Master Private Motorhome Rental Agreement
Please read this Master Private Motorhome Rental Agreement (the “Agreement”) before using any of the services provided by Private Motorhome Rental, LLC (“Company”). By using this website (the “Website”), the services describe herein or the services of Company, you, as either a “Renter” and/or an “Owner,” are agreeing to the terms contained herein.
Based Rental Amount: As indicated on the applicable Rental Documents.
Company: Private Motorhome Rental, LLC
Fees: all fees and charges as indicated on the applicable Rental Documents.
Owner: A party to the Agreement who lists a Vehicle for rent on the Website.
Rental Documents: Collectively, any documents executed by Renter as requested by Owner. Each such applicable Rental Documents are hereby incorporated herein by this reference.
Renter: A party to the Agreement who requests a booking of a Vehicle under the Agreement.
Security Deposit: The Security Deposit as indicated on the applicable Rental Documents.
Vehicle: The specified motorhome identified on the applicable Rental Documents.
Terms of Rental and Vehicle Use; Website Usage and other Provisions:
1. RENTAL. From time-to-time, a Renter may rent a Vehicle from an Owner upon the terms and conditions of each of the Rental Documents and upon the terms and conditions hereof (the “Rental”).
2. WHO MAY OPERATE THE VEHICLE. Only Renter and any other person who meets the qualifications hereunder and who signs the Rental Documents as Additional Authorized Operator at the time of the Rental (“Authorized Operators”) may operate the Vehicle. All Authorized Operators must be at least 25 years old and have a valid driver’s license. No other persons are permitted to operate the Vehicle. With respect to any Additional Authorized Operator, other qualifications may, at Owner’s discretion, be in effect at the time and place of rental; and Owner may impose an additional fee for such persons as indicated on the Rental Documents. By operating the Vehicle (whether or not having signed as Additional Authorized Operator), Renter and all Authorized Operators are jointly and severally responsible for Renter’s obligations under this Agreement. To ensure the protection of all occupants of the Vehicle, any Authorized Operator of the Vehicle must be approved by Owner as a qualified driver, after participating in any such driver training Owner provides.
3. RETURN. Ordinary wear due to reasonable use is expected. Otherwise, Renter must return the Vehicle to Owner in the same condition it was in when Renter receive it. Renter must return the Vehicle to Owner as indicated on the applicable Rental Documents, or sooner if demanded by Company or Owner (the “Return”). The Vehicle will remain subject to the Agreement until Owner has inspected and accepted it; if the applicable Rental Documents indicates a return location with specified hours of operation, and Renter returns the Vehicle outside such specified hours, (a) Renter is responsible for any damage to the Vehicle until Owner has inspected and accepted it on the next day that the return location is open for business and (b) time charges and any charges for additional services or other charges that are stated in the Agreement as a periodic rate, may continue to accrue until the return location reopens for business. If Renter does not return the Vehicle when required by this Agreement, then after Owner sends Renter a written demand to return it, sent to Renter’s address shown on the Rental Documents, Owner may, at Renter’s expense, recover the Vehicle where and when it is found. If the Vehicle is found illegally parked or apparently abandoned, or if the Vehicle is used as prohibited under paragraph 5, then Owner may recover the Vehicle without demand. Renter hereby waives any right to a hearing or to receive any notice or legal process as a pre-condition for Owner recovering the Vehicle.
4. RENTER’S RESPONSIBILITY FOR LOSS OF OR DAMAGE TO THE VEHICLE.
a. Except as stated below, Renter is responsible for any and all loss or damage to the Vehicle resulting from any cause including but not limited to collision, rollover, theft, vandalism, seizure, fire, flood, hail or other acts of nature or God regardless of fault.
b. Renter’s responsibility will not exceed the retail fair market value of the Vehicle at the time the Vehicle is lost or damaged, less its salvage value, plus actual towing, storage and impound fees, an administrative charge and a charge for loss of use.
c. Company is not responsible for any loss or damage to the Vehicle.
5. PROHIBITED USE OF THE VEHICLE.
a. Neither Renter, any Authorized Operator nor any person may:
i. Permit the use of the Vehicle by anyone other than Renter or an Authorized Operator;
ii. Destroy, damage (including without limitation tamper with the Vehicle’s odometer) or aid in the theft of the Vehicle;
iii. Take or attempt to take the Vehicle into Mexico, Canada or to anywhere else outside of the United States, except as expressly permitted by Owner in writing;
iv. Engage in any willful or wanton misconduct which, among other things, may include reckless conduct such as: the failure to use seat belts, the failure to use child seats or other child restraints where legally required, use when overloaded, use off paved roads or on roads which are not regularly maintained, leaving the Vehicle and failing to remove the keys, or failing to close and lock all doors and windows of the Vehicle while unattended;
v. Smoke inside the Vehicle;
vi. Allow pets or any animals inside the Vehicle without Owner’s express written permission;
vii. Sit, stand or lie on the roof of the Vehicle at any time;
viii. Use or permit the use of the Vehicle by anyone:
A. While legally intoxicated or under the influence of alcohol, drugs or other absorbed elements which may adversely affect a person’s ability to drive safely;
B. For any purpose that could properly be charged as a crime, such as the illegal transportation of persons, drugs or contraband;
C. To tow or push anything;
D. In a speed test, speed contest or similar activity;
E. In driver training activity;
F. To carry persons or property for hire (i.e., for a charge or fee);
G. If the Vehicle has been obtained from Owner by fraud or misrepresentation;
H. To carry hazardous materials (other than customary quantities used in the operation of the Vehicle that are stored within the contained provided for them), explosives, biologically active materials that are hazardous to human health or radioactive material;
I. With inadequately secured cargo;
J. Who is not familiar with the Vehicle’s operation manual and/or who fails to operate the Vehicle in full compliance therewith; or
K. In a manner that Company or Owner, or either of their agents have communicated is not allowed or would be creating an unnecessary risk to the Vehicle or its occupants.
b. Any use of the Vehicle in a manner prohibited above will constitute a breach of this Agreement, resulting in the forfeiture of Renter’s Security Deposit, Owner’s repossession of the Vehicle and/or making Renter responsible, to the fullest extent permitted by law, for the actual and consequential damages to Owner or Company caused by the breach, together with such party’s related costs and attorneys’ fees.
6. PAYMENT OF CHARGES. Renter and each Authorized Operator are jointly and severally liable for all amounts owed under the Agreement (“Charges”). If Renter directs Charges to be billed to any person or entity, Renter represents that Renter is authorized to do so. Charges not paid on time as required by this Agreement may be subject to a late payment fee. Renter may also be charged a $50 fee for any check used for payment of Charges that is returned to Company unpaid or for any credit, charge, or debit card charges that are not honored by the card issuer (such fee, the “Bounced Check Fee”). Payment for all Charges is due at the completion of the Rental, and the parties agree the Company shall keep any such Bounced Check Fee. Debit cards may not be acceptable to qualify for Rental but may be used for payment at the return of the Vehicle. If Renter indicates a credit card on the Rental Documents (the “Credit Card”), Renter authorizes Company to (i) debit the Security Deposit from the Credit Card as indicated on the Rental Documents and (ii) charge any Charges in excess of the Security Deposit to the Credit Card as requested by Owner, and Renter authorizes Owner to (i) apply the amount debited as the Security Deposit or any portion thereof toward any Charges and (ii) request Company to charge any Charges in excess of the Security Deposit to the Credit Card. Owner may audit all Charges. If any errors are found, Renter will pay the corrected Charges. If payment was by credit, charge or debit card, and Owner so directs Company to correct the Charges, Renter authorize Company to correct the Charges with the card issuer.
7. COMPUTATION OF CHARGES.
a. TIME CHARGES are computed at the rates specified in the Rental Documents for days, weeks, months and extra days (including days in excess of any longer specified time period). As stated in paragraph 3, if the Vehicle is returned outside of hours, charges may continue to accrue until the return location reopens for business. The minimum time for a Rental shall be one day.
b. MILEAGE CHARGES, including those for extra miles, if any, are based on the per mile rate specified in the Rental Documents. Owner will determine the number of miles driven by subtracting the Vehicle’s odometer reading at the beginning of the Rental from the reading when the Vehicle is returned, excluding tenths of miles. The per mile rate is then multiplied by the number of miles driven or, in the case of extra miles, by the number of miles in excess of the number of miles allowed, as specified in the Rental Documents. The result is the “Mileage Charge.”
c. ADDITIONAL DRIVER CHARGE may be applied at Owner’s discretion as indicated on the Rental Documents.
d. ADDITIONAL REFUEL CHARGE may be applied if the Vehicle is returned to Owner with less than the amount of fuel and/or propane contained in the Vehicle on the Start Date as indicated on the applicable Rental Documents.
e. STANDARD CLEANING CHARGE of up to $395 (or, if the Vehicle requires more than Owner’s Standard Cleaning Charge, as indicated on the applicable Rental Documents, the actual cost to have the Vehicle cleaned) may be applied at Owner’s discretion; If the Vehicle requires more than Owner’s standard cleaning on its return, Company or Owner may charge Renter for the actual costs incurred by Owner to have the Vehicle cleaned.
f. SERVICE CHARGE may be applied if Renter returns the Vehicle to any location other than the location from which it is rented.
g. TAXES, TAX REIMBURSEMENTS, VEHICLE LICENSING FEES, AIRPORT AND/OR HOTEL RELATED FEES AND FEE RECOVERIES, GOVERNMENTAL OR OTHER SURCHARGES AND SIMILAR FEES are charged/recovered at the actual rates of such fees plus an administrative fee or as otherwise required by applicable law.
h. RECOVERY EXPENSE consists of all costs of any kind incurred by Owner in recovering the Vehicle from Renter hereunder or if it is seized by governmental authorities.
i. COLLECTION EXPENSE consists of all costs of any kind incurred by Company or Owner in collecting Charges including, but not limited to, all attorneys’ fees and court costs.
j. LATE PAYMENT FEES equal to 2% per month, or the maximum amount allowed by law, may be applied to any balance due for Charges that are not paid within 30 days of rental completion.
k. FINES AND OTHER EXPENSES include, but are not limited to, fines, penalties, attorneys’ fees and court costs assessed against or paid by Company and/or Owner resulting from the use of the Vehicle.
l. LOSS OF USE means Owner’s loss of Owner’s ability to use the Vehicle for any purposes due to damage or loss of the Vehicle. Loss of use is calculated by multiplying the number of days from the date of damage to, or loss of, the Vehicle until it is fully repaired or replaced times the daily rental rate.
m. DIMINUTION OF VALUE equal to the diminished value of the Vehicle caused by damage to it or repair of it.
n. ANY OTHER CHARGES specified in the Agreement will be charged at the applicable rates specified in the Agreement. Any such Charges which are stated in the Agreement as a daily rate shall be due and payable for each full or partial rental day.
o. WASTEWATER AND FUEL CHARGES will be charged upon the Return as follows: a) $20 dumping charge is wastewater tanks are not empty; b) $20 fill charge plus cost of diesel fuel if diesel fuel is not topped off upon Return; and c) $20 fill charge plus cost of propane if propane not topped off upon Return.
p. Charges will continue to accrue until the Vehicle is returned to Owner or as otherwise set forth herein. If the Vehicle is stole through no fault of Renter, Charges will continue to accrue until such time as Renter has reported the theft to both the policy in the jurisdiction in which the theft occurs and Owner.
8. RESPONSIBILITY FOR PROPERTY.
a. Owner’s responsibility. Owner is not responsible to Renter, any Authorized Operators or anyone else for any loss of or damage to Renter, Authorized Operators or their personal property caused by the Vehicle or by Renter or its acts or omissions, those of any third party or, to the extent permitted by law, Owner’s negligence. Renter and any Authorized Operators hereby waive any and all such claims against Owner. Renter and any Authorized Operators agree to indemnify and hold Owner harmless from any claim against Owner for such claims. Renter and any Authorized Operator hereby waive any and all claims against Owner for loss or damage to Renter or anyone else’s personal property including, without limitation, property left in the Vehicle.
b. Company’s responsibility. Company is not responsible to Owner, Renter, any Authorized Operators or anyone else for any loss of or damage to Renter, Authorized Operator or their personal property caused by any reason, and regardless of Company’s negligence. Owner, Renter and any Authorized Operators hereby waive any and all such claims against Company. Owner, Renter and any Authorized Operators agree to indemnify and hold Company harmless from any such claims.
9. ACCIDENTS, THEFT AND VANDALISM. Renter must promptly and properly report any accident, theft or vandalism involving the Vehicle to Owner and to the police in the jurisdiction in which such incident takes place. Renter should obtain details of witnesses and other vehicles involved and their drivers, owners and relevant insurances wherever possible. If Renter or any Authorized Operator receive any papers relating to such an incident, those papers must be promptly given to Owner. Renter and any Authorized Operators must cooperate fully with Owner’s investigation of such incident and defense of any resulting claim. FAILURE TO COOPERATE FULLY SHALL CONSTUTE A DEFAULT OF THIS AGREEMENT. Renter and any Authorized Operators authorizes Owner to obtain any records or information relating to any incident, consent to the jurisdiction of the courts of the jurisdiction in which the incident occurs and waive any right to object to such jurisdiction. Notwithstanding anything in this Agreement to the contrary, Company shall not be responsible for any accident, theft or vandalism involving the Vehicle.
10. LIMITS ON LIABILITY. Company will not be liable to Owner, Renter or any Authorized Operators for any damages or claims whatsoever, including indirect, special or consequential damages (including lost profits and/or value of lost vacation, personal or business time) arising in any way out of any use of the Vehicle or other matter relating to the rental covered by this Agreement.
11. PARKING AND TRAFFIC VIOLATIONS/TOLLS. Renter will be responsible for and pay all parking and traffic violation fees, fines and penalties, all towing, storage and impoundment fees, and all tolls charged to the Vehicle, arising out of use, possession or operation of the Vehicle (the “Fees”). Renter agree to pay the Fees and indemnify and hold Owner and Company harmless if Owner and/or Company pay or are required to pay the Fees. Renter also agree to reimburse Company and/or Owner for all related collection and other expenses, including an administrative fee related to the cost of collection or to the cost of providing information about Renter to a court or governmental agency in connection with any parking or traffic violations, or any other Fees.
12. INSURANCE. Renter is responsible for all damage or loss to the Vehicle and to all persons during the Rental Period. Renter shall either (i) provide Company with an insurance binder evidencing that Renter has obtained primary motor vehicle liability, collision and comprehensive insurance coverage insuring Renter, Owner, Company and the Vehicle or (ii) Renter has elected to pay a rental surcharge, as indicated on the applicable Rental Documents.
13. NO WARRANTIES. RENTER HEREBY WAIVES ALL WARRANTIES OF ANY KIND WITH REGARD TO THE VEHICLE, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTY OF MERCHANTIBILITY AND ANY WARRANTY RELATING TO FITNESS FOR A PARTICULAR PURPOSE.
14. CANCELLATION. If Renter cancels a Rental more than 60 days prior to the start of such Rental, $100 plus any processing fees related to the rental will be due to Company. If Renter cancels a Rental less than 60 days prior to the start of such Rental, the entire rental amount will be forfeited. Owner will pay the Company all commissions plus all processing fees related to the rental.
15. WEBSITE USAGE.
a. Company shall not be liable for the accuracy of the description, information, or pictures contained in the Website. By using the Services, Owner and Renter agree that any legal remedy or liability that such party seeks to obtain for actions or omissions of other parties (other than the Company) or other third parties will be limited to a claim against the particular party (other than the Company) or other third parties who caused such party harm and such party agrees not to attempt to impose liability on, or seek any legal remedy from Company with respect to such actions or omissions.
b. Company is not responsible for the conduct of any Owner or any Renter, the condition of the Vehicle, insurance or liability for the Vehicle, or damages that may occur before, during, or after the rental period. Company merely facilitates a medium for interactions and transactions for services between Renters and Owners, and Company shall have no liability in connection therewith.
16. PAYMENT PROCESSING.
a. All “Payments” for Charges must be processed through Company’s processing system. Additionally, Owner and Renter agree to the payment schedule as follows:
A. More than 45 days prior to the start of the Rental (the exact date to be determined by reference to the Rental Documents), half of the Base Rental Fee and half of all other Fees (including but not limited to generator hours, miles, and housekeeping package) are due to reserve the Vehicle.
B. The remaining balance of the Fees is due 45 days prior to the start of the Rental. If reservation takes place within 45 days, the full amount of the Fees (including but not limited to generator hours, miles, and housekeeping package) are due to reserve the Vehicle.
C. The Security Deposit is due 7 days prior to the start of the Rental.
b. Owner agrees that Company will retain at minimum 20 percent of all Amounts collected by Company with respect to the Rentals (the “Commission”). Owner agrees that Company may collect more than 20 percent from the Renter or more than is specified on the Owner Documents. Regardless of the amount collected, Owner agrees to the net amount listed on the Owner Documents as satisfaction for this rental.
c. Upon written notice to the other party, either Company or Owner may terminate this Agreement and all future Fees shall still be due to Company for all reserved Rentals with respect to such terminating or terminated Owner. In the event of non – payment or late payment of Fees, Company reserves the right to suspend services until the full amount is paid in full. Late payments may be subject to a late fee penalty of $1,000 due to Company. Upon termination, all indemnity protections for Company (including those protections contained in paragraphs 8 and 15) shall otherwise survive. Company is entitled to the Commission, any Bounced Check Fees, and any applicable fees assessed as provided in section 7 (k), and Company shall remit all other Fees and Charges collected.
d. Company will pay Owner the amount due on the Owner Documents 30 days prior to the start of the Rental assuming the following actions have been completed:
1. Payments must be received by the Company from the Renter.
2. Owner must sign the Owner Documents and return to the Company.
3. Renter must sign the Rental Documents and return to the Company.
4. Owner must provide to the Company a valid W9 and Driver’s license.
e. Company shall have no responsibility with respect to any disputes between Owner and Renter with respect to the Fees, any amount paid, or commissions collected.
17. Owner’s Responsibility.
a. All forms, material and membership information referred to or used in the Website are copyrighted and are the sole property of Company and may not be used for rentals outside of the Website rental program.
b. Owner agrees to rent its Vehicle at its own risk.
c. Owner will provide accurate description and information, and actual pictures of its Vehicle on the Website.
d. Owner agrees that Company is not responsible for loss of use, damage or any other costs incurred with respect to the Vehicle. Additionally, Owner agrees to provide the IRS Form W-9 to Company. Owner understands and agrees that Owner is solely responsible for determining its applicable Tax reporting requirements. Company cannot and does not offer tax-related advice. Also, Owner is responsible for determining and paying taxes due to the State and Federal government.
It is Owner’s responsibility to obtain from the applicable Renter signed Rental Documents, a copy of the Driver’s License, and proper proof of insurance in compliance with state and federal law.
18. MISCELLANEOUS. This Agreement shall be governed by and construed in accordance with the laws of Georgia, without regard to conflict of law rules or principals. Any action seeking to enforce any provision of, or based on any right arising out of, this Agreement shall be brought against any of the parties in the courts of Georgia. All of the parties consent to the jurisdiction of such courts (and the appropriate appellate courts) in any such action or proceeding and waives any objection to venue laid therein. The parties hereby irrevocably waive their respective rights to a jury trial of any claim or cause of action based upon or arising out of this Agreement. This waiver shall apply to any subsequent amendments, renewals, supplements or modifications to this Agreement. In the event of litigation, this Agreement may be filed as a written consent to a trial by the Court. With regard to all dates and time periods set forth or referred to in this Agreement, time is of the essence. Neither Company’s acceptance of any payment from any Renter or Owner, nor Company’s failure to exercise any of its rights under this Agreement or at law shall be deemed a waiver of any of Company’s rights under this Agreement or at law. If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each such term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.