Wheelbase Terms of Service
Last Updated: October 2018
If we update or make changes to these policies, we’ll notify you via email and provide you quick access to the changes through the website.
THE SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH RENTAL AGENCIES (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR RVS (DEFINED BELOW) AND RENTERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK RVS. YOU UNDERSTAND AND AGREE THAT WHEELBASE IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN OWNERS AND RENTERS, NOR IS WHEELBASE AN RV BROKER, AGENT OR INSURER. WHEELBASE HAS NO CONTROL OVER THE CONDUCT OF OWNERS, RENTERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY RVS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
“RV” means recreational vehicles.
“Wheelbase Content” means all Content that Wheelbase makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
“Wheelbase” means Wheelbase booking and reservation interface for professional agencies
“Collective Content” means Rental Agency Content, Member Content and Wheelbase Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information and any other content or materials.
“Renter” means a Member who requests a booking of a RV via the Services, or a Member who uses a RV and is not the Owner for such RV.
“Rental Agency” means an Agency who creates a Listing via the Services.
“Listing” means a vehicle that is listed by an Owner as available for rental via the Services.
“Member” means a person who completes the Wheelbase account registration process, including, but not limited to Owners and Renters, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Services.
“Tax” or “Taxes” mean any sales taxes, goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
Certain areas of the Services (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Services, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Services.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Wheelbase reserves the right, at its sole discretion, to modify the Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Services or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older. The minimum age to rent an insured vehicle is 25 years old.
How the Services Work
The Services can be used to facilitate the listing and booking of RVs. Such RVs are included in Listings on the Services by Agencies and Fleet Operators. You may view Listings as an unregistered visitor to the Services; however, if you wish to book a RV or create a Listing, you must first register to create a Wheelbase Account (defined below).
Wheelbase makes available an application called WheelbasePro for professional rental agencies and professional users.Wheelbase is not an owner or operator of RVs, including, but not limited to, trailers, towables, campers, vans, coaches, or other RVs, nor is it a provider of RVs and Wheelbase does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control RVs, or transportation or travel services. Wheelbase’s responsibilities are limited to: (i) facilitating the availability of the Services and (ii) serving as the limited agent of each Agency for the purpose of accepting payments from Renters on behalf of the Agency.
PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF RVS. WHEELBASE CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY RVS. WHEELBASE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND RVS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE RENTER’S AND OWNER’S OWN RISK.
Renter Eligibility and Application Process The following are the minimum eligibility requirements as a renter: Renter’s must hold a current, valid (non-temporary) driver’s license, and present their license to the Owner or Rental Agency when they begin the rental. Renters must be at least 25 years of age. They are required to demonstrate at least three years of current, U.S. or international licensed driving history. If a renter holds a foreign license, they must be at least 25, and must provide a photograph of their passport and of their international drivers permit or license. They must possess a mobile phone in their own name that Wheelbase can verify through text message and must be a registered user of Outdoorsy or Wheelbase.
In order to access certain features of the Services, and to book a RV or create a Listing, you must register to create an account (“Wheelbase Account”) and become a Wheelbase user. You may register to join the Services directly via the Services or as described in this section.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH ANY THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.
Wheelbase makes no effort to review any Third Party Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Wheelbase is not responsible for any Third Party Content.
We will create your Wheelbase Account and your Wheelbase Account profile page for your use of the Services based upon the personal information you provide to us or that we obtain via a Third Party as described above. You may not have more than one (1) active Wheelbase Account unless you operate multiple rental locations. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Wheelbase reserves the right to suspend or terminate your Wheelbase Account and your access to the Services if you create more than one (1)Wheelbase Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Wheelbase Account, whether or not you have authorized such activities or actions. You will immediately notify Wheelbase of any unauthorized use of your Wheelbase Account.
As a Wheelbase user, you may create Listings. To this end, you will be asked a variety of questions about the RV to be listed, including, but not limited to, the value, location, size, features, availability of the RV, pricing, related rules, and financial terms. You acknowledge and agree that Listings will be made publicly available via the Services, which may include your website and the Outdoorsy marketplace. Renters will be able to book your RV via the Services based upon the information provided in your Listing. You understand and agree that once a Renter requests a booking of your RV, the price for such booking may not be altered without contacting customer service. To have your vehicle insured through Wheelbase, your vehicle must first pass the Wheelbase vehicle requirements certification, which can be found here:(http://wheelbase.com/vehicle certification)
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Renter use of, a RV in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any RV included in a Listing you post, including, but not limited to, insurance requirements, Department of Motor Vehicle regulations, zoning laws, and laws governing rentals and operation of RVs and (b) not conflict with the rights of third parties. Please note that Wheelbase assumes no responsibility for an Owner’s compliance with any applicable laws, rules and regulations. Wheelbase is not responsible for any damages to an RV rented through our site and you will hold Wheelbase harmless for any claims related to damages, injury, insurance claims, towing, service or repairs, tolls, fines, traffic violations. Wheelbase reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Wheelbase, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.
You understand and agree that Wheelbase does not act as an insurer or as a contracting agent for you as an Agency or an Owner. If a Renter requests a booking of your RV and uses your RV, any agreement you enter into with such Renter is between you and the Renter and Wheelbase is not a party thereto. Notwithstanding the foregoing, Wheelbase serves as the limited authorized agent of the Agency or Owner for the purpose of providing rental insurance through a commercial underwriter and accepting payments from Renters on behalf of the Agency of Owner and is responsible for transmitting such payments to the Agency or Owner.
When you create a Listing, you may also choose to include certain requirements which must be met by Renters who are eligible to request a booking of your RV, including, but not limited to, requiring Renters to have a profile picture or verified phone number, in order to book your RV. Any Renter wishing to book RVs included in Listings with such requirements must meet these requirements; however, as noted below, we do not attempt to confirm or verify such information. More information on how to set such requirements is available via the “Agency” section of the Services.
If you are a Rental Agency or Owner, Wheelbase makes certain tools available to you to help you to make informed decisions about which Renters you choose to confirm for booking your RV. The Wheelbase software helps you manage bookings and reservations and make informed decisions about Renters you choose to confirm for booking your RV.You acknowledge and agree that, as an Agency or Owner, you are responsible for your own acts and omissions.
Wheelbase does not endorse any Members or any RVs. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity or other information provided by such Member. You are responsible for determining the identity and suitability of others who you contact via the Services. Except as provided by the Wheelbase Terms and Conditions, we will not be responsible for any damage or harm resulting from your interactions with other Members. (Please see Wheelbase Terms and Conditions (https://www.wheelbase.com/terms-and-conditions) for information.)
By using the Wheelbase Software, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Renters or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Wheelbase with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Renters on the Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by an Agency or Owner against Wheelbase regarding the remittance of payments received from a Renter by Wheelbase on behalf of an Agency or Owner, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
Bookings and Financial Terms
If you are a Rental Agency or Owner and a booking is requested for your RV via the Wheelbase Services, or via Wheelbase widgets installed on your website, you may be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Wheelbase in its sole discretion) or the booking request may be automatically canceled. When a booking is requested via the Wheelbase Services, we will share with you (i) the first and last name of the Renter who has requested the booking, and, (ii) a link to the Renter’s Account profile page on Outdoorsy so that you can view such information before confirming or rejecting the booking. If you are unable to confirm or decide to reject a booking of a RV within such 24 hour period, any amounts collected by Wheelbase for the requested booking may be refunded to the applicable Renter’s credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Renter, Wheelbase will send you an email, text message or message via the Services confirming such booking, depending on the selections you make via the Services.
The fees displayed in each Listing are comprised of the RV Fees (defined below), the Renter Fees (defined below); and any Premium Services Fees (defined below). Where applicable, Taxes may be charged in addition to the RV Fees and Renter Fees. The RV Fees, Premium Services Fees, and the Renter Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Renter solely relating to an Owner’s RV which are actually collected by Outdoorsy are the “RV Fees”. Please note that it is the Agency or the Owner and not Wheelbase who determines the RV Fees. The RV Fees may include cleaning fees, security deposits, pre-paid fuel charges, at the Agency and the Owner’s discretion.
Wheelbase enables the Agency to charge a fee to Renters based upon a percentage of applicable RV Fees, which are the “Service Fees”. The Service Fees are added to the RV Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Listing. Wheelbase Software allows you to collect the Total Fees at the time of booking confirmation (i.e. when the Agency or Owner confirms the booking within 24 hours of the booking request) and will initiate payment of the RV Fees (less Wheelbase Service Fees as defined in the Fees Policyhttps://www.wheelbase.com/service-fees) to the Agency the next business day after the Renter arrives at the applicable RV (except to the extent that a refund is due to the Renter). Failure to charge any of the fees or other indulgences shall not constitute a waiver of the right to exercise the same in the event another fee should become due at any other time.
Appointment of Wheelbase as Payment Agent for Agency and Owner
Each Agency or Owner hereby appoints Wheelbase as the limited agent solely for the purpose of collecting payments made by Renters on behalf of the Agency or Owner. Each Agency or Owner agrees that payment of RV fees made by a Renter to Wheelbase shall be considered the same as a payment made directly to the Agency or Owner and the Agency or Owner will make the RV available to Renter in the agreed upon manner as if the Agency or Owner has received the RV Fees. Each Agency or Owner agrees that Wheelbase may, in accordance with the cancellation policy selected by the Agency or Owner and reflected in the relevant Listing, (i) permit the Renter to cancel the booking and (ii) refund to the Renter that portion of the RV Fees specified in the applicable cancellation policy. In accepting appointment as the limited authorized agent of the Agency or Owner, Wheelbase assumes no liability for any acts or omissions of the Agency or Owner.
Bookings and Financial Terms for Renters
The Agency or Owner, not Wheelbase, are solely responsible for honoring any confirmed bookings and making available any RVs reserved through the Wheelbase Software. You acknowledge and agree that you, and not Wheelbase, will be responsible for performing the obligations of any such agreements, that Wheelbase is not a party to such agreements, and that, with the exception of its obligations hereunder to pay RV Fees to the applicable Agency or Owner, Wheelbase disclaims all liability arising from or related to any such agreements.
Listings for RVs will specify the Total Fees. As noted above, the Agency or Owner is required to either confirm or reject the booking in the Wheelbase Software when the booking is requested or the requested booking may be automatically canceled. If a requested booking is canceled (i.e. not confirmed by the applicable Agency or Owner), any amounts collected through Wheelbase will be refunded to Renter, depending on the selections the Renter makes via the Services, and any pre-authorization of such Renter’s credit card will be released, if applicable.
You agree to pay Wheelbase for the Total Fees for any booking requested in connection with your Wheelbase Account if such requested bookings are confirmed by the applicable Agency or Owner. In order to establish a booking pending the applicable Agency or Owner’s confirmation of a requested booking, you understand and agree that Wheelbase, on behalf of the Agency or Owner, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via a Renter’s credit card for the Total Fees or (ii) charge the credit card a nominal amount, not to exceed one dollar ($1) to verify the Renter’s credit card. Once Wheelbase receives confirmation of a booking from the applicable Agency or Owner, Wheelbase will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that Wheelbase cannot control any fees that may be charged to a Renter by his or her bank related to Wheelbase collection of the Total Fees, and Wheelbase disclaims all liability in this regard.
In connection with a Renter’s requested booking, they will be asked to provide customary billing information such as name, billing address and credit card information either to Wheelbase or its third party payment processor. You agree to pay Wheelbase for any confirmed bookings made in connection with your Wheelbase Account in accordance with these Terms by one of the methods described on the Site or Application – e.g. by cash or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking directly by Wheelbase.You also authorize Wheelbase to charge the Renter’s credit card in the event of damage caused on a RV as contemplated under “Damage to RVs” below and for Security Deposits (as defined below), if applicable. Once a confirmed booking transaction is complete you will receive a confirmation email in Wheelbase summarizing the confirmed booking.
You agree that you may not use the Wheelbase Services and then complete a booking of a RV transaction outside of the Wheelbase Services in order to circumvent the obligation to pay any portion of Service Fees related to Wheelbase provision of the Services.If you circumvent any portion of the Service Fees related to the Wheelbase Software, Wheelbase reserves the right to reject or deny the related transaction as (i) a valid transaction, (ii) no insurance coverage will be applied to the rental and, (iii) all other insurance coverages may be suspended and, (iv) Wheelbase will have no responsibility nor obligation to the parties engaged in the transaction.
Wheelbase Agencies, Professionals and Dealers customarily include a security deposit requirement in their Listings (“Security Deposits”). For all Security Deposits included in a Listing for a confirmed booking of an RV, Wheelbase will, in its capacity as the payment agent of the Agency or Owner, use its commercially reasonable efforts to obtain a pre-authorization of the Renter’s credit card in the amount the Agency or Owner determines for the Security Deposit within a reasonable time prior to the Renter’s check-in at the applicable Owner’s RV. Wheelbase will also use its commercially reasonable efforts to address Agency or Owners’ requests and claims related to Security Deposits provided that insurance claims are made within 7 days of the return of a rental.Security deposits will be charged to the Renter on behalf of the Agency or Owner in order to cover the deductible for insurance claims related to valid damages that occur during the rental period. Wheelbase is not required to administer or accept claims by Agencies or Owners related to Security Deposits and reserves the right to disclaim any and all liability in this regard. Any damage to the rental unit that is not covered by insurance is the responsibility of the renter and will be deducted from damage claims.
In consideration for providing the Services, Wheelbase Software collects service fees from Agencies, Owners and Renters (“Service Fees”). Service Fees are made up of two (2) components: (i) Renter Service Fees and (ii) an Agency / Owner Service Fees that are charged to the Owner based upon a percentage of the amount of the RV Fees (“Owner Fees”). Where applicable, Taxes may also be charged in addition to the Owner Fees. Wheelbase Fees are deducted from the rental subtotal before remitting the Fees to the Agency or Owner, within 24 hours of when the Renter arrives at the applicable RV. Renter Fees are, as noted above, included in the Total Fees.
Balances will be remitted by Wheelbase to Agency or Owners direct deposit or other payment methods described on the Services, in US dollars. More information on Services Fees can be found at https://www.wheelbase.com/service-fees. Except as otherwise provided herein, Service Fees are non-refundable.
General Booking and Financial Terms
Renters are required to provide certain personal information through the Wheelbase renter verification program in order to rent insured RVs through Wheelbase, which can be found here (http://wheelbase.com/renter verification). Renters will be asked to provide a valid (i) Drivers License Number, State of Issue, their Name and Address, (ii) DOB, (iii) SSN, (iv) verification of at least 3 years driving experience, (v) current insurance provider, (vi), an international drivers permit and a valid Passport (for international renters).
Wheelbase provides opt-in insurance coverage for qualified vehicles and DMV verified renters. Liability, comprehensive and collision insurance coverage is available only for renters during the rental period for rentals that are transacted through the Wheelbase software and only where renters have successfully passed a DMV verification and where the vehicle meets the certifications and requirements stipulated in the listing process and the maintenance and inspection schedule.In addition, insurance coverage is only made available to verified users where use of the Wheelbase Services and the full and complete booking of a rental transaction is transacted through the Wheelbase system.Any Agency or Owner who transacts any portion of rental outside of the Wheelbase Services, such transaction will be denied insurance protection.If any Agency or Owner circumvents any portion of Wheelbase or Wheelbase Service Fees, Wheelbase reserves the right to reject or deny insurance coverage across all vehicles under management by Agency or Owner, and all related transactions will be deemed invalid for insurance coverage, and Wheelbase will have no responsibility or obligation to provide insurance coverage to any of the parties.For Cash transactions, Wheelbase provides a method for the collection of Service Fees whereby the Agency or Owner can input their credit card information to ensure the payment of Service Fees at the time of a booking or at checkout.Rentals are only insurable in the U.S., Puerto Rico, the U.S. Virgin Islands, U.S. Military locations and U.S. controlled territories and Canada. Any vehicle that attempts to enter into Mexico will not be covered under the insurance program.
Unless otherwise stipulated in the insurance coverage, the Renter is responsible for all damage to the rental, missing equipment, down time, and the RV owner’s administrative expenses connected with loss irrespective of the cause of damage or loss or the negligence or lack thereof of Renter. Renter is responsible for loss due to theft of the rental. Renter is responsible for all damages due to vandalism of the rental. When accepting the rental, Renter and Agency or Owner will complete a Walk-Thru Report of the rental, noting in writing any and all defects or damage to the rental prior to Renter’s acceptance of same.
Upon return of the rental, the Agency or Owner will be given a reasonable amount of time to inspect the rental and will note any and all defects or damage to the vehicle. The initial walk-through upon return is not the final inspection. Wheelbase is not responsible for personal property left in the rental. All defects and/or damage to the rental noted in the return inspection which are not noted on the Walk-Through report completed by Renter and Agency or Owner when accepting the rental shall be the sole responsibility of Agency or Owner and Renter, and Renter shall reimburse the Agency or Owner for the cost of the repair. To the extent that the security deposit actually paid to the Agency or Owner is insufficient to cover the costs incurred by Renter, Renter will make immediate payment to Agency or Owner upon demand. Agency or Owner must report all accidents or incidents of theft or vandalism to the police as soon as Agency or Owners discovers them and provide a copy of the police report to Wheelbase. Renter must report all accidents involving the rental to Agency or Owner within 24 hours of occurrence and provide a copy of the accident report to Wheelbase and the Agency or Owner.
Renter acknowledges and agrees that no person shall be allowed to drive the rental who is not at least the age of 25, a holder of a valid driver’s license in his or her actual possession, and approved through Wheelbase’s DMV verification, insurance or through a third party insurance binder. Renters acknowledge that recreational rentals can be very large and handle differently from passenger cars. The rental requires more skill and expertise to operate safely than a passenger rental. The rental requires more clearance above, in front of, behind, and beside them to operate safely, and the use of mirrors and direct visual verification are always required to maintain knowledge of the location of adjacent rentals and obstacles on the roadway. Due to size and handling characteristics, the rental shall not be operated at speeds in excess of 55 miles per hour regardless of the posted speed limit.
Renter and Wheelbase Agency represents and warrants that any person who operates the rental will have passed DMV verification and will have the skill and expertise to do so safely and free from negligence. Renter acknowledges that the qualifications of any driver of the rental are solely at the discretion and risk of Renter and that Wheelbase has not evaluated the skill and expertise of any such driver.
Renter acknowledges that Wheelbase has no control over the number of passengers a Renter may allow into the rental or the conduct of those occupants while the rental is being operated. Therefore, Renter acknowledges that Renter is solely responsible for the passengers on board the rental as well as the conduct of those passengers, and Renter and Wheelbase Agency shall confirm that both driver and passengers are properly using seat belts while the rental is in motion.
Allowed Use of the Rental
All rentals may only be used on those public roadways with sufficient width and clearance to allow the rental to be operated safely and without damage. Under no circumstances may the rental be operated off road. If Agency or Owner provides a driver for the rental, Renter remains responsible for all damage to the rental, missing equipment, down time, and Agency or Owner’s administrative expenses connected with damage regardless of whether or not Renter or the driver is at fault. Any violation of these terms will result in loss of insurance coverage.
Under no circumstance shall:
The rental be driven outside the United States and Canada. Renter allows anything to be towed behind the rental unless specified. The awning be unrolled or used without prior approval. Anyone be allowed on the roof of the rental. Anyone occupy any towed rental while it is in motion.
The rental may not be taken into Mexico as Wheelbase insurance is not valid in Mexico
Insurance, Tickets, Tolls & Citations
Renter must purchase Wheelbase insurance or provide an alternative proof of insurance before renting. Insurance costs are included in the service fees paid to Wheelbase. Insurance costs may be adjusted without notice, and on a case by case basis depending upon rate and size of claims submitted by RV Owners or agents. Renter is solely responsible for any and all parking tickets, citations, toll charges and other charges issued during Renter’s contractual possession of the rental.
The laws of some states require us to furnish you with the following notices:
WARNING. Any person who knowingly:
Alaska: 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 and Arkansas: presents a false or fraudulent claim for payment of a loss or benefit is subject to criminal and civil penalties, or specific to AR: presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
California, Louisiana, New Mexico and Texas: presents a false or fraudulent claim for the payment of a loss or benefit (or specific to LA and TX: 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, (or specific to NM: to civil fines and criminal penalties.)
Delaware: 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.
Florida: 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.
Idaho and Indiana: and with intent to defraud or deceive any insurance company, files a statement of claim containing any false, incomplete, or misleading information (for Idaho) is guilty of and (for Indiana) commits a felony.
Kentucky, New York and Pennsylvania: 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, specific to PA: subjects such person to criminal and civil penalties and specific to NY: shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation.
New Jersey: files a statement of claim containing any false or misleading information is subject to criminal and civil penalties.
Ohio: 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: 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.
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.
District of Columbia, Tennessee and Virginia: 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, (or specific to DC: any other person.) Penalties include imprisonment and/or fines. In addition, an insurer may deny insurance benefits if false information materially related to a claim was provided by the applicant.
Hawaii: Presenting a fraudulent claim for payment of a loss or benefit is a crime punishable by fines or imprisonment, or both.
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 638.20.
Maintenance and Breakdown
Rental Agency and Owner are responsible for inspecting brakes, tires and LP gas systems every 90 days and shall keep maintenance records affirming that these systems are inspected at a minimum of each 90 days.Tires must be at fifty percent (50%) tread wear or greater for each rental.Rental Agency, Owner and Renters are responsible for inspecting all fluid levels, including oil and coolant levels at each refueling. Rental Agency, Owner and Renter are responsible for checking air tire pressure, lug nuts and wheels at each refueling and are responsible for mechanical damages due to negligence in operation and/or maintenance.
Hauling and Delivery
All liability for damages relating to a delivered rental begins when the rental leaves the Rental Agency or Owners place of origin and ends when the rental is re-turned to the RV owner’s place of origin. This includes tire blowout, damage to the rental, or property of the facility where the rental is delivered and/ or picked up.
Right of Possession
RV owners and Rental Agencies shall always have superior right of possession of the rental over Renter. In the event that the RV owners or Rental Agency officers or employees, in their sole and absolute discretion, determine that the rental is at risk of damage or loss, the RV owner shall have the absolute right, but not the obligation, to recover the rental from Renter regardless of the amount of time remaining in the rental Agreement. In the event Dealer recovers a rental from Renter, in addition to those costs payable pursuant to other parts of this Agreement, Renter shall pay all costs associated with such recovery including, but not limited to, employee wages, travel costs, fuel and repairs.
Renter agrees not to drive in a careless or negligent manner while driving a Rented vehicle, nor drive while under the influence of alcohol or drugs, nor permit operation of the vehicle by any person except those signed to the Agencies rental agreement. Renter further agrees not to use, or permit use of the rental for unlawful purposes. Renters will hold Wheelbase harmless from any and all fines and penalties incurred during the rental period caused directly or indirectly by negligence, misuse or carelessness. Renter further agrees to indemnify and hold harmless Wheelbase from and against any and all claims for loss of, or damage to property, or injury to person, including death, resulting from the use and operation of the rented unit. Unless prohibited by law, you release Wheelbase from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle.
Renter shall hold harmless, RV owners, Rental Agency and Dealers, Wheelbase and its authorized agents and employees from and against all loss, bodily injury, damages and expenses, including legal expenses, of any kind arising from my rental unit during rental possession extending to such time use is finalized and cleared by the RV owner, Rental Agency or Dealer, including without limitations, latent and other defects whether or not discoverable by you or RV owner, Rental Agency or Dealer. This indemnity shall continue in effect at all times despite the return of the rental before or after expiration of the contract terms whether by formal request from RV owner, Dealer or otherwise. It is agreed and understood that the RV owner, Dealer and Wheelbase may control the defense of any such claim. Any violation of these terms will result in denial of insurance coverage.
Damage to RVs
The Renter is responsible for leaving any rented RV in the condition it was in when they picked up the RV. Renter and Rental Agency acknowledge and agree that you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to the RV. In the event that a RV Owner or Rental Agency claims otherwise and provides evidence of damage, including but not limited to, photographs, you, the Renter, agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the security deposit payment will be charged to and taken from the Renter’s credit card on file in the Wheelbase system. You agree that unless you have purchased or have been qualified for insurance through Wheelbase that you will hold Wheelbase harmless and that Wheelbase has no responsibility for any damages that are caused to an RV or to any person. Wheelbase also reserves the right to charge the credit card on file in the Rental Agency Wheelbase Account, or otherwise collect payment from you and pursue any avenues available to Wheelbase in this regard, including using Security Deposits, in situations in which you have been determined, in Wheelbase sole discretion, to have damaged the RV, including, but not limited to, in relation to any payment requests made by RV Rental Agency or Owner, and in relation to any payments made by Wheelbase to Rental Agency or RV Owners.
Rental Agency, RV Owner and Renter agree to cooperate with and assist Wheelbase in good faith, and to provide Wheelbase with such information and take such actions as may be reasonably requested by Wheelbase, in connection with any complaints or claims made by Renters relating to RVs or any personal or other property located at a RV or with respect to any investigation undertaken by Wheelbase or a representative of Wheelbase regarding use or abuse of the Wheelbase Services. You agree to participate in mediation or similar resolution process, which process will be conducted by Wheelbase or a third party selected by Wheelbase with respect to losses for which the RV Owner is requesting payment from Wheelbase under these terms. Any violation of these terms of service will result in denial of insurance coverage.
Cancellations and Refunds
If a Renter cancels their requested booking before the requested booking is confirmed by the Rental Agency or Owner, Wheelbase software may be used to cancel any pre-authorization to the Renter’s credit card and/or refund any nominal amounts charged to Renter’s credit card in connection with the requested booking within a commercially reasonable time. If a Renter wishes to cancel a confirmed booking made via the Wheelbase Services, either prior to or after arriving at the RV, the cancellation policy of the Rental Agency in the applicable Listing will apply to such cancellation. Wheelbase’s ability to refund the rental fees and other amounts charged to Renter will depend upon the terms of the applicable cancellation policy.
IRS regulation, regarding federal tax reporting requirements, stipulates that Wheelbase must collect IRS Form W-9 from all Rental Agencies and Owner in the United States. You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Wheelbase cannot and does not offer Tax-related advice to any Rental Agencies, Owners or users of the Wheelbase Services. Additionally, please note that each Rental Agencies or Owners is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Wheelbase Services and Content. In connection with your use of the Wheelbase Services, you may not and you agree that you will not:
violate any local, state, provincial, national, park, campground or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, admiralty law and Tax regulations;
use manual or automated software, devices, scripts, robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Services or Content;
- use the Services for any commercial or other purposes that are not expressly permitted by these Terms;
- copy, store or otherwise access any information contained on the Services or Content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Services in connection with the distribution of unsolicited commercial email (“spam“) or advertisements unrelated to lodging in a private residence;
- “stalk” or harass any other user of our Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Wheelbase Agency, Owner or Renter;
- offer, as an Agency or Owner, any RVs that you do not yourself own or have permission to rent
- offer, as an Agency or Owner, any RV that may not be rented pursuant to the terms and conditions of an agreement with a third party;
- encourage any Renter to transact a booking outside of the Wheelbase Services;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information or otherwise interact with the Services;
- use the Services to booked a rental and then complete a booking of a RV rental independent of the Services in order to circumvent the obligation to pay any Service Fees related to Wheelbase’s provision of the Services;
- as an Agency or Owner, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
- post, upload, publish, submit or transmit any Content that, in Wheelbases’ judgment: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Services, or any individual element within the Services, Wheelbase name, trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Wheelbase’s express written consent;
- access, tamper with, or use non-public areas of the Services, Wheelbase’s computer systems, or the technical delivery systems of Wheelbase’s providers;
- attempt to probe, scan, or test the vulnerability of any Wheelbase system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Wheelbase or any of Wheelbase’s providers or any other third party (including another user) to protect the Services or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Collective Content; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
- Wheelbase will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Wheelbase may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Wheelbase has no obligation to monitor your access to or use of the Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Wheelbase reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Wheelbase, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.
The Services and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Services and Collective Content, including all associated intellectual property rights is the exclusive property of Wheelbase and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Collective Content.
Wheelbase Content and Member Content License
Subject to your compliance with these Terms, Wheelbase grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Wheelbase Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Outdoorsy or its licensors, except for the licenses and rights expressly granted in these Terms.
By making available any Member Content on or through the Site, Application and Services, you hereby grant to Wheelbase a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, access and view Member Content on, through, or by means of the Wheelbase Services or otherwise. Wheelbase does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Wheelbase Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Wheelbase and Outdoorsy the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Wheelbase and Outdoorsy’s use of the Member Content (or any portion thereof) on, through or by means of the Services or otherwise will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Services may contain links to third-party websites or resources. You acknowledge and agree that Wheelbase is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Wheelbase of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Wheelbase and Outdoorsy used herein are trademarks or registered trademarks of Wheelbase and Outdoorsy. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback through our support portal via a support ticket. You acknowledge and agree that all Feedback will be the sole and exclusive property of Wheelbase and Outdoorsy and you hereby irrevocably assign to Wheelbase and Outdoorsy and agree to irrevocably assign to Wheelbase and Outdoorsy all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein.
Termination and Wheelbase Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice: (a) terminate these Terms or your access to our Services, and (b) deactivate or cancel your Wheelbase Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Wheelbase terminates these Terms, or your access to our Services or deactivates or cancels your Wheelbase Account you will remain liable for all amounts due hereunder. You may cancel your Wheelbase Account at any time by contacting us via a support ticket. Please note that if your Wheelbase Account is canceled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT WHEELBASE DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, RENTERS AND OWNERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES, COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WHEELBASE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WHEELBASE MAKES NO WARRANTY THAT THE SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY RVS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WHEELBASE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, RVS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM WHEELBASE OR THROUGH THE SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR RENTERS. YOU UNDERSTAND THAT WHEELBASE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR INSPECT ANY RVS. WHEELBASE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RENTERS AND OWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY WHEELBASE.
NOTWITHSTANDING WHEELBASE’S APPOINTMENT AS THE LIMITED AGENT OF THE RENTAL AGENCY OR OWNERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM RENTERS ON BEHALF OF THE OWNERS, WHEELBASE EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF AND USE OF ANY RVS VIA THE SERVICES AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SERVICES WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER WHEELBASE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, OR FROM YOUR LISTING, BOOKING, OR USE OF ANY RV VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WHEELBASE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE OWNERS PURSUANT TO THESE TERMS, IN NO EVENT WILL WHEELBASE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING, BOOKING OR USE OF ANY RV VIA THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY RV OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A RENTER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE AN OWNER, THE AMOUNTS PAID BY WHEELBASE TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OUTDOORSY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold Wheelbase, Outdoorsy and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Services or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking or use of a RV, (iii) creation of a Listing or (iv) the use, condition or rental of a RV by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a RV.
Export Control and Restricted Countries
By using the Services, you represent and warrant that (i) neither you nor your listed RV is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. Wheelbase does not permit Listings associated with certain countries due to U.S. embargo restrictions.
If you interact with another user of the Services who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Wheelbase by contacting us with your police station and report number via a support ticket; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between Wheelbase and you regarding the Services, Collective Content, and any bookings or Listings of RVs made via the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Wheelbase and you regarding the foregoing.
You may not assign or transfer these Terms, by operation of law or otherwise, without Wheelbase’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Wheelbase may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Wheelbase (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in San Francisco County, San Francisco, California or a United States District Court, Northern District of California located in San Francisco, California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
You and Wheelbase agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. YOU ACKNOWLEDGE AND AGREE THAT YOU AND WHEELBASE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Wheelbase otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://adr.org/aaa/ShowPDF?doc=ADRSTG_004314.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Wheelbase otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Outdoorsy submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Wheelbase will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $200,000, Wheelbase will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the “Modification” section above, if Wheelbase changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (via a support ticket within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Wheelbase’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Wheelbase in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
The failure of Wheelbase to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Wheelbase. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms of Service, please contact Wheelbase Support via a support ticket.