Last Updated Sat Jul 13 10:57:56 2019
PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE LIMITATIONS AND EXCLUSIONS, AS WELL AS A CLAUSE THAT LIMITS YOUR LEGAL REMEDIES,INCLUDING YOUR RIGHT TO FILE SUIT IN A COURT OF LAW INDIVIDUALLY OR AS A CLASS ACTION. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TOTHE FOLLOWING TERMS. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES.
THE SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH OWNERS MAY CREATE LISTINGS FORRVS AND RENTERS MAY LEARN ABOUT AND ARRANGE TO RENT RVS. YOU UNDERSTAND AND AGREE THAT ANY AGREEMENT TO RENT AN RV ARRANGED THROUGH THE SITE IS AN AGREEMENT BETWEEN YOU ANDTHE OWNER OF THE VEHICLE AND THAT LuckyRV IS NOT A PARTY TO ANY SUCH AGREEMENTS NOR ISLuckyRV AN RV BROKER, AGENT OR INSURER. LuckyRV HAS NO CONTROL OVER THE CONDUCT OF OWNERS, RENTERS AND OTHER USERS OF THE SITE, OR SERVICES, AND DISCLAIMS ALL LIABILITY FOR SUCH CONDUCT EXCEPT AS EXPRESSLY PROVIDED HEREIN.
1.2 Updates to these Terms
These Terms apply to any use of the Site and any LuckyRV Services provided to or received by you. Your use and continued use of the Site constitutes agreement and acceptance of these terms. LuckyRV may modify or replace these Terms from time to time by publishing a new version on the Site. Updated Terms will be published on the Site with the date of the update. Your continued use of the Site following any amendment or replacement of the Terms constitutes your acceptance of the Terms as amended or replaced. If the Terms are updated and you do not agree to such updated Terms, you may not use the LuckyRV platform or the Site.
1.3 Other LuckyRV Policies
In addition to these Terms, You agree that you will comply with all written rules, agreements, and policies that are made available by LuckyRV on the Site or in connection with the Services, which are hereby incorporated herein by reference. These include, without limitation:
Fees Policy (available in Members Area > Manage Reservations > Com Chart)
Cancellation Policy (Listed on each Owners Listing)
Insurance Info (Listed on each Owners Listing)
Roadside Policy (available at https://www.LuckyRV.com/roadside.pl)
"Additional Charges" means any fee charged by Owner listed on Booking Agreement.
"Damage" includes any and all damage to any part of the Vehicle including broken parts, dents, stains, broken, cracked or chipped windscreens, damaged tires, theft, fire, break in or vandalism.
"Renter" or "you" means a person who uses the Site as a Renter and who makes a booking with respect of a Vehicle.
"LuckyRV," "we," "us," or "our" means ASGweb, LLC.
"Owner" means a person registered as the owner of a Vehicle on the Site.
"Owner's Rental Fee" means the fee for renting out the RV, which will include a daily charge, and any â€˜per hire' charges for cleaning, laundry, additional rental items, etc.
"Pick Up / Drop Off Report" means the report, in the form provided on the Site, to be completed at the commencement and the conclusion of the Rental Period.
"Rental Period" means the period from the day of pick up to the day of return of theVehicle, as recorded under the relevant booking on the Site.
"Rental Price" means price paid or payable by a Renter for rental of a Vehicle as specified on the Site.
"Services" means any services provided by LuckyRV or an agent or representative of LuckyRV including (but not limited to) any roadside assistance.
"Site" means the online platform provided by LuckyRV, accessible athttps://www.LuckyRV.com, such other websites through which the LuckyRV platform is made available, or the LuckyRV mobile application.
"Tax" means any sales or use tax chargeable under any state, federal or local law.
"Terms" mean these Terms of Service.
"Vehicle" means a recreational Vehicle ("RV") that has been registered on the Site.
"Vehicle Accessories" means all accessories including camping utensils and other equipment or additional hire items related to the Vehicle.
"Security Deposit" means the amount Owner charges to be used for damage protection.
"Reservation Deposit" means the amount charged and paid to reserve a Vehicle.
"listing" means the information displayed on Site describing details of Vehicle.
2. Registration as a Renter
2.1 If you wish to rent a Vehicle, your booking is considered your registration on the Site. To register to be a Renter or drive a vehicle, you must satisfy the following minimum eligibility requirements:
(a) You must complete the booking process on the Site and, by doing so, you are deemed to have agreed to these Terms;
(b) You must be at least 25 years old and be able to demonstrate at least 3 years of driving history;
(c) You must hold a current, valid driver's license, and must present your license to the owner when you begin your rental. Please note that depending on state law, some Vehicles may require a special or commercial Vehicle license. It is the responsibility of the Renter to determine whether a commercial Vehicle license is required to drive the specific Vehicle for which a rental request is submitted. LuckyRV is unable to provide advice regarding applicable law and assumes no responsibility for ensuring that a Renter has the appropriate form of driver's license. If you hold a license from a country or jurisdiction other than theUnited States, you will need to provide your passport and a photograph of your license. Should a foreign license be in a language other than English, it must be accompanied by an accredited English translation;
(d) You must have a valid credit or debit card with sufficient funds or line of credit to cover the cost of a rental;
2.2 We reserve the right to accept or decline your application for booking a tour absolute discretion.
2.3 You warrant and represent that you have considered all laws applicable to the operation of the Vehicle and have secured any necessary permits or licenses related to the operation of the Vehicle.
2.4 You warrant and represent that the information you provide to us and on theSite is correct, complete, accurate and up-to-date. You agree to promptly notify us of any changes to your information by notifying Owner.
2.5 You agree to immediately notify LuckyRV if you learn of or suspect unauthorized use of your account.
3. Your Conduct
3.1 In connection with your use of the Site and the LuckyRV Services you covenant, warrant, and agree that you will not:
(a) register as more than one Renter, or register on behalf of any person other than yourself;
(b) contact an Owner for any purpose other than asking a question related to booking that Owner's Vehicle;
(c) use the Site to find an Owner and then complete a booking of a Vehicle without using the Site in order to circumvent the obligation to pay any fees related to the provision of the Site or the LuckyRV Services;
(d) use manual or automated software, devices, scripts, or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the LuckyRV Services ;
(e) 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;
(f) use the LuckyRV Services for any commercial or other purposes that are not expressly permitted by these Terms;
(g) copy, store or otherwise access any information contained on the LuckyRVServices for purposes not expressly permitted by these Terms;
(h) infringe or misappropriate the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(i) interfere with or damage the LuckyRV Services, including, without limitation, through the use of viruses, 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;
(j) stalk or harass any other user of the LuckyRV Services or collect or store any personally identifiable information about any other user other than for purposes of the LuckyRV Services;
(k) use our LuckyRV 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 financial information;
(l) use our LuckyRV Services in connection with the distribution of unsolicited email spam or advertisements unrelated to lodging in a private residence;
(m) when acting as a Renter or otherwise, recruit or otherwise solicit any Owner or other Member to join third party services or websites that are competitive to LuckyRV;
(n) use, display, mirror or frame the LuckyRV Services, or any individual element within the LuckyRV Services, LuckyRV name, any LuckyRV trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without LuckyRV's express written consent;
(o) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(p) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the LuckyRV Services; or
(q) advocate, encourage, or assist any third party in doing any of the foregoing.
3.2 In connection with your use of the Vehicle you warrant, covenant, and agree that you will not allow the Vehicle to be:
(a) operated in breach of any state or federal act, regulations, rules or bylaws relating to road traffic;
(b) driven otherwise than in a prudent and cautious manner;
(c) driven by a person under the influence of alcohol or drugs or with a blood alcohol level in excess of that permitted by law;
(d) sublet or hire the Vehicle;
(e) left with the ignition key in the Vehicle while it is unoccupied;
(f) misused, used for any illegal purpose or in any race, speed test, rally or contest;
(g) driven off-road (including on any beach), submerged in water, brought into contact with salt water, used in a creek or river crossing, or through flooded areas;
(h) used to tow any Vehicle or trailer;
(i) used to transport passengers or property for any commercial purpose or used for the purpose of transporting and haulage of goods other than what might be reasonably expected of a leisure rental;
(j) used to carry more persons than is permitted by any relevant authority or detailed in the Vehicle manual or on the Vehicle or specified on the Site;
(k) used to carry volatile liquids, gases, explosives or other corrosive or inflammable material;
(l) allow the Vehicle to be driven by anyone other than the Renter (unless such person is previously approved by us);
(m) driven outside the United States or Canada;
(n) driven thru or into the Death Valley region between June 15 and September 15.
3.3 In addition to the above, you warrant, covenant, and agree that you must ensure that:
(a) all reasonable care is taken in using the Vehicle including securely locking the Vehicle when not in use;
(b) all reasonable steps are taken to properly maintain the Vehicle, including regular checks of the oil, water, batteries and tire pressure (to ensure they are maintained at recommended levels);
(c) you contact Owner immediately should Vehicle warning lights indicate any potential malfunction;
(d) you and all passengers comply with all applicable laws, including laws related to child restraints;
(e) you do not smoke or permit any person to smoke in the Vehicle;
(f) no animals are carried or permitted in the Vehicle (unless otherwise agreed with the Owner);
(g) no dangerous or hazardous material carried or permitted in the Vehicle;
(h) you notify us of any Damage to the Vehicle, immediately upon becoming aware of the Damage; and
(i) if the Vehicle is stolen, you notify us and the local police department as soon as possible after discovering the theft.
4. Bookings and payment
4.1 To make a booking, you must make a booking request through the Site specifying the Vehicle you wish to rent and the Rental Period together with all such other information and details as required. We will transmit your booking request to the Owner and the Owner may, at its sole discretion, choose to accept or reject the request. Certain listings may also offer an"instant book" function through the Services where the Owner agrees to automatically accept any booking request made by Renter.
4.2 If we confirm that the booking request has been approved by the Owner, a link will be sent to the Renter email to complete payment in order to confirm the booking. At this time you will be charged 25% of the Rental Price and the Security Deposit. Your booking request will not be processed and confirmed until a deposit has been paid and received by Owner. If the payment is not possible or is dishonored or otherwise rejected, Owner will immediately cancel the booking.
4.3. If a booking has been secured with a deposit payment the remaining balance will be due at pick up.
4.5 You agree to pay any Additional Charges or other costs incurred in connection with the rental of the Vehicle.
5. Extension of Rental Period
You agree that you will not retain the Vehicle beyond the Rental Period unless agreed upon with Owner.
6. Security Deposit
6.1 At Owner's sole discretion, a Security Deposit is required to rent Vehicle. The amount of the Security Deposit will be specified on the Site in the Vehicle listing. THE Renter EXPRESSLY AND IRREVOCABLY AUTHORIZES OWNER TO USE SECURITY DEPOSIT TO COVER DAMAGES AND FINES INCURRED TO VEHICLE WHILE IN RENTERS POSSESSION
6.2 The excess Security Deposit will be released provided the Vehicle is returned undamaged and no Liabilities are owing by theRenter to Owner. Refund of the Security Deposit is not a waiver by Owner of theRenter's liability under these Terms, and Owner retains the right to recover monies forDamage to the Vehicle or breach of these Terms notwithstanding the refund of the Security Deposit.
6.3 Owner will notify the Renter in writing of any Liabilities, and of any charges made against the Credit Card. If the Renter disputes the Liabilities or the deduction of such amount, the disputes process set out in clause 19 will apply.
6.4 If a Security Deposit is made, Owner will refund the Security Deposit:
(a) no later than 20 working days after the end of the Rental Period; and
(b) within 5 days if the booking is terminated before the delivery of the Vehicle to the Renter (less any cancellation fees charged under clause 7).
7. Booking cancellations
7.1 Without limiting clause 7.3, if a Renter cancels a booking which has been confirmed on the Site, the Owners cancellation fees (as listed on listing) will be payable by the Renter and remaining balance refunded to Renter, if any.
7.2 If the Owner determines (acting reasonably) that you are unfit to drive at the commencement of the Rental Period, including due to intoxication, you will be deemed to have cancelled the booking and the full cancellation fee will be payable.
7.3 If you arrive at the designated pick-up location at the commencement of aRental Period and the Vehicle is, in your opinion (acting reasonably), materially different from the description of the Vehicle on the Site, you may cancel the booking. Owners cancellation fees still apply.
7.4 We may cancel a booking at any time if the Owner cancels their booking with you, in which case Owner will refund you the full Reservation Deposit or find you an alternativeVehicle if possible.
7.5 All fees charged and refunds paid by Owner are calculated in United StatesDollars. LuckyRV accepts no liability for losses suffered as a result of it converting currencies and any exchange risks from the conversion of currencies is the responsibility of the Renter.
8. Vehicle pick up
8.1 You must meet the Owner at the time and place agreed between you and the Owner at the commencement of the Rental Period and present your driver's license which must be valid and current for the duration of the Rental Period (together with an accredited English translation, if applicable).
8.2 You must, prior to accepting the Vehicle from the Owner, complete and sign thePick Up/ Drop Off Report with the Owner.
8.3 It is your responsibility to take necessary steps to record evidence of pre-existing Damage to the Vehicle (i.e., photos or a recording) to prove the condition of the Vehicle at the commencement of the Rental Period.
8.4 You acknowledge having received the Vehicle in a clean condition, with a full fuel tank and full propane tank (if applicable), unless you notify us otherwise.
9. Vehicle return
9.1 You must return the Vehicle at the end of the Rental Period at the time and place agreed between you and the Owner as the drop off location. The Vehicle must be returned in a clean condition with a full fuel tank and full propane tank (if applicable and subject to any separate agreement with the Owner). Please leave receipts in the vehicle as proof of purchase of Fuel or propane. The toilet and wastewater tank (if applicable) must be emptied prior to the return of the Vehicle. Failure to adhere to these requirements will result in Additional Charges.
9.2 Late pick up or early return of the Vehicle does not entitle the Renter to any refund of the Rental Price.
9.3 If the Vehicle is not returned on or before the agreed upon end of the RentalPeriod, the Renter will incur an Additional Charge in the form of a Late Return Fee foreach whole or part day by which the Rental Period is exceeded.
9.4 You must, on return of the Vehicle to the Owner, complete and sign the Pick Up/ Drop Off Report with the Owner, which must include details of any Damage. Clause 19will apply with respect of any disputes between you and the Owner with respect of anyDamage, and you must keep Owner informed with respect of the status of the dispute.
10. Roadside assistance
10.1 LuckyRV provides 24 hour on-road assistance support via phone at 801-487-3675.
10.2 Any problems associated with the Vehicle including equipment failure, must be reported to Owner within 24 hours in order to give Owner the opportunity to rectify the problem during the Rental Period.
10.3 The on-road assistance service provided by LuckyRV will be free of charge with respect to any technical malfunction of the Vehicle arising from a manufacturing or material fault that directly renders the part concerned unfit for operation during theRental Period. The Renter will be charged for any on-road assistance where the malfunction was caused by the Renter's actions or omissions, including without limitation the following;
(a) the Vehicle running out of fuel;
(b) the keys being locked inside the Vehicle or lost;
(c) "dead" batteries caused by incorrect usage of the batteries and or incorrect usage of any equipment that requires the batteries to operate;
(d) a breakdown caused by Damage caused in an accident;
(e) a breakdown caused by willful neglect;
(f) a breakdown caused by Damage caused by entering a parking structure;
(g) a breakdown caused by damages and losses caused during travel in or thru restricted areas, beaches, and damages due to "off-road" usage;
(h) a breakdown caused by using the vehicle within the Death Valley region betweenJune 15-September 15; or a breakdown caused by damage caused by using the vehicle at theBurning Man festival
(i) a breakdown caused by damage caused by using the vehicle within Mexico.
10.4 All on-road assistance required or managed due to circumstances covered in 10.3(a) - (e), or otherwise as a result of the Renter's actions or omissions, will incur a minimum charge of $150.00 plus any additional charges provided by third party assistance.
11. Damage and accidents
11.1 The Renter is liable for all loss of, or Damage to, the Vehicle or the property of any third party that is caused during the Rental Period, together with any consequential damage, loss or costs incurred by Owner.
11.2 The insurance (if applicable) covers all Damage to the Vehicle which arises as a result of anAccident, other than as set out in clause 12. For the purposes of clauses 11 and 12,"Accident", "Accidental" and "Accidentally" means a sudden and unforeseen event causing physical loss or damage that is not intended or expected by you.
11.3 If the Vehicle is Damaged in an Accident during the Rental Period, you must notify the police and obtain a police report and contact Owner as soon as possible. If and you are insured through LuckyRV, you must notify LuckyRV as soon as possible by calling (801) 487-3675, and in any case within 24 hours of becoming aware of the Damage. No matter how the Vehicle is insured, you must cooperate with theInsurance Provider in all respects, including by providing all reasonable information requested and following all reasonable instructions in relation to the use of theVehicle and any actions required with respect of the Damage.
11.4 Without limiting clause 11.2, if the Vehicle is involved in an Accident causing significant Damage to the Vehicle during the Rental Period, you must make the Vehicle secure and inform the local police department immediately, record the license number of any other Vehicles involved and the name and address of any other drivers involved, record the name and address of any witnesses, fill out the accident report in your vehicle, take pictures and contact the Owner immediately to inform them of the nature of the accident and extent of any Damage.
11.5 You must not arrange or carry out any repair work to the Vehicle.
11.6 If the Vehicle is Damaged during the Rental Period and is deemed (including by the Insurance Provider) to no longer be safe to drive, we will make a reasonable effort to provide you with a replacement or substitute Vehicle for the duration of the RentalPeriod. If no replacement or substitute Vehicle is available, and the Damage to theVehicle did not arise out of any breach of these Terms by you, Owner will refund you that portion of the Rental Price that relates to the unused duration of the Rental Period.You will be responsible to provide your own transportation.
12.1 Please see listing to determine insurance statement. If insured through LuckyRV,Renter will be required to purchase the LuckyRV motorhome insurance from the Insurance Provider (if applicable). This insurance is charged on a daily basis, and is payable in full at the time of booking. Insurance costs may be adjusted without notice, and on a case by case basis depending upon rate and size of claims submitted byOwners 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.
12.2 The laws for some states in the US require us to furnish to you the following notices:
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 understate 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 (forIdaho) 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.
Furthermore, please note following:
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 RegulatoryAgencies.
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.
12.3 The insurance will be void and the Renter will be liable and responsible for the full costs (including costs of any Damage) if:
(a) the Renter breaches any of the Terms, and that breach is the cause of or contributes to the relevant Damage; or
(b) the Damage is caused by willful misconduct (e.g., sitting or standing on the hood or roof of the Vehicle), or driving under the influence of alcohol or drugs, or negligence or where the Renter is determined by local authorities to have been careless, negligent or willful in failing to abide by the local road rules.
12.4 In addition to the above, among other things, the insurance does not cover and the Renter will be liable and responsible in full for:
(a) any loss or damage to any personal belongings or property of the Renter (or any person or entity related to the Renter);
(b) retrieving or recovering a Vehicle which may include, but is not limited to, aVehicle that has become bogged, submerged, caught, trapped, stuck or restricted in anyway and/or has been abandoned, in each case in circumstances within the control of theRenter;
(c) replacing keys which have been lost or stolen, or retrieving keys which have been locked in the Vehicle;
(d) any overhead or underbody damage to the Vehicle however caused;
(e) any Damage caused to the Vehicle due to the use of snow chains; and
(f) any Damage associated with the incorrect use of fuel (fuel being diesel or gasoline), or water or other contamination of fuel.
12.5 Owner does not accept any liability for personal injuries sustained during the Rental, nor for any loss or damage to any personal belongings or property of theRenter (or any person or entity related to the Renter). Owner also has no liability for any costs or losses sustained by a Renter as a result of any disruption or changes to travel plans required or arising out of your rental of a Vehicle (including because of any breakdown of a Vehicle). LuckyRV strongly recommends that you take out personal travel insurance to cover any injury, loss and disruption to travel plans.
13. Traffic Violation Fee
13.1 The Renter will be liable for all costs related to any Traffic Violation Fee, including:
(a) any parking tickets or citations;
(b) a speeding offense, red light camera ticket, or an offense for failure to comply with the directions given by a traffic signal or pay a toll; or
(c) any other driving or moving traffic violations. You acknowledge and agree that you are liable for any Traffic Violation Fees, and that the Additional Charges (as described in Schedule One) will also apply with respect to any Traffic Violation Fees and must be paid by you.
13.2 With respect to any Traffic Violation Fees, Owner:
(a) will undertake to provide you with a copy of the Traffic Violation Fee received and a copy of the reminder notice as soon as is practicable; and
(b) will charge you for the amount of the Traffic Violation Fee and applicableAdditional Charge. You agree that we are authorized to deduct from Security Deposit the amount of the Traffic Violation Fee and applicable Additional Charge(s).
Owner is entitled to terminate the rental of any Vehicle and take immediate possession of the Vehicle without notice to you if you breach any provision of these Terms. You will reimburse, indemnify, defend and hold us harmless for any allegations, claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the repossession process and agree you will be liable for the applicable Additional Charge.
15. Suspension and termination of registration
15.1 We reserve the right to alter, suspend or terminate the Site, the LuckyRVServices, registration of a Vehicle, your status as a registered Renter or Owner and your access to the secure section of LuckyRV.com temporarily or permanently at any time and without prior notice. Without limiting the above, if you breach these Terms, or repeatedly cancel bookings, LuckyRV has the right to terminate your status as a registered Renter or Owner and remove your profile from the Site.
15.2 An Owner or Renter can suspend their account on the Site and remove their profile from public access at any time, provided that no current booking is associated with the Owner or Renter at that time. Upon suspension of an account by an Owner orRenter, we will remove their profile information from public access (but you agree that we may retain profile information as part of our business records in accordance with applicable law).
15.3 An Owner or Renter can reinstate their account and public access to his or her profile at any time, with the approval of LuckyRV.
15.4 Suspension or termination of an Owner or Renter's account will not affect your or our rights and obligations under these Terms accruing prior to suspension or termination.
16. Intellectual property and your use of the Site
16.1 The material displayed on the Site, including without limitation, all information, text, materials, graphics, software, tools, results of the use of software and tools, advertisements, names, logos and trade marks ("Content") are protected by intellectual property laws unless expressly indicated otherwise. All rights, title and interest in and to the Content is owned, licensed or controlled by LuckyRV or the party credited. Caching, unauthorized hypertext links to the Site, and framing of any Content without LuckyRV's prior written consent is prohibited. All Content herein and thereto, are and shall remain the exclusive property of LuckyRV or the party credited. All rights in and to the Site (and any software, hardware or other technology used to provide theSite), Content and LuckyRV Services are reserved by LuckyRV or the party credited.
16.2 You warrant and represent that you own, or that you are authorized to use, access, display, distribute, transmit and upload, all relevant intellectual property rights in any content that you upload to the Site ("User Content") and you grant us a perpetual, irrevocable, transferrable, royalty free license to view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, use, and otherwise exploit the UserContent to operate the Site and the LuckyRV Services, including in relation to promotion of the Site and the LuckyRV Service and making the User Content available for access, viewing and use by other users and Owners of the Site.
16.3 You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site and LuckyRV Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all UserContent that you make available through the Site, LuckyRV or you have all rights, licenses, consents and releases that are necessary to grant to LuckyRV the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or LuckyRV's use of the User Content (or any portion thereof) on, through or by means of the Site, the LuckyRV Services 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.
16.4 Subject to your compliance with these Terms, LuckyRV grants you a limited, non-exclusive, non-transferable license, to access and view any Content solely for your non-commercial and personal use. You have no right to sublicense the license rights granted in this section.
16.5 LuckyRV provides a feedback function on the Site, to allow Owners and Renters to evaluate the conduct of each other and any Vehicle. Any feedback you provide must be accurate and must not contain any offensive or defamatory language or otherwise be inappropriate. We may remove or redact any feedback provided on the Site at our absolute discretion.
17. Site Availability and Disclaimers
17.1 Subject to the below, we will use reasonable efforts to ensure that the Site is continuously available without significant disruption or faults (other than during periods of maintenance), and that the information on the Site is accurate.
17.2 The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, LuckyRV:
(a) excludes all representations and warranties relating to the Site and its contents, or which is or may be provided by any third parties (including any Owners orRenters), including in relation to any inaccuracies or omissions in this website, in the descriptions of Vehicles or any information regarding Renters or Owners; and
(b) excludes all liability for damages arising out of or in connection with your use of the Site. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised LuckyRV of the possibility of such potential loss),damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
17.3 LuckyRV gives no undertakings, representations, or warranties in relation to any Vehicles listed on or rented through the Site, including the suitability, safety, description, quality, features or specifications of a Vehicle.
17.4 The Site may contain links to third party websites ("Linked Sites"). LuckyRV does not control Linked Sites and is not responsible for their contents or hyperlinks. Hyperlinks are provided for convenience only, and their inclusion does not imply that LuckyRV endorses the Linked Site. LuckyRV provides no guarantees, representations or warranties as to the nature, content and reliability of any Linked Site, and is not liable for any electronic content of a third party. You link to any Linked Site entirely at your own risk.
17.5 You acknowledge and agree that internet transmissions are never entirely secure or private, and that any message or information you send to or through the Site(including credit card information) may be read or intercepted by others, even where a website is stated as being secure. LuckyRV shall have no liability for the interception or "hacking" of data through the website by unauthorized third parties.
17.6 The exclusions and limits set out in these Terms will also operate for the benefit of our suppliers, licensors and agents.
18.3 In registering on the Site, you accept that we may use third party sources to run identity verification checks on you.
19. LEGAL DISPUTES
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND LuckyRV HAVE AGAINST EACH OTHER ARE RESOLVED.
19.1 Disputes. Subject to applicable law, you and LuckyRV agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way toor arising out of this or previous versions of the Terms, your use of or access to theServices or any breach, enforcement, or termination of this Agreement will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
19.2 Applicable Law. You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Utah, without regard to principles of conflict of laws, will govern the Terms and any claim or dispute that has arisen or may arise between you and LuckyRV, except as otherwise stated in the Terms.These Terms and your use of the Services will be interpreted in accordance with the laws of the State of Utah and the United States of America, without regard to its conflict-of-law provisions. In the event that a dispute is permitted to be brought in a court of law under this Legal Disputes Section, you and we agree to submit to the personal jurisdiction of a state or federal court located in Salt Lake City, Utah.
19.3 Agreement to Arbitrate. You and LuckyRV each agree that any and all disputes or claims that have arisen or may arise between you and LuckyRV (including its respective parent company, subsidiaries, employees, officers, directors, and agents) relating in any way to or arising out of this or previous versions of the Terms, your use of, or access to the Services, or any services sold, offered, or purchased through the Services(such as listing or renting a Vehicle) or any breach, enforcement, or termination of this Agreement shall be resolved exclusively through final and binding arbitration, rather than in court, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.Alternatively, you may assert your claims in small claims court in Salt Lake City, Utah, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The FederalArbitration Act governs the interpretation and enforcement of this Agreement toArbitrate.
19.4 Prohibition of Class and Representative Actions and Non-Individualized Relief.YOU AND LuckyRV AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND LuckyRV AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAYNOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
19.5 Arbitration Procedures. Arbitration is more informal than a lawsuit in court.Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual, subject to and in accordance with these Terms and as limited in the section below entitled Limitation ofLiability and Indemnification. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement toArbitrate, or the interpretation of heading "Prohibition of Class and RepresentativeActions and Non-Individualized Relief," shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
A party who intends to seek arbitration must first send to the other, by email, a completed form Notice of Dispute ("Notice"). The Notice to LuckyRV should be sent via email to info\@LuckyRV.com. Please provide your name, username, telephone number, email, mailing address, and briefly describe the nature of your dispute and briefly describe the relief you would like from LuckyRV.
If you and LuckyRV are unable to resolve the claims described in the Notice within 30days after the Notice is sent, you or LuckyRV may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site atwww.adr.org (The AAA provides a Demand for Arbitration form.) In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must send a copy of the completed form to the opposing party. Any settlement offer made by you or LuckyRV shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is \$35,000 or less, you or LuckyRV may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and LuckyRV subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or LuckyRV may attend by telephone.
For matters where the relief sought is over \$5,000, the arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator's award of damages must be consistent with the terms of the "Limitation of Liability" section as to the types and the amounts of damages for which a party may be held liable. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same LuckyRV user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
19.6 Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement toArbitrate. If the value of the relief sought is \$5,000 or less, at your request, LuckyRV will reimburse you for all filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator's decision or settlement. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), LuckyRV is relieved of its obligation to reimburse you for any fees associated with the arbitration.
19.7 Severability. With the exception of any of the provisions in Section"Prohibition of Class and Representative Actions and Non-Individualized Relief," if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section "Prohibition of Class and Representative Actions and Non-Individualized Relief" is invalid or unenforceable, then the entirety of the Agreement to Arbitrate shall be null and void. The remainder of the Agreement, the Terms of Service, and its Legal Disputes Section will continue to apply.
19.8 Opt-Out Procedure. YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION ("OPT-OUT") BY EMAILING US AN OPT-OUT NOTICE TO info\@LuckyRV.COM ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN 30 DAYS AFTER THE DATE YOU FIRST REGISTER AS A USER OF THE SITE.
In order to opt-out, you must email your name, username, address (including street address, city, state, and zip code), and email address(es) associated with your LuckyRV Account(s) to which the opt-out applies and to info\@LuckyRV.com. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement toArbitrate, all other parts of the Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
19.9 Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to thisAgreement to Arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement toArbitrate that have arisen or may arise between you and LuckyRV. If you do not agree to these amended terms, you may close your account within 30 days of posting or notification of the amendments and you will not be bound by the amended terms, but will arbitrate any dispute in accordance with the provisions of the "Agreement to Arbitrate"section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms). Once you have submitted a valid Opt-Out Notice to LuckyRV, you do NOT need to submit another one when the Terms of Service are subsequently updated. Your first Opt-Out Notice will serve as a valid Opt-Out Notice as to future versions of theTerms.
19.10 Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of theAgreement to Arbitrate, as a result of a decision by the arbitrator or a court order or because you have chosen to file an eligible lawsuit in small claims court or the parties have reserved their rights to pursue legal action in a court of law for actual or threatened intellectual property infringement pursuant to these Terms, you agree that any claim or dispute that has arisen or may arise between you and LuckyRV must be resolved exclusively by a state, federal, or small claims court located in Salt Lake City, Utah. You and LuckyRV agree to submit to the personal jurisdiction of the courts located within Salt Lake City, Utah, for the purpose of litigating all such claims or disputes.
20. Limitation of Liability and Indemnification
20.1 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 LuckyRV SERVICES, CONTENT, OR BOOKING OF AND USE OF ANY RVS VIA THE LuckyRV SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE LuckyRV SERVICES WHETHER IN PERSON OR ONLINE REMAINS WITH YOU.NEITHER LuckyRV NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE LuckyRV SERVICES, 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 LuckyRV SERVICES, OR CONTENT FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE LuckyRV SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE LuckyRV SERVICES, CONTENT OR FROM YOUR BOOKING,OR USE OF ANY RV VIA THE LuckyRV SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT LuckyRV 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.
20.2 IN NO EVENT WILL LuckyRV'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE LuckyRV SERVICES AND CONTENT INCLUDING,BUT NOT LIMITED TO, THE BOOKING OR USE OF ANY RV VIA THE LuckyRV SERVICES, OR FROM THEUSE OF OR INABILITY TO USE THE LuckyRV SERVICES, AND IN CONNECTION WITH ANY RV OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID FOR BOOKINGS VIATHE SITE, AND LuckyRV SERVICES AS A RENTER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LuckyRV 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.
20.3 You agree to release, defend, indemnify, and hold LuckyRV and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any allegations, penalties, claims, liabilities, damages, losses, fines 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 orContent or your violation of these Terms; (b) your (i) interaction with any Owner or other Renter, (ii) booking or use of a Vehicle, or (iii) the use, condition or rental of a Vehicle 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 Vehicle; (c) the breach of any obligation, duty, responsibility under these Terms; (d) the breach of any applicable law; or (e) the Renter Content infringes or misappropriates any patent, trade secret, copyright, trademark or any other intellectual property right of any third party.
20.4 In the event of any claim under clause 20.3, the indemnified party shall promptly notify the indemnifying party in writing thereof; provided, however, that the failure to give such prompt notification to the indemnifying party shall not relieve it of its indemnification obligations hereunder unless the indemnifying party can establish such delay materially prejudiced indemnifying party. The indemnifying party shall control and conduct the defense of such claim, including the settlement of the same provided that it may not settle any such claim without the indemnified party's prior written consent unless such settlement includes a full release of all claims against the indemnified party.
21.1 These Terms are governed by the laws of the State of Utah, without regard to choice of law principles.
21.2 You may not assign, transfer, or purport to assign or transfer any of your rights and obligations in connection with these Terms. You must not agree, attempt, offer or purport to sell, assign, sub-let, lend, pledge, mortgage, let on hire or otherwise part with or attempt to part with the personal possession of or otherwise deal with the Vehicle.
21.3 If any of these terms is unenforceable the remaining provisions will remain in effect, except as otherwise provided.
21.4 No waiver by any party of any of the provisions of these Terms shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in these Terms, no failure to exercise or delay in exercising any right shall operate or be construed as a waiver thereof.
21.5 These Terms shall be interpreted neutrally between the parties without regard to which party drafted or caused to be drafted these Terms.
21.6 Provisions of these Terms which by their nature should apply beyond their terms will remain in force after any termination or expiration of these Terms.