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, 2018
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.
"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 trailers, toy haulers, 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.
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.
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.
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.
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.
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.
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 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".
"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.
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.
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.
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.
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.
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.
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.
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.
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.|
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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, through the "Contact" section of the Site and Application, or by other means of communication. 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.
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.
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.
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 OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS 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.
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.
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.
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.
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"):
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
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).
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.
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.
If you have any questions about these Terms or any App Store Sourced Application, please contact RVnGO at: terms@RVnGO.com