Terms of Service

Terms of service

Last revised: Jan 1,  2019

Thank you for your interest in Book it RV!

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, except where prohibited, an agreement to arbitrate on an individual basis (unless you opt out), and obligations to comply with applicable laws and regulations.

 

Security deposit policy

 

In some cases, we require a security deposit before you may drive the RV. The deposit amount is collected in full before the start of the trip. For instant book trips, this will be collected when you complete checkout. For other vehicles, it will be charged when the host approves the trip. If the deposit collection is unsuccessful, the trip will not be booked.

If a security deposit is required, you’ll be notified before you checkout.

This deposit will be refunded 80 hours after you return the car in the condition that you received it. It will also be refunded if the trip is cancelled by you or the host. Depending on your bank and the means of payment, it may take up to seven business days after we release the deposit for the funds to be available in your account. If a claim is reported during your trip, or if an incidental charge fails or is disputed by you, the return of the deposit will be handled by the RV Owner and this may take longer.

GENERAL TERMS

Eligibility. Our Services are intended solely for persons who are 21 or older. Any use of the Services by anyone under 21 is expressly prohibited.

Registration. To access certain features of the Services, you must sign up for an account with us (a “ Book it RV - Account”) by either providing us your email address and creating a password or connecting through an account with a third-party site or service (including Facebook and Google).

Verification. When you list or book a vehicle, you provide us with certain information about yourself to enable us to verify your identity in order to become an “Approved Driver”. You promise to provide complete and accurate information to  Book it RV - about yourself and your vehicle(s), if applicable. Where permitted,  Book it RV - has the right, but not the obligation, to undertake screenings, checks, and processes designed to help verify or check the identities and/or backgrounds of users and vehicles, including driving history and driver’s license validity. Book it RV does not endorse any vehicle, user, or a user’s background, or commit to undertake any specific screening process.  Book it RV - may in its sole discretion use third party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize  Book it RV - to request, receive, use, and store such information.  Book it RV - may accept or reject your application to become an Approved Driver in its sole and absolute discretion.  Book it RV - may, but does not commit to, undertake efforts to ensure the safety of vehicles shared through the Services. We do not make any representations about, confirm, or endorse the safety or roadworthiness of any vehicles beyond our policies that require vehicle owners to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, have a clean (non-salvaged/non-branded/non-washed/non-written off) title, not subject to any applicable safety recalls.

Consumer Report Authorization. When you apply to become an Approved Driver or at any time after where  Book it RV - reasonably believes there may be an increased level of risk associated with your Book it RVAccount, you provide  Book it RV - with written instructions and authorization in accordance with the Fair Credit Reporting Act, applicable consumer reporting laws, or any similar laws to obtain your personal and/or business auto insurance score, credit report and/or conduct a background check, including a criminal background check where permissible under applicable law.

Ongoing Information Updates. You promise to update the information you have provided to  Book it RV - in the event of any changes to your driving record, contact information, or background. Specifically with respect to your contact information,  Book it RV - may deliver notices to you at the most recent email, telephone, or address provided by you, and those notices will be considered valid even if you no longer maintain the email account, telephone number, or receive mail at that address unless you provide updated contact information to us. Also, you are, and will be solely responsible for, all of the activity that occurs through your  Book it RV - Account, so please keep your password and Book it RV Account information secure. 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 Book it RVAccount, whether or not you have authorized such activities or actions. You will immediately notify Book it RV of any actual or suspected unauthorized use of your Book it RV Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your Book it RVAccount after you have reported unauthorized access to us.

Your Commitments. You agree that you will always use your Book it RVAccount and the Services in compliance with these Terms, applicable law, and any other policies and standards provided to you by  Book it RV - . As a vehicle owner or host (“host”), you commit that you will provide a safe and legally registered and insured vehicle, with a clean (non-salvage/branded/written off) title, in good mechanical condition, on time to the traveler or guest who is an Approved Driver ( “guest”). As a guest, you commit that you’ll be a legally licensed driver and provide proof to the host of a current, valid driver’s license, who will treat the vehicle and any applicable Extras well and will take all reasonable measures to return the vehicle and any applicable Extras on time and in essentially the same condition as received. In connection with your use of or access to the Services you may not, and you agree that you will not, nor advocate, encourage, request, or assist any third party to:

Violate any law, including:

  • breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third party rights;
  • post false, inaccurate, misleading, defamatory, or libelous content;
  • infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to  Book it RV - , or that comes from the Services and belongs to another Book it RVuser or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of  Book it RV - ;

Dilute, tarnish, or otherwise harm the Book it RV brand in any way, including:

  • through unauthorized use of Book it RV and/or user content;
  • registering and/or using Book it RV or derivative terms in domain names, trade names, trademarks, or otherwise;
  • registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to Book it RV domains, trademarks, taglines, promotional campaigns, or Book it RV and/or user content.

Provide or submit any false information, including:

  • false name, date of birth, driver’s license, payment method, credit card, insurance, or other personal information;
  • a claim, or respond to a claim (for example about damage to a vehicle), with false or misleading information;
  • offer, as an owner, any vehicle or optional Extra that you do not yourself own or have authority to share;
  • offer, as an owner, any vehicle that may not be shared for compensation pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a lease or financing agreement;
  • offer, as an owner, any vehicle that has a salvaged, branded, written off, washed, or unclean title or that is not safe, legally registered, or not insured to be driven on public roads;
  • offer, as an owner, any Extra that is not safe, clean, and acceptable for the use it is intended;
  • book or drive any vehicle without a valid driver’s license;
  • any listing with false or misleading information, or any listing with a price that you do not intend to honor;
  • register for a Book it RVAccount on behalf of an individual other than yourself;
  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

Fail to honor your commitments, including:

  • fail to pay fees, penalties, or other amounts owed to Book it RVor another user;
  • fail, as either a guest or host, to timely deliver, make available, or return any vehicle and optional Extras, unless you have a valid reason as set out in Policies
  • use the Services to find a host or guest, and then complete a transaction partially or wholly independent of the Services, in order to circumvent the obligation to pay any fees related to  Book it RV - ’s provision of the Services or for any other reasons (aka, gray market transactions);
  • transfer your Book it RV Account and/or user ID to another party without our consent;
  • allow anyone other than an Approved Driver with whom you are traveling to drive the vehicle you have booked;
  • list or provide to a guest a vehicle that is subject to a safety recall without first properly addressing the matter subject to the recall;
  • leave a vehicle unlocked or running or unattended with the keys inside, except where instructed to do so directly by Book it RV in certain limited circumstances.

Harm or threaten to harm users of our community, including:

  • “stalk” or harass any other Book it RV user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Book it RV owner or guest in accordance with these Terms;
  • engage in physically or verbally abusive or threatening conduct;
  • use our Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, or credit, debit, calling card, or account numbers;
  • treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they’re from, or when they were born. Discrimination of any kind is not tolerated in the Book it RV community;

Use the Services for your own unrelated purposes, including to:

  • contact a host for any purpose other than in relation to a booking or said host’s vehicle(s) or listing(s);
  • contact a guest for any purpose other than in relation to a booking or such guest’s use of the Services;
  • commercialize any content found on Book it RV or software associated with our Services, including reviews;
  • harvest or otherwise collect information about users without their and our consent;
  • recruit or otherwise solicit any user to join third party services or websites that are competitive to  Book it RV - , without  Book it RV - ’s prior written approval;

Interfere with the operation of the Services, including by:

  • interfering with any other user’s listings;
  • entering into a Book it RV transaction with a member of your family, household, friend, colleague, or acquaintance;
  • distributing or posting spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of our Services, or harm Book it RV or the interests or property of others;
  • bypassing robot exclusion headers, interfering with the working of the Services, or imposing an unreasonable or disproportionately large load on our infrastructure;
  • systematically retrieving data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise;
  • using display mirroring or framing the Services or any individual element within the Services,  Book it RV - ’s name, any Book it RV trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without  Book it RV - ’s express written consent;
  • accessing, tampering with, or using non-public areas of the Services,  Book it RV - ’s computer systems, or the technical delivery systems of  Book it RV - ’s providers;
  • attempting to probe, scan, or test the vulnerability of any of  Book it RV - ’s system or network or breach any security or authentication measures;
  • avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by Book it RV or any of  Book it RV - ’s providers or any other third party (including another user) to protect the Services;
  • forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;
  • attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services; or
  • endeavoring to circumvent a suspension, termination, or closure of your Book it RVAccount, including, but not limited to, creating a new Book it RVAccount to circumvent an account suspension or closure or giving vehicles registered to you or a member of your household to other Book it RV users to list.

Violations. Book it RV has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of the Agreement to the fullest extent permissible by the law. Book it RV may access, preserve, and disclose any of your information if we are permitted or required to do so by law; if we believe in good faith that it is reasonably necessary to respond to claims asserted against Book it RV or to comply with permissible legal process (for example, subpoenas or warrants); to enforce or administer these Terms; to do so for fraud prevention, risk assessment, investigation, customer support, product development, and debugging purposes; and/or to protect the rights, property, or safety of  Book it RV - , its employees, its users, or members of the public.

Book it RV reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that  Book it RV - , at its sole discretion, considers to be objectionable for any reason, in violation of this Agreement, or otherwise harmful to the Services or our community. If we believe you are abusing  Book it RV - , our users, or employees in any way or violating the letter or spirit of any of this Agreement, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your Book it RVAccount(s) and access to our Services, remove hosted content, deny a claim for coverage, remove and demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion to the full extent permitted under applicable law.

Policy Enforcement. When an issue arises, we may consider the user’s performance history and the specific circumstances in applying our Policy We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole and absolute discretion.

Fees; Collection of Fees. The fees we charge for using our Services and other cost structures can be found on our Policy PagesWhen you provide Book it RVa payment method, you authorize  Book it RV - , or third-party service providers acting on  Book it RV - ’s behalf, to store your payment credential for future use in the event you owe Book it RV any money. You authorize Book it RV to use stored payment credentials for balances, including for (e.g., late fees, security deposits, processing fees and claims costs and related administrative fees). Book it RVand its partners will employ all legal methods available to collect the amounts, including the engagements of collection agencies or legal counsel.  In addition to the amount due, delinquent accounts and/or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts and/or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts may be made by e-mail or phone, as provided to Book it RV by you. Such communication may be made by Book it RV or by anyone on its behalf, including but not limited to a third-party collection agent. If you wish to dispute the information Book it RVreported to a credit bureau (i.e., Experian, Equifax, or TransUnion) please contact info@bookitrv.com If you wish to dispute the information a collection agency reported to a credit bureau regarding your Book it RVAccount, you must contact the collection agency directly. Any use of referral travel credit is governed by the terms and conditions outlined in this policy

Communications with You. In order to contact you more efficiently, you agree that we may at times contact you using autodialed or prerecorded message calls or text messages at your telephone number(s). We may place such calls or texts primarily to confirm your signup; provide notices regarding your Book it RVAccount or Book it RVAccount activity; investigate or prevent fraud; collect a debt owed to us; or communicate urgent messages. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests. We will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text and data charges may apply Where Book it RV is required to obtain your consent for such communications, you may choose to revoke your consent.

You authorize Book it RV and its partners, without further notice or warning and in our discretion, to monitor or record telephone conversations you or anyone acting on your behalf has with Book it RVor its agents for quality control and training purposes. You acknowledge and understand that your communications with Book it RVmay be overheard, monitored, or recorded without further notice or warning. If you do not wish to have your call recorded, please contact us instead in writing through info@bookitrv.com

 

LEGAL DISPUTES FOR OWNERS AND GUESTS RESIDING ANYWHERE OTHER THAN CANADA

PLEASE READ THIS SECTION RVEFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND Book it RVHAVE AGAINST EACH OTHER ARE RESOLVED.

Subject to applicable law, the Parties agree that any claim or dispute at law or equity between us relating in any way to or arising out of this or previous versions of these Terms, your use of or access to the Services or any breach, enforcement, or termination of the Agreement will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

Applicable Law. Except as otherwise stated in the Agreement, the Agreement and your use of the Services will be interpreted in accordance with the laws of the State of Florida and the United States of America, without regard to its conflict-of-law provisions.

Agreement to Arbitrate. The Parties each agree that any and all disputes or claims that have arisen or may arise between you and Book it RV(including its respective subsidiaries, employees, officers, directors, agents, third party insurance brokers or products, and third party claims administrators) relating in any way to or arising out of the Agreement, your use of, or access to the Services, or any services sold, offered, or purchased through the Services (such as listing or sharing a vehicle) or any breach, enforcement, or termination of the Agreement shall be resolved exclusively through final and binding arbitration, rather than in court, except that each Party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a Party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the “Agreement to Arbitrate”). The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

Prohibition of Class and Representative Actions and Non-Individualized Relief. THE PARTIES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

Arbitration Procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of the Agreement to Arbitrate, or the interpretation of the section “Prohibition of Class and Representative Actions and Non-Individualized Relief”, shall be for a court of competent jurisdiction to decide.

Where the relief sought is $25,000 or less, the arbitration will be conducted by FairClaims in accordance with its Arbitration Rules & Procedures effective at the time a claim is made. Where the relief sought is $25,001 or more, the arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate.

A Party who intends to seek arbitration must first send to the other, by email, a notice of dispute (“Notice”). The Notice to Book it RVshould be sent via email to info@bookitrv.comPlease provide your name, telephone number, email, mailing address, and briefly describe both the nature of your dispute and the relief you would like from  Book it RV - .

If the Parties are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, either Party may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the FairClaims website or the AAA’s site. (The AAA provides a Demand for Arbitration form.) Any settlement offer made by you or Book it RVshall not be disclosed to the arbitrator.

Any FairClaims arbitration hearing shall be held via written submission, or where requested, videoconference. Any AAA arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. Either Party may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on the Parties subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Book it RVmay attend by telephone.

The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same Book it RV user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

The Parties agree that all communications and evidence related to the dispute will remain confidential, and neither party shall take any action that will harm the reputation of any of the other, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the Parties or entities.

Costs of Arbitration. Book it RV will not cover the cost of any FairClaims arbitration fees for you. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in the Agreement to Arbitrate.

Severability. With the exception of the provisions in the section “Prohibition of Class and Representative Actions and Non-Individualized Relief,” if an arbitrator or court decides that any part of the Agreement to Arbitrate is invalid or unenforceable, the other parts of the Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in the section “Prohibition of Class and Representative Actions and Non-Individualized Relief” is invalid or unenforceable, then the entirety of the Agreement to Arbitrate shall be null and void. The remainder of the Agreement, these Terms, and its Legal Disputes Section will continue to apply.

Opt-Out Procedure. IF YOU ARE A NEW Book it RVUSER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION BY EMAILING US AN OPT-OUT NOTICE TO legal@bookitrv.com EMAIL ADDRESS ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME. In order to opt-out, you must email your name, address (including street address, city, state, and zip/postal code), and email address(es) associated with your Book it RVAccount(s) to which the opt-out applies and to legal@bookitrv.comThis procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Agreement, these Terms, and its Legal Disputes Section will continue to apply to you.

Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, the Parties agree that if we make any amendment to the Agreement to Arbitrate in the future, that amendment shall not apply to any claim that was filed against Book it RVprior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between the Parties. If you do not agree to these amended terms, you may close your account within the 30 days of our posting or notification and you will not be bound by the amended terms, but will arbitrate any dispute in accordance with the provisions of the Agreement to Arbitrate as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms). Once you have submitted a valid Opt-Out Notice to  Book it RV - , you do NOT need to submit another one when these Terms are subsequently updated. Your first Opt-Out Notice will serve as a valid as to future versions of these Terms.

Judicial Forum for Legal Disputes. Unless the Parties agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate, as a result of a decision by the arbitrator or a court order, or the parties have reserved their rights to pursue legal action in a court of law for actual or threatened intellectual property infringement pursuant to these Terms, you agree that any claim or dispute that has arisen or may arise between the Parties must be resolved exclusively by a state, federal, or small claims court located in Phoenix, Arizona. The Parties agree to submit to the personal jurisdiction of a state court located in Maricopa County, Phoenix, Arizona or a United States District Court for the District of Arizona located in Phoenix, Arizona.

LEGAL DISPUTES FOR OWNERS AND GUESTS RESIDING IN CANADA

PLEASE READ THIS SECTION RVEFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS THE PARTIES HAVE AGAINST EACH OTHER ARE RESOLVED

Resolution of disputes. If a dispute arises between the Parties, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, the Parties agree that we will resolve any claim or controversy at law or equity that arises out of the Agreement or our Services in accordance with one of the subsections below or as the Parties otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

 

 

OTHER LEGAL MATTERS

Book it RV Photography. Book it RV may offer hosts the option of having photographers take photos of their RV and/or hosts with their vehicles (“Images”). You alone are responsible for using the Images in connection with your Book it RVlisting and you warrant that you will cease using the Images if they no longer accurately represent your vehicle. You agree that Book it RVis the sole and exclusive owner - or exclusive licensee, as allowed by applicable law - of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity rights, worldwide, in the Images regardless of whether you include them in your listing, and you shall take no action to challenge or object to the validity of such rights or  Book it RV - ’s ownership or registration thereof. You acknowledge that Book it RVmay use the 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. Further, you waive any and all rights to royalties or moral rights you may have in the Images. If you use the Book it RVphotography program, you agree that you will not use the Images in connection with sharing your vehicle on any platform, website, or application other than  Book it RV - . At  Book it RV - ’s request, you will execute documents and take such further acts as Book it RVmay reasonably request to assist Book it RVto acquire, perfect, and maintain its intellectual property rights and other legal protection in the Images.

You understand that if Book it RVuses the term “Verified Images” the term is intended only to indicate a photographic representation of the vehicle at the time the photograph was taken. Verified Images are therefore not an endorsement by Book it RVof any user or any vehicle.

Book it RVContent and User Content License. Subject to your compliance with the provisions of these Terms, Book it RVgrants you a limited, revocable, non-exclusive, non-transferable license, to access and view any Book it RVand/or user 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. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Book it RVor its licensors, except for the licenses and rights expressly granted in these Terms.

User Content. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through our Services such as photographs of you and your vehicle(s), reviews, feedback, and descriptions of you, your vehicle or trip. By making available any content on or through the Services, or through Book it RVpromotional campaigns, you grant Book it RVa 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, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of, or to promote or market the Services. Except as described above with respect to Images, Book it cardoes not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.

Promotions. Learn more about our current promotions here.  You must be a user in good standing (e.g., not suspended) and comply with these Terms and the promotion rules to qualify for any promotional compensation. Users who attempt to abuse our promotions are subject to cancellation/reversal of the promotion amounts and suspension from the Book it RVcommunity. Guests and hosts cannot cancel existing reservations to qualify for new promotions. Hosts cannot allow acquaintances, friends, or family to book their vehicle in order to qualify for promotions.

Copyright Protection. We respond to notices of alleged copyright infringement and terminate Book it RVAccounts of repeat infringers according to the process set out in the US Digital Millennium Copyright Act and similar laws. If you think a user is violating your copyright(s) and want to notify us, you can find information about submitting notices here.

Terms for Protection Plans. Book it RVis not an insurance company and does not insure hosts or guests. In the United States (excluding the state of New York where the Services are not available), Book it RVmakes protections plans available to hosts and guests (except in the case of Commercial Hosts) with respect to the vehicle shared. Any insurance that is included in a protection plan is provided through Book it RVInsurance Agency, an Arizona insurance producer. In the United Kingdom, Germany, and the provinces of Alberta, Ontario and Quebec,  Book it RV - , or third parties acting for the mutual benefit of  Book it RV - , make protection plans available to hosts and guests (except in the case of Commercial Hosts) with respect to the vehicle shared. In addition to the terms set forth in the sections “Your Financial Responsibility is Primary” and “Other Insurance and Legal Matters”, protection plan details and other specifics can be found in the policies

Termination. You may discontinue your use of the Services at any time and Book it RVmay terminate your access to the Services and remove any listings for any reason or no reason to the extent permissible under applicable law. Termination of access to the Services will not release a Party from any obligations You incurred prior to the termination and Book it RVmay retain and continue to use any information, including but not limited to photography, previously provided by you. Termination of the Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under the Agreement and/or any fees due, and all of those terms will survive any termination of the Agreement.

No Vehicle Transfer or Assignment. Except as otherwise provided herein, guests and hosts agree that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in a vehicle or optional Extras shared through the Book it RVServices.

Disclaimers. Book it RVPROVIDES SERVICES THAT ENABLE THE SHARING OF VEHICLES AND OPTIONAL EXTRAS BETWEEN HOSTS AND GUESTS. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, Book it cardOES NOT ITSELF PROVIDE VEHICLE SHARING OR RENTAL SERVICES AND/OR INSURANCE SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES, THE MANUFACTURER OF THE VEHICLE OR ANY OPTIONAL EXTRAS, OR ANY THIRD PARTY PROVIDER OF SERVICES (E.G. IN-VEHICLE GPS OR OTHER SYSTEMS). THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, Book it RVEXPLICITLY 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. Book it RVmakes no warranty that the Services, including, but not limited to, the listing and/or any vehicle or optional Extra, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Book it RVmakes no warranty regarding the quality of any listings, vehicles, hosts, guests, Extras, the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services. No advice or information, whether oral or written, obtained from  Book it RV - , Book it RVInsurance Agency, or its service providers or through the Services or content, will create any warranty not expressly made herein.

Limitation of Liability and Waiver. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST Book it RVAND ITS RESPECTIVE SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS (INCLUDING THIRD PARTY ADMINISTRATORS, INSURANCE PRODUCERS, AND INSURANCE PROVIDERS), OR EMPLOYEES (TOGETHER, THE “Book it RVPARTIES”) AND ANY Book it RVUSER (EXCEPT AS DETAILED BELOW FOR TRANSACTIONS WHERE THE HOST PROVIDES THEIR OWN COMMERCIAL/RENTAL PROTECTION PLAN OR WITH RESPECT TO OPTIONAL EXTRAS) FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES INCLUDING, WITHOUT LIMITATION, A VEHICLE NOT BEING AVAILABLE WHEN IT WAS SUPPOSED TO BE, ANY MALFUNCTION OF OR DEFICIENCY IN A VEHICLE, ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY, ANY PERSONAL INJURY OR PROPERTY DAMAGE SUFFERED BY YOU OR ANY OF YOUR PASSENGERS (EXCEPT IF DAMAGE ARISES FROM AN EXTRA) AND, IN THE CASE OF THE Book it RVPARTIES, ANY ACTIONS OR INACTION OF THE HOST. NEITHER Book it RVNOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING SERVICES 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, FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY VEHICLE OR OPTIONAL EXTRA VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY. Except for our obligations to pay amounts to applicable hosts or guests pursuant to these Terms, including an approved payment request  THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Book it RVAND 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 WAIVE CALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR LAW, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST ANY Book it RVUSER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES UNLESS (1) YOU ARE A HOST WHO HAS DECLINED A PROTECTION PLAN VIA THE SERVICES AND ARE MAKING A CLAIM AGAINST A GUEST WHO BOOKED A VEHICLE FOR WHICH YOU OPTED TO PROVIDE YOUR OWN COMMERCIAL/RENTAL INSURANCE OR COVERAGE TO THE GUEST; (2) YOU ARE A GUEST WHO BOOKED A VEHICLE FROM A HOST WHO OPTED TO DECLINE A PROTECTION PLAN VIA THE SERVICES AND SUCH HOST OPTED TO PROVIDE INSURANCE OR PROTECTION DIRECTLY TO YOU AND YOU ARE MAKING A CLAIM AGAINST THAT COMPANY/HOST; OR (3) YOUR CLAIM RELATES TO AN OPTIONAL EXTRA PURCHASED USING THE SERVICES.

Indemnification. To the extent permitted by applicable law, you agree to release, defend, indemnify, and hold Book it RVand its subsidiaries, 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 your access to or use of the Services or your violation of these Terms; your user content; your interaction with any user, booking of a vehicle, or creation of a listing for a vehicle; or the use, condition, or trip, 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 booking, sharing, or use of a vehicle or optional Extra.

Liquidated Damages/Contract Penalty. You acknowledge that the actual damages likely to result from you (i) engaging in gray market transactions (i.e., using Book it RVto find a guest or vehicle, and then completing a reservation or related transaction partially or wholly independent of  Book it RV - , in order to circumvent the obligation to pay any Book it RVFees) or (ii) registering domains, social media handles, bidding on key words, or otherwise using the Book it cardomains, trademarks, or taglines are difficult to estimate and would be difficult for Book it RVto prove. You will pay Book it RV$5,500 in Liquidated Damages to compensate Book it RVfor any such conduct. This amount is not intended as a punishment for any such breach. In Germany, if you are a consumer, you have a right to prove that actual damages were lower.

Book it RVis not a rental RV company. It does not own a fleet of vehicles, and is not, in the business of renting vehicles to the public. Book it RVprovides an online platform where vehicle owners and those in need of a vehicle can meet and share vehicles amongst themselves subject to these Terms.

Rounding Off. Book it RVmay, in its sole discretion, round up or down amounts that are payable from or to hosts or guests to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro, pound, or other supported currency) where permissible under applicable law.

No Agency. Book it cardoes not appoint you or any other user as its employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of Book it RVand Book it RVwill not make commitments on your behalf, except as contemplated by the Services or expressly stated in the Agreement.

General. The Agreement states the entire understanding between you and Book it RVconcerning your access to and use of the Services and supersedes any earlier verbal or written communications between us. With the exception of appointing a custodian to manage your vehicles on your behalf, you may not delegate your legal obligations or transfer any of your rights, in whole or in part, to any third party without advance written consent of  Book it RV - . You will remain responsible for your obligations hereunder in any event. If any provision of the Agreement is construed to be unenforceable, the remaining provisions will not be affected and will continue in full force and effect. A Book it cardirector or Officer must agree to any modification or waiver of any term of the Agreement in writing.  Book it RV - ’s failure to exercise any right under the Agreement will not constitute a waiver of any other right Book it RVmay have. There is personal vehicle sharing legislation that may apply to you; more information is available in our FAQs

Headings are for reference purposes only and do not limit the scope or extent of such section. Except as otherwise provided in the Agreement, if any provision of these Terms are held to be invalid, void, or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

Book it RVcan be contacted at the these info@bookitrv.com If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone

Translations. Where Book it RVhas provided you with a translation of the English language version of these Terms or any Policies, in case of any wording discrepancies between the English and any other versions of the Terms and any Policies, the English language wording takes precedence.

SPECIFIC TERMS FOR GUESTS

The following Sections also apply if you book a vehicle using the Services:

Fees. You are responsible for paying all fees when they come due. You will be responsible for all of the costs relating to any citations and fines (e.g. tolls, parking tickets, towing fines) incurred during the reservation period. Learn more about the various fees you may incure.  Your Financial Responsibility Is Primary. With regard to damage, losses, or other liabilities, you acknowledge that, where permissible under applicable law, you are primarily liable for your liabilities under the Agreement, though you may fund that primary liability via any personal insurance you have available to you (e.g., applicable personal auto insurance or insurance from credit cards, etc.) as the primary source of funds. Any protection plan you select when booking a vehicle, to the extent offered, will not be available to you until your personal insurance has been exhausted. In addition, the protection plan you select when booking a vehicle, if any, may not be available to you in the event you breach your obligations under these Terms or our policies. Subject to the coverage and protection available to you, you acknowledge that you are fully responsible for any damage, losses, or other liabilities relating to your activities through the Services. You agree that in the event damage is reported, Book it RVmay immediately charge you up to the amount stipulated in the protection plan you selected when you booked the vehicle. Nothing in these Terms is intended to limit your responsibilities or  Book it RV - ’s legal rights in connection with your use of the Services. You acknowledge that Book it RVmay require and hold a deposit as part of the reservation of a vehicle. Notwithstanding the above, if you book a vehicle registered in Maryland, the third-party liability coverage offered as part of a protection plan made available via the Services is primary, unless the vehicle booked is considered a “replacement vehicle” under your RV insurance policy, in which case the coverage may be secondary. A “replacement vehicle” is typically defined as a vehicle that is being booked while your own vehicle is not in use because of a “loss” or because of breakdown, repair, service, or damage.  Consult the language of your policy or speak to your insurance agent to determine whether a vehicle booked using the Services is considered a “replacement vehicle” under your policy. Book it RVInsurance Agency does not provide information or advice about whether a booked vehicle qualifies as a “replacement vehicle”.

In addition to the ”Terms for Protection Plans” section above you understand and agree:

Most hosts offering vehicles for sharing on the Services cannot offer commercial liability insurance to you. In the United States, any insurance included in a protection plan is provided through the host.  Book it cardoes not make protection plans available via the Services in the United States, the United Kingdom, Germany, or the Canadian provinces of Alberta, Ontario and Quebec. Where a host can offer guests at least legally required minimum insurance (e.g. liability and/or physical damage) through their own commercial or rental policy, the owner may choose to decline insurance via the Services and provide its own coverage directly to you as the guest. You can determine directly in the vehicle listing whether the vehicle is offered with a protection plan or insurance made available by the host directly.

Commercial Hosts. Where a Commercial Host represents that it will provide its own insurance, collision damage waiver, or protection plan to its guests, no third-party liability insurance, physical damage protection, and/or roadside assistance is made available via the hosts - , Host insurance and/or third party insurance partners or third party broker/producer. The Commercial Host will bill you directly for any applicable protection plan after booking, not through the Services. In these circumstances, the vehicle owner may require you to sign additional paperwork, provide a deposit, or pay additional fees, costs, or taxes after booking, for instance when picking up the vehicle. . By booking a vehicle where the Commercial Host is providing protection, you agree that the vehicle owner may impose additional terms and fees after booking.

Where the host has not opted to provide its own insurance and protection to you, you understand and agree that Book it RVInsurance Agency (in the United States),  Book it RV - , or third party insurance companies or producers, acting for the benefit of Book it RV and/or the owner will arrange for or provide primary liability insurance for the host and that you, as the guest, will not look to the host or the host’s insurance policy for coverage, in accordance with our policies and all applicable vehicle sharing statutes. You are fully responsible for paying any damage to the vehicle, subject to the protection plan you selected, as well as deductibles, contribution, fees, expenses, liens, or fines arising out of your use of a vehicle booked through  Book it RV - . If Book it RV advances any payment on your behalf, you will continue to be responsible for such amounts and will adhere to  Book it RV - ’s schedule for repayment of those amounts to  Book it RV - .

Use of the Vehicle. When you book a vehicle from a host through  Book it RV - , you must use the vehicle only for your personal use and not for any commercial purposes (e.g. driving other passengers for a fee such as through Uber or Lyft) unless you have express written permission from  Book it RV - ’s Legal Department in advance. You may not access a vehicle until the beginning of your reservation period and you must return the vehicle on time and in the correct location. You must present the host with a current, valid driver’s license. You must exercise reasonable RVe in your use of the vehicle. You are required at all times to operate the vehicle safely, and in compliance with all applicable laws, including without limitation, speed limits and prohibitions on impaired or distracted driving. In the event Book it RVhas any concern about your use of a vehicle, Book it RVmay terminate your reservation in its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the host. You are required to wear seat belts during the operation of the vehicle and to require that all of your passengers wear seat belts. You are also required to meet any laws or regulations concerning child safety seats and other protections for children. You must not leave the RV unlocked or with the keys unsecure (such as in the ignition).  If you have any concerns about your planned use, please contact info@bookitrv.comYou will be fully financially responsible for any claims, loss, or damage related to your misuse of a vehicle, and your protection plan may be voided. Guests also acknowledge that using a vehicle in a prohibited manner or otherwise breaching the Agreement may lower available liability coverage to legal minimum limits, or nullify coverage, and may furthermore nullify any comprehensive or collision protection and/or protection plan where allowed by applicable law.

Condition of the Vehicle and Optional Extras. You understand that third parties own the vehicles and Extras offered through the Services. Each owner is responsible for complying with all legal requirements (including ensuring the vehicle is registered and insured) and maintaining their vehicle(s) in safe and roadworthy condition. Please complete a visual inspection before you begin your use of the vehicle. If you find damage in your initial inspection, you should upload photos of such pre-existing damage at the start of your reservation here to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it,  Book it RV - , third party administrators, or insurance partners, may assume that the damage occurred during your reservation period. If, after your initial inspection, you believe that the vehicle is not safe to drive, please do not use the vehicle; in that event, please contact the Book it RVteam

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