Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN
IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE
JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE
LAWS AND REGULATIONS.
Last Updated: August 8, 2025
If you are using the Site, Application or Services, you are
contracting with RVeloCITY, Inc., doing business as RVnGO (“RVnGO”) with
respect to use of the RVnGO Site, Application or Services, and with RVnGO with
respect to any payments or payouts from or to you conducted through the Site,
Application or Services, and are each hereinafter referred to as
"RVnGO", "we", "us", or "our". RVnGO
has also created iFrame links that embed parts of the RVnGO Site on the Host's
sites with the Host’s branding and the Host's URLs that use the RVnGO’s Site,
Application or Services and RVnGO provides its Site, Application and Services
on the sites for Hosts under these Terms of Service.
RVnGO provides an online platform that connects hosts who
have recreational vehicles (
"RV" or "RVs") to rent
with guests seeking to rent such RVs, and sellers that offer RVs for sale to
potential buyers (collectively, the
"Services"), which
Services are accessible at
www.RVnGO.com and
any other websites through which RVnGO makes the Services available
(collectively, the "Site") and as applications for mobile devices
(the
"Application"). By using the Site or Application,
you agree to comply with and be legally bound by the terms and conditions of
these Terms of Service (
"Terms"), whether or not you become a
registered user of the Services. These Terms govern your access to and use of
the Site, Application and Services and all Collective Content (defined below),
and your participation in the Referral Program (defined below), and constitute
a binding legal agreement between you and RVnGO. Please also read carefully
our
Privacy Policy. If you do not agree to these Terms, you
have no right to obtain information from or otherwise continue using the Site,
Application or Services. Failure to use the Site, Application or Services in
accordance with these Terms may subject you to civil and criminal penalties.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE
PLATFORM THROUGH WHICH HOSTS MAY CREATE LISTINGS FOR RV RENTALS AND GUESTS MAY
LEARN ABOUT AND BOOK RV RENTALS DIRECTLY WITH THE HOSTS, AND WHERE SELLERS MAY
LIST RVS FOR SALE AND BUYERS MAY BUY THOSE RVS FROM THE SELLERS. YOU UNDERSTAND
AND AGREE THAT RVNGO IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN
HOSTS AND GUESTS, AND BETWEEN SELLERS AND BUYERS, NOR IS RVNGO AN RV BROKER,
FLEET MANAGER AGENT OR INSURER. RVNGO HAS NO CONTROL OVER THE CONDUCT OF HOSTS,
GUESTS, SELLERS, BUYERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES
OR ANY RVS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT
PERMITTED BY LAW.
Key Terms
"RVnGO Content" means all Content that
RVnGO makes available through the Site, Application, or Services, including any
Content licensed from a third party, but excluding Member Content.
"Booking Request Period" means the
time period starting from the time when a booking is requested by a Guest (as
determined by RVnGO in its sole discretion), within which a Host may decide
whether to confirm or reject that booking request, as stated on the Site,
Application or Services. Different Booking Request Periods may apply in
different places.
"Buyer" means a Member who makes an
inquiry to a Seller about purchasing an RV the Owner has listed for sale via
the Site, Services or Application.
"Collective Content" means Member
Content and RVnGO Content.
"Content" means text, graphics,
images, music, software (excluding the Application), audio, video, information
or other materials.
"Guest" means a Member who requests
from a Host a booking of an RV via the Site, Application or Services, or a
Member who uses an RV and is not the Host for such RV.
"Host" means a Member who creates a
Listing via the Site, Application and Services for the rental of an RV.
"Listing" means an RV that is listed
by a Host as available for rental, and/or listed by a Seller as available for
purchase via the Site, Application, and Services.
"Member" means a person who completes
RVnGO's account registration process, including but not limited to Hosts,
Guests, Seller and Buyers as described under "Account Registration"
below.
"Member Content" means all Content
that a Member posts, uploads, publishes, submits, transmits, or includes in
their Listing or Member profile to be made available through the Site,
Application or Services.
"Platform" means the Site and/or the
Application and/or the Services.
"RVs" or "RV" means
recreational vehicles, including Type A, Type B, Type C, camper or travel
trailers, toy haulers, fifth wheel trailers, Caravans, pop-up campers, pick-up
truck accommodation inserts and related accessories.
"Seller" means a Member who creates a
Listing via the Site, Application and Services for the sale of an RV.
"Tax" or "Taxes" mean any
sales taxes, capital gains taxes, income taxes, value added taxes (VAT), goods
and services taxes (GST), or other taxes, fees that RV rental providers and RV
sellers may be required by law to collect and remit to governmental agencies,
and other similar municipal, state, federal and national indirect or other
withholding and personal or corporate income taxes.
Certain areas of the Site and Application (and your access
to or use of certain aspects of the Services or Collective Content) may have
different terms and conditions posted or may require you to agree with and
accept additional terms and conditions. If there is a conflict between these
Terms and terms and conditions posted for a specific area of the Platform or
Collective Content, the latter terms and conditions will take precedence with
respect to your use of or access to that area of the Platform or Collective
Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE
PLATFORM, INCLUDING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR
POSTING ANY CONTENT FROM OR ON THE PLATFORM VIA THE SITE, THE APPLICATION OR
THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU
UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE
REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS,
THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE
CONTENT.
If you accept or agree to these Terms on behalf of a company
or other legal entity, you represent and warrant that you have the authority to
bind that company or other legal entity to these Terms and, in such event,
"you" and "your" will refer and apply to that company or
other legal entity.
Modification
RVnGO reserves the right, at its sole discretion, to modify
the Platform or to modify these Terms, including the Service Fees, at any time
and without prior notice. If we modify these Terms, we will either post the
modification on the Site or via the Application or otherwise provide you with
notice of the modification. We will also update the "Last Updated
Date" at the top of these Terms. By continuing to access or use the
Platform after we have posted a modification on the Site or via the Application
or have provided you with notice of a modification, you are indicating that you
agree to be bound by the modified Terms. If the modified Terms are not
acceptable to you, your only recourse is to cease using the Platform.
Eligibility
The Platform is intended solely for persons who are 21 or
older. Any access to or use of the Platform by anyone under 21 is expressly
prohibited. By accessing or using the Platform you represent and warrant that
you are 21 or older.
How the
Platform Works
The Platform can be used to facilitate the listing, booking
and purchase and sale of RVs. Such RVs are included in Listings on the Site,
Application and Services by Hosts and Sellers. You may view Listings as an
unregistered visitor to the Platform; however, if you wish to book or purchase
an RV or create a Listing, you must first register to create an RVnGO Account
(defined below).
As stated above, RVnGO makes available an online platform or
marketplace with related technology for Guests and Hosts to meet online and
arrange for bookings of RVs directly with each other, and for Sellers and
Buyers to meet online and arrange for the purchase and sale of RVs directly
with each other. RVnGO is not an owner or operator of RVs, nor is it a insurer,
provider, manager or fleet operator of RVs and RVnGO does not own, sell,
resell, furnish, provide, rent, re-rent, manage and/or control RVs or any other
assets or properties that may become listed on the Platform from time to time,
nor does RVnGO own or provide any insurance, transportation or travel services.
Unless explicitly specified otherwise by RVnGO on the Platform, RVnGO's
responsibilities are limited to: (i) facilitating the availability of the
Platform and (ii) serving as the limited payment collection agent of each Host
for the purpose of accepting payments from Guests on behalf of the Host.
PLEASE NOTE THAT, AS STATED ABOVE, THE PLATFORM IS INTENDED
TO BE USED TO FACILITATE HOSTS AND GUESTS CONNECTING AND BOOKING RVS DIRECTLY
WITH EACH OTHER AND TO FACILITATE SELLERS AND BUYERS CONNECTING AND AGREEING TO
A PURCHASE AND SALE OF AN RV DIRECTLY BETWEEN THEMSELVES. RVNGO CANNOT AND DOES
NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY
OR SUITABILITY OF ANY RVS. RVNGO IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND
ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND RVS. FURTHERMORE, RVNGO DOES
NOT AND CAN NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE ACCURACY,
MECHANICAL CONDITION AND SUITABILITY, SUFFICIENCY, ADEQUACY OR FITNESS FOR ANY
INTENDED PURPOSE OF ANY LISTING OR IN REGARD TO ANY RV LISTED FOR SALE OR FOR
RENT ON THE PLATFORM. ACCORDINGLY, ANY BOOKINGS OR AGREEMENTS TO RENT OR FOR
THE PURCHASE AND SALE OF AN RV WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN
RISK.
Account Registration
In order to access certain features of the Site and
Application, and to book an RV or create a Listing, you must register to create
an account ("RVnGO Account") and become a Member. You may
register to join the Services directly via the Site or Application or as
described in this section.
You can also register to join by logging into your account
with certain third party social networking sites ("SNS")
(including, but not limited to, Facebook, Instagram, Pinterest; each such
account, a "Third Party Account"), via our Site or
Application, as described below. As part of the functionality of the Site,
Application and Services, you may link your RVnGO Account with Third Party
Accounts, by either: (i) providing your Third Party Account login information to
RVnGO through the Site, Services or Application; or (ii) allowing RVnGO to
access your Third Party Account, as permitted under the applicable terms and
conditions that govern your use of each Third Party Account. You represent that
you are entitled to disclose your Third Party Account login information to
RVnGO and/or grant RVnGO access to your Third Party Account (including, but not
limited to, for use for the purposes described herein), without breach by you
of any of the terms and conditions that govern your use of the applicable Third
Party Account and without obligating RVnGO to pay any fees or making RVnGO
subject to any usage limitations imposed by such third party service providers.
By granting RVnGO access to any Third Party Accounts, you understand that RVnGO
will access, make available and store (if applicable) any Content that you have
provided to and stored in your Third Party Account ("SNS Content")
so that it is available on and through the Site, Services and Application via
your RVnGO Account and RVnGO Account profile page. Unless otherwise specified
in these Terms, all SNS Content, if any, will be considered to be Member
Content for all purposes of these Terms. Depending on the Third Party Accounts
you choose and subject to the privacy settings that you have set in such Third
Party Accounts, personally identifiable information that you post to your Third
Party Accounts will be available on and through your RVnGO Account on the Site,
Services, and Application. Please note that if a Third Party Account or
associated service becomes unavailable or RVnGO's access to such Third Party
Account is terminated by the third party service provider, then SNS Content
will no longer be available on and through the Platform. You have the ability
to disable the connection between your RVnGO Account and your Third Party
Accounts, at any time, by accessing the "Settings" section of the
Site and Application or on the Third Party Account site.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY
SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY
BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.
RVnGO makes no effort to review any SNS Content for any
purpose, including but not limited to for accuracy, legality or
non-infringement and RVnGO is not responsible for any SNS Content.
Your RVnGO Account and your RVnGO Account profile page will
be created for your use of the Site and Application based upon the personal
information you provide to us or that we obtain via a SNS as described above.
You may not have more than one (1) active RVnGO Account. You agree to provide
accurate, current, and complete information during the registration process and
to update such information to keep it accurate, current, and complete. RVnGO
reserves the right to suspend or terminate your RVnGO Account and your access
to the Platform if you create more than one (1) RVnGO Account, or if any
information provided during the registration process or thereafter proves to be
inaccurate, fraudulent, not current or incomplete. You are responsible for
safeguarding your password. You agree that you will not disclose your password
to any third party and that you will take sole responsibility for any
activities or actions under your RVnGO Account, whether or not you have
authorized such activities or actions. You will immediately notify RVnGO of any
unauthorized use of your RVnGO Account.
RV Listings
As a Member you may create Listings. To create a Listing,
you will be asked a variety of questions about the RV to be listed, including,
but not limited to, the vehicle identification number or VIN, type of RV, the
RVs location, sleeping capacity, length, features, and availability of the RV
and pricing and related rules and financial terms. In order to be featured in
Listings via the Platform, all RVs must have valid physical addresses. Listings
will be made publicly available via the Platform. Other Members will be able to
book your RV via the Platform based upon the information provided in your
Listing. You understand and agree that once a Guest accepts a booking of your
RV, you may not request the Guest to pay a price higher than in the booking
request.
You acknowledge and agree that you alone are responsible for
any and all Listings and Member Content you post. Accordingly, you represent
and warrant that any Listing you post and the booking of, or a Guest's stay in,
an RV in a Listing you post (i) will not breach any agreements you have entered
into with any third parties, such as homeowners association, lease or rental
agreements, and (ii) will (a) be in compliance with all applicable laws, Tax
requirements, and rules and regulations that may apply to any RV included in a
Listing you post (including having all required permits, licenses and
registrations), and (b) not conflict with the rights of third parties. Please
note that RVnGO assumes no responsibility for a Host's compliance with any
agreements with or duties to third parties, applicable laws, rules and
regulations. RVnGO reserves the right, at any time and without prior notice, to
remove or disable access to any Listing for any reason, including Listings that
RVnGO, in its sole discretion, considers to be objectionable for any reason, in
violation of these Terms or RVnGO's then-current Policies and Community
Guidelines or otherwise harmful to the Platform.
If you are a Host, you understand and agree that RVnGO does
not act as an insurer or as your contracting agent. If a Guest requests a
booking of your RV and stays in your RV, any agreement you enter into with such
Guest is solely between you and the Guest and RVnGO is not a party to it.
Notwithstanding the foregoing, RVnGO serves as the limited authorized payment
collection agent of the Host for the purpose of accepting, on behalf of the
Host, payments from Guests of such amounts stipulated by the Host (including
cleaning or other fees and/or Taxes).
Any agreement a Buyer and Seller enter into for the purchase
and sale of an RV that is listed on the Platform is entirely and solely between
the Buyer and Seller, and RVnGO is not a party to such agreement. The Buyer and
Seller should be duly diligent and ensure their respective legal rights and
remedies are protected.
If you are a Host, RVnGO makes certain tools available to
you to help you to make informed decisions about which Members you choose to
confirm or preapprove for booking for your RV. You acknowledge and agree that,
as a Host, you are responsible for your own acts and omissions and are also
responsible for the acts and omissions of any individuals who reside at or are
otherwise present at the RV at your request or invitation, excluding the Guest
(and the individuals the Guest invites to the RV, if applicable.)
RVnGO may offer Hosts the option of having photographers
take photographs of their RVs. If you as a Host choose to have a photographer
do this, the photographs taken will be made available to you to include in your
Listing with a watermark or tag bearing the words "RVnGO.com Verified
Photo" or similar wording ("Verified Images"). You agree
that you alone are responsible for ensuring that your Listing is accurately
represented in the Verified Images. You alone are responsible for using the
Verified Images and you warrant that you will cease to use the Verified Images
or any other images if such images cease to accurately represent your Listing.
All images, materials and content created by these photographers, including
Verified Images, constitute RVnGO Content, regardless of whether you include
them in your Listing. You agree that RVnGO may use the Verified Images for
advertising, marketing, commercial and other business purposes in any media or
platform, whether in relation to your Listing or otherwise, without further
notice or compensation.
No Endorsement
RVnGO does not endorse any Member or any RV. You understand
that Verified Images are intended only to indicate a photographic
representation of the RV at the time the photograph was taken. Verified Images
are therefore not an endorsement by RVnGO of any Member or any RV. Members are
required by these Terms to provide accurate information, and although RVnGO may
undertake additional checks and processes designed to help verify or check the
identities or backgrounds of users, we do not make any representations about,
confirm, or endorse any Member or the Member's purported identity or
background.
RVnGO does not make any representation or warranty or
endorsement of any RV that is Listed for sale on the Platform, and without
limiting the foregoing, does not make any representation or warranty or
indemnity with respect to any description, features, odometer reading, accuracy
of any photos, sufficient disclosure of defects and latent defects, fitness for
any particular purpose, merchantability, new or used, state of repair,
mechanical condition or condition of any appliances.
Any references in the Platform to a Member being
"verified" or "connected" (or similar language) only
indicates that the Member has completed a relevant verification process, and
does not represent anything else. Any such description is not an endorsement,
certification or guarantee by RVnGO about any Member, including of the Member's
identity and whether the Member is trustworthy, safe or suitable. Instead, any
such description is intended to be useful information for you to evaluate when
you make your own decisions about the identity and suitability of others whom
you contact or interact with via the Platform. We therefore recommend that you
always exercise due diligence and care when deciding whether to rent an RV from
a Host or to accept a booking request from a Guest, or for Buyers and Sellers
to enter into an agreement of purchase and sale for an RV or to respond to an
inquiry about a Listing or to have any other interaction with any other Member.
By using the Site, Application or Services, you agree that
any legal remedy or liability that you seek to obtain for actions or omissions
of other Members or other third parties will be limited to a claim against the
particular Members or other third parties who caused you harm. You agree not to
attempt to impose liability on or seek any legal remedy from RVnGO with respect
to such actions or omissions. Accordingly, we encourage you to communicate
directly with other Members on the Site and Services regarding any bookings or
Listings made by you. This limitation shall not apply to any claim by a Host
against RVnGO regarding the remittance of payments received from a Guest by
RVnGO on behalf of a Host, which instead shall be subject to the limitations
described in the section below entitled "Limitation of Liability".
Bookings and Financial Terms
This section only applies to RVnGO to the extent that RVnGO
is processing transactions as an agent for Host and Guest. If the Host and
Guest are directly transacting between themselves and using the RVnGO platform
as a finder’s service, then all terms that would apply to RVnGO apply to Host,
mutandis mutandi, and the parties are solely responsible for transacting
between themselves and RVnGO has no involvement, responsibility, nor liability
in such transaction.
Key Definitions
"RV Fees" means the amounts that are
due and payable by a Guest in exchange for that Guest's stay in and use of an
RV. The Host alone, and not RVnGO, is responsible for the RV Fees for his or
her Listing. The Host may in his or her sole discretion decide to include in
these amounts (i) a cleaning fee or any other fee permitted on the RVnGO
platform, (ii) a mileage fee, or (iii) Taxes that the Host determines that he
or she has to collect, (iv) a holding or booking deposit, and (v) a security
deposit.
"Guest Fees" means the fee that RVnGO
charges a Guest for the use of the Services, which is calculated as a
percentage of the applicable RV Fees. The Guest Fees will be displayed to the
Guest when the Guest is asked whether to send a booking request to a Host and
will be calculated from the RV Fees.
"Host Fees" means the fee that RVnGO
charges a Host for the use of the Services, which is calculated as a percentage
of the applicable RV Fees. The Host Fees will be displayed to the Host when the
Host is asked whether to confirm or reject a booking request from a prospective
Guest and will be calculated from the RV Fees. "Service Fees" means
collectively the Guest Fees and the Host Fees.
"Total Fees" means collectively the RV
Fees, the Host Fees and the Guest Fees plus any Taxes.
Bookings and Financial Terms for Hosts and Guests
If you are a Host and a booking is requested for your RV via
the Platform, you will be required to either confirm or reject the booking
request within the Booking Request Period, otherwise the booking request will
automatically expire. When a booking is requested via the Site, Application or
Services, we will share with you (i) the first and last name of the Guest who
has requested the booking, (ii) a link to the Guest's RVnGO Account profile
page, (iii) if the Guest and Host have both connected their RVnGO accounts to
SNS, the names of any members of an SNS with whom you are "friends"
or associated on the SNS if such individuals are also "friends" or
associated with the Guest on such SNS, and (iv) an indication of whether or not
the Guest has provided other information to RVnGO, such as a verified email
address, connection to SNSs, or a government ID. If you are unable to confirm
or decide to reject a booking request within the Booking Request Period, any
amounts collected by RVnGO for the requested booking will be refunded to the
applicable Guest's credit card and any pre-authorization of such credit card
will be released. When you confirm a booking requested by a Guest, RVnGO will
send you an email, text message or message via the Application confirming such
booking, depending on the selections you make via the Site, Application and
Services.
RVnGO will collect the Total Fees at the time of booking
confirmation (i.e. when the Host confirms the booking request) and will
initiate payment of the RV Fees (less RVnGO's Host Fees and any Taxes in
respect of the Host Fees) to the Host within 24 hours of when the Guest takes
possession of the applicable RV (except to the extent that a refund is due to
the Guest). The time it takes for the Host to receive payouts may depend upon
the payout method chosen by the Host. Some methods involve the use of third party
payment processors, who may impose their own additional charges for the use of
their services on the Host, including by deducting their charges from the
payout amount.
If you owe or agree to pay any amount via RVnGO to RVnGO
(whether as a result of your bookings or actions as a Guest or otherwise), then
RVnGO may (but is not obliged to) withhold the amount owing to RVnGO from any
payout amounts due to you as a Host, and use the withheld amount to offset the
amount owed by you to RVnGO. If RVnGO does so, then your obligation to pay
RVnGO will be extinguished to the extent of the amount withheld by RVnGO, and
RVnGO will cease to owe to you any obligations (including, but not limited to,
any obligation to pay you) with respect to the amount withheld. In addition to
the amount due, if your account is delinquent or you otherwise have chargebacks
on your account, you may be charged fees that are incidental to our collection
of these delinquent amounts and chargebacks. Such fees or charges may include
collection fees, convenience fees, or other third party charges. You hereby
explicitly agree that all communication in relation to delinquent accounts will
be made by electronic mail or by phone, as provided to RVnGO by you. Such
communication may be made by RVnGO or by anyone on its behalf, including but
not limited to a third party collection agent.
Appointment of RVnGO as Limited Payment Collection Agent
for Host
Each Host hereby appoints RVnGO as the Host's limited
payment collection agent solely for the purpose of accepting the RV Fees from
Guests.
Each Host agrees that payment made by a Guest through RVnGO,
shall be considered the same as a payment made directly to the Host, and the
Host will make the RV available to the Guest in the agreed-upon manner as if
the Host has received the RV Fees. Each Host agrees that RVnGO may, in
accordance with the cancellation policy selected by the Host and reflected in
the relevant Listing, (i) permit the Guest to cancel the booking and (ii)
refund (via RVnGO) to the Guest that portion of the RV Fees specified in the
applicable cancellation policy. Each Host understands that as RVnGO accepts
payments from Guests as the Host's limited payment collection agent and that
RVnGO's obligation to pay the Host is subject to and conditional upon
successful receipt of the associated payments from Guests. RVnGO does not
guarantee payments to Hosts for amounts that have not been successfully
received by RVnGO from Guests. In accepting appointment as the limited
authorized agent of the Host, RVnGO assumes no liability for any acts or
omissions of the Host.
Please note that RVnGO does not currently charge fees for
the creation of Listings. However, you as a Host acknowledge and agree that
RVnGO reserves the right, in its sole discretion, to charge you for and collect
fees from you for the creation of Listings. Please note that RVnGO will provide
notice of any Listing fee collection via the Site, Application and Services,
prior to implementing such a Listing fee feature.
Bookings and Financial Terms for Guests
The Hosts, not RVnGO, are solely responsible for honoring
any confirmed bookings and making available any RVs reserved through the Site,
Application and Services. If you, as a Guest, choose to enter into a
transaction with a Host for the booking of an RV, you agree and understand that
you will be required to enter into an agreement with the Host and you agree to
accept any terms, conditions, rules and restrictions associated with such RV
imposed by the Host. You acknowledge and agree that you, and not RVnGO, will be
responsible for performing the obligations of any such agreements, that RVnGO
is not a party to such agreements, and that, with the exception of its payment
obligations hereunder, RVnGO disclaims all liability arising from or related to
any such agreements. You acknowledge and agree that, notwithstanding the fact
that RVnGO is not a party to the agreement between you and the Host, RVnGO acts
as the Host's payment collection agent for the limited purpose of accepting
payments from you on behalf of the Host. Upon your payment of the Total Fees to
RVnGO, your payment obligation to the Host for the RV Fees is extinguished, and
RVnGO is responsible for remitting the RV Fees (less the Host Fees and any
Taxes in respect of the Host Fees), in the manner described in these Terms. In
the event that RVnGO does not remit any such amounts as described in these
Terms, such Host will have recourse only against such RVnGO entity.
The Total Fees payable will be displayed to a Guest before
the Guest sends a booking request to a Host. As noted above, the Host is
required to either confirm or reject the booking request within the Booking
Request Period; otherwise, the requested booking will be automatically
cancelled. If a requested booking is cancelled (i.e. not confirmed by the
applicable Host), any amounts collected by RVnGO will be refunded to such
Guest, depending on the selections the Guest makes via the Site and
Application, and any pre-authorization of such Guest's credit card will be
released, if applicable.
You, as a Guest, agree to pay RVnGO for the Total Fees for
any booking requested in connection with your RVnGO Account, if such requested
bookings are confirmed by the applicable Host. In order to establish a booking
pending the applicable Host's confirmation of your requested booking, you
understand and agree that RVnGO, on behalf of the Host, reserves the right, in
its sole discretion, to (i) obtain a pre-authorization via your credit card for
the Total Fees or (ii) charge your credit card a nominal amount, not to exceed
one dollar ($1), or a similar sum in the currency in which you are transacting
(e.g. one euro or one British pound), to verify your credit card. As a general
rule, RVnGO will collect the Total Fees due once RVnGO receives confirmation of
your booking from the applicable Host; if necessary, Total Fees may instead be
collected at a later point. Please note that RVnGO cannot control any fees that
may be charged to a Guest by his or her bank related to RVnGO's collection of
the Total Fees, and RVnGO disclaims all liability in this regard.
In connection with your requested booking, you will be asked
to provide customary billing information such as name, billing address and
credit card information either to RVnGO or its third party payment
processor(s). You agree to pay RVnGO for any confirmed bookings made in
connection with your RVnGO Account in accordance with these Terms by one of the
methods described on the Site or Application, e.g. by PayPal or credit card.
You hereby authorize the collection of such amounts by charging the credit card
provided as part of requesting the booking, either directly by RVnGO or
indirectly, via a third party online payment processor or by one of the payment
methods described on the Site or Application. You also authorize RVnGO to
charge your credit card in the event of damage caused to an RV as contemplated
under "Damage to RVs" below and for Security Deposits, if applicable.
If you are directed to RVnGO's third party payment processor(s), you may be
subject to terms and conditions governing use of that third party's service and
that third party's personal information collection practices. Please review
such terms and conditions and
privacy policy before using the services. Once your
confirmed booking transaction is complete you will receive a confirmation email
summarizing your confirmed booking.
Security Deposits
Hosts may choose to include security deposits in their
Listings ("Security Deposits"). Each Listing will describe
whether a Security Deposit is required for the applicable RV. If a Security
Deposit is included in a Listing for a confirmed booking of an RV, and a Host
makes a claim against such Security Deposit, RVnGO will, in its capacity as the
payment collection agent of the Host, use its commercially reasonable efforts
to charge the Guest's payment method in the amount of the Security Deposit,
within a reasonable period of time after the Guest's check-out from the Host's
RV. RVnGO will also use its commercially reasonable efforts to address Hosts'
requests and claims related to Security Deposits, but RVnGO is not responsible
for administering or accepting any claims by Hosts related to Security
Deposits, and disclaims any and all liability in this regard.
Mileage Fees
Hosts may choose to include mileage fees for motorhomes in
their Listings ("Mileage Fee"). Each Listing will describe
whether a Mileage Fee is required for the applicable RV, which will be a per
mile charge multiplied by an estimated total mileage. If a Mileage Fee is
included in a Listing for a confirmed booking of an RV, and a Host makes a
claim for an exceedance of the permitted miles against such Mileage Fee, RVnGO
will, in its capacity as the payment collection agent of the Host, use its
commercially reasonable efforts to charge the Guest's payment method in the
amount of the Mileage Fee overage (being the total miles incurred during the
rental period times the per mile fee, less the Mileage Fees already collected),
within a reasonable period of time after the Guest's check-out from the Host's
RV. Conversely, if the Guest makes a claim for an underage and refund of a
portion of the Mileage Fee, RVnGO will, in its capacity as the payment
collection agent of the Host, use its commercially reasonable efforts to refund
the applicable Mileage Fee (being the difference between the actual miles
incurred during the rental and the amount of the Mileage Fee charged in
advance), within a reasonable period of time after the Guest’s check-out from
the Host’s RV. RVnGO will also use its commercially reasonable efforts to
address Guests' and Hosts’ requests and claims related to Mileage Fees, but
RVnGO is not responsible for administering or accepting any claims by Hosts or
Guests related to Mileage Fees, and disclaims any and all liability in this
regard.
RVnGO reserves the right to not process Mileage Fee
refunds or exceedances if the amount involved is less than $20.00.
The Guest and Host are both advised to note the odometer
reading on the motorhome RV before and after the rental so that excess Mileage
Fee can be charged or unused Mileage Fee can be refunded, and Hosts and Guests
can make claims therefor as applicable.
Refueling Fees & Dumping Fees
Hosts may choose to include refueling fees and dumping fees
for waste tanks in their Listings ("Refueling and Dumping Fees").
Each Listing will describe whether Refueling and Dumping Fees are required for
the applicable RV. If a Refueling and Dumping Fees is included in a Listing for
a confirmed booking of an RV, and a Host makes a claim against such Refueling
and Dumping Fees, RVnGO will, in its capacity as the payment collection agent
of the Host, use its commercially reasonable efforts to charge the Guest's
payment method in the amount of the Refueling and Dumping Fees, within a
reasonable period of time after the Guest's check-out from the Host's RV. RVnGO
will also use its commercially reasonable efforts to address Hosts' requests
and claims related to Refueling and Dumping Fees, but RVnGO is not responsible
for administering or accepting any claims by Hosts related to Refueling and
Dumping Fees, and disclaims any and all liability in this regard.
Service Fees
In consideration for the use of RVnGO's online marketplace
and platform, RVnGO charges Service Fees. Where applicable, Taxes may also be
charged in respect of the Host Fees and Guest Fees. RVnGO deducts the Host Fees
from the RV Fees before remitting the balance to the Host as described in these
Terms. Guest Fees are, as noted above, included in the Total Fees.
Balances will be remitted by RVnGO to Hosts via check,
PayPal, direct deposit or other payment methods, as described on the Site or
via the Application, in the currency of the United States of America.
Please note that RVnGO, may impose or deduct foreign
currency processing costs on or from any payments or payouts by RVnGO in
currencies other than U.S. dollars. More information on any such costs or
deductions will be available via the Site and Application. Except as otherwise
provided herein, Service Fees are non-refundable.
General
Booking and Financial Terms
Cancellations and Refunds
This section only applies to RVnGO to the extent that RVnGO
is processing transactions as an agent for Host and Guest. If the Host and
Guest are directly transacting between themselves and using the RVnGO platform
only as a finder’s service, then all terms that would apply to RVnGO apply to
Host, mutandis mutandi, and the parties are solely responsible for transacting
between themselves and RVnGO has no involvement, responsibility, nor liability
in such transaction.
If, as a Guest, you cancel your requested booking before the
requested booking is confirmed by a Host, RVnGO will cancel any
pre-authorization to your credit card and/or refund any nominal amounts charged
to your credit card in connection with the requested booking within a
commercially reasonable time. If, as a Guest, you wish to cancel a confirmed
booking made via the Platform, either prior to or after arriving at the RV, the
cancellation policy of the Host contained in the applicable Listing will apply
to such cancellation. Our ability to refund the RV Fees and other amounts
charged to you will depend upon the terms of the applicable cancellation
policy. Details regarding refunds and cancellation policies are available via
the Site and Application. The Guest Fee is non-refundable regardless of the
cancellation policy selected by the Host.
If a Host cancels a confirmed booking made via the Platform,
(i) RVnGO will refund the Total Fees for such booking to the applicable Guest
within a commercially reasonable time of the cancellation and (ii) the Guest
will receive an email or other communication from RVnGO containing alternative
Listings and other related information. If the Guest requests a booking from
one of the alternative Listings and the Host associated with such alternative
Listing confirms the Guest's requested booking, then the Guest agrees to pay
RVnGO the Total Fees relating to the confirmed booking for the RV in the
alternative Listing, in accordance with these Terms. If a Host cancelled a
confirmed booking and you, as a Guest, have not received an email or other
communication from RVnGO, please contact RVnGO.
If, as a Host, you cancel a confirmed booking, you agree
that RVnGO may apply penalties or consequences to you or your Listing,
including (i) publishing an automated review on your Listing indicating that a
reservation was cancelled, (ii) keeping the calendar for your Listing
unavailable or blocked for the dates of the cancelled booking, and/or (iii)
imposing a cancellation fee (to be withheld from your future payouts or charged
to the credit card on file in your RVnGO Account). You will be notified of the situations
in which a cancellation fee applies before you decide to cancel.
In certain circumstances, RVnGO may decide, in its sole
discretion, that it is necessary or desirable to cancel a confirmed booking
made via the Platform. This may be for reasons set forth in
RVnGO's Extenuating Circumstances policy or for any
other reason. RVnGO may also determine, in its sole discretion, to refund to
the Guest part or all of the amounts charged to the Guest in accordance with
the
Guest Refund Policy. You agree that RVnGO and the relevant
Guest or Host will not have any liability for such cancellations or refunds.
If, as a Host, your Guest cancels a confirmed booking or
RVnGO decides that it is necessary to cancel a confirmed booking, and RVnGO
issues a refund to the Guest in accordance with the Guest Refund Policy or
other applicable cancellation policies, you agree that in the event you have
already been paid RVnGO shall be entitled to recover the amount of any such
Guest refund from you, including by subtracting such refund amount out from any
future RV Fees due to you.
If, as a Guest, you cancel a confirmed booking that is
not covered by RVnGO’s Extenuating Circumstances policy, your cancellation will
be subject to the following cancellation fees:
|
Cancellation
30 days or more before start of confirmed booking.
|
Cancellation
30 - 8 days before start of confirmed booking.
|
Cancellation
7 days or less before start of confirmed booking.
|
If
the Host has selected the strict cancellation policy
|
Full
Refund , less applicable processing fee.
|
Any
Booking Deposit plus applicable processing fee is forfeited.
|
The
Total Fee plus applicable processing fee is forfeited.
|
If the Host has selected the flexible cancellation
policy.
|
Full Refund , less applicable processing fee.
|
Full Refund , less applicable processing fee.
|
Forfeit any Booking Deposit plus applicable processing
fee.
|
Recurring Payments
In some instances, Guests may be required to make recurring,
incremental payments toward the Total Fees owed for a confirmed booking before
beginning his or her stay at the applicable RV (collectively, "Recurring
Payments"). More information on Recurring Payments will be made
available via the Platform, if applicable. If Recurring Payments apply to a
confirmed booking, then the Guest authorizes RVnGO, on behalf of the Host, to
collect the Total Fees and the Host agrees that such RVnGO entity will initiate
payouts to the Host, in the increments and at the frequency associated with the
applicable Recurring Payments, each as identified on the Platform.
Rounding Off
RVnGO may, in its sole discretion, round up or round down
amounts that are payable from or to Guests or Hosts to the nearest whole
functional base unit in which the currency is denominated (e.g. to the nearest
dollar, euro or other supported currency); for example, RVnGO will round up an
amount of $101.50 to $102.00, and $101.49 to $101.00.
Some currencies are denominated in large numbers. In those
cases, RVnGO may determine the functional base unit in which those currencies
are denominated to be 10, 100 or 1,000 of the currency; the corresponding
examples for such currencies would be for RVnGO to round up an amount of 1,045
up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to
35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
Payment Processing Errors
We will take steps to rectify any payment processing errors
that we become aware of. These steps may include crediting or debiting (as
appropriate) the same payment method used for the original payout to or payment
by you, so that you end up receiving or paying the correct amount.
Taxes
Tax regulations may require us to collect appropriate tax
information from our Hosts, or to withhold taxes from payouts to Hosts, or
both. For instance, IRS regulations stipulate that we must collect an IRS Form
W-9 from our US Hosts, and an appropriate IRS Form W-8 (e.g. Form W-8BEN) from
non-US hosts with at least one rental Listing in the US. You as a Host are
solely responsible for keeping the information in your tax forms current,
complete and accurate. If you as a Host fail to provide us with documentation
that we determine to be sufficient to alleviate our obligation (if any) to
withhold taxes from payments to you (e.g. where you are a US Host and you fail
to provide us with a completed IRS Form W-9), we reserve the right in our sole
discretion to freeze all payouts to you until resolution, to withhold such
amounts as required by law, or to do both.
You as a Host understand and agree that you are solely
responsible for determining (i) your applicable Tax reporting requirements, and
(ii) the Taxes that should be included, and for including Taxes to be collected
or obligations relating to applicable Taxes in Listings. You are also solely
responsible for remitting to the relevant authority any Taxes included or
received by you. RVnGO cannot and does not offer Tax-related advice to any
Members.
You understand and acknowledge that appropriate governmental
agencies, departments or authorities (the "Tax Authority")
where your RV is located may require Taxes to be collected from Guests or Hosts
on the amount paid for the right to use and/or occupancy of RVs, and to be
remitted to the respective Tax Authority. The laws in jurisdictions may vary,
but these taxes may be required to be collected and remitted as a percentage of
the rent or RV Fees set by Hosts, a set amount per day, or other variations, and
are sometimes called "occupancy taxes," "hotel taxes,"
"lodging taxes," "transient taxes," "sales and use
taxes," "value added taxes," "room taxes," or
"tourist taxes" (hereafter, "Occupancy Taxes").
Generally, Occupancy Taxes do not apply to the rental of RVs, but Hosts should
check their applicable jurisdictions tax laws to determine if Occupancy Taxes
may be applicable.
Occupancy Tax Collection and Remittance
In certain jurisdictions, RVnGO may decide in its sole
discretion to facilitate collection and remittance of Occupancy Taxes from or
on behalf of Guests or Hosts, in accordance with your directions in this
Agreement ("Collection and Remittance") if such tax jurisdiction
asserts RVnGO or Hosts have a tax collection and remittance obligation. In any
jurisdiction in which we decide to facilitate direct Collection and Remittance,
whether you are a Guest or Host, in lieu of the Host collecting Occupancy taxes
from Guests and remitting to the Tax Authority, you hereby instruct and
authorize RVnGO to collect Occupancy Taxes from Guests on the Host's behalf at
the time RV Fees are collected, and to remit such Occupancy Taxes to the Tax
Authority. When RVnGO facilitates Collection and Remittance of Occupancy Taxes
in a jurisdiction for the first time, RVnGO will provide notice to existing
Hosts with Listings for RVs in such jurisdictions.
When a new listing is created in a jurisdiction where RVnGO
facilitates Collection and Remittance of Occupancy Taxes, the Host will be
notified in the listing creation flow.
The amount of Occupancy Taxes, if any, collected and
remitted by RVnGO will be visible to and separately stated to both Guests and
Hosts on their respective transaction documents. Where RVnGO is directly
facilitating Collection and Remittance, Guests and Hosts agree that Hosts are
not permitted to attempt collection, or collect any Occupancy Taxes relating to
their RVs on RVnGO in that such jurisdiction. You expressly agree to release,
defend, indemnify, and hold RVnGO and its affiliates and subsidiaries, and
their officers, directors, employees and agents, harmless from and against any
claims, liabilities, damages, losses, debts, obligations, and expenses,
including, without limitation, reasonable legal and/or accounting fees, arising
out of or in any way related to Occupancy Taxes, including, without limitation,
the applicability of, calculation, collection or remittance of Occupancy Taxes
in any amount or at all as to your transactions or RVs.
For any jurisdiction in which we facilitate Collection and
Remittance, Hosts and Guests expressly grant us permission, without further
notice, to store, transfer and disclose data and other information relating to
them or to their Transactions, Bookings, RVs and Occupancy Taxes, including,
but not limited to, personally identifiable information such as Host's or
Guest's name, listing addresses, transaction dates and amounts, tax
identification number(s), the amount of taxes collected from Guests or allegedly
due, contact information and similar information, to the relevant Tax
Authority.
Opt-in to Host Remittance of Taxes
In other jurisdictions, RVnGO may decide in its sole
discretion to facilitate Occupancy Tax collection on behalf of Hosts and Guests
in accordance with a Host's direction to opt in to a specific Occupancy Tax
line item in the booking process, in which the Host directs that Occupancy
Taxes from Guests be sent directly to the Host so that the Host will remit such
taxes directly to Tax Authority ("Opt-in for Host Remittance"). In
any jurisdiction in which we decide to facilitate Collection by Opt-in for Host
Remittance, whether you are a Guest or Host, you hereby instruct and authorize
RVnGO to send Occupancy Taxes received from Guests at the time RV Fees are
collected to the Host who is obligated to send such taxes to the Tax Authority
directly.
If RVnGO offers and a Host selects Opt-in for Host
Remittance in any jurisdiction, Hosts and Guests remain solely responsible and
liable for the payment and remittance of any and all taxes that may apply to
RVs; you agree and understand that RVnGO is not responsible for, and will not
send any such Occupancy Taxes to the Tax Authority under Opt-in to Host
Remittance of Taxes. You hereby agree that through third party payment
processors, RVnGO is merely processing Your election and direction to have
Occupancy Taxes from Guests sent directly to the Host for remittance by the
Host to the Tax Authority, and that You will remit all amounts collected from
Guests as Occupancy Taxes to such Tax Authority.
You expressly agree to release, defend, indemnify, and hold
RVnGO and its affiliates and subsidiaries, and their officers, directors,
employees and agents, harmless from and against any claims, liabilities,
damages, losses, debts, obligations, and expenses, including, without
limitation, reasonable legal and/or accounting fees, arising out of or in any
way related to Occupancy Taxes, including, without limitation, the
applicability of, calculation of, collection of Occupancy Taxes in any amount
or at all as to your transactions or RVs. For any jurisdiction in which we
facilitate Opt-in for Host Remittance, Hosts and Guests expressly grant us
permission, without further notice, to store, transfer and disclose data and
other information relating to them or to their Transactions, Bookings, RVs and
Occupancy Taxes, including, but not limited to, personally identifiable
information such as Host's or Guest's name, listing addresses, transaction
dates and amounts, tax identification number(s), the amount of taxes received
by Hosts from Guests, or allegedly due, contact information and similar
information, to the relevant Tax Authority.
Miscellaneous Occupancy Tax Provisions
In any jurisdiction in which we have not provided notice of,
or are not facilitating (or are no longer facilitating) the collection or
remittance of Occupancy Taxes by Collection and Remittance, Opt-in for Host
Remittance or any other means or method, in your jurisdiction, Hosts and Guests
remain solely responsible and liable for the collection and/or remittance of
any and all Occupancy Taxes that may apply to RVs.
Hosts and Guests acknowledge and agree that in some
jurisdictions, RVnGO may decide not to facilitate collection or remittance of
Occupancy Taxes or may not be able to facilitate the collection and/or
remittance of Occupancy Taxes, and nothing contained in this Agreement is a
representation or guarantee that RVnGO will facilitate collection and/or
remittance of Occupancy Tax anywhere at all, including in any specific
jurisdiction, or that RVnGO will continue to facilitate any collection or
remittance of Occupancy Tax in any specific jurisdiction in which it may have
been offered. RVnGO reserves the right, in its sole determination, to cease any
facilitation of any collection and remittance of Occupancy Tax (regardless of
method used or to be used in the future) for any reason or no reason at all,
provided that it will give Hosts reasonable notice in any jurisdiction in which
RVnGO determines to cease any such facilitation.
Damage to RVs
As a Guest, you are responsible for leaving the RV in the
condition it was in when you took possession of the RV. You acknowledge and
agree that, as a Guest, you are responsible for your own acts and omissions and
are also responsible for the acts and omissions of any individuals whom you
invite to, or otherwise provide access to, the RV. In the event that a Host
claims otherwise and provides evidence of damage, including but not limited to
photographs, you agree to pay the cost of replacing the damaged items with
equivalent items. After being notified of the claim and given forty eight (48)
hours to respond, the payment will be charged to and taken from the credit card
on file in your RVnGO Account. RVnGO also reserves the right to charge the
credit card on file in your RVnGO Account, or otherwise collect payment from
you and pursue any avenues available to RVnGO in this regard, including using
Security Deposits, in situations in which you have been determined, in RVnGO's
sole discretion, to have damaged any RV, including, but not limited to, in
relation to any payment requests made by Hosts under the RVnGO Host Guarantee,
and in relation to any payments made by RVnGO to Hosts. If we are unable to
charge the credit card on file or otherwise collect payment from you, you agree
to remit payment for any damage to the RV to the applicable Host or to RVnGO
(if applicable).
The Guest is not responsible for normal wear and tear to the
RV during the rental period, such as flat tires, engine breakdowns or appliance
breakdowns, unless such damage was caused by the Guests’ recklessness or
negligence, or intentionally caused by the Guest.
Both Guests and Hosts agree to cooperate with and assist
RVnGO in good faith, and to provide RVnGO with such information and take such
actions as may be reasonably requested by RVnGO, in connection with any
complaints or claims made by Members relating to RVs or any personal or other
property located at an RV (including, without limitation, payment requests made
under the RVnGO Host Guarantee) or with respect to any investigation undertaken
by RVnGO or a representative of RVnGO regarding use or abuse of the Platform.
If you are a Guest, upon RVnGO's reasonable request, and to the extent you are
reasonably able to do so, you agree to participate in mediation or similar
resolution process with a Host, at no cost to you, which process will be
conducted by RVnGO or a third party selected by RVnGO or its insurer, with
respect to losses for which the Host is requesting payment from RVnGO under the
RVnGO Host Guarantee.
If you are a Guest, you understand and agree that RVnGO may
make a claim under your automotive, homeowner's, renter's or other insurance
policy related to any damage or loss that you may have caused or been
responsible for or to an RV or any personal or other property located
(including without limitation amounts paid by RVnGO under the RVnGO Host
Guarantee). You agree to cooperate with and assist RVnGO in good faith, and to
provide RVnGO with such information as may be reasonably requested by RVnGO, in
order to make a claim under your automotive, homeowner's, renter's or other insurance
policy, including, but not limited to, executing documents and taking such
further acts as RVnGO may reasonably request to assist RVnGO in accomplishing
the foregoing.
Overstaying without the Host's Consent
Guests agree that a confirmed reservation is merely a
license granted by the Host to the Guest to take possession and use the RV that
is the subject of the Listing for the limited duration of the confirmed
reservation and in accordance with the Guest's agreement with the Host. Guests
further agree to leave the RV no later than the checkout time and place that
the Host specifies in the Listing or such other time as mutually agreed upon
between the Host and Guest. If a Guest stays past the agreed upon checkout time
without the Host's consent, they no longer have a license to stay in the
Listing and the Host is entitled to make the Guest return the RV to the place
specified in the Listing or mutually agreed upon between the Host and Guest and
leave the RV. In addition, Guests agree that the Host can charge the Guest, for
each 24 hour period that the Guest stays over the agreed period without the
Host's consent, an additional nightly fee of two times the average nightly RV
Fee originally paid by the Guest, and if the Guest does not return the RV to
return point in the Listing or as mutually agreed upon by the Guest and Host a
mileage and return fee equivalent to two times the mileage charge plus $5
dollars for each mile the RV is from the said return point, to cover the
inconvenience suffered by the Host, plus all applicable Service Fees, Taxes,
and any third party, transportation, travel expenses and legal expenses
incurred by the Host to make the Guest leave and arrange the return of the RV
(collectively, "Additional Sums"). Guests agree that RVnGO, in
its role as limited collection agent for the Host, shall charge the Guest's
credit card or other payment methods it has on file to collect these Additional
Sums. In addition, RVnGO may recover any costs and expenses it incurs in
collecting the Additional Sums by charging the Guest's credit card or other
payment method on file.
Foreign Currency
RVnGO's online platform facilitates bookings between Guests
and Hosts who may prefer to pay and to receive payments in different
currencies, which may require foreign currency conversions to accommodate these
differing currency preferences. The currencies available for users to make and
receive payments may be limited, and may not include the default currency of
United States dollars in any given geographic location.
Each foreign currency conversion is processed at a foreign
currency conversion rate. This rate generally refers to the amount of one
currency that must be paid to buy a certain amount of another currency at a
given time. For example, if it costs US$125.00 to buy €100.00, the currency
conversion rate of US dollars to Euros would be 1.25, and the currency
conversion rate from Euros to US dollars would be 0.8. Currency conversion
rates will vary from time to time.
Please note that your payment company (for example, your
credit or bank card issuer) will use a currency conversion rate for and may
impose a currency conversion fee on your payment or payout, if your card or
bank account is denominated in a currency that is different from the currency
of the United States of America. Similarly, third party payment processors may
also use a currency conversion rate for or impose a currency conversion fee on
your payment or payout. All of these currency conversion rates and fees are not
controlled by or known to RVnGO
RV Rental
Insurance and User Conduct Terms
Protection Plan Terms
The terms and conditions under the article "
RVnGO RV Rental Insurance Terms of Service"
are hereby incorporated by reference and
shall be read in conjunction with these Terms and to the greatest extent
reasonably possible be interpreted in a manner that is consistent with these
Terms, but to the extent that these incorporated articles cannot be reasonably
interpreted with these Terms, the incorporated articles necessary
interpretation will prevail and be paramount.
User Conduct
You understand and agree that you are solely responsible for
compliance with any and all laws, rules, regulations, and Tax obligations that
may apply to your use of the Site, Application, Services and Collective
Content. In connection with your use of the Site, Application, Services and
Collective Content, you may not and you agree, that you will not:
violate
any local, state, provincial, national, or other law or regulation, or any
order of a court, including, without limitation, zoning restrictions and
Tax regulations;
use
manual or automated software, devices, scripts, robots, backdoors or other
means or processes to access, "scrape," "crawl" or
"spider" any web pages or other services contained in the Site,
Application, Services or Collective Content;
access
or use our Site, Application, Services or the RVnGO API to use, expose, or
allow to be used or exposed, any RVnGO Content: (i) that is not publicly
displayed by RVnGO in its search results pages or listing pages before a
booking is confirmed; (ii) in any way that is inconsistent with the
RVnGO
Privacy Policy or Terms of Service; or (iii) in
any way that otherwise violates the privacy rights or any other rights of
RVnGO's users or any other third party;
use
the Site, Application, Services or Collective Content for any commercial
or other purposes that are not expressly permitted by these Terms;
copy,
store or otherwise access or use any information contained on the Site,
Application, Services or Collective Content for purposes not expressly
permitted by these Terms;
infringe
the rights of any person or entity, including without limitation, their
intellectual property, privacy, publicity or contractual rights;
interfere
with or damage our Site, Application or Services, including, without
limitation, through the use of viruses, cancel bots, Trojan horses,
harmful code, flood pings, denial-of-service attacks, backdoors, packet or
IP spoofing, forged routing or electronic mail address information or
similar methods or technology;
use
our Site, Application or 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 credit, debit, calling card or account numbers; use
our Site, Application, Services or Collective Content in connection with
the distribution of unsolicited commercial email ("spam")
or advertisements unrelated to lodging in a private residence;
"stalk"
or harass any other user of our Site, Application, Services or Collective
Content, or collect or store any personally identifiable information about
any other user other than for purposes of transacting as an RVnGO Guest,
Host, Buyer or Seller;
offer,
as a Host, any RV that you do not yourself own or have permission to rent
(without limiting the foregoing, you will not list RVs as a Host if you
are serving in the capacity of a rental agent or listing agent for a third
party, unless such third party has expressly appointed you as their agent
to list the RV for rent on the Platform);
offer,
as a Host, any RV that may not be rented or subleased pursuant to the
terms and conditions of an agreement with a third party;
register
for more than one RVnGO Account or register for an RVnGO Account on behalf
of an individual other than yourself;
unless
RVnGO explicitly permits otherwise, request or book a stay in any RV if
you will not actually be staying in the RV yourself;
contact
a Host for any purpose other than asking a question related to a booking
or purchase and sale of such Host's RVs or Listings;
contact
a Guest for any purpose other than asking a question related to a Listing
or such Guest's use of the Platform;
recruit
or otherwise solicit any Member to join third party services or websites
that are competitive to RVnGO, without RVnGO's prior written approval;
impersonate
any person or entity, or falsify or otherwise misrepresent yourself or
your affiliation with any person or entity;
use
automated scripts to collect information from or otherwise interact with
the Platform or Collective Content;
use
the Site, Application, Services or Collective Content to find a Host or
Guest and then complete a booking of an RV independent of the Platform, in
order to circumvent the obligation to pay any Service Fees related to
RVnGO's provision of the Services or for any other reasons;
as a
Host or Seller, submit any Listing with false or misleading price
information, or submit any Listing with a price that you do not intend to
honor;
post,
upload, publish, submit or transmit any Content that: (i) infringes,
misappropriates or violates a third party's patent, copyright, trademark,
trade secret, moral rights or other intellectual property rights, or
rights of publicity or privacy; (ii) violates, or encourages any conduct
that would violate, any applicable law or regulation or would give rise to
civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv)
is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes
discrimination, bigotry, racism, hatred, harassment or harm against any
individual or group; (vi) is violent or threatening or promotes violence
or actions that are threatening to any other person; or (vii) promotes
illegal or harmful activities or substances;
systematically
retrieve data or other content from our Platform to create or compile,
directly or indirectly, in single or multiple downloads, a collection,
compilation, database, directory or the like, whether by manual methods,
through the use of bots, crawlers, or spiders, or otherwise;
use,
display, mirror or frame the Site, Application, Services or Collective
Content, or any individual element within the Site, Application, Services
or Collective Content, RVnGO's name, any RVnGO trademark, logo or other
proprietary information, or the layout and design of any page or form
contained on a page in the Site, Application or Services, without RVnGO's
express written consent;
access,
tamper with, or use non-public areas of the Site, Application or Services,
RVnGO's computer systems, or the technical delivery systems of RVnGO's
providers;
attempt
to probe, scan, or test the vulnerability of any RVnGO system or network
or breach any security or authentication measures;
avoid,
bypass, remove, deactivate, impair, descramble, or otherwise circumvent
any technological measure implemented by RVnGO or any of RVnGO's providers
or any other third party (including another user) to protect the Site,
Services, Application or Collective Content;
forge
any TCP/IP packet header or any part of the header information in any
email or newsgroup posting, or in any way use the Site, Services,
Application or Collective Content to send altered, deceptive or false
source-identifying information;
attempt
to decipher, decompile, disassemble or reverse engineer any of the
software used to provide the Site, Services, Application or Collective
Content; or
advocate,
encourage, or assist any third party in doing any of the foregoing;
accept
or make a payment for RV Fees outside RVnGO. If you do so, you acknowledge
and agree that you: (i) would be in breach of these Terms; (ii) accept all
risks and responsibility for such payment, and (iii) hold RVnGO harmless
from any liability for such payment.
If you, as an RVnGO User, are a driver of a rented vehicle
or an additional driver on a given Guest's rental, you represent, warrant and
agree that:
You
will obey all applicable laws, including all traffic laws and bylaws (“Applicable
Laws”), and will be solely responsible for any violations of such
Applicable Laws,
You
will be solely responsible for paying all tickets incurred by you during
the period of your rental in a timely manner, regardless of whether the
ticket was (i) received by you during your rental period, or (ii) received
by the Host / vehicle owner after the conclusion of your rental period,
RVnGO has the right to investigate and prosecute violations
of any of the above to the fullest extent of the law.
RVnGO may access, preserve and disclose any of your
information if we are required to do so by law, or if we believe in good faith
that it is reasonably necessary to (i) respond to claims asserted against RVnGO
or to comply with legal process (for example, subpoenas or warrants), (ii)
enforce or administer our agreements with users, such as these Terms and the
RVnGO Host Guarantee, (iii) for fraud prevention, risk assessment,
investigation, customer support, product development and de-bugging purposes, or
(iv) protect the rights, property or safety of RVnGO, its users, or members of
the public. You acknowledge that RVnGO has no obligation to monitor your access
to or use of the Site, Application, Services or Collective Content or to review
or edit any Member Content, but has the right to do so for the purpose of
operating and improving the Site, Application and Services (including without
limitation for fraud prevention, risk assessment, investigation and customer
support purposes), to ensure your compliance with these Terms, to comply with
applicable law or the order or requirement of a court, administrative agency or
other governmental body, to respond to content that it determines is otherwise
objectionable or as set forth in these Terms. RVnGO reserves the right, at any
time and without prior notice, to remove or disable access to any Collective
Content that RVnGO, at its sole discretion, considers to be objectionable for
any reason, in violation of these Terms or otherwise harmful to the Platform.
Background Check Acknowledgement & Consent
We implement a comprehensive strategy for risk assessment,
mitigation, and management to maintain a safe and reliable platform. Where
permitted, we reserve the right, but are not obligated, to conduct screenings,
checks, and processes to verify user identities or review users of the
Services. This includes assessments of driving history, driver's license
validity, and criminal activity.
At RVnGO’s sole discretion, RVnGO may use third-party
services to verify the information you provide and to obtain additional
relevant information and corrections when necessary. By using our Services, you
authorize RVnGO to request, receive, use, and store such information. RVnGO
retains the right to approve or deny your booking requests or Listings at its
sole discretion. Some of these third-party services perform data-based checks
to better assess the risk associated with specific Guests, Hosts, and transactions.
General
Provisions, Disclaimers and Limitations of Liability
Privacy
You agree that RVnGO's
Privacy Policy (as may be updated from time to time)
governs RVnGO's collection and use of your personal information.
Ownership
The Site, Application, Services, and Collective Content are
protected by copyright, trademark, and other laws of the United States and
foreign countries. You acknowledge and agree that the Site, Application,
Services and Collective Content, including all associated intellectual property
rights, are the exclusive property of RVnGO and its licensors. You will not
remove, alter or obscure any copyright, trademark, service mark or other
proprietary rights notices incorporated in or accompanying the Site, Application,
Services, or Collective Content.
Collection Policy
You acknowledge and agree that any failure to timely pay any
outstanding amount due to RVnGO hereunder may result in your debt being
referred to a debt collection agency. If your debt is placed with a collection
agency, you agree to pay any costs incurred in connection with the recovery of
the unpaid debt, including any collection agency fees to the maximum amount
allowed by applicable law. You also acknowledge and agree that the
collection agency may report this outstanding debt to the major credit bureaus
on our behalf. In addition, if the debt is placed with an attorney, you
agree to pay reasonable attorney’s fees and any costs of court
incurred.
TCPA Consent
Notwithstanding any current or prior election to opt in or
opt out of receiving collection calls or SMS messages (including text messages)
from us, our agents, representatives, affiliates, or anyone calling on our
behalf, you expressly consent to be contacted by us, our agents,
representatives, affiliates, collection agencies, or anyone calling on our
behalf for any and all purposes arising out of or relating to your account, at
any telephone number, or physical or electronic address you provide or at which
you may be reached. You agree we may contact you in any way, including SMS
messages (including text messages), calls using prerecorded messages or
artificial voice, and calls and messages delivered using auto telephone dialing
system or an automatic texting system.
Additional Terms
Our Services have different products and offerings, so
sometimes additional terms or product requirements may apply to your use of
those products. For example, additional terms apply if you refer new users to
RVnGO ("Referral Program"). If additional terms are available
for the relevant product or Services you use, those additional terms become
part of these Terms.
Application License
Subject to your compliance with these Terms, RVnGO grants
you a limited non-exclusive, non-transferable license to download and install a
copy of the Application on each mobile device or computer that you own or
control and run such copy of the Application solely for your own personal use.
RVnGO Content and Member Content License
Subject to your compliance with the terms and conditions of
these Terms, RVnGO grants you a limited, non-exclusive, non-transferable
license, to (i) access and view any RVnGO Content solely for your personal and
non-commercial purposes and (ii) access and view any Member Content to which
you are permitted access, solely for your personal and non-commercial purposes.
You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative
works based upon, distribute, license, sell, transfer, publicly display,
publicly perform, transmit, broadcast or otherwise exploit the Site,
Application, Services, or Collective Content, except as expressly permitted in
these Terms. No licenses or rights are granted to you by implication or
otherwise under any intellectual property rights owned or controlled by RVnGO
or its licensors, except for the licenses and rights expressly granted in these
Terms.
Member Content
We may, in our sole discretion, permit you to post, upload,
publish, submit or transmit Member Content. By making available any Member
Content on or through the Site, Application and Services, you hereby grant to
RVnGO a worldwide, irrevocable, perpetual (or for the term of the protection),
non-exclusive, transferable, royalty-free license, with the right to
sublicense, to use, view, copy, adapt, modify, distribute, license, sell,
transfer, publicly display, publicly perform, transmit, stream, broadcast, access,
view, and otherwise exploit such Member Content on, through, by means of or to
promote or market the Site, Application and Services. RVnGO does not claim any
ownership rights in any such Member Content and nothing in these Terms will be
deemed to restrict any rights that you may have to use and exploit any such
Member Content.
You acknowledge and agree that you are solely responsible
for all Member Content that you make available through the Site, Application
and Services. Accordingly, you represent and warrant that: (i) you either are
the sole and exclusive owner of all Member Content that you make available
through the Site, Application and Services or you have all rights, licenses,
consents and releases that are necessary to grant to RVnGO the rights in such
Member Content, as contemplated under these Terms; and (ii) neither the Member
Content nor your posting, uploading, publication, submission or transmittal of
the Member Content or RVnGO's use of the Member Content (or any portion
thereof) on, through or by means of the Site, Application and 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.
Links
The Site, Application and Services may contain links to
third party websites or resources. You acknowledge and agree that RVnGO is not
responsible or liable for: (i) the availability or accuracy of such websites or
resources; or (ii) the content, products, or services on or available from such
websites or resources. Links to such websites or resources do not imply any
endorsement by RVnGO of such websites or resources or the content, products, or
services available from such websites or resources. You acknowledge sole
responsibility for and assume all risk arising from your use of any such
websites or resources or the Content, products or services on or available from
such websites or resources.
Some portions of the RVnGO platform implement Google
Maps/Earth mapping services, including Google Maps API(s). Your use of Google
Maps/Earth is subject to
Google's
terms of use.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any
other proprietary designations of RVnGO used herein are trademarks or
registered trademarks of RVnGO. Any other trademarks, service marks, logos,
trade names and any other proprietary designations are the trademarks or
registered trademarks of their respective parties.
Feedback
We welcome and encourage you to provide feedback, comments
and suggestions for improvements to the Site, Application and Services ("
Feedback").
You may submit Feedback by
emailing us, or calling (888) 399-9505 . You acknowledge
and agree that all Feedback you give us will be the sole and exclusive property
of RVnGO and you hereby irrevocably assign to RVnGO and agree to irrevocably
assign to RVnGO all of your rights, title, and interest in and to all Feedback,
including without limitation all worldwide patent, copyright, trade secret,
moral and other proprietary or intellectual property rights therein, and waive
any moral rights you may have in such Feedback. At RVnGO's request and expense,
you will execute documents and take such further acts as RVnGO may reasonably
request to assist RVnGO to acquire, perfect, and maintain its intellectual
property rights and other legal protections for the Feedback.
Copyright Policy
RVnGO respects copyright law and expects its users to do the
same. It is RVnGO's policy to terminate in appropriate circumstances the RVnGO
Accounts of Members or other account holders who repeatedly infringe or are
believed to be repeatedly infringing the rights of copyright holders. Please
see RVnGO's
Copyright Policy for further information.
Suspension, Termination and RVnGO Account Cancellation
We may, in our discretion and without liability to you, with
or without cause, with or without prior notice and at any time, decide to
limit, suspend, deactivate or cancel your RVnGO Account. If we exercise our
discretion under these Terms to do so, any or all of the following can occur
with or without prior notice or explanation to you: (a) your RVnGO Account will
be deactivated or suspended, your password will be disabled, and you will not
be able to access the Site, Application, Services, your RVnGO Account, your
Member Content, or receive assistance from RVnGO Customer Service, (b) any
pending or accepted future bookings as either Host or Guest will be immediately
terminated, (c) we may communicate to your Guests or Hosts that a potential or
confirmed booking has been cancelled, (d) we may refund your Guests in full for
any and all confirmed reservations, irrespective of preexisting cancellation
policies, (e) we may contact your Guests to inform them about potential
alternate RVs with other Hosts that may be available on the Site, Application
and Services, and (f) you will not be entitled to any compensation for
reservations or bookings (even if confirmed) that were cancelled as a result of
a suspension, deactivation or termination of your RVnGO Account. You may cancel
your RVnGO Account at any time via the "Cancel Account" feature of
the Services or by sending us an email. Please note that if your RVnGO Account
is cancelled, we do not have an obligation to delete or return to you any
Content you have posted to the Site, Application and Services, including, but
not limited to, any reviews or Feedback.
Disclaimers
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR
COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR
SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT RVNGO DOES NOT HAVE AN OBLIGATION TO
CONDUCT BACKGROUND, CRIMINAL RECORRDS AND/OR CRIMINAL BACKGROUND, DRIVERS
LICENSE AND/OR DRIVING RECORD, OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER,
INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, BUT MAY CONDUCT SUCH
BACKGROUND IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE
CONTENT AND REFERRAL PROGRAM ARE PROVIDED "AS IS", WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, RVNGO
EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES
ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. RVNGO MAKES NO WARRANTY
THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT
LIMITED TO, THE LISTINGS OR ANY RVS, OR THE REFERRAL PROGRAM WILL MEET YOUR
REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
RVNGO MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, RVS, HOSTS,
GUESTS, YOUR ACCRUAL OF RVNGO TRAVEL CREDITS, THE SERVICES OR COLLECTIVE
CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY
OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR
REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
FROM RVNGO OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT,
WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS
AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH
OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF
THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR
GUESTS. YOU UNDERSTAND THAT RVNGO DOES NOT MAKE ANY ATTEMPT TO VERIFY THE
STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT
ANY RVS. RVNGO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF
USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY
CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE
REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS
OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU
COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR
SERVICES, INCLUDING, BUT NOT LIMITED TO MEMBERS, PARTICULARLY IF YOU DECIDE TO
MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY
RVNGO. NOTWITHSTANDING RVNGO'S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION
AGENT OF THE HOSTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM GUESTS ON BEHALF
OF THE HOSTS, RVNGO EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION
OF ANY GUEST OR OTHER THIRD PARTY.
Limitation of Liability
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
SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OR
PURCHASE AND SALE OF ANY RVS VIA THE SITE, APPLICATION AND SERVICES, YOUR
PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER
USERS OF RVNGO WHETHER IN PERSON OR ONLINE REMAINS WITH YOU.
NEITHER RVNGO NOR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR
THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, 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 SITE, APPLICATION, SERVICES OR
COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH
OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM
YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION,
SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR
BOOKING OR PURCHASE AND SALE OF ANY RV VIA THE SITE, APPLICATION AND SERVICES,
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RVNGO 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.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE
HOSTS PURSUANT TO THESE TERMS, IN NO EVENT WILL RVNGO'S AGGREGATE LIABILITY
ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE,
APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR
BOOKING OF ANY RV VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR
INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR
PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY RV OR
INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE
FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A GUEST IN THE TWELVE
(12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU
ARE A HOST, THE AMOUNTS PAID BY RVNGO TO YOU IN THE TWELVE (12) MONTH PERIOD
PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS
(US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF
DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN RVNGO 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.
Indemnification
You agree to release, defend, indemnify, and hold RVnGO and
its affiliates and subsidiaries, and their officers, directors, employees and
agents, harmless from and against any claims, liabilities, damages, losses, 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
Site, Application, Services, or Collective Content or your violation of these
Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii)
booking of an RV, or (iii) creation of a Listing; (d) the use, condition or
rental of an RV 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
RV; (e) the purchase and sale of a Listing, and (f) your participation in the
Referral Program or your accrual of any RVnGO Travel Credits.
Export Control and Restricted Countries
You may not use, export, re-export, import, or transfer the
Application except as authorized by United States law, the laws of the
jurisdiction in which you obtained the Application, and any other applicable
laws. In particular, but without limitation, the Application may not be
exported or re-exported: (a) into any United States embargoed countries; or (b)
to anyone on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Department of Commerce's Denied Persons List or Entity List.
By using the Site, Application and Services, you represent and warrant that (i)
neither you nor your listed RV is located in a country that is subject to a
U.S. Government embargo, or that has been designated by the U.S. Government as
a "terrorist supporting" country and (ii) you are not listed on any
U.S. Government list of prohibited or restricted parties. You also will not use
the Site, Application and Services for any purpose prohibited by U.S. law,
including the development, design, manufacture or production of missiles, or
nuclear, chemical or biological weapons.
Accessing and Downloading the Application from Third
Party App Stores
The following applies to any Application accessed through or
downloaded from a third party App Store such as iTunes, Google Play, or Windows
App Store ("App Store Sourced Application"):
You
acknowledge and agree that (i) these Terms are concluded between you and
RVnGO only, and not your Mobile Operating System ("Mobile OS'),
and (ii) RVnGO, not your Mobile OS, is solely responsible for the App
Store Sourced Application and content thereof. Your use of the App Store
Sourced Application must comply with the App Store Terms of Services.
You
acknowledge that your Mobile OS has no obligation whatsoever to furnish
any maintenance and support services with respect to the App Store Sourced
Application.
In the
event of any failure of the App Store Sourced Application to conform to
any applicable warranty, you may notify your Mobile OS, and your Mobile OS
will refund the purchase price for the App Store Sourced Application to
you and to the maximum extent permitted by applicable law, your Mobile OS
will have no other warranty obligation whatsoever with respect to the App
Store Sourced Application. As between RVnGO and your Mobile OS, any other
claims, losses, liabilities, damages, costs or expenses attributable to
any failure to conform to any warranty will be the sole responsibility of
RVnGO.
You
and RVnGO acknowledge that, as between RVnGO and your Mobile OS, your
Mobile OS is not responsible for addressing any claims you have or any
claims of any third party relating to the App Store Sourced Application or
your possession and use of the App Store Sourced Application, including,
but not limited to: (i) product liability claims; (ii) any claim that the
App Store Sourced Application fails to conform to any applicable legal or
regulatory requirement; and (iii) claims arising under consumer protection
or similar legislation.
You
and RVnGO acknowledge that, in the event of any third party claim that the
App Store Sourced Application or your possession and use of that App Store
Sourced Application infringes that third party's intellectual property
rights, as between RVnGO and your Mobile OS, RVnGO, not your Mobile OS,
will be solely responsible for the investigation, defense, settlement and
discharge of any such intellectual property infringement claim to the
extent required by these Terms.
You
and RVnGO acknowledge and agree that your Mobile OS, and your Mobile OS's
subsidiaries, are third party beneficiaries of these Terms as related to
your license of the App Store Sourced Application, and that, upon your
acceptance of the terms and conditions of these Terms, your Mobile OS will
have the right (and will be deemed to have accepted the right) to enforce
these Terms as related to your license of the App Store Sourced
Application against you as a third party beneficiary thereof.
Without
limiting any other terms of these Terms, you must comply with all
applicable third party terms of agreement when using the App Store Sourced
Application.
Reporting Misconduct
If you stay with or host anyone who you feel is acting or
has acted inappropriately, including but not limited to anyone who (i) engages
in offensive, violent or sexually inappropriate behavior, (ii) you suspect of
stealing from you, or (iii) engages in any other disturbing conduct, you should
immediately report such person to the appropriate authorities and then to RVnGO
by contacting us with your police station and report number; provided that your
report will not obligate us to take any action beyond that required by law (if
any) or cause us to incur any liability to you.
Entire Agreement
These Terms constitute the entire and exclusive
understanding and agreement between RVnGO and you regarding the Site,
Application, Services, Collective Content, and any bookings, purchase and sale,
or Listings of RVs made via the Site, Application and Services, and these Terms
supersede and replace any and all prior oral or written understandings or
agreements between RVnGO and you regarding bookings or listings of RVs, the
Site, Application, Services, and Collective Content.
Assignment
You may not assign or transfer these Terms, by operation of
law or otherwise, without RVnGO's prior written consent. Any attempt by you to
assign or transfer these Terms, without such consent, will be null and of no
effect. RVnGO may assign or transfer these Terms, at its sole discretion,
without restriction. Subject to the foregoing, these Terms will bind and inure
to the benefit of the parties, their successors and permitted assigns.
Notices
Any notices or other communications permitted or required
hereunder, including those regarding modifications to these Terms, will be in
writing and given by RVnGO (i) via email (in each case to the address that you
provide) or (ii) by posting to the Site or via the Application. For notices
made by e-mail, the date of receipt will be deemed the date on which such
notice is transmitted.
Controlling Law and Jurisdiction
These Terms and your use of the Services will be interpreted
in accordance with the laws of the State of Arizona and the United States of
America, without regard to its conflict-of-law provisions. You and we agree to
submit to the personal jurisdiction of a state court located in Maricopa
County, Arizona or a United States District Court of Arizona located in
Phoenix, Arizona for any actions for which the parties retain 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, as set forth in the Dispute
Resolution provision below.
Dispute Resolution
You and RVnGO agree that any dispute, claim or controversy
arising out of or relating to these Terms or the breach, termination,
enforcement, interpretation or validity thereof, or to the use of the Services
or use of the Site or Application (collectively, "Disputes")
will be settled by binding arbitration, 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. You acknowledge and agree that you and
RVnGO are each waiving the right to a trial by jury or to participate as a
plaintiff or class member in any purported class action or representative
proceeding. Further, unless both you and RVnGO otherwise agree in writing, the
arbitrator may not consolidate more than one person's claims, and may not
otherwise preside over any form of any class or representative proceeding. If
this specific paragraph is held unenforceable, then the entirety of this
"Dispute Resolution" section will be deemed void. Except as provided
in the preceding sentence, this "Dispute Resolution" section will
survive any termination of these Terms.
Arbitration Rules and Governing Law
The arbitration will be administered by the American
Arbitration Association ("
AAA") in accordance with the
Commercial Arbitration Rules and the Supplementary Procedures for Consumer
Related Disputes (the "
AAA Rules") then in effect, except as
modified by this "Dispute Resolution" section. (The AAA Rules are
available at
www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The
Federal Arbitration Act will govern the interpretation and enforcement of this
section.
Arbitration Process
A party who desires to initiate arbitration must provide the
other party with a written Demand for Arbitration as specified in the AAA
Rules. (The AAA provides a form Demand for Arbitration). The arbitrator will be
either a retired judge or an attorney licensed to practice law in the state of
Arizona and will be selected by the parties from the AAA's roster of consumer
dispute arbitrators. If the parties are unable to agree upon an arbitrator
within seven (7) days of delivery of the Demand for Arbitration, then the AAA
will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and RVnGO otherwise agree, the arbitration will
be conducted in Maricopa County, Arizona. If your claim does not exceed
$10,000, then the arbitration will be conducted solely on the basis of
documents you and RVnGO submit to the arbitrator, unless you request a hearing
or the arbitrator determines that a hearing is necessary. If your claim exceeds
$10,000, your right to a hearing will be determined by the AAA Rules. Subject
to the AAA Rules, the arbitrator will have the discretion to direct a reasonable
exchange of information by the parties, consistent with the expedited nature of
the arbitration.
Arbitrator's Decision
The arbitrator will render an award within the time frame
specified in the AAA Rules. The arbitrator's decision will include the
essential findings and conclusions upon which the arbitrator based the award.
Judgment on the arbitration award may be entered in any court having
jurisdiction thereof. The arbitrator's award damages must be consistent with
the terms of the "Limitation of Liability" section above as to the
types and the amounts of damages for which a party may be held liable. The arbitrator
may award declaratory or injunctive relief only in favor of the claimant and
only to the extent necessary to provide relief warranted by the claimant's
individual claim. If you prevail in arbitration you will be entitled to an
award of attorneys' fees and expenses, to the extent provided under applicable
law.
Fees
Your responsibility to pay any AAA filing, administrative
and arbitrator fees will be solely as set forth in the AAA Rules.
Changes
Notwithstanding the provisions of the
"Modification" section above, if RVnGO changes this "Dispute
Resolution" section after the date you first accepted these Terms (or
accepted any subsequent changes to these Terms), you may reject any such change
by sending us written notice (including by email) within 30 days of the date
such change became effective, as indicated in the "Last Updated Date"
above or in the date of RVnGO's email to you notifying you of such change. By
rejecting any change, you are agreeing that you will arbitrate any Dispute
between you and RVnGO in accordance with the provisions of this "Dispute
Resolution" section as of the date you first accepted these Terms (or
accepted any subsequent changes to these Terms).
Non-Waiver
The failure of RVnGO to enforce any right or provision of
these Terms will not constitute a waiver of future enforcement of that right or
provision. The waiver of any such right or provision will be effective only if
in writing and signed by a duly authorized representative of RVnGO. Except as
expressly set forth in these Terms, the exercise by either party of any of its
remedies under these Terms will be without prejudice to its other remedies
under these Terms or otherwise. If for any reason an arbitrator or a court of
competent jurisdiction finds any provision of these Terms invalid or
unenforceable, that provision will be enforced to the maximum extent
permissible and the other provisions of these Terms will remain in full force
and effect.
Third party beneficiary
These Terms do not and are not intended to confer any rights
or remedies upon any person other than the parties. Notwithstanding the
foregoing, the parties agree that the payment card networks are third party
beneficiaries of these Terms for purposes of enforcing provisions related to
payments, but that their consent or agreement is not necessary for any changes
or modifications to these Terms.
Contacting RVnGO
If you have any questions about these Terms or any App Store
Sourced Application, please contact RVnGO at:
support@RVnGO.com