Terms of Service
1. The Service. The Services are available in Canada and allow eligible users (see further Section 2 below) who have created an account through the Website and/or downloaded the RVezy App: (i) to list RVs that are available for Rent if you are an Owner; (ii) search, reserve and rent RVs listed on the Website and/or RVezy App if you are a Renter; and (iii) pay for, or receive payment for, RV rentals booked through the Website and/or RVezy App (the “Services”).
2. Important Note on Use of the Services. RVezy is not a rental company. RVezy is in the business of providing an online platform where RV Owners and prospective Renters can connect, subject to these Terms. By using the Services You understand and acknowledge that RVezy provides a marketplace that connects Owners with Renters, and that Owners are independent contractors and not employees of RVezy. Owners are solely responsible for the RVs listed for rent on the Website and/or RVezy App and you understand that we do not exercise any control or oversight over the RVs and/or their condition or fitness for use. RVezy is not responsible for any User’s conduct, including Renter’s use of the RVs, nor will we be responsible for or liable in any way for any act or omissions of Renters or for any damage caused to RVs in connection with Users’ use of the Services.
3. Owner Account Registration. You must be at least twenty-five (25) years old to register for an account as an Owner, and you must be the owner of the RV or RVs you are seeking to list for rent, or have the permission of the owner of the RV or RVs you are seeking to make available for rent through the Website/App. When you register, you will be required to provide your full name, date of birth, phone number, email address, gender, driver’s license number, and the jurisdiction in which your driver’s license was issued. RVezy reserves the right to conduct background checks using third-party services to verify driver’s license validity. You will also be required to provide the VIN number of the RV you wish to make available for rent, details about the vehicle, as well as the address of the vehicle. Please note that the vehicle address is only visible to other users once a reservation request has been made by a Renter and the booking is confirmed by the Owner, and payment has been made by the Renter (see Payments below for more details).
4. Renter Account Registration. If you are registering for an account as a Renter, you must be at least twenty-five (25) years old and you must have a valid driver’s license in your province of residence. You will be required to provide your name, date of birth, phone number, gender, driver’s license number, and the jurisdiction of issuance of your driver’s license. You will also require a valid credit card to pay for the RV rental (see Payment Terms section below for further information). RVezy reserves the right to conduct background checks using third-party services to verify driver’s license validity.
LISTING AND BOOKING
6. Listing RVs. After you have created an account, Owners can list RVs for rent by creating a listing, which may include information about the rental such as the rental fees, photos of the RV, location of the RV, the number of people the RV can accommodate, availability, the minimum rental term, details about the RV, and any other terms and conditions governing the rental. You can also specify any additional rules that apply to Renters. This information will be included in your public listing of the rental on the platform. Accordingly, if you provide personal information or include photos with your family members, that information will be publicly available online. If you fail to appear on the date and at the time you are required to meet a Renter for a confirmed booking, RVezy reserves the right to immediately remove the listing from the Website, terminate your account, and refund all pre-paid amounts to the Renter.
If you are an Owner, you hereby represent and warrant that you are the legal owner of the RV, or if not the owner, that you are duly authorized and have all the necessary rights and/or permissions required in order to list the RVs as available for rent on the Platform, and that the RV you are listing is mechanically sound and in good working condition and fit for the purposes for which it is intended.
7. Renting RVs. Renters can request to rent RVs listed on the Platform. Requests must be made no later than forty-eight (48) hours in advance of the first day of the rental period. Once you submit a booking request, the RV owner may confirm or decline the request and you will be sent an invoice for the the rental (“Rental Fees”). For bookings made more than 30 days in advance, You will be required to pay a deposit of 25% of the Rental Fees at the time of booking (“Deposit”), which will be charged to your credit card. For bookings made within 30 days of the rental, full payment of the Rental Fees will be due at the time of booking. . For more information on the deposit, please see Section 12 below. You will also be required to confirm your acceptance of any additional rules that the Owner has provided relative the RV rental. If you are in Ontario you may then apply for the RVezy Insurance. Once the booking has been confirmed, we will contact you to pay the Rental Fees. For more information on the Rental Fees, please see Section 13 below. Upon request by an owner of an RV, you must provide the Owner with a copy of your driver’s license. If you refuse to do so, the Owner is not under any obligation to rent the RV to you, and your request may be cancelled.
Contracts for the rental of RVs is between the Renter and the Owner and not between Renters and RVezy. Renters understand and agree that additional terms may apply to their rental of an RV if notified by an Owner.
INSURANCE AND LIABILITY
8. Insurance. It is the sole and exclusive responsibility of Owners to ensure that the RV’s listed by such Owners are properly and adequately insured for Renter’s use. RVezy may make recommendations about insurance brokers who offer RV insurance policies. Any such recommendations by RVezy are for informational purposes only, and do not constitute an endorsement by RVezy of such insurance providers, nor does it remove the responsibility of Owners to obtain adequate insurance coverage. RVezy will not be responsible or liable in any way whatsoever for your failure to properly insure your RV or for any damage, loss or injury that arises or is incurred by You or any other third party as a result of Owner’s failure to obtain proper insurance coverage.
For Ontario rentals only, RVezy currently offers a commercial insurance policy through Intact Insurance that provides insurance coverage for approved RVs licensed in the province of Ontario. In order to take advantage of the RVezy insurance, Owners and Renters must fill out the application and be approved by RVezy. For more information on RVezy’s insurance policy, click https://www.rvezy.com/rv-rental-insurance/trust-and-safety.
9. Vehicle Repairs and Damages. Although Owners should only list RVs that are in good working condition, in certain circumstances, unforeseeable damages may occur to an RV while it is in the control of a Renter. The following terms apply for attributing liability for costs:
- Flat Tires: All flat tires, including the cost of a replacement tire, and any labour fees for replacing a flat tire is the sole responsibility of a Renter, unless the RV had a flat tire at the time the Renter took control of the RV;
- Stone Chips: Renters are responsible for any stone chips that cause damage to the vehicle including windshields;
- Negligence and Willful Misconduct: Any damage to an RV that arises in connection with a Renter’s (or any individual driving the RV while the RV is under the control of the Renter) negligence or willful misconduct, is the sole and exclusive responsibility of the Renter.
- Mechanical Breakdown: Owners are solely liable for any mechanical breakdown of an RV they have listed. In the event of any mechanical breakdown of a vehicle the Owner shall be responsible for the cost of the repairs; if the Renter is required to pay for any repairs, the amount paid will be deducted from any amounts that the Renter owes to the Owner. If the mechanical failures are such that the Renter cannot make use of the RV, in addition to any out-of-pocket expenses for which Renters will be reimbursed, Renters will receive a pro-rated refund for the days in which the RV was unusable.
RVezy reserves right in its sole discretion to determine liability between Owner and Renter.
10. Roadside Assistance: RVezy offers roadside assistance to Owners and Renters, which is provided by Encore Protection, a third-party service provider. Renters may choose to enroll in RVezy’s roadside assistance program at the time of booking by signing up at the time of rental, agreeing to terms and conditions of Encore Protection and paying the applicable fee. Once an RV has been enrolled in the roadside assistance program by a renter, the Owner of the RV may also use the roadside assistance program for a period of one year following enrollment.
11. RV Maintenance. Owners are required to regularly check RVs for any defects in its operations or safety. Owners represent and warrant promise that, at all times, the RV will be in safe and roadworthy condition, in good mechanical condition, and in full compliance with all applicable inspection and registration requirements. You will only list RVs with a clean, non-salvaged, and non-branded title. You agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing your vehicle to be rented. In addition, if RVezy believes that your RV does not conform to reasonable standards, RVezy will notify you and reserves the right to remove or decline listing your RV until its concerns have been resolved. RVezy may, but does not commit to, undertake efforts to ensure the safety of RVs rented through the Services.
12. Damage Deposit. For rentals outside of the province of Ontario, Owners may require the Renter to pay a damage deposit at the time of booking (“Damage Deposit”), which will be charged to the Renter’s credit card..
13. RVezy Service Fees; Rental Fees. Owners determine, in their sole discretion, the RV rental fees, and any additional fees that may be applied such as cleaning fees. A full list of the various fees that may be applied to the RV rental can be found on the Service Fees page of the website. In addition to the rental fees listed by Owners, RVezy will charge a service fee for each booking which will be included in the total amount displayed to Renters at the time of booking. RVezy will also charge a service fee to Owners, as displayed to owner at the time of listing, which will be deducted from the listing fee (collectively, the “RVezy Service Fees”). The fees listed on the Website are also exclusive of taxes (see further Section 18 below under “Taxes”).
14. Payment. The Deposit must be paid at the time of booking in order to reserve the RV. The remainder of the rental fees are due as follows: (i) two weeks in advance of the first day of the rental period for reservations that are made more than two weeks in advance of the first day of the rental period; or (ii) immediately if the reservation request is made less than two weeks before the first day of the rental term. Users are responsible for paying all fees when they come due and authorize RVezy to charge any payment methods on file in your account for all amounts due, including but not limited to, security deposits, rental fees, Service Fees, usage fees, fines/penalties, deductibles, and damages, and you furthermore represent and warrant that you have the right to make this authorization. Renters will be responsible for all of the costs relating to any citations and fines (e.g. tolls, parking tickets, towing fines) incurred during the rental period.
15. Deposit. RVezy will collect and hold the Damage Deposit, RVezy Service Fees and Rental Fees until the end of the rental period. At that time, RVezy will remit the Rental Fees, less the RVezy Service Fees to Owners by cheque, direct deposit or electronic money transfer at RVezy’s sole discretion. If there is any damage to the RV the cost of the damage will be deducted from the Damage Deposit and remitted to the Owner. The remainder of the Damage Deposit (or the full Damage Deposit if there is no damage to the RV) will be refunded to Renter directly to the credit card on which the Damage Deposit payment was made.
RVezy may hold your deposit for a period of up to ten (10) days after the RV is returned. If you receive any traffic tickets or fines during the rental period, we will deduct the amount of the fine from your Deposit. If the amount of the Deposit is not sufficient to cover damages and/or fines (if any) you hereby agree to pay the difference between the amount of the deposit and the total amount of any damages/fines.
16. Refund Policy. If the trip/rental contract is cancelled by the Renter, Renters will be entitled to a full refund of any pre-paid rental fees less the RVezy Service Fees, and will be entitled to refunds of the deposit as follows:
≥ 1 month before the first day of the rental term
100% of the Rental Amount, less the RVezy Service Fees
1 week – 1 month before the first day of the rental term
50% of the Rental Amount, less the RVezy Service Fees
< 1 week before the first day of the rental term
Owners are not permitted to cancel confirmed rental bookings. If a confirmed rental is cancelled by the Owner, Owners are subject to the cancellation fees noted above and RVezy reserves the right to withhold future payments to set off any amounts owed by Owner for cancellations. If an Owner cancels a reservation, RVezy also has the right to publish a negative review and/or remove the RV from the marketplace.
17. Fraudulent Transactions. We have the right to suspend the processing of any transaction where we reasonably believe that the transaction may be fraudulent, illegal or involves any criminal activity. If a user challenges a transaction or payment, user agrees to assist us in complying with any laws and card or financial institution rules or policies.
18. Taxes. The Fees (including the Damage Deposit, Rental Fees and RVezy Service Fees) are exclusive of tax. Where applicable, taxes (including without limitation sales tax, goods and services taxes, and other similar municipal, provincial or federal or other withholding and personal or corporate income taxes, collectively, “Taxes”) may be added to the fees. Users and not RVezy are responsible for determining their tax obligations and for paying any and all applicable taxes, and ensuring compliance with all applicable tax requirements, including income tax, sales tax, value added tax, and any other federal, provincial and/or municipal taxes that may apply to a particular transaction.
USE OF THE WEBSITE, APP AND SERVICES
19. Conduct Guidelines. In using the Website, App and Services you agree that you will:
- Provide accurate information when registering and keep such information up to date;
- keep your user login details and access to the Website secure. We will not be liable for any damages caused by virtue of the compromise of your account or password, including any unauthorized access to your account, use of your password or compromise of your credit card details. Please contact us immediately if you suspect or become aware of any unauthorized use of your user name or password or any other breach of security; and
- comply with any reasonable requirements of the other party with whom you are contracting for RV rentals.
The Service has in-site/in-app messaging capability. In order to use the Services, you must treat the other users of the Services with whom you interact with respect and not engage in any conduct which is threatening, harassing or otherwise harmful to other users or third parties. We also reserve the right to monitor such communication without the consent of the user. We reserve the right to terminate your access to the Services and take appropriate legal action if you are in breach of these requirements or any of these Terms.
20. Use Restrictions. In using the Website, RVezy App and the Services, you agree that you shall not and shall not permit anyone to:
a. copy any content unless expressly permitted to do so herein;
b. upload, post, email, transmit or otherwise make available any material that:
i. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
ii. You do not have a right to make available under any law or under a contractual relationship;
iii. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy, personality or publicity rights);
iv. is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
v. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
vi. contains any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
c. use the Website, App or Services for fraudulent purposes;
d. impersonate any person or entity or misrepresent their affiliation with a person or entity;
e. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
f. intentionally or unintentionally violate any applicable local, state, provincial, national or international law or regulation;
g. collect or store personal data about other users or viewers other than is strictly necessary to complete the RV rental transactions;
h. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or RVezy App; or
i. modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the RVezy App or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law.
We reserve the right to limit, suspend or terminate your account if we discover or have a good faith reason to believe that you have violated any of terms.
21. Other Users’ Conduct. We are not responsible for the behaviour, acts or omissions of users of the Services. If you feel that another user has threatened, harassed or otherwise acted in an inappropriate manner, you may notify us of this conduct through the feedback features of the Services. We will take appropriate steps as necessary to review and respond to your complaint. By submitting a complaint you acknowledge and agree that we may disclose your identity to the user in question in order to follow up directly with you in regards to your complaint.
22. User Content. All information, data, text, software, graphics, video, messages or other materials, including without limitation photos of the RVs, RV listing information, pricing information and User contact information, whether publicly posted or privately transmitted to the Website by Users (“User Content”), is the sole responsibility of such Users. This means that the User, and not RVezy, is entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. RVezy does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are inaccurate, offensive, indecent or objectionable. Under no circumstances will RVezy be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
23. User Content License. By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content for the purpose of providing the Services. RVezy will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
25. Feedback. If you provide us with any suggestions, comments or other feedback relating to any aspect of the Website and/or Services ("Feedback"), we may use such Feedback in the Website and Service and/or in any other products or services (collectively, "RVezy Offerings"). Accordingly, You agree that: (a) we are not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to us, (c) e (including all of its successors and assigns and any successors and assigns of any of the RVezy Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any RVezy Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind in respect of the Feedback.
IMPORTANT DISCLAIMERS; LIMTATION OF LIABILITY
26. Release. Because we do not supervise or control interactions between Renters and Owners, and because we cannot guarantee the true identity, age, nationality of Owners or Renters, and because we have very limited control, if any, over the legality, truthfulness or accuracy of various aspects of the Website or Services and the User Content contained therein, You agree that You bear all risk and You agree to release RVezy (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with Your use of the Services, the interactions and transactions between Renters and Owners, Your third party transactions, and our resolution of any disputes between Renters and Owners. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
27. Service Disclaimer. We provide a booking platform only, and expressly disclaim any and all liability related to your interaction with, or receipt of services from Owners or Renters (as applicable) including any theft, loss or damage to your property, including RVs. You acknowledge the Internet is not a secure medium and privacy cannot be assured. Internet data transmission, including without limitation personal information and payment information, is vulnerable to interception and forging. We will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make available to us through the Internet, or that you expressly or implicitly authorize us to make, or for any errors or any changes made to any transmitted information.
28. Limitation of Liability. In no event shall we be liable for damages of any kind, whether arising in contract (including breach of this Agreement), tort, negligence or under any other legal theory, arising out of or in connection with your use, or inability to use or access the Services, including without limitation any indirect, special, incidental, consequential, exemplary or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profit, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, business interruptions, lost opportunities, theft, damage to or loss of your personal property while it is being stored by an Owner and whether caused by tort (including negligence and strict liability), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
We are not responsible for: (i) losses not caused by our breach of contract or negligence, including, without limitation, losses from fraudulent transactions and loss, damage, injury or theft of personal property including RVs; (ii) the actions, inactions, errors, omissions, representations, warranties, breaches or negligence of any Users or for any personal injuries, death, property damage, or other damages of expenses resulting therefrom; (iii) the actions, inactions, errors, omissions, representations, warranties, breaches or negligence of Owners or Renters or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom; (iv) indirect losses (which means loss to you which is a side effect of the main loss or damage and where we could not have reasonably anticipated that type of loss arising at the time of entering into this Agreement); (v) failure to provide or to meet any of our obligations under this Agreement where such delay, cancellation or failure is due to events beyond our control (e.g., a network failure, internet delays, rerouting acts of any government or authority, acts of nature, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, weather, or road conditions and breakdowns); (vi) if for any reason, all or any part of the Services are unavailable at any time or for any period; or (vii) any User’s breach of any applicable law, rule, regulation, by-law; (viii) the breach of any Agreement between Renters and Owners; (ix) the breach of any representation or warranty made by a User in connection with the Services; or (x) losses incurred by you or any third party arising in connection with your failure to obtain adequate insurance coverage for the RV rental.
29. Disclaimer of Warranties. THE SERVICES ARE PROVIDED ‘AS IS’ AND WE MAKE NO REPRESENTATION, WARRANTY OR CONDITION, EITHER EXPRESSED OR IMPLIED, OR OTHERWISE, INCLUDING ANY REPRESENTATION, WARRANTY OR CONDITION THAT THE WEBSITE, APP, CONTENT OR ANY SERVICES WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY SERVICES OBTAINED WILL OTHERWISE MEET YOUR NEEDS, REQUIREMENTS OR EXPECTATIONS. ANY STATUTORY WARRANTIES AND CONDITIONS ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW AND YOU HEREBY WAIVE THE BENEFIT OF ANY STATUTORY WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOUR USE OF THE SERVICES AND THE WEBSITE IS ENTIRELY AT YOUR OWN RISK.
30. Indemnity. You shall indemnify, defend, and hold us (including our officers, directors, agents, and employees) harmless from and against any and all liabilities, damages, losses, expenses, claims, demands, suits, fines, and/or judgments (collectively “Claims”), including reasonable attorneys' fees, costs, and expenses incidental thereto, which may be suffered by, accrued against, charged to, or recoverable from us by reason of any Claim arising out of or relating to: (a) bodily injury (including death) or damage to tangible personal or real property caused by any act, error or omission, or misconduct by you; (b) violation of any law or regulation by You (including, without limitation, any privacy or personal information protection law or regulation); or (c) breach of any warranties or material terms of this Agreement by you.
32. Availability & Updates. We may alter, suspend, or discontinue the Website and/or Services at any time and for any reason or no reason, without notice. The Website and/or Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. We may periodically add or update the information and materials made available through the Services without notice.
33. Security. Information sent or received over the Internet is generally unsecure and we cannot and do not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. We will not be liable for any loss or damage arising from your failure to comply with these requirements.
Last Updated: May 29th, 2017