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RV VACATION RENTALS, INC
MOTORHOME RENTAL AGREEMENT TERMS AND CONDITIONS

1. Definitions. "Agreement" means all terms and conditions found in this form, any addenda and any additional materials we provide at the time of rental. "You" or "your" means the person identified as the renter on this form, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or the renter's direction. All persons referred to as "you" or "your" are jointly and severally bound by this Agreement. "We", "our" or "us" means the rental company named on this form. "Authorized Driver" means you and any additional driver listed by us on this Agreement provided that each such person has a valid driver's license and is at least 25 years of age. Only Authorized Drivers are permitted to drive the Vehicle. "Vehicle" means the recreational vehicle, motor home, truck camper or other motorized vehicle identified in this Agreement and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, appliances, keys and vehicle documents. "Loss of Use" means the loss of our ability to use the Vehicle for any purpose due to damage to it or loss of it during this rental, including uses other than for rental, such as display for rent, display for sale, opportunity to upgrade, opportunity to sell, or transportation of employees. Damages for Loss of Use are often difficult to determine with precision. Therefore, you and we agree that Loss of Use will be calculated by multiplying the number of days from the date the Vehicle is damaged until it is replaced or repaired, times 80% of the daily rental rate, which you and we agree represents a reasonable estimate of actual damages and not a penalty. “Diminished Value” means the difference between the value of the Vehicle just prior to damage or loss and the value of the Vehicle after repair or replacement. “Vehicle License Fee” means our estimate of the average per day per vehicle portion of our total annual vehicle licensing, titling, and registration costs.

2. Rental, Indemnity and Warranties. This is a contract for the rental of the Vehicle. We may repossess the Vehicle at your expense without notice to you, if the Vehicle is abandoned or used in violation of law or this Agreement. You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental and your use of the Vehicle or our repossession of it. We make no warranties, express, implied or apparent, regarding the Vehicle, no warranty of merchantability and no warranty that the Vehicle is fit for a particular purpose.

3. Condition and Return of Vehicle. You must return the Vehicle to our rental office or other location we specify, on the date and time specified in this Agreement, and in the same condition that you received it, except for ordinary wear. If the Vehicle is returned after closing hours, you remain responsible for its safety and any damage to it until we inspect it upon our next opening for business. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. You must check and maintain all fluid levels, and return the Vehicle with the same amount of fuel as when rented.

4. Responsibility for Damage or Loss; Reporting to Police; Responsibility for Toll and Parking Violations. You are responsible for all damage to, and for loss or theft of, the Vehicle including damage caused by weather, road conditions and acts of nature, even if you are not at fault. You are responsible for the cost of repair, or the actual cash retail value of the Vehicle on the date of the loss if the Vehicle is not repairable or if we elect not to repair the Vehicle. You are also responsible for Loss of Use, Diminished Value, and our administrative expenses incurred processing a claim. Your responsibility for damage to the Vehicle may be covered by insurance you provide or insurance you purchase from MBA Insurance. You must report all accidents and incidents of theft and vandalism to us and the police as soon as you discover them. You are responsible for paying the charging authorities directly all parking citations, toll violations, fines for toll evasion, other fines and penalties assessed against us or the Vehicle during this rental. If you fail to pay and we pay the charges on your behalf, you will reimburse us for all such costs and, in addition, pay us a processing fee of $50 for each such violation, fine or charge.

5. Prohibited Uses. The following uses of the Vehicle are prohibited and are breaches of this Agreement. The Vehicle shall not be used: (a) by anyone who is not an Authorized Driver, or by anyone whose driving license is suspended in any jurisdiction; (b) by anyone under the influence of any drug or alcohol; (c) by anyone who obtained the Vehicle or extended the rental period by giving us false, fraudulent or misleading information, or who withheld information that would have caused us not to rent the Vehicle; (d) in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law other than a minor traffic violation; (e) to carry persons or property for hire; (f) to push or tow anything, to teach anyone to drive, or to carry objects on the roof of the Vehicle; (g) in any race, speed test or contest; (h) to carry dangerous or hazardous items or illegal materiel; (i) outside the United States, Canada or the geographic area indicated elsewhere in this Agreement; (j) when loaded beyond its capacity as determined by the manufacturer of the Vehicle; (k) on
unpaved surfaces, except at licensed public campgrounds; (l) to transport more persons than the Vehicle has seat belts, or to carry persons outside the passenger compartment; (m) to transport children without approved child safety seats as required by law; (n) when the odometer has been tampered with or disconnected; (o) when the Vehicle's fluid levels are low, or it is otherwise reasonable to expect you to know that further operation would damage the Vehicle; (p) in a manner that causes damage to the Vehicle due to inadequately secured cargo; (q) after an accident with the Vehicle unless and until you summon the police to the accident scene; (r) to transport an animal. Sitting, standing or lying on the roof of the Vehicle is prohibited.

6. Insurance. You are primarily responsible for all damage or loss you cause to others or their property. You have either provided us with an insurance binder indicating that you have primary motor vehicle liability, collision and comprehensive insurance covering you, us, and the Vehicle, or you have elected to purchase liability, collision and comprehensive insurance from MBA Insurance. If the bound coverage is not primary, you will be personally liable for all damage you cause to others or their property. If you elect to purchase coverage from MBA Insurance, the terms of that coverage are provided to you directly from MBA Insurance.

7. Charges and Costs. You will pay us at or before the conclusion of this rental, or on demand, all charges due us under this Agreement, including the charges and fees shown on the Face Page, and: (a) a mileage charge based on our experience if the odometer is tampered with; (b) all expenses we incur locating and recovering the Vehicle if you fail to return it or if we elect to repossess the Vehicle under the terms of this Agreement; (c) all costs including pre- and post-judgment attorney fees we incur collecting payment from you or otherwise enforcing or defending our rights under this Agreement; (d) a 2% per month late payment fee or the maximum amount allowed by law on all amounts past due; (e) $50 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; (f) a reasonable fee not to exceed $350 to clean the Vehicle if returned substantially less clean than when rented; and, (g) towing, storage charges, forfeitures, court costs, penalties and all other costs we incur resulting from your use of the Vehicle during this rental.

8. Deposit. We may use your deposit to pay any amounts owed to us under this Agreement.

9. Your Property. You release us, our agents and employees from all claims for loss of, or damage to, your personal property or that of any other person, that we received, handled or stored, or that was left or carried in or on the Vehicle or in any service vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.

10. Modifications. No term of this Agreement can be waived or modified except by a writing that we have signed. If you wish to extend the rental period, you must return the Vehicle to our rental office for inspection and written amendment by us of the due-in date. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are merged into this Agreement.

11. Waiver. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.

12. Our Responsibility to You if the Vehicle becomes Inoperable. If the Vehicle becomes inoperable for more than 24 hours, our liability to you is limited to the daily rental rate times the number of days the Vehicle is inoperable.



TOWABLE RENTAL AGREEMENT TERMS AND CONDITIONS

1. Definitions. "Agreement" means all terms and conditions found in this form, and all additional materials we provide at the time of rental. "You" or "your" means the person identified as the renter on this form, each person signing this Agreement, each Authorized Driver and each person or organization to whom charges are billed by us at its or the renter's direction. All persons referred to as "you" or "your" are jointly and severally bound by this Agreement. "We", "our" or "us" means the recreational vehicle dealer names elsewhere in this Agreement "Authorized Driver" means the renter and each driver permit to drive the towing vehicle with the Vehicle in tow. Every Authorized Driver must have a valid driver’s license and be at least age 25. "Vehicle" means the non-motorized towed recreational vehicle identified in this Agreement and each vehicle we substitute for it, all the Vehicle’s equipment, awnings, keys and Vehicle documents. "Loss of Use" means the loss of our ability to use the Vehicle for any purpose due to damage to it or loss of it during this rental, including uses other than for rental, such as display for rent, display for sale, opportunity to upgrade, or opportunity to sell the Vehicle. Damages for Loss of Use are often difficult to determine with precision. Therefore, you and we agree that Loss of Use will be calculated by multiplying the number of days from the date the Vehicle is damaged until it is replaced or repaired, times 80% of the daily rental rate, which you and we agree represents a reasonable estimate of actual damages and not a penalty. “Diminished Value” means the actual cash value of the Vehicle just prior to damage or loss less the value of the Vehicle after repair or replacement.

2. Rental, Indemnity and Warranties. This is a contract for rental of the Vehicle. We may repossess the Vehicle at your expense without notice to you, if the Vehicle is abandoned or used in violation of law or this Agreement. You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental and your use of the Vehicle. We make no warranties, express, implied or apparent, regarding the Vehicle, no warranty of merchantability and no warranty that the Vehicle is fit for a particular purpose.

3. Condition and Return of Vehicle. You must return the Vehicle to our rental office or other location we specify, on the date and time specified in this Agreement, and in the same condition that you received it except for ordinary wear. You must empty waste tanks. If the Vehicle is returned after closing hours, you remain responsible for all damage to it until we inspect it upon our next opening for business. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval.

4. Responsibility for Damage or Loss; Reporting to Police. You are responsible all damage to, or loss or theft of, the Vehicle, whether or not you are at fault. Your responsibility includes the cost of repair or the actual retail cash value of the Vehicle if it is not repairable or if we elect not to repair it. You will pay us for Loss of Use, Diminished Value and a reasonable charge to cover our administrative expenses connected with a damage claim. You must report all accidents involving the Vehicle to us and the police within 24 hours of occurrence.

5. Prohibited Uses. The following acts or uses of the Vehicle are prohibited: a) towing the Vehicle: (i) by anyone who is not an Authorized Driver, or by anyone whose driving license is suspended in any jurisdiction; (ii) by anyone under the influence of drugs or alcohol; (iii) by anyone who obtained the Vehicle or extended the rental period by giving us false, fraudulent or misleading information; (iv) in furtherance of an illegal purpose or under circumstance that would constitute a violation of law other than a minor traffic citation; (v) to carry persons or property for hire; (vi) to carry dangerous or hazardous items or illegal materiel; (vii) outside the United States; (viii) when loaded beyond its capacity, as determined by the manufacturer of the Vehicle; (ix) when driven through or under an underpass or other structure without sufficient overhead or side clearance; (x) when it is reasonable to expect you to know that further operation would damage the Vehicle; (xi) in a manner that causes damage to the Vehicle due to inadequately secured cargo; (xii) with your vehicle when your vehicle has insufficient towing capacity as determined by the manufacturer of your vehicle; or, (b) failing to summon the police to an accident involving the Vehicle; (c) damaging the Vehicle by your intentional, wanton, willful or reckless conduct; (d) transporting an animal in the Vehicle; (e) sitting, standing or lying on the roof of the Vehicle; (f) by placing signs or lettering on the outside of the Vehicle; (g) placing loudspeakers or other sound equipment on the exterior of the Vehicle; and, (h) if the Vehicle is equipped with an outside fuel station, using fuel with an octane rating higher than 87.

6. Insurance. We provide collision and comprehensive insurance on the Vehicle with a deductible. You are responsible for the deductible amount. This insurance does not cover Loss of Use or our administrative expenses incurred processing a damage claim. We do not provide liability insurance coverage on the Vehicle. You agree to provide liability insurance coverage on the Vehicle through the insurance policy that covers your towing vehicle.

7. Charges. You agree to pay us on or before the Vehicle is returned or on demand all charges due us under this Agreement, including, but not limited to: (a) time for the period during which you keep the Vehicle; (b) charges for optional services; (c) applicable taxes; (d) all traffic, or parking violations, fines, penalties, citations, forfeitures, court costs, towing charges and other expenses involving the Vehicle assessed against us or the Vehicle; if you fail to pay a traffic or parking charge to the charging authority, you will pay us all fees owed to the charging authority plus our administrative fee of $50 for each such charge; (e) all costs we incur recovering the Vehicle if you fail to return it to the renting location; (f) all costs, including pre- and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (g) a 5% per month late payment fee on all amounts paid after the Vehicle is returned; (h) $50 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; (i) a reasonable fee not to exceed $450 to clean the Vehicle, if returned substantially less clean than when rented; (j) a dumping fee of $50 if the Vehicle’s waste tanks have not been drained (valves open, caps off) prior to return of the Vehicle; (m) a refueling fee of $50 plus the cost of fuel if you fail to refill a fuel tank. We will not refund any of the time or mileage charges if you return the Vehicle earlier than the date or time due in.

8. Deposit. We may use your deposit to pay all monies owed to us under this Agreement.

9. Your Property. You release us, our agents and employees from all claims for loss of, or damage to, your personal property or that of another person, that we received, handled or stored, or that was left or carried in or on the Vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.

10. Modifications. No term of this Agreement can be waived or modified except by a writing that we have signed. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are merged into this Agreement.

11. Miscellaneous. A waiver by us of a breach of this Agreement is not a waiver of an additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. You release us from all liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. You will indemnify, defend, and hold us harmless from and against all claims arising out of unsafe fueling practices committed by you. If a provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.


ADDITIONAL TERMS AND CONDITIONS

* Makes and Models subject to change, a like model of equal or better quality may be substituted. Some models available only during peak seasons.

All advance reservations between May 19th and September 6th, 2012 (Peak Season) will be at least 5 nights, up to 14 days before departure. Less than 14 days, 3 night packages will be available, excluding special occasions listed below. 3 Night packages are available in Off Peak season.

There are no returns on Sundays or holidays. On Special Occasions you can rent a unit though Monday, and bring back on Sunday with an appointment. A $50 fee will be applied. Sunday night is still a paid night.

Special Occasions
Easter - 4 night minimums.
Memorial Day - Labor Day - July 4th - Fall School Breaks -- 5 night minimums
Thanksgiving - Christmas - New Years - 5 night minimums
Spring Break, Texas, Kansas, Talladega, & Bristol NASCAR , Rocklahoma- 5 night minimums
Extra Night(s) (extensions) subject to availability


To secure your reservation a $500.00 down payment for Motor Homes or $250 down payment for Trailers is required which will be applied towards your rental ~ All down payments are non-refundable. If a cancellation is made less than 14 days prior to departure, full rental fee is forfeited. These fees can be applied towards a future rental with a $100 change fee, subject to availability.

  1. To secure your reservation a $500.00 down payment for Motor Homes or $250 down payment for Trailers is required which will be applied towards your rental ~ All down payments are non-refundable. If a cancellation is made less than 14 days prior to departure, full rental fee is forfeited. These fees can be applied towards a future rental with a $100 change fee, subject to availability.
  2. All reservations require that appropriate rental documents and written payment authorization be completed by the customer and returned to RV Vacation Rentals, Inc within 48 hours of the reservation date. Reservations are not guaranteed after 48 hours without reseipt of required documentation.
  3. Unit availability is guaranteed by 4:00 pm on the check-out date. On the date of return, unit must be checked in by 11:00 am. Late returns are subject to a $250 late return fee and an additional night's rental.
  4. All departures are by appointment only with a call on your return to let us know your approximate return time.
  5. Refundable Security Deposits Required: $1500.00 for Class B & C Coaches ~ $2000.00 for Class A Coaches ~ $750.00 for Trailers. Payment of any owed charges that exceed the security deposit will be the responsibility of the customer. Charges for special cleaning, fuel, dumping,additional mileage, and sales tax are in excess of those estimated, as are, the cost of repairs for damages deemed to be the customer's responsibility and will be deducted from the security deposit. It will be the responsibility of the renter to pay the balance on any owed charges in excess of the security deposit.
  6. Return cleaning fee included in price. Additional charge for road tar, stains, mischief, etc. The cleaning fee ($60 per hour) from the professional cleaners will be charged for excessive dirtiness.
  7. No Smoking Allowed, No Pets: or a $500 Specail Cleaning Fee applies.
  8. Holding tanks will be dumped prior to return or a $50 dump fee will be charged.
  9. Will have a full tank of fuel gas/diesel at time of check-out and must have a fulltank at time of check-in, or a $25 Fill fee plus fuel costs will be charged.
  10. Insurance must be provided by renter or purchased direct from MBA Choice with a $500 deductible. Price varies from $15 to $30 per day depending on coach value. All trailers include insurance in the rates.
  11. Renter must be at least 25 years of age, have a good driving record, and have good credit. All drivers must present drivers license at or prior to checkout. All drivers of diesel coaches must attend the pre-departure orientation.
  12. Sales/Rental Tax additional charge
  13. Additional Motor Home Mileage Charges:
    30¢ each mile 101 - 200 per night averaged
    60¢ each mile 201 – 300 per night averaged
    $1.20 each mile over 300 per night averaged

  14. No mileage charge for trailers
  15. Five (5) free generator hours per rental night. Additional generator hours charges: $3 per hour ( Motor Homes)
  16. Renter is responsible for checking all fluids and air pressures, and daily visual inspection of unit.
  17. Trailer Towing available for $49.00 per trip, subject to towing capacities of the coach and driver experience.
    Please note: Roadside assistance & insurance does not extend to towed vehicle or trailer.
  18. Trailers are unfurnished. Kitchen kit and linens available at additional charge.
  19. All trailers over 3,000 pounds must be towed with a vehicle equipped with brake control and rated with adequate towing capacity. Installation of brake control and/or hitches available at reduced rates for renters.

RV VACATION RENTALS, INC
RV RENTAL CANCELLATION POLICY


REFUND OF SECURITY DEPOSIT

The following charges will be deducted from your security deposit:

No Smoking Allowed, No Pets: or a $500 Special Cleaning Fee applies.

Failure to fill Fuel tank ------------------------------- $25 plus cost of Fuel

Failure to dump holding tanks ----------------------- $50 unless prepaid

The above charges, mileage and sales tax is in excess of that estimated, and the cost of repairs for damages deemed to be the customer's responsibility will be deducted from the security deposit. The cleaning fee ($60 per hour) from the professional cleaners will be charged for excessive dirtiness.

Your security deposit will be refunded within 10 business days of your return date, provided the recreational vehicle is returned in the same condition as when it went out and subject to the charges outlined above. If your charges exceed your security deposit, you will be responsible for paying the excess balance owed. Refund or extra charges will be detailed on the adjusted rental agreement that will be mailed to you.

WE RESERVE THE RIGHT TO SUBSTITUTE VEHICLES IF NECESSARY

Substitutions are made only when absolutely necessary. Advanced notification is given whenever possible. In the event a vehicle of the same or higher value cannot be provided and we cannot fulfill your reservation, we will refund all monies received from you to date.

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