towed has a gross vehicle weight rating of more than 10,000 pounds; any Vehicle towing more than one vehicle, or; any trailer bus.
“Class B Vehicles” means any single Vehicle with a gross vehicle weight rating of more than 25,000 pounds; any single Vehicle with 3 or more axles, except any 3-axle Vehicle weighing less than 6,000 pounds; any bus except a trailer bus; any 3 or more axle Vehicle or Vehicle with a gross vehicle weight rating of more than 26,000 pounds towing another vehicle with a gross vehicle weight rating of 10,000 pounds or less, or; any motor home over 40 feet in length.
“Credit Card Authorization” means the authorization by the Guest for Company to make further charges to your Credit Card as related to the booking or Liabilities (as described in Section 6).
“Credit Card Hold” means the amount authorized by the Guest to be charged against the credit card presented at the time of booking as a pre-authorization hold (as described in Section 6).
“Damage” includes any and all damage to any part of the Vehicle including but not limited to broken parts, dents, stains, broken, cracked or chipped windscreens, damaged tires, theft, fire, break in or vandalism.
“Fifth Wheel Trailer” means a trailer with a hitch that allows the driver of the Vehicle to connect a cargo attachment on the trailer to the back of a large vehicle.
“Guest” or “you” means a person who meets the Eligibility Criteria set forth in Section 2 registers on the Site as a guest, and who makes a booking with respect to a Vehicle.
“Insurance Policy” means the insurance issued to Company by the Insurance Provider which extends coverage to the renter per the terms of the policy issued to Company.
“Insurance Provider” means a third-party insurer obtained by Company which issued the Insurance Policy to Company.
“Company,” “we,” “us,” or “our” means Camping World Leasing Company, LLC d/b/a Good Sam RV Rentals and its affiliates.
“Owner” means a person registered as the owner of a Vehicle on the Site.
“Owner’s Rental Fee” means the fee for renting out the RV, which will include a daily charge, and any additional charges for cleaning, laundry, additional rental items, and other miscellaneous items.
“Pick-Up / Drop-Off Report” means the report, in the form provided on the Site or through the mobile app, to be completed at the commencement and the conclusion of the Rental Period.
“Rental Period” means the period from the day and time of pick-up to the day of return of the Vehicle.
“Rental Price” means the price paid or payable by a Guest for rental of a Vehicle as specified on the Site.
“Travel Trailer” means a vehicular unit mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use, and of such size or weight as not to require a special highway movement permit when towed by a motorized vehicle.
“Vehicle” or “RV” means a recreational vehicle that has been registered on the Site.
“Vehicle Accessories” means all accessories including camping utensils and other equipment or additional hire items related to the Vehicle.
2. Registration as a Guest
2.1 If you wish to rent a Vehicle, you must register on the Site. By completing the registration process on the Site, you are deemed to have agreed to these Terms. To register to be a Guest or to drive or tow a Vehicle, you must satisfy the following minimum eligibility requirements (collectively, the “Eligibility Criteria”):
A. You must have a valid credit or debit card with sufficient funds or line of credit to cover the cost of a rental. Gift cards of any kind will not be accepted as a form of payment.
B. You must complete and pass the required background check pursuant to such third-party process as approved by the Company; and
C. You must hold a current, valid driver’s license, and must present your license to the Owner when you begin your rental. Please note that depending on state law, some Vehicles may require a special or commercial Vehicle license. It is the responsibility of the Guest to determine whether a commercial Vehicle license is required to drive the specific Vehicle for which a rental request is submitted. If you hold a license from a country or jurisdiction where you reside, other than the United States, you will need to provide your passport and a photograph of your license. Should a foreign license be in a language other than English, it must be accompanied by an accredited English Translation;
D. You must be at least twenty five (25) years old and have at least three (3) years of driving history;
In addition, other people who may be eligible to be a Guest or to drive or tow a Vehicle include: (i) the Guest’s spouse, if that person is a licensed driver and satisfies Company’s minimum age requirement of twenty five; and (ii) any person who operates the Vehicle in an emergency or while parking at a commercial establishment; or (iii) any other individaul required by applicable law (each, an “Additional Driver”). Any Additional Driver who falls into the categories (i)-(iii) above will similarly be required to satisfy all of the Eligibility Criteria.
2.2 We reserve the right to accept or decline your application for registration at our absolute discretion.
2.3 You represent and warrant that you have considered all laws applicable to the operation of the Vehicle and have secured any necessary permits or licenses related to the operation of the Vehicle.
2.4 You represent and warrant that the information you provide to us on the Site, in your Guest account, and verbally is correct, complete, accurate and up-to-date. You agree to promptly notify us of any changes to your information by updating the “profile” section on the Site.
2.5 You warrant and agree that you will safeguard your account information and password used to access your Company account and will not allow anyone else to use your account. You are solely responsible for all activity undertaken through your account, whether or not you have authorized such activity. You agree to immediately notify Company if you learn of or suspect unauthorized use of your account.
3. Your Conduct
3.1 In connection with your use of the Site and the Services you represent, warrant, and agree that you will not:
a. register as more than one Guest or register on behalf of any person other than yourself;
b. contact an Owner for any purpose other than asking a question related to booking that Owner’s Vehicle or for any other purpose expressly set forth in these Terms;
c. use the Site to find an Owner and then complete a booking of a Vehicle without using the Site in order to circumvent the obligation to pay any fees related to the provision of the Site or the Services;
d. use manual or automated software, devices, scripts, or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Services;
e. violate any local, state, provincial, national, park, campground or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, admiralty law and tax regulations;
f. use the Services for any commercial or other purposes that are not expressly permitted by these Terms or permitted by Company pursuant to the terms of a separate written agreement;
g. use our Services in violation of any agreement you have with a third party, including but not limited to a financing bank or insurance company;
h. copy, store or otherwise access any information contained on the Services for purposes not expressly permitted by these Terms;
i. infringe or misappropriate the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
j. interfere with or damage the Services, including, without limitation, through the use of viruses, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
k. stalk or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of the Services;
l. use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or financial information;
m. use our Services in connection with the distribution of unsolicited email spam or advertisements;
n. when acting as a Guest or otherwise, recruit or otherwise solicit any Owner or other member to join third party services or websites that are competitive to Company;
o. use, display, mirror or frame the Services, or any individual element within the Services, Company name, any Company trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Company’s express written consent;
p. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
q. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services; or
r. advocate, encourage, or assist any third party in doing any of the foregoing.
3.2 In connection with your use of the Vehicle you warrant, covenant, and agree that you will not allow the Vehicle to be:
a. operated in breach of any local state, or federal law, act, regulations, or rules or bylaws;
b. towed by any vehicle that does not have a towing capacity that meets or exceeds the gross vehicle weight of the Vehicle.
c. driven outside the United States or Canada; or
d. driven by anyone other than the Guest (unless such person is previously approved by us);
e. used to carry volatile liquids, gases, explosives or other corrosive or inflammable material;
f. used to carry more persons than is permitted by any relevant authority or detailed in the Vehicle manual or on the Vehicle or specified on the Site;
g. used to transport passengers or property for hire or for any other commercial purpose or used for the purpose of transporting or hauling of goods other than what might be reasonably expected of a leisure rental;
h. used to tow any vehicle or trailer;
i. driven off-road (including on any beach), submerged in water, brought into contact with salt water, used in a creek or river crossing, or through flooded areas;
j. used for any illegal purpose or in any race, speed test, rally or contest;
k. left with the ignition key in the Vehicle while it is unoccupied;
l. sublet or hire the Vehicle;
m. driven by a person under the influence of alcohol or drugs or with a blood alcohol level in excess of that permitted by law;
n. driven otherwise than in a prudent and cautious manner;
3.3 In addition to the above, you warrant, covenant, and agree that you must ensure that:
a. all reasonable care is taken in using the Vehicle including securely locking the Vehicle when not in use;
b. you notify us of any damage or injuries to people or third-party property that were caused by the Vehicle or by the use of the Vehicle;
c. you notify us of any Damage to the Vehicle, immediately upon becoming aware of the Damage but not later than forty-eight (48) hours following completion of the Rental;
d. no illegal, dangerous, or hazardous material is carried or permitted in the Vehicle;
e. no animals (other than service animals) are carried or permitted in the Vehicle (unless otherwise agreed with the Owner);
f. you do not smoke or vape or permit any person to smoke or vape in the Vehicle;
g. you and all passengers comply with all applicable laws, including laws related to child restraints;
h. you contact the Owner immediately should Vehicle warning lights indicate any potential malfunction;
i. all reasonable steps are taken to properly maintain the Vehicle, including regular checks of the oil, water, batteries and tire pressure (to ensure they are maintained at recommended levels);
j. if the Vehicle is rented in the state of California, that any child under 8 years of age will be transported in the rear seat of the Vehicle and in a child restraint system because CALIFORNIA LAW REQUIRES ALL CHILDREN UNDER 8 YEARS OF AGE TO BE TRANSPORTED IN THE REAR SEAT OF THE VEHICLE IN A CHILD RESTRAINT SYSTEM. THIS AGENCY IS REQUIRED TO PROVIDE FOR RENTAL OF A CHILD RESTRAINT SYSTEM IF YOU DO NOT HAVE A CHILD RESTRAINT SYSTEM YOURSELF; and
k. if the Vehicle is stolen, you notify the Owner, Company, and the local police department as soon as possible after discovering the theft.
4. Bookings and Payment
4.1 To make a booking, you must initiate a booking request through the Site specifying the Vehicle you wish to rent and the Rental Period together with all such other information and details as are required, including details of a valid credit card (“Credit Card”) of yours for payment of the Rental Price and Additional Charges, if any, and for securing the Credit Card pre-authorization of charges. We will transmit your booking request to the Owner, and the Owner may, at its sole discretion, choose to accept or decline the request for any reason. Certain listings may also offer an “instant book” function through the Services where the Owner agrees to automatically accept any booking request made by Guest.
4.2 If we confirm that the booking request has been accepted by the Owner, an amount up to the full amount of the Rental Price, at Company’s discretion, may be charged to the Credit Card in order to confirm the booking. You will be notified of the actual amount prior to confirming the booking request. Your booking request will not be processed and confirmed until that payment has been made in full. If the payment is not possible or is dishonored or otherwise rejected, Company will immediately cancel the booking.
4.3 You agree that Company is entitled to retain the details of the Credit Card in accordance with the privacy policy and applicable law and regulations and to take any action to recover from the Credit Card the amounts due by you pursuant to these Terms. You expressly and irrevocably authorize Company to charge to the Credit Card all amounts payable by you under these Terms.
4.4 You agree to pay any Additional Charges or other costs incurred in connection with the rental of the Vehicle. You authorize us to charge the amount of the Additional Charges or other costs against the Credit Card.
4.5 Owner acknowledges that all sales tax and title fees were paid at the time when RV was initially purchased. Company only collects and remits certain taxes where applicable in connection with the rental transaction. Owner is separately and solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisor, and, collecting and remitting these taxes to the appropriate taxing authority. Company does not provide tax, legal, or, or other professional advice in connection with the Services. Company disclaims any and all liability of Owner related to such taxes.
5. Extension of Rental Period
You agree that you will not retain the Vehicle beyond the Rental Period. A Rental Period cannot be extended or altered by agreement between the Owner and the Guest. If you wish to continue to use the Vehicle beyond the Rental Period, you must make an updated booking through the Site (which commences at the same time that the existing Rental Period ends). Any such booking must be made at least twelve (12) hours before the end of existing Rental Period and is subject to acceptance by the Owner and payment of the additional Rental Price. You acknowledge that, in the event you breach these Terms and agree directly with the Owner to retain the Vehicle beyond the Rental Period, your rights under these Terms (including any insurance coverage) will not apply beyond the end of the Rental Period.
6. Credit Card Hold
6.1 At Company’s sole discretion, a certain percentage of the total transaction cost, which percentage will be specified on the Site in the Vehicle listing, will be charged to the Guest’s Credit Card at the time the Vehicle is rented, in order to secure the Vehicle and confirm the booking. The remaining balance of the total transaction cost will be charged to the Guest’s Credit Card thirty (30) days prior to the start of the Rental Period. In addition, a Credit Card Hold in an amount set by the Owner, which will function as a security deposit for the Owner, will be required twenty four (24) hours prior to the start of the Rental Period, and will be released at least twenty four (24) hours but in no event more than seven (7) days after the end of the Rental Period. The amount of the Credit Card Hold, as set by the Owner,will be specified on the Site in the Vehicle listing. The Guest must provide a valid credit card at the time of booking. THE GUEST EXPRESSLY AND IRREVOCABLY AUTHORIZES COMPANY TO CHARGE THE AMOUNT OF THE CREDIT CARD HOLD TO THE CREDIT CARD PRESENTED AT THE TIME OF BOOKING. IF THIS CHARGE OR AUTHORIZATION IS NOT POSSIBLE OR IS DISHONORED OR OTHERWISE REJECTED, COMPANY MAY REFUSE TO PROCESS THE BOOKING AND/OR IMMEDIATELY CANCEL THE BOOKING.
6.2 In addition, Company may also require a Credit Card Hold or Credit Card Authorization in order to ensure that sufficient amounts are available to satisfy any outstanding liabilities of the Guest to Company under these Terms. Company may charge to the Credit Card, by giving notice to the Guest, any amounts owed by the Guest to Company under these Terms including (but not limited to) any Additional Charges (including any costs or fines relating to delivery and return of the Vehicle, any Damage, any charges for on-road assistance, any outstanding fines, toll or traffic offenses), or any amounts otherwise arising from or relating to any breach of these Terms by the Guest (“Liabilities”).
6.3 If a Credit Card Hold is made for amounts in excess of the rental fee and any applicable add-on or other fees due by Guest, the excess Credit Card Hold will be released provided the Vehicle is returned undamaged and no Liabilities are owing by the Guest to Company. Release of the Credit Card Hold is not a waiver by Company of the Guest’s liability under these Terms, and Company (and the Owner, if applicable) retains the right to recover monies for Damage to the Vehicle or breach of these Terms notwithstanding the release of the Credit Card Hold.
6.4 Company will notify the Guest in writing of any Liabilities and of any charges made against the Credit Card. If the Guest disputes the Liabilities or the deduction of such amount, the dispute process set out in Section 19 will apply.
6.5 If a Credit Card Hold is made, Company will release the Credit Card Hold:
a. no later than twenty (20) working days after the end of the Rental Period; and
b. within five (5) days if the booking is terminated before the delivery of the Vehicle to the Guest (less any cancellation fees charged under Section 7).
7. Booking Cancellations
7.1 Without limiting Section 7.3, if a Guest cancels a booking which has been confirmed on the Site, cancellation fees may apply (the “Cancellation Fees”), which Cancellation Fees will be payable by the Guest (and the Guest agrees such amounts can be charged to the Credit Card) as set forth in https://www.rvrentals.com/bookingfeescancellations.
7.2 If the Owner reasonably determines that you are unfit to drive at the commencement of the Rental Period, you will be deemed to have cancelled the booking and the full Cancellation Fee of 100% of the Rental Price and any service fees will be payable. An Owner may deem you to be “unfit” for any reason in the Owner’s reasonable discretion, including but not limited to: your apparent intoxication; your appearing to be under the influence of any substance; your seeming inability to use or otherwise operate the Vehicle; the expiration of your driver’s license; your providing inaccurate or fraudulent information regarding your age, license, or Eligibility Criteria.
7.3 If you arrive at the designated pick-up location at the commencement of a Rental Period and the Vehicle is, in your reasonable opinion, materially different from the description of the Vehicle on the Site, you may cancel the booking. In such circumstance, you will not need to pay a Cancellation Fee and you will receive a refund of the Rental Price if:
a. you notify us immediately of the cancellation and inform us of the reason you cancelled the booking;
b. we are satisfied (in our sole discretion) that the reason you cancelled the booking was reasonable under the circumstances.
c. you take a photo or photos of the Vehicle or the conditions that you believe demonstrate that the Vehicle is materially different from the description of the Vehicle on the site and make such photo or photos available to us for verification; and
7.4 We may cancel a booking at any time if the Owner cancels their booking with us, in which case we will refund you the full Rental Price or find you an alternative Vehicle if possible.
7.5 All fees charged and refunds paid by Company are calculated in United States Dollars. Company accepts no liability for losses suffered as a result of it converting currencies, and any exchange risks from the conversion of currencies is the responsibility of the Guest.
8. Vehicle Pick-Up
8.1 You must meet the Owner at the time and place agreed between you and the Owner at the commencement of the Rental Period and must present your driver’s license, which must be valid and current for the duration of the Rental Period (together with an accredited English translation, if applicable) and the type required by applicable law.
8.2 You must, prior to accepting the Vehicle from the Owner, complete and sign the Pick-Up / Drop-Off Report on the Site.
8.3 It is your responsibility to take necessary steps to record evidence of pre-existing Damage to the Vehicle (i.e., photos or a recording) in accordance with the instructions set forth on the Site to prove the condition of the Vehicle at the commencement of the Rental Period.
8.4 You acknowledge having received the Vehicle in a clean condition, with a full fuel tank and full propane tank (if applicable), unless you notify us otherwise.
9. Vehicle Return
9.1 You must return the Vehicle at the end of the Rental Period at the time and place agreed to between you and the Owner as the drop-off location. Under no circumstances may the length of the rental be shorter than two days. The Vehicle must be returned in a clean condition with a full fuel tank and full propane tank (if applicable and subject to any separate agreement with the Owner). The toilet and wastewater tank (if applicable) must be emptied prior to the return of the Vehicle. Failure to adhere to these requirements will result in Additional Charges.
9.2 Late pick-up or early return of the Vehicle does not entitle the Guest to any refund of the Rental Price.
9.3 If the Vehicle is not returned on or before the agreed upon end date and time of the Rental Period, the Guest will incur an Additional Charge in the form of a Late Return Fee for each whole or part day by which the Rental Period is exceeded.
9.4 You must, on return of the Vehicle to the Owner, complete and sign the Pick-Up / Drop-Off Report on the Site, which must include details of any Damage, and which must otherwise comply with all instructions set forth on the Site. Section 19 will apply with respect to any disputes between you and the Owner related to any Damage, and you agree to keep us informed with respect to the status of the dispute.
10. Roadside Assistance
10.1 Company provides twenty four (24) hour on-road assistance support through our partner Good Same Roadside Assitance, an affiliate of Company.
10.2 Any problems associated with the Vehicle including equipment failure, must be reported to Company within twenty four (24) hours in order to give the company the opportunity to rectify the problem during the Rental Period.
10.3 The on-road assistance service provided by Good Sam Roadside Assistance, an affiliate of Company, will be included in the price of any applicable Coverage Package, with respect to any technical malfunction of the Vehicle arising from a manufacturing or material fault making the part concerned unfit for operation during the Rental Period. The Guest will be charged for any on-road assistance where the malfunction was caused by the Guest’s actions or omissions, including without limitation the following;
a. the Vehicle running out of fuel;
b. the keys being locked inside the Vehicle or lost;
c. “dead” batteries caused by incorrect usage of the batteries and or incorrect usage of any equipment that requires the batteries to operate;
d. a breakdown caused by Damage incurred in an accident;
e. a breakdown caused by willful neglect;
f. a breakdown caused by Damage incurred by entering a parking structure; and
g. a breakdown caused by damages and losses incurred during travel in or through restricted areas, or beaches (due to “off-road” usage).
10.4 All on-road assistance required or managed due to circumstances covered in Section 10.3(a)-(e), or otherwise as a result of the Guest’s actions or omissions, will incur a minimum charge of one hundred and fifty dollars ($150.00) plus, any Additional Charges related to third party assistance as set out in the Fees & Cancellations page.
11. Damage and Accidents
11.1 Subject to Section 12, Guest is liable for all loss of, or Damage to, the Vehicle or the property of any third party, or any bodily injury caused to Guest, an Additional Driver or any other person, that is caused during the Rental Period, together with any consequential damage, loss or costs incurred by Company (including any damages we must pay to the Owner). Guest’s responsibility may include: (a) all physical and mechanical damage to the Vehicle up to the Vehicle’s fair market value measured as follows: (i) if Insurance Provider determines that the Vehicle is a total loss: the total loss vehicle value of the Vehicle, less salvage; (ii) if Insurance Provider determines that the Vehicle is repairable: the actual cost of the repairs performed or the estimated cost of repairs if Owner elects not to repair the Vehicle; (b) an administrative fee; and (c) actual charges for towing, storage, and impound. For Agreements executed in California, the above fees will be calculated in accordance with California Civil Codes Secesions 1939.03, 1939,05, and 1939.07. Guest is responsible for loss due to theft of the Vehicle and any damage caused by vandalism that occurs in connection with a theft if Guest fails to exercise ordinary care while in possession of the Vehicle. With the exception of Additional Drivers, allowing anyone other than Guest to operate the Vehicle is a breach of this Agreement and not an exercise of ordinary care. Guest is responsible for damage due to vandalism not associated with theft of the Vehicle up to a maximum of $500.
11.2 The Insurance Policy issued by the Insurance Provider, through Camping World Leasing Company, LLC, Affinity Brokerage, LLC or another Company affiliate, covers certain Damage to the Vehicle which arises as a result of an Accident, other than as set out in Section 12, and subject to terms, conditions, and exclusions of the Insurance. For the purposes of Sections 11 and 12, “Accident”, “Accidental” and “Accidentally” means a sudden and unforeseen event causing physical loss or damage that is not intended or expected by you.
11.3 If the Vehicle is Damaged in an Accident during the Rental Period, you must notify us by calling (866) 827-9601 as soon as possible within twenty (24) hours of becoming aware of the Damage. By signing this agreement, you expressly agree to cooperate with us and the Insurance Provider in all respects, including by providing all reasonable information requested and following all reasonable instructions in relation to the use of the Vehicle and any actions required with respect of the Damage.
11.4 Without limiting Section 1, if the Vehicle is involved in an Accident causing significant Damage to the Vehicle during the Rental Period, you must make the Vehicle secure and inform the local police department immediately, record the license number of any other Vehicles involved and the name and address of any other drivers involved, record the name and address of any witnesses and make a reasonable effort to secure evidence from any available witnesses to the incident, fill out the accident report in your Vehicle and provide a written description of the incident, take pictures and contact Company as soon as possible and within twenty four (24) hours to inform them of the nature of the accident and extent of any Damage.
11.5 You must not arrange or carry out any repair work to the Vehicle.
11.6 If the Vehicle is Damaged during the Rental Period and is deemed (including by the Insurance Provider) to no longer be safe to drive, we will make a reasonable effort to provide you with a replacement or substitute Vehicle for the duration of the Rental Period; provided, however, that if such Damage is deemed to be caused by the negligence or inexperience of the Guest, than Company, in its sole discretion, may determine an otherwise appropriate way to remedy the situation. If no replacement or substitute Vehicle is available, and the Damage to the Vehicle did not arise out of any breach of these Terms by you, we will refund you that portion of the Rental Price that relates to the unused duration of the Rental Period.
12. Insurance
12.1 Company does not accept any liability for personal injuries sustained during the Rental, nor for any loss or damage to any personal belongings or property of the Guest (or any person or entity related to the Guest). Company also has no liability for any costs or losses sustained by a Guest as a result of any disruption or changes to travel plans required or arising out of your rental of a Vehicle (including because of any breakdown of a Vehicle). Company strongly recommends that you take out personal travel insurance to cover any injury, loss and disruption to travel plans.
12.2 State Vehicle Sharing Disclosures.
a. California Car Sharing Disclosures under Cal. Ins. Code § 11580.24. If you are renting in the State of California, you agree, by executing this Agreement, that your rental of any Vehicle through the Site will be used only for personal use. You agree not to rent the Vehicle for use in a commercial manner. The Owner of the Vehicle must provide proof of insurance during any Rental Period with the Vehicle. In accordance with California law, Company will collect, maintain electronic records that identify the date, time, initial and final locations of the Vehicle, and miles driven when the Vehicle was being rented through the Platform. In the event of loss or injury that occurs during the time period when the Vehicle is under your operation and control, Company assumes all liability of the Owner of the Vehicle. Company will continue to be liable until the Vehicle has been returned to the designated location at which the rental terminates, or the earlier of either the expiration of the rental period, the intent to terminate the rental period has been communicated to Company by you, or until the Owner has taken control of the Vehicle. Any person who knowingly presents false or fraudulent claims for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison.
12.3 Stationary or Delivered RV Rentals.
For those rentals where the renter is not permitted to drive an RV or pull a trailer, the renter's auto liability will be limited to state minimums. The owner and platform will maintain $1million protection level. Should the renter violate the terms of the stationary or delivered rental and move, drive, or pull the rented RV or trailer, the renter shall be fully liable for any and all third-party liability (both bodily damage and physical damage) and physical damage (to the rented RV) claims. The owner must take full responsibility in their designation that their particular RV is being offered as a stationary or delivered rental. If the owner has any knowledge that their rental may or is intended to be used otherwise the owner shall cancel the rental and/or immediately report the concern to Good Sam RV Rentals. Failure to do so will void the owner’s $1 million auto liability protection. To the extent allowable by state law, the insurer would look to the owner’s personal RV insurance policy for primary coverage if an accident occurs while they are delivering the RV as the rental transaction will not have commenced.
13. Traffic Violation Fee
13.1 The Guest will be liable for all costs related to, as set out in the Fees & Cancellations page, any Traffic Violation Fee, including:
a. any parking tickets or citations;
b. a speeding offense, red light camera ticket, or an offense for failure to comply with the directions given by a traffic signal or pay a toll; or
c. any other driving or moving traffic violations.
You acknowledge and agree that you are liable for any Traffic Violation Fees and that the Additional Charges (as set out in the Fees & Cancellations page) will also apply with respect to any Traffic Violation Fees. And such fees must be paid by you.
13.2 With respect to any Traffic Violation Fees, we:
a. will undertake to provide you with a copy of the Traffic Violation Fee received and a copy of the reminder notice as soon as is practicable; and
b. will charge you for the amount of the Traffic Violation Fee and applicable Additional Charge. You agree that we are authorized to debit your Credit Card for the amount of the Traffic Violation Fee and applicable Additional Charge(s).
14. Repossession
To the extent permissible by applicable law, we are entitled to terminate the rental of any Vehicle and to take immediate possession of the Vehicle without notice to you if you breach any provision of these Terms. You will reimburse, indemnify, defend and hold us harmless for any allegations, claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the repossession process, and you agree that you will be liable for the applicable Additional Charge.
15. Suspension and Termination of Registration
15.1 We reserve the right to alter, suspend or terminate the Site, the Services, registration of a Vehicle, your status as a registered Guest or Owner and your access to the secure section of the Site temporarily or permanently at any time and without prior notice. Without limiting the above, if you breach these Terms or repeatedly cancel bookings, Company has the right to terminate your status as a registered Guest or Owner and remove your profile from the Site.
15.2 An Owner or Guest can suspend their account on the Site and remove their profile from public access at any time, provided that no current booking is associated with the Guest at that time. Upon suspension of an account by a Guest, we will remove their profile information from public access (but you agree that we may retain profile information as part of our business records in accordance with applicable law).
15.3 A Guest can reinstate their account and public access to his or her profile at any time, with the approval of Company.
15.4 Suspension or termination of a Guest’s account will not affect your or our rights and obligations under these Terms accruing prior to suspension or termination.
16. Intellectual Property and Your Use of the Site
16.1 The material displayed on the Site, including without limitation, all information, text, materials, graphics, software, tools, designs, layouts, results of the use of software and tools, advertisements, names, logos and trade marks (“Content”) are owned by or licensed to Company and are subject to copyright, trademark, or other intellectual property rights under United States or foreign laws and international conventions. All rights, title and interest in and to the Content are owned, licensed or controlled by Company or its licensors. Caching, unauthorized hypertext links to the Site, and framing of any Content without Company’s prior written consent is prohibited. All Content herein and thereto, are and shall remain the exclusive property of Company or its licensors. All rights in and to the Site (and any software, hardware or other technology used to provide the Site), Content and Services are reserved by Company or the party credited.
16.2 You warrant and represent that you own, or that you are authorized to use, access, display, distribute, transmit and upload all relevant intellectual property rights in any content that you upload to the Site (“Guest Content”) and you grant us a perpetual, irrevocable, transferrable, royalty free license to view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, use, and otherwise exploit the Guest Content to operate the Site and the Services, including in relation to promotion of the Site and the Services and making the Guest Content available for access, viewing and use by other users and Owners of the Site.
16.3 You acknowledge and agree that you are solely responsible for all Guest Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Guest Content that you make available through the Site, Company or you have all rights, licenses, consents and releases that are necessary to grant to the company the rights in such Guest Content, as contemplated under these Terms; and (ii) neither the Guest Content nor your posting, uploading, publication, submission or transmittal of the Guest Content or Company’s use of the Guest Content (or any portion thereof) on, through or by means of the Site, the Services 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.
16.4 Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable license, to access and view any Content solely for your non-commercial and personal use. You have no right to sublicense the license rights granted in this section.
16.5 Company provides a feedback function on the Site, to allow Owners and Guests to evaluate the conduct of each other and any Vehicle. Any feedback you provide must be accurate and must not contain any offensive or defamatory language or otherwise be inappropriate, infringing, or unlawful. We reserve the right, but are not obligated, to remove or redact any feedback provided on the Site at our absolute discretion.
17. Site Availability and Disclaimers
17.1 EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. THERE IS NO WARRANTY OF ANY KIND, INCLUDING ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY:
a. EXCLUDES ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SITE AND ITS CONTENTS, OR WHICH IS OR MAY BE PROVIDED BY ANY THIRD PARTIES (INCLUDING ANY OWNERS OR GUESTS), INCLUDING IN RELATION TO ANY INACCURACIES OR OMISSIONS IN THE SITE, IN THE DESCRIPTIONS OF VEHICLES OR ANY INFORMATION REGARDING GUESTS OR OWNERS; AND
b. EXCLUDES ALL LIABILITY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE. THIS INCLUDES, WITHOUT LIMITATION, DIRECT LOSS, LOSS OF BUSINESS OR PROFITS (WHETHER OR NOT THE LOSS OF SUCH PROFITS WAS FORESEEABLE, AROSE IN THE NORMAL COURSE OF THINGS OR YOU HAVE ADVISED COMPANY OF THE POSSIBILITY OF SUCH POTENTIAL LOSS), DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON OR ANY OTHER DIRECT OR INDIRECT, CONSEQUENTIAL AND INCIDENTAL DAMAGES.
17.2 COMPANY GIVES NO UNDERTAKINGS, REPRESENTATIONS, OR WARRANTIES IN RELATION TO ANY VEHICLES LISTED ON OR RENTED THROUGH THE SITE, INCLUDING THE SUITABILITY, SAFETY, DESCRIPTION, QUALITY, FEATURES OR SPECIFICATIONS OF A VEHICLE.
17.3 THE SITE MAY CONTAIN LINKS TO THIRD PARTY WEBSITES (“LINKED SITES”). COMPANY DOES NOT CONTROL LINKED SITES AND IS NOT RESPONSIBLE FOR THEIR CONTENTS OR HYPERLINKS. HYPERLINKS ARE PROVIDED FOR CONVENIENCE ONLY, AND THEIR INCLUSION DOES NOT IMPLY THAT COMPANY ENDORSES THE LINKED SITE. COMPANY PROVIDES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES AS TO THE NATURE, CONTENT AND RELIABILITY OF ANY LINKED SITE, AND IS NOT LIABLE FOR ANY ELECTRONIC CONTENT OF A THIRD PARTY. YOU LINK TO ANY LINKED SITE ENTIRELY AT YOUR OWN RISK.
17.4 YOU ACKNOWLEDGE AND AGREE THAT INTERNET TRANSMISSIONS ARE NEVER ENTIRELY SECURE OR PRIVATE, AND THAT ANY MESSAGE OR INFORMATION YOU SEND TO OR THROUGH THE SITE (INCLUDING CREDIT CARD INFORMATION) MAY BE READ OR INTERCEPTED BY OTHERS, EVEN WHERE A WEBSITE IS STATED AS BEING SECURE. COMPANY SHALL HAVE NO LIABILITY FOR THE INTERCEPTION OR “HACKING” OF DATA THROUGH THE SITE BY UNAUTHORIZED THIRD PARTIES.
17.5 THE EXCLUSIONS AND LIMITS SET OUT IN THESE TERMS WILL ALSO OPERATE FOR THE BENEFIT OF OUR SUPPLIERS, LICENSORS AND AGENTS.
18. Privacy Policy and Confidentiality
18.1 Our privacy policy governs the collection, use, storage and disclosure of personal information by us. Our privacy policy is available athttps://www.goodsam.com/privacy-policy.aspx.
18.2 Except as provided in our privacy policy, any communication or material transmitted to us in connection with the Site (including by email) will be treated as non-confidential and non-proprietary. You grant to us a perpetual, royalty-free, irrevocable, transferrable license to view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, use, and otherwise exploit any information you transmit to us, including ideas, suggestions or other material and we may use, reproduce, publish, modify, adapt and transmit such information without restriction.
18.3 In registering on the Site, you accept that we may use third party sources to run identity verification and other background and/or eligibility checks, which may include credit checks and motor vehicle checks, on you and any additional driver.
18.4 Electronic surveillance technology may be activated if the Vehicle has not been returned within twenty-four hours after the contracted return date, unless applicable law requires a different period.
19. LEGAL DISPUTES
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND COMPANY HAVE AGAINST EACH OTHER ARE RESOLVED.
19.1 Disputes. Subject to applicable law, you and Company agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Terms, your use of or access to the Services or any breach, enforcement, or termination of this Agreement will be resolved in accordance with the provisions set forth in this Section 19. For the avoidance of doubt, Company disclaims any and all liabilities or claims not pertaining to the terms and conditions set forth in these Terms, or pertaining to an issue with an Owner that are outside the scope of these Terms and this Agreement.
19.2 Applicable Law. You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Illinois, without regard to principles of conflict of laws, will govern the Terms and any claim or dispute that has arisen or may arise between you and Company, except as otherwise stated in the Terms. In the event that a dispute is brought in a court of law under this Section 19, you and we agree to submit to the exclusive personal jurisdiction of the state or federal courts located in Lake County, Illinois.
19.3 Agreement to Arbitrate. You and Company each agree that any and all disputes or claims that have arisen or may arise between you and Company (including its respective parent company, subsidiaries, employees, officers, directors, and agents) relating in any way to, arising out of or connected to this or previous versions of the Terms, your use of, or access to the Services, or any services sold, offered, or purchased through the Services (such as listing or renting a Vehicle) or any breach, enforcement, or termination of this Agreement shall be resolved exclusively through final and binding arbitration administered in Chicago, Illinois, rather than in court, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Alternatively, you may assert your claims in small claims court in Lake County, Illinois, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
19.4 Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
19.5 Arbitration Procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual, subject to and in accordance with these Terms and as limited in the section below entitled Limitation of Liability and Indemnification. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of heading “Prohibition of Class and Representative Actions and Non-Individualized Relief,” shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
A party who intends to seek arbitration must first send to the other, by email, a completed form Notice of Dispute (“Notice”). The Notice to Company should be sent via email to cwdealer@campingworld.com. Please provide your name, telephone number, email, mailing address, and briefly describe the nature of your dispute and briefly describe the relief you would like from Company.
If you and Company are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or Company may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org (The AAA provides a Demand for Arbitration form and a separate form for California residents). In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must send a copy of the completed form to the opposing party. Any settlement offer made by you or Company shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is thirty five thousand dollars ($35,000) or less, you or Company may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Company subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant.
For matters where the relief sought is over five thousand dollars ($5,000), the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator’s award of damages must be consistent with Section 20 as to the types and the amounts of damages for which a party may be held liable. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Company user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
19.6 Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is five thousand dollars ($5,000) or less, at your request, Company will reimburse you for all filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator’s decision or settlement. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), Company is relieved of its obligation to reimburse you for any fees associated with the arbitration.
19.7 Severability. With the exception of any of the provisions in Section 19.4, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 19.4 is invalid or unenforceable, then the entirety of the Agreement to Arbitrate shall be null and void. The remainder of the Agreement, the Terms of Service, and Section 19 will continue to apply.
19.8 Opt-Out Procedure. YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“Opt-Out”) BY EMAILING US AN OPT-OUT NOTICE TO CWDEALER@CAMPINGWORLD.COM (“Opt-Out Notice”). THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU FIRST REGISTER AS A USER OF THE SITE.
In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your Company Account(s) to which the opt-out applies and to cwdealer@campingworld.com. This procedure is the only way you can Opt-Out. If you Opt-Out, all other parts of the Agreement and Section 19 will continue to apply to you. Opting-Out has no effect on any previous, other, or future arbitration agreements that you may have with us.
19.9 Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in the Terms to the contrary, you and Company agree that if we make any amendment to Section 19.3 in the future, that amendment shall not apply to any claim that was filed in a legal proceeding prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Section 19.3 that have arisen or may arise between you and Company. If you do not agree to these amended terms, you may close your account within thirty (30) days of posting or notification of the amendments and you will not be bound by the amended terms, but will arbitrate any dispute in accordance with the provisions of Section 19.3 as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms). Once you have submitted a valid Opt-Out Notice to Company, you do NOT need to submit another one when the Terms of Service are subsequently updated. Your first Opt-Out Notice will serve as a valid Opt-Out Notice as to future versions of the Terms.
19.10 Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that Section 19.3 is found not to apply to you or to a particular claim or dispute, either as a result of your decision to Opt-Out, as a result of a decision by the arbitrator or a court order or because you have chosen to file an eligible lawsuit in small claims court or the parties have reserved their rights to pursue legal action in a court of law for actual or threatened intellectual property infringement pursuant to these Terms, you agree that any claim or dispute that has arisen or may arise between you and Company must be resolved exclusively by a state, federal, or small claims court located in Lake County, Illinois. You and Company agree to submit to the personal jurisdiction of the courts located within Lake County, Illinois, for the purpose of litigating all such claims or disputes.
20. Limitation of Liability and Indemnification
20.1 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 SERVICES, CONTENT, OR BOOKING OF AND USE OF ANY RVs VIA THE SERVICES AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SERVICES; WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER COMPANY, THEIR AFFILIATES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR CONTENT FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, CONTENT OR FROM YOUR BOOKING, OR USE OF ANY RV VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
20.2 UNLESS OTHERWISE REQUIRED BY LAW, EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE OWNERS PURSUANT TO THESE TERMS, IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICES AND CONTENT INCLUDING, BUT NOT LIMITED TO, THE BOOKING OR USE OF ANY RV VIA THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, AND IN CONNECTION WITH ANY RV OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID FOR BOOKINGS VIA THE SITE, AND SERVICES AS A RENTER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
20.3 You agree to release, defend, indemnify, and hold Company and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any allegations, penalties, claims, liabilities, damages, losses, fines and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (a) your access to or use of the Services or Content or your violation of these Terms; (b) your (i) interaction with any Owner or other Guest, (ii) booking or use of a Vehicle, or (iii) the use, condition or rental of a Vehicle by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Vehicle; (c) the breach of any obligation, duty, responsibility under these Terms; (d) the breach of any applicable law; or (e) the Guest Content infringing or misappropriating any patent, trade secret, copyright, trademark or any other intellectual property right of any third party.
20.4 In the event of any claim under Section 20.3, the indemnified party shall promptly notify the indemnifying party in writing thereof; provided, however, that the failure to give such prompt notification to the indemnifying party shall not relieve it of its indemnification obligations hereunder unless the indemnifying party can establish such delay materially prejudiced indemnifying party. The indemnifying party shall control and conduct the defense of such claim, including the settlement of the same provided that it may not settle any such claim without the indemnified party’s prior written consent unless such settlement includes a full release of all claims against the indemnified party.
21 General
21.1 Entire Agreement. This Agreement supersedes all previous agreements between the parties and, together with the Schedule hereto, contains the entire agreement the parties related to the subject matter of this Agreement.
21.2 Assignability. You may not assign, transfer, or purport to assign or transfer any of your rights and obligations in connection with these Terms. You must not agree, attempt, offer or purport to sell, assign, sub-let, lend, pledge, mortgage, let on hire or otherwise part with or attempt to part with the personal possession of or otherwise deal with the Vehicle.
21.3 Waiver; Severability. If any one or more of the provisions contained in this Agreement or any document executed in connection with this Agreement will be invalid, illegal or unenforceable under any applicable law, (i) unless otherwise provided under applicable law, the validity, legality, and enforceability of the remaining provisions contained in these documents will not be affected or impaired and will remain in full force and effect; and (ii) the invalid, illegal, or unenforceable provision will be replaced by us immediately with a term or provision that is valid, legal, and enforceable and that comes closest to expressing the intention of the invalid, illegal, or unenforceable term or provision. Failure or delay on our part to exercise any right or privilege under this Agreement will not operate as a waiver nor will any partial exercise of any right or privilege preclude any further exercise of that right or privilege.
21.4 Interpretation. These Terms shall be interpreted neutrally between the parties without regard to which party drafted or caused to be drafted these Terms.
21.5 Survival. Provisions of these Terms which by their nature should apply beyond their terms will remain in force after any termination or expiration of these Terms.
21.6 Modification. Company may modify our supplement the terms and conditions of this Agreement at any time, and you hereby acknowledge and agree that the modifications and/or supplements shall be binding on you when posted on the Platform or otherwise provided to you. Your continued participation in the Platform shall constitute our consent to the modifications or supplements.
21.7 Electronic Document and Signature. For contractual purposes, you: (a) consent to receive communications from Company in electronic form, and (b) agree that all terms and conditions, agreements, notices, disclosures and any other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in a print-on-paper writing. [By selecting the “Continue” button on the App above the link to this Agreement], you are signing this Agreement electronically, and such selection (your “E-Signature”) constitutes your legal signature, acceptance and agreement, as if this Agreement were actually signed by you in “print-on-paper” or “wet ink” writing. You also agree that no certification, authority, or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and Company.