RVEZY INC.

TERMS OF USE

RVEZY INC. AND RVEZY USA INC. (“RVEZY”/“WE”/”US”/“OUR”) OWN AND OPERATE THE WEBSITE LOCATED AT WWW.RVEZY.COM (THE “WEBSITE”) AND RVEZY APPLICATION (“APP”) FOR USE OF OUR PROPRIETARY PLATFORM WHICH ENABLES REGISTERED OWNERS (“OWNERS”) TO LIST RECREATIONAL VEHICLES, MOTOR HOMES, TRAILERS AND OTHER SIMILAR VEHICLES (HEREINAFTER REFERRED TO AS “RVs”) AVAILABLE FOR RENT BY OTHER USERS (“RENTERS”). THESE TERMS OF USE APPLY TO ALL USERS OF THE SERVICES, INCLUDING OWNERS, RENTERS, USERS WHO REGISTER FOR THE SERVICES, USERS WHO UPLOAD, DOWNLOAD, USE OR ACCESS CONTENT ON THE WEBSITE, RVEZY APP AND/OR THE SERVICES, USERS WHO DOWNLOAD THE APP, AND USERS WHO SIMPLY VIEW THE CONTENT ON THE WEBSITE (COLLECTIVELY, “USERS”).

BY VISTING THE WEBSITE, CREATING AN ACCOUNT THROUGH THE WEBSITE OR OTHERWISE USING THE SERVICES, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE (“TERMS”). IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THIS WEBSITE OR ANY OF ITS CONTENT OR SERVICES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY US FROM TIME TO TIME WITHOUT NOTICE AND THESE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT OR USE OF THE SERVICES. WE WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO ,INFORM YOU OF ANY CHANGES TO THESE TERMS, INCLUDING BY PROVIDING EMAIL NOTICE TO USERS WHOSE EMAIL WE HAVE RECEIVED AND/OR PROSTING A NOTICE ON THE WEBSITE. STILL, IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THE SERVICES FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.

IN ORDER TO USE THE SERVICES, YOU MUST REGISTER WITH US AND PROVIDE CERTAIN INFORMATION. FOR INFORMATION ON HOW WE USE YOUR PERSONAL INFORMATION, PLEASE SEE OUR PRIVACY POLICY, THE TERMS OF WHICH FORM AN INTEGRAL PART OF THIS AGREEMENT.

THESE TERMS, ALONG WITH ANY RENTAL CONFIRMATION PAGE, FORM THE RENTAL AGREEMENT BETWEEN AN OWNER AND RENTER.

IF YOU ARE A U.S. RESIDENT, YOU ARE ENTERING THESE TERMS WITH RVEZY USA INC.  ALL USERS OTHER THAN US. RESIDENTS ENTER INTO THESE TERMS WITH RVEZY INC.  EXCEPT WHERE EXPRESSLY STATED, REFERENCES TO “RVEZY” REFER TO THE ENTITY THAT YOU ARE ENTERING THESE TERMS WITH.

IF YOU ARE A U.S. RESIDENT, BY ENTERING THESE TERMS, YOU ALSO AGREE TO RESOLVE DISPUTES THROUGH MANDATARY ARBITRATION AS SET FORTH IN SECTION 13 (“DISPUTE RESOLUTION”) OF THESE TERMS.  THIS INCLUDES A WAIVER OF THE RIGHT TO BRING CLAIMS IN COURT BEFORE A JURY, AND A WAIVER OF THE RIGHT TO PURSUE CLAIMS ON A CLASS BASIS.

1.            REGISTRATION

1.1 The Service. The Services are available to connect Owners and Renters with respect to RVs to be rented in Canada and the United States (the “Eligible Jurisdictions”) and allow eligible users 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”).

1.2 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 their RVs listed for rent on the Website and/or RVezy App, including ensuring that their RVs meet minimum conditions of fitness for use and safety. RVezy reserves the right to remove any RV listings from the Services that do not meet minimum conditions of fitness for use and safety in RVezy’s sole discretion. Except to the extent expressly provided in these terms, RVezy is not responsible for any User’s conduct, including any Renter’s or third party’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.

1.3 Owner Account Registration. You generally 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).

1.4 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 jurisdiction 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 7 below for further information). RVezy reserves the right to conduct background checks using third-party services to verify driver’s license validity.

1.5 User Profiles. Once you have registered for the Services, you will be able to create a profile, including uploading a profile picture in the “about me” section of the platform. Your profile information will be visible to other Users of the Services, so don’t include information you don’t want others to see. Any personal information that you provide in the registration process and when creating a profile will be treated in accordance with the terms of our Privacy Policy, which you should read carefully.

1.6 Minimum Age.  The Services are intended solely for persons who are 18 years of age or older.  Any access to or use of the Services by individuals under 18 is prohibited, and by accessing or using our Services in any way, you represent and warrant that you are 18 years of age or older.  For clarity, the foregoing is not intended in any way to modify the minimum ages for Owners or Renters as described in Sections 1.3 and 1.4.

2.            LISTING AND BOOKING

2.1 Listing RVs. After you have created an account, Owners can list RVs for rent by creating a listing offering the applicable RV for rental in an Eligible Jurisdiction, 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. RVezy reserves the right to remove any RV listing or otherwise restrict an Owner from listing any RV(s) if, in RVezy’s sole discretion, we determine that the RV is not suitable for listing or rental. 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.

2.2 Representations of Owner. 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, that the RV you are listing is mechanically sound and in good working condition and fit for the purposes for which it is intended and that, consistent with Section 3.1, below, you have in place insurance policies sufficient under applicable law for the operation and rental of the RV, or will obtain such insurance prior to listing the applicable RV.

2.3 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 rental fee charged by the Owner (“Rental Fees”) and any other applicable fees. For bookings made more than 37 days in advance, You will be required to pre-pay 25% of the Rental Fees at the time of booking, which will be charged to your credit card, in order to secure your booking (“Booking Deposit”). For bookings made within 37 days of the rental, full payment of the Rental Fees will be due at the time of booking. You will also be required to confirm your acceptance of any additional rules that the Owner has provided relative the RV rental. 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 7.2 below. Upon request by an Owner of an RV, you must provide the Owner with a copy of your driver’s license so that the Owner can confirm the license information that RVezy has already made available to the Owner. 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.

2.4 Additional Provisions Applicable in Quebec. Each Owner in Quebec grants RVezy the right to use and enjoy each RV, solely during the rental period, subject to RVezy’s obligations to the Owner to preserve the substance of the RV pursuant to these Terms. Each Owner in Quebec agrees that RVezy’s obligation to preserve the substance of his RV is fulfilled by RVezy obtaining Commercial Automobile Insurance Policy coverage, the terms, limitations and exclusions of which are set out in the standard form automobile policy applicable in the province of Quebec (Q.P.F. no. 1).

3.            INSURANCE

3.1 Owner’s Responsibility. It is the sole and exclusive responsibility of Owners to ensure that the RVs listed by such Owners are properly and adequately insured for Renter’s use and to complete an “Insurance Profile” on the RVezy Platform when applicable. 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.

3.2 Claims Handling. For motorhomes and trailers, Intact will impose a $5,000 deductible to the vehicle Owner in the event of a claim. RVezy will reimburse this deductible to the Owner. The deductible applied to any claim will be applied directly to the Owner of the RV in the amount of $5,000. RVezy will reimburse the deductible directly to the Owner at the completion of the claim. RVezy holds the right not to reimburse the deductible should the Owner be in breach of the terms and conditions set out above. For disputes and claims under $5,000 in value RVezy holds the right to make final determinations in relation to value of damages and disbursement of the security deposit. Should an insurance claim be a result of the delivery of the RV while in the owner’s possession a deductible of $1,000 will be applied against the owner of the RV.

3.3 Commercial Automobile Insurance Policy. Notwithstanding the foregoing, for motorhomes registered in Ontario, Alberta, Nova Scotia and Quebec and travel trailers registered in any province or territory in Canada, RVezy currently carries a Commercial Automobile Insurance Policy underwritten by Intact Insurance that provides insurance for motorhomes listed and licensed in the provinces of Ontario, Alberta, Nova Scotia, and Quebec and travel trailers listed and licensed in any province or territory in Canada. Notwithstanding the foregoing, for motorhomes registered in British Columbia, RVezy currently carries a Commercial Automobile Insurance Policy underwritten by ICBC that provides insurance for motorhomes and trailers listed and licensed in the province of British Columbia. Owner and Renters must fill out the application and be approved by RVezy. For more information on RVezy’s Commercial Automobile Insurance, click https://www.rvezy.com/en/trust-and-safety. For RVs registered in the USA RVezy carries a commercial insurance policy with Crum and Forster that covers RVs registered in all states with the exception of motorized RVs registered in the state of New York. When an RV is in the possession of Renter and during the delivery period (e.g. when the Owner is in the process of delivering the RV to a Renter), RVezy’s Commercial Automobile Insurance Policy is in effect. At all other times, any personal insurance policy of the Owner in respect of the RV will be in effect.

3.4 Return Form. During every rental, a fully completed departure and return form must be completed by the Renter and the Owner, which form may be completed in hard copy or electronically using the RVezy Platform. This checklist includes a full walkthrough of the RV and documenting any pre-existing damage or damage that has occurred during the rental. Owners must take pictures of the RV prior to the rental and upon its return and be in a position to provide them to RVezy in the event of a claim.

3.5 Consequence. Failure to adhere to the terms and conditions of the site may result in the owners not getting compensated for the $5000 deductible in the event of a claim.

3.6 Opt Out. An Owner may choose to opt out of the Commercial insurance policy provided by RVezy, provided that the Owner assumes all risk associated with any insurance claim that may come as a result of a rental processed through the RVezy Platform.

3.7 Additional Insurance Information.  Additional information relating to RVezy group insurance is set forth in Section 16 (“RVEZY GROUP INSURANCE”) below.  RVezy Inc. is neither an insurance company nor an insurance broker.

3.8 U.S. Insurance Warnings. WARNING: Certain U.S. State laws may require us to provide you with the following warnings; these warnings do not modify the law applicable to these Terms as set forth in Section 14.4:

•             Alabama: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or who knowingly presents false information in an application for insurance is guilty of a crime and may be subject to restitution fines or confinement in prison, or any combination thereof.

•             Alaska: A person who knowingly and with intent to injure, defraud, or deceive an insurance company files a claim containing false, incomplete, or misleading information may be prosecuted under state law.

•             Arizona: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit is subject to criminal and civil penalties.

•             Arkansas: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.

•             California: Any person who knowingly presents a false or fraudulent claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison.

•             Colorado: It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies.

•             Delaware: Any person who knowingly and with intent to injure, defraud or deceive an insurer, files a statement of claim containing any false, incomplete or misleading information is guilty of a felony.

•             District of Columbia: It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment and/or fines. In addition, an insurer may deny insurance benefits in false information materially related to a claim was provided by the applicant.

•             Florida: Any person who knowingly and with intent to injure, defraud, or deceive any insurance company files a statement of claim containing false, incomplete, or misleading information is guilty of a felony of the third degree.

•             Hawaii: Presenting a fraudulent claim for payment of a loss or benefit is a crime punishable by fines or imprisonment, or both.

•             Idaho: Any person who knowingly and with intent to defraud or deceive any insurance company, files a statement of claim containing any false, incomplete, or misleading information is guilty of a felony.

•             Indiana: Any person who knowingly and with intent to defraud or deceive any insurance company, files a statement of claim containing any false, incomplete, or misleading information commits a felony.

•             Kentucky: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance, or files a statement of claim, containing any materially false information or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime.

•             Louisiana: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison

•             Maine: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines or a denial of insurance benefits.

•             Minnesota: A person who files a claim with intent to defraud or helps commit a fraud against an insurer is guilty of a crime.

•             New Hampshire: Any person who, with a purpose to injure, defraud or deceive any insurance company, files a statement of claim containing any false, incomplete or misleading information is subject to prosecution and punishment for insurance fraud, as provided in RSA section 638.20.

•             New Jersey: Any person who knowingly files a statement of claim containing any false or misleading information is subject to criminal and civil penalties.

•             New Mexico: Any person who knowingly presents a false or fraudulent claim for the payment of a loss or benefit is guilty of a crime and may be subject to civil fines and criminal penalties.

•             New York:  APPLICALBE TO AUTO CLAIMS: Any person who knowingly and with intent to defraud any insurance company or other person files an application for commercial insurance or a statement of claim for any commercial or personal insurance benefits containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, and any person who, in connection with such application or claim, who knowingly makes or knowingly assists, abets, solicits or conspires with another to make a false report of the theft, destruction, damage or conversion of any motor vehicle to a law enforcement agency, the department of motor vehicles or an insurance company, commits a fraudulent act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars and the value of the subject motor vehicle or stated claim for each violation.

•             Ohio: Any person who, with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud.

•             Oklahoma: Any person who knowingly and with intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony.

•             Pennsylvania: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties.

•             Rhode Island: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.

•             Tennessee: It is a crime to knowingly provide false, incomplete or misleading information to an insurer or insurance company for the purpose of defrauding the insurer or insurance company. Penalties include imprisonment, fines and denial of insurance benefits.

•             Texas: Any person who knowingly presents false information on an application for insurance is guilty of a crime and may be subject to fines and confinement in state prison.

•             Virginia: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines, and denial of insurance benefits.

•             Washington: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits.

•             West Virginia: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.

4.            LIABILITY

4.1 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.

4.2 Renter Liability.

By taking possession of the RV at the time of rental, the Renter assumes the condition of the RV at its present state and is solely responsible for any damages that occur during the rental. It is the Renter’s sole responsibility to inspect the RV prior to acceptance to ensure that there is no pre-existing damage.  Without limiting the foregoing, the following terms apply to the specific circumstances described:

•             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, in RVezy’s sole discretion;

•             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) willful misconduct, is the sole and exclusive responsibility of the Renter. Negligence of the Renter may be covered by RVezy’s Commercial Automobile Insurance Policy in accordance with the policy terms.

•             Security Deposits: RVezy may collect a security deposit on behalf of the RV Owner that may be used in the event of damages that are caused to the RV while in the Renter’s possession. This deposit is held to cover incidental charges not covered by RVezy’s Commercial Automobile Insurance Policy. This security deposit is collected from the Renter 72 hours prior to the start date of the rental and is returned at the end of the rental period. RVezy reserves the right to charge the Renter for any additional amounts beyond the amount of the deposit.

RVezy reserves the right to charge the credit card on file the total amount of the protection plan that the renter chooses in the event of a damage claim.

4.3 Owner Liability:

•             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 and Owner hereby authorizes RVezy to obtain parts and repairs on behalf of Owner. If RVezy or the Renter is required to pay for any repairs (other than repairs that are the responsibility of the Renter as described in Section 4.2), 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 DISCLAIMER: RVEZY SHALL NOT BE LIABLE TO OWNER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM DAMAGES TO AN RV, INCLUDING ANY LOSSES ASSOCIATED WITH OWNER’S INABILITY TO ACCEPT FUTURE BOOKINGS.

4.4 Vehicle Abandonment. The Renter is fully responsible for the safe return of the RV  rented. Any RV determined abandoned by the Renter will be treated as a Renter cancellation and Renter shall be liable all costs associated with the RV being returned to the Owner, which costs will be charged to Renter’s credit card.

5.            ROADSIDE ASSISTANCE

5.1 Enrollment. RVezy offers roadside assistance to Renters, which is provided by a third-party service provider (“Roadside Assistance”). Renters may choose to enroll in RVezy’s Roadside Assistance program at the time of booking by agreeing to the applicable terms and conditions and paying the applicable fee. If a Renter does not enroll in Roadside Assistance at the time of booking, Renter shall be liable for any costs arising from a Roadside Event.

5.2 Included Services. For the purpose of this Schedule, “Roadside Event” includes any emergency breakdown of any RVezy vehicle where the rented vehicle is on a municipally, provincially maintained roadways. The roadside provider shall provide all of following services all across North America in the event of a “Roadside Event”, as required by the Renter, for all approved RVezy bookings:

•             2 tows up to 140km from place of break down to closest garage OR 1 tow up to 280kms to closest garage;

•             Battery Boost, Locksmith (up to $200 (all prices in this Section are in the currency in which the applicable booking is paid)), unlock, flat tire change, fuel delivery (up to $20);

•             Breakdown Cab fare up to $50; and

•             Emergency hotel accommodation (up to 2 nights at a rate of $150 per night).

Renter is responsible for removing the RV from a roadway and transporting the RV to the nearest repair facility.

6.            RV MAINTENANCE; OWNER REPRESENTATIONS AND WARRANTIES.

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.

7.            PAYMENT TERMS

7.1 Security Deposit. For all rentals, Owners may require the Renter to pay a security deposit at the time of booking (“Security Deposit”), which amount shall be determined by the Owner. The Security Deposit will be charged to the Renter’s credit card and held by RVezy for the duration of the rental. The Security Deposit is charged 72 hours prior to the rental start date. RVezy, at its sole discretion, may pay out to Owner some or all of Security Deposit for any RV damages caused by the Renter. RVezy shall not pay or be liable to Owner for any amounts in excess of the Security Deposit.

7.2 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 7.5 below under “Taxes”).

7.3 Payment. The Booking 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) 37 days in advance of the first day of the rental period for reservations that are made more than 37 days in advance of the first day of the rental period; or (ii) immediately if the reservation request is made less than 37 days 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, which will be charged to the Renter’s credit card.

7.4 Deposit. RVezy will collect and hold the Security 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 direct deposit. If there is any damage to the RV the cost of the damage will be deducted from the Security Deposit and remitted to the Owner. The remainder of the Security Deposit (or the full Security Deposit if there is no damage to the RV) will be refunded to Renter directly to the credit card on which the Security Deposit payment was made. RVezy may hold your Security Deposit for a period of up to ten (10) days after the RV is returned. If an insurance claim or dispute is opened the Security Deposit will be held until the closing of the claim/dispute. 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 Security Deposit and the total amount of any damages/fines.

7.5 Taxes. The Fees (including the Security 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. RVezy may collect applicable Taxes charged to a Renter on behalf of the Owner, provided the Owner has submitted to RVezy its tax number and any other relevant information requested by RVezy. Owners are responsible for remitting Taxes.

7.6 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.

8.            REFUNDS

In response to COVID-19 protocols, RVezy has put in place a cancellation policy for users who booked an RV before March 14th, 2020 with travel dates before September 1st, 2020.

Users are eligible to move the booking to a future date or cancel the booking based on the following: All payments made towards a booking will be credited to your account in the form of credits. RVezy will top up the received credits with an additional 10%. This does not apply to new bookings made after March 14th, 2020.

Those credits can be used towards any future booking within 24 months of the cancellation date.

This does not apply to bookings made from March 15th, 2020 (and onward) which are subject to the regular cancellation policy highlighted below.

8.1 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 Rental Fees as follows:

Date Cancelled  Refund Entitlement

≥ 1 month before the first day of the rental term

100% of the Rental Fees, less the RVezy Service Fees

1 week – 1 month before the first day of the rental term

50% of the Rental Fees, less the RVezy Service Fees

< 1 week before the first day of the rental term  No refund.

8.2 No Cancellation by Owners. 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 and/or Owner from the marketplace.

9.            USE OF THE WEBSITE, APP AND SERVICES

9.1 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.

9.2 Messaging Conduct. 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.

9.3 Use Restrictions. In using the Website, RVezy App and the Services, you agree that you shall not and shall not permit anyone to:

•             copy any content unless expressly permitted to do so herein;

•             upload, post, email, transmit or otherwise make available any material that:

(1) 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;

(2) You do not have a right to make available under any law or under a contractual relationship;

•             infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy, personality or publicity rights);

(1) 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;

(2) 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

(3) 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;

•             use the Website, App or Services for fraudulent purposes;

•             impersonate any person or entity or misrepresent their affiliation with a person or entity;

•             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;

•             intentionally or unintentionally violate any applicable local, state, provincial, national or international law or regulation;

•             collect or store personal data about other users or viewers other than is strictly necessary to complete the RV rental transactions;

•             license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or RVezy App; or

•             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.

9.4 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.

9.5 No Circumvention. Owners and Renters are strictly prohibited from circumventing the RVezy Platform to avoid paying Rvezy Service Fees, including but not limited to, using the RVezy Platform to seek out potential Renters or vehicles for rent and then contacting the User outside of the RVezy Platform to arrange a rental agreement. RVezy has the right to monitor for this type of activity and remove those Users from the marketplace.

9.6 Copyright Policy. We respect copyright laws and we expect all users of our Services to do so as well.  We will take reasonable steps to remove infringing material from the Website and our Platform as more fully set forth in our Copyright Policy. Please review this Policy for information on how to contact us if you believe any content has been posted through the Services in violation of any copyright holder’s rights, or to raise any other copyright-related issues with us.

9.7 Export Control and Restricted Countries.  By using the Services, you represent and warrant that (i) neither you nor any RV you will list in connection with the Services is located in a country that is subject to a United States embargo, or that has been designated by the United States as a terrorist supporting country and (ii) you are not listed on any United States list of prohibited or restricted parties.  You further represent and warrant that you will not the Services for any purpose prohibited by applicable export control laws, including but not limited to laws prohibiting the development, design, manufacture, or production of missiles or nuclear, chemical or biological weapons.

10.          LICENSE TERMS

10.1 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.

10.2 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 and subject to our Privacy Policy to the extent applicable to User Content at issue. 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.

10.3 End User License. The Website, App, and the information and materials contained therein (except for information and material provided by users of the Services), are the property of RVezy and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these Terms of Use, we grant you a non-transferable, non-exclusive, license to use the Website for your personal use (the “License”). Nothing in the Terms of Use gives you a right to use the brand names, trademarks, logos, domain names, and other distinctive brand features we provide the Services under without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website shall be subject to the terms of these Terms of Use.

10.4 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) RVezy (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.

11.          IMPORTANT DISCLAIMERS; LIMITATION OF LIABILITY

11.1 No verification; endorsement. Because we do not supervise or control interactions between Renters and Owners, and because RVezy 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) from any liability, responsibility cost, expense or other damage 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. Notwithstanding the foregoing in the event that an RV is damaged during the rental period, or the delivery period (e.g. when the Owner is in the process of delivering the RV to a Renter) in the jurisdictions in which RVezy has a Commercial Automobile Insurance Policy (Ontario, Alberta, Nova Scotia, Quebec, and British Columbia), such damage will be covered in accordance with the policy.

11.2 Service Disclaimer. Except as expressly provided here in with regards to RVezy liability and responsibility when its Commercial Automobile Insurance Policy applies 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.

11.3 LIMITATION OF LIABILITY.  EXCEPT AS EXPRESSLY PROVIDED HERE IN WITH REGARDS TO RVEZY LIABILITY AND RESPONSIBILITY WHEN ITS COMMERCIAL AUTOMOBILE INSURANCE POLICY APPLIES 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.

EXCEPT AS EXPRESSLY PROVIDED HERE IN WITH REGARDS TO RVEZY LIABILITY AND RESPONSIBILITY WHEN ITS COMMERCIAL AUTOMOBILE INSURANCE POLICY APPLIES, 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.

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS EXPRESSLY SET FORTH IN THESE TERMS OR IN ANY SEPARATE WRITTEN AGREEMENT BETWEEN RVEZY AND A USER, IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM OR IN CONNECTION WITH THESE TERMS AND/OR YOUR USE OF THE SERVICES (INCLUDING, BUT NOT LIMITED TO, YOUR BOOKING OR USE OF ANY RV THROUGH THE SERVICES, YOUR LISTING OF ANY RV FOR RENT THROUGH THE SERVICES, ANY OTHER USE OF, OR INABILITY TO USE, THE SERVICES OR ANY CONTENT PROVIDED THROUGH THE SERVICES, OR YOUR INTERACTIONS WITH ANY OTHER USERS THROUGH THE SERVICES OR ARISING FROM YOUR USE OF THE SERVICES) EXCEED THE GREATER OF (1) THE AMOUNT YOU HAVE PAID IN FEES TO RVEZY IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE TWELVE-MONTH (12-MONTH) PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY OR (2) ONE HUNDRED DOLLARS ($100).

THE FOREGOING LIMITATIONS OF LIABILITY ARE FUNDAMENTAL TO THE AGREEMENT BETWEEN YOU AND RVEZY AS SET FORTH IN THESE TERMS.  SOME JURISDICTIONS PRECLUDE OR LIMIT THE LIMITATION OF LAIBILITY FOR CERTAIN CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES – TO THE EXTENT SUCH LIMITATIONS ARE APPLICABLE TO YOU IN CONNECTION WITH YOUR ENTRY INTO THESE TERMS, THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

11.4 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.

12.          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); (c) breach of any warranties or material terms of this Agreement by you (d) your access to or use of the Services; (e) any User Content you post or transmit to the Website; or (f) your (i) interactions with any other user of the Services, or (ii) listing of any RV or booking or use of an RV.

13.          U.S. RESIDENT DISPUTE RESOLUTION; MANDATORY ARBITRATION AND CLASS CLAIM WAIVER

13.1 Mutual Agreement to Arbitrate. If you are a U.S. resident, by entering in these Terms of Service, you and RVezy agree to resolve any disputes between you relating to these Terms of Services or the Services through final and binding arbitration by a single arbitrator, except as set forth under the heading “Exceptions to Agreement to Arbitrate” below. This includes disputes arising out of or relating to interpretation or application of this “U.S. RESIDENT DISPUTE RESOLTION; MANDATORY ARBITRATION AND CLASS CLAIM WAIVER” section, including its enforceability, revocability, or validity.

13.2 Amendment of Dispute Resolution Terms.  Notwithstanding our general right to modify any provisions of these Terms of Service as provide above, if we modify the terms of this “U.S. RESIDENT DISPUTE RESOLTION; MANDATORY ARBITRATION AND CLASS CLAIM WAIVER” section after the date you initially accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice at [email protected]  within 30 days of the effective date of such change.  By rejecting such change(s), you are agree that you will arbitrate any dispute between you and RVezy according to the terms of this “U.S. RESIDENT DISPUTE RESOLTION; MANDATORY ARBITRATION AND CLASS CLAIM WAIVER” section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

13.3 Right to Opt Out of Agreement to Arbitrate.  You have the right to decline to be covered by the obligation to arbitrate set forth in this section by emailing [email protected]] from the email address you used to register your account with us and stating “I opt out of mandatory arbitration” in the subject line of the email within 30 days of initially registering your account with us.  However, if you agreed to a prior version of these Terms of Service that allowed you to opt out of arbitration, your previous choice to opt out or not opt out will remain binding.

13.4 Arbitration Procedures and Location.  The American Arbitration Association (the “AAA”) will administer the arbitration under its Commercial Arbitration Rules (https://adr.org/sites/default/files/Consumer_Rules_Web_1.pdf) and the Supplementary Procedures for Consumer Related Disputes (https://www.adr.org/sites/default/files/Consumer-Related%20Disputes%20Supplementary%20Procedures%20Sep%2015%2C%202005.pdf), or under the AAA’s applicable rules adopted to replace such rules and procedures as are then in effect (collectively, the “AAA Rules”).  The arbitration will be held in the United States county where you live or work, or any other location we agree to.  If the claim subject to arbitration does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and RVezy submit to the arbitrator, unless a party requests a hearing or the arbitrator determines that a hearing is necessary.

13.5 The AAA Rules will govern payment of all arbitration fees, including your responsibility, if applicable, to pay any administrative and arbitrator fees.  RVezy will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

13.6 Exceptions to Agreement to Arbitrate.  Either you or RVezy may assert claims, if they qualify, in small claims court in any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

13.7 No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable, then the entirety of this “U.S. RESIDENT DISPUTE RESOLTION; MANDATORY ARBITRATION AND CLASS CLAIM WAIVER” section will be deemed void.

14.          GENERAL TERMS

14.1 Termination. We may, under certain circumstances and without prior notice, immediately terminate your ability to access the Services or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that you may have with us (including, without limitation, non-payment of any fees owed in connection with the Services or otherwise owed by you to us), (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by you, directly or indirectly, in fraudulent or illegal activities. Termination of your access to the Website may also include removal of some or all of the materials uploaded by you. You acknowledge and agree that all terminations may be made by us in our sole discretion and that we shall not be liable to you or any third-party for any termination of your access to the Website or for the removal of any of the materials uploaded by you to the Website. Any termination of these Terms of Use by us shall be in addition to any and all other rights and remedies that we may have.

14.2 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.

14.3 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.

14.4 Entire Agreement; Enforceability; No Waiver; Governing Law; Venue. These Terms of Use and any documents referenced herein constitute the entire agreement between the parties relating to the Website and Service and all related activities. These Terms of Use shall not be modified except by a new posting of these Terms of Use issued by us. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of us to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by us must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the Terms of Use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. We may assign these Terms of Use without restriction. The Terms of Use shall be governed by the laws of the Province of Ontario without regard to choice of law principles, except that if you are a U.S. resident, these Terms of Use shall be governed by the laws of Florida without regard to choice of law principles and subject to preempting U.S. federal law, including but not limited to the Federal Arbitration Act, 9 U.S.C. § 1 et seq.  You and we agree to submit to the personal jurisdiction the courts of appropriate jurisdiction in Ottawa, Ontario, Canada for any actions other than claims subject to mandatory arbitration pursuant to Section 13 of these terms of use (including any claims described in Section 13.6 (“Exceptions to Agreement to Arbitrate”)).

14.5 English Language. It is the express wish of the parties that these Terms and all related documents be drawn up in English.  C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

14.6 Contact. If you have any questions about these Terms of Use or if you wish to make any complaint or claim with respect to the Website or Services, please contact us at: [email protected]

15.          RVEZY AFFILIATE PROGRAM TERMS

Certain users of our Services may opt to apply for participation in RVezy’s Affiliate Program by submitting an application here: _________.  Participation in the RVezy Affiliate Program is governed by our Affiliate Program Terms and Conditions (the “Affiliate Terms”).  The Affiliate Terms supplement and are made part of these Terms of Use for users who become participants in the Affiliate Program, and such users remain subject to these Terms of Use in connection with their use of the Services.

16.          RVEZY GROUP INSURANCE

IMPORTANT NOTE: RVezy Inc. is neither an insurance company nor an insurance broker. Rather, RVezy has obtained group liability and physical damage insurance policies in Ontario, Alberta, Nova Scotia, Quebec, and British Columbia covering motorhomes in those provinces and covering travel trailers registered anywhere in Canada. RVezy is the named insured on this policy. If you receive protection under this policy, your coverage is provided by third-party insurance companies and/or their brokers.

Intact Insurance has issued a commercial fleet policy which will provide blanket coverage to motorhomes licensed in Ontario, Alberta, Nova Scotia and Quebec and travel trailers (RVs) licensed anywhere in Canada and rented through the RVezy Platform. ICBC has issued a commercial fleet policy which will provide blanket coverage to motorhomes and travel trailers licensed in British Columbia and rented through the RVezy Platform.

Owner Eligibility

For motorhomes registered in Ontario, Alberta, Nova Scotia and Quebec and travel trailers registered in any province or territory in Canada, RVezy currently carries a Commercial Automobile Insurance Policy underwritten by Intact Insurance that provides insurance for motorhomes listed and licensed in the provinces of Ontario, Alberta, Nova Scotia and Quebec and travel trailers listed and licensed in any province or territory in Canada. Notwithstanding the foregoing, for motorhomes registered in British Columbia, RVezy currently carries a Commercial Automobile Insurance Policy underwritten by ICBC that provides insurance for motorhomes and trailers listed and licensed in the province of British Columbia. Owner and Renters must fill out the application and be approved by RVezy. For more information on RVezy’s Commercial Automobile Insurance, click https://www.rvezy.com/en/trust-and-safety. When an RV is in the possession of Renter and during the delivery period (e.g. when the Owner is in the process of delivering the RV to a Renter), RVezy’s Commercial Automobile Insurance Policy is in effect. At all other times, any personal insurance policy of the Owner in respect of the RV will be in effect.

Renter Eligibility

The RVezy Group Insurance Policy is available to Renters of an Ontario, Alberta, Nova Scotia, Quebec, and British Columbia licensed motorhome or Canadian licensed travel trailer from the Owner through the RVezy Platform. Renters must abide by the terms and conditions of this RVezy Group Insurance Policy.

Protection Package Options

“Premium” Package: In the event of a claim, the Renter’s shall pay a deductible of $250 CDN. When damage is reported by the Renter, the Renter will be charged $500 CDN, and if the total costs (direct costs of damage, plus all “Related Costs”, as defined below) are less than $250 CDN, the Renter will be refunded the difference.

“Standard” Package: In the event of a claim, the Renter’s shall pay a deductible of $1,000 CDN, under the same structure described in the Premium package.

In the event of multiple claims during the same rental period then the deductible will be applied to each individual claim.

Coverages

•             $2 Million CDN Third Party Liability and OPCF 40, 44R

•             Standard Accident Benefits

•             Collision and Comprehensive,

•             $5,000 CDN deductible for Motorhomes, $5,000 CDNs deductible for trailers

•             $1,000 deductible during delivery

Coverage, definitions and terms are subject to the Intact policy documents.

Exclusions

RVezy Group Insurance does not protect personal property.

All exclusions and limitations of the OAP 1 (Owner’s Policy) apply.

Conditions

•             Motorhomes must be registered in a personal name, plated and domiciled in Ontario, Alberta, Nova Scotia, Quebec or British Columbia

•             Travel Trailers must be registered in a personal name, plated and domiciled in Canada

•             Rental period does not exceed thirty (30) consecutive days

•             No commercial or business use of trailer or motorhome during rental or delivery period

•             Confirmation of Valid Driver’s license from North America, United Kingdom, European Union or Australia

•             Renter must be 25 years of age or older

•             Renter must be fully licensed for 8 consecutive years or equivalent

•             Renters must have appropriate class of license for vehicle

•             Confirmation of personal insurance policy in place for the Owner*

•             Renter and Owner each have no more than 2 at-fault accidents in the last 6 years *

•             No major, serious or criminal code convictions in the last 3 years for renter and Owner *

•             Renter and Owner have no more than 2 minor convictions in the last 3 years *

•             Renter and Owner do not have more than 1 at-fault accident in the last 6 years and 2 or more minor convictions in the last 6 years *

•             Renter and Owner have no more than two cancellations of automobile insurance in the last 3 years *

•             Renter and Owner have no cancellations of automobile insurance in the last 3 years for material misrepresentation or non-disclosure *

•             Pre and post photos required on every trip uploaded within 24 hours of rental period

•             Walk-though questionnaire required before and after every trip to be signed by Renter and Owner verifying any pre-existing damages

•             Motorhomes must be less than 20yrs old and trailers must be less than 25 years of age

•             Motorhomes must be valued less than $150,000 CDN, trailers must be valued less than $50,000 CDN

•             Motorhomes must be less than 12.2 meters or 40 feet in length

•             Trailers must be factory built and CSA approved

•             Owners must execute a thorough onboarding process in place when Renter picks up the vehicle. Eg. Walkthrough, tutorial on how to safely operate RV, explanation of height restrictions and any other special considerations

Prohibited Travel Areas

•             Mexico

•             Death Valley, California between May 1 and August 31

•             Logging and non-public roads

•             Denali Highway in Alaska

•             Burning Man Festival, Nevada USA

•             Yukon: North Canol Highway,

•             Aishihik Lake Road between Dease Lake and Telegraph Creek

•             Alaska: Dalton Highway (Hwy 11) between Coldfoot and Prudhoe Bay, McCarthy Road between Chitina and McCarthy

•             Authorization must be obtained to travel in the Yukon, Northwest Territories, Nunavut and Alaska

Urban Restrictions

Parking of motorhomes and trailers is prohibited in the greater metropolitan areas of Montreal, QC, Ottawa, Ontario and New York City, New York.

Claims handling

For motorhomes, Intact will impose a $5,000 deductible to the vehicle Owner in the event of a claim. RVezy will reimburse this deductible to the Owner. Failure to follow the terms of service of the website or failure to provide the required pre and post trip inspection checklists may result in the deductible not being reimbursed.

Insurance Fees:

Fees are based on the protection package you choose:

•             Premium: Insurance fees for the premium level protection are calculated on a per night basis. (Nightly prices are are calculated on a number of factors including but not limited too, value, age, size, location of the RV). By selecting the premium package you are responsible for a $250 deductible in the event of damages or a claim.

•             Standard: Insurance fees for the standard level protection are calculated on a per night basis. (Nightly prices are calculated on a number of factors including but not limited too, value, age, size, and location of the RV). By selecting the standard package you are responsible for a $1000 deductible in the event of damages or a claim.

RVezy holds the right to charge the credit card on file the total amount of the protection plan that the Renter chooses in the event of a claim. A deductible will be applied to each claim made during the rental period.

If a Renter has a personal insurance policy in place, the Renter may be able to make claim on his or her personal insurance policy, subject to the terms of the policy, to recover the amount of the deductible. Renter may only do so after the claim has been resolved by RVezy.

RVezy’s commercial insurance policy is in place during the rental period and any claim arising during a rental is treated along the terms of the commercial policy. Should a renter’s personal policy want to cover the deductible associated to the claim is must be done so after the claim has been resolved by RVezy.

Incident reporting

Must be reported directly to RVezy through email [email protected] or by phone at 1-855-MYRVEZY. After hour claims can be reported directly to Intact insurance.

Once reported to RVezy, RVezy will report the claim to our insurance providers. For all collision claims where there is a third party involved, injuries or property damage to a third party must be reported to the insurance provider. The insurance provider will then investigate claim, determine fault and apply the deductible accordingly.

Last updated: December 1st, 2020