Terms and Conditions

TERMS OF SERVICE

Welcome to the RVPlusYou.com website (the “Website”). This Website is provided solely to assist and facilitate RV Owners and travelers in gathering information about each other for the purpose of providing and securing RV accommodations in a particular locale, and for no other purposes. The terms “we,” “us,” “our,” and “RVPlusYou” refer to RVPlusYou, LLC, a Delaware limited liability company, or our subsidiaries. The term “you” refers to the person or entity using, utilizing, visiting, or accessing the Website or Services, a Listing on the Website or through our customer service agents, as well as Guests RV Owners, and RV Delivery Specialists, as applicable.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

Last Updated: November 1 2016

  1. Agreement Between Customer and RVPlusYou, LLC

RVPlusYou provides an online platform that connects RV Owners with travelers seeking RV accommodations in a particular location and connects RV Owners with third-parties that assist in fulfilling their obligations to Guests (collectively, the “Services”), which Services are accessible through the Website and any other websites through which RVPlusYou makes the Services available. By using the Website or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (collectively “Agreement” or “Terms“), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Website or Services and all Collective Content (defined below), and constitute a binding legal agreement between you and RVPlusYou. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Website or Services. Failure to use the Website or Services in accordance with these Terms may subject you to civil and criminal penalties.

Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement. When using particular services on the Website, you are subject to any posted policies or rules applicable to such services, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.

THE WEBSITE OR SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH RV OWNERS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR RENTING RV’S AT SPECIFIC LOCATIONS, AND GUESTS (DEFINED BELOW) MAY LEARN ABOUT AND RENT RV’S DIRECTLY FROM THE RV OWNERS,  FURTHERMORE AN RV DELIVERY SPECIALIST (DEFINED BELOW) MAY CREATE LISTINGS WHERE RV OWNERS MAY LEARN ABOUT SERVICES THAT CAN HELP FACILITATE A RENTAL BETWEEN RV OWNERS AND GUESTS. YOU UNDERSTAND AND AGREE THAT RVPLUSYOU IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN RV OWNERS AND GUESTS, OR BETWEEN RV OWNERS AND RV DELIVERY SPECIALISTS, NOR IS RVPLUSYOU A BROKER, AGENT OR INSURER. RVPLUSYOU HAS NO CONTROL OVER THE CONDUCT OF RV OWNERS, RV LOCATIONS, GUESTS, RV DELIVERY SPECIALISTS AND OTHER USERS OF THE WEBSITE OR SERVICES OR ANY RV’S, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE WEBSITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE WEBSITE OR SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. 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.

Key Terms

Booking Request Period” means the time period starting from the time when a booking is requested by a Guest (as determined by RVPlusYou in its sole discretion), within which an RV Owner may decide whether to confirm or reject that booking request, as stated on the Website or Services. Different Booking Request Periods may apply for different places or RV’s.

Collective Content” means Member Content and RVPlusYou Content.

Content” means text, graphics, images, music, software (excluding the Application), audio, video, information, or other materials.

Guest” means a Member who requests from an RV Owner, a booking of an RV via the Website or Services, or a Member who stays at an RV and is not the RV Owner for such RV.

Guest Service Fees” means the fee that RVPlusYou charges a Guest for the use of the Services, which is calculated as a percentage of the applicable Rental Fees. The Guest Service Fees will be displayed to the Guest when the Guest is making a booking request from an RV Owner.

Host Service Fees” means the fee that RVPlusYou charges an RV Owner every time a booking is completed on our online platform. This fee covers the cost of processing Guest payments and comes out of the RV Owner Payout

Listing” means an RV that is listed by an RV Owner as available for rent via the Website or Services or RV Delivery Service listed by an RV Delivery Specialist as available via the Website or Services.

Member” means a person who completes RVPlusYou’s account registration process, including but not limited to RV Owners, RV Delivery Specialist, or Guests, as described under “Account Registration” below.

Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or otherwise makes available through the Website or Services.

Offline Booking” means booking or reserving an RV rental outside of RVPlusYou, either directly between private parties, or booking through another peer to peer online booking platform (NOT RVPlusYou).

Rental Fees” means the amounts that are due and payable by a Guest in exchange for that Guest’s stay in an RV and, if required, the RV Delivery Service Fees, RV Location fees or costs. The RV Owner alone, and not RVPlusYou, determines these amounts. The RV Owner may in his or her sole discretion decide to include in these amounts (i) a cleaning fee or any other fee permitted on the RVPlusYou platform, or (ii) Taxes that the RV Owner determines that he or she has to collect.

RV” stands for Recreational Vehicle and means a motor home, travel trailer, truck camper, camping trailer, caravan or park trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy as permitted or allowed under applicable law listed as an accommodation by an RV Owner via the Website or Services.

RV Delivery Service” means RV pickup from the RV Owner’s designated location, delivery and setup at the RV Location, Guest walk-through of the operation of the RV, and such other services as the RV Owner and RV Delivery Specialist may agree.

RV Delivery Service Fees” means the fee that RVPlusYou charges an RV Delivery Specialist every time a booking for RV Delivery Service is completed via the Website or Services. This fee covers the cost of processing Guest or Host payments for RV Delivery Services and comes out of the RV Delivery Service Payout.

RV Delivery Service Payout” means the amount that RVPlusYou pays to the RV Delivery Specialist at the end of the Rental Period. The RV Delivery Service Payout is the amount of the RV Delivery Service minus the RV Delivery Service Fees.

RV Delivery Specialist” is a Member that makes a Listing and provides RV Delivery Services via the Website or Services.

RV Location” means the locations at which an RV Owner has or will make the RV available for a Guest’s use including, without limitation, public or private camp sites, RV Parks, or public or private lands.

RV Owner” means a Member who creates a Listing via the Website or Services.

RV Owner Payout” means the amount that RVPlusYou pays to the RV Owner at the end of the Rental Period. The RV Owner Payout is the amount of the Rental Fees less other applicable fees charged by RVPlusYou.

RVPlusYou Content” means all Content that RVPlusYou makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.

  1. Use of the Website

As a condition of your use of this Website, you warrant that:

  1. you are at least 18 years of age;
  2. you possess the legal authority to create a binding legal obligation;
  3. you will use this Website in accordance with this Agreement;
  4. you will only use this Website to offer or secure legitimate RV accommodations for you or for another person for whom you are legally authorized to act;
  5. you will NOT encourage users to book or reserve off-site;
  6. you will NOT provide private contact information for the purpose of off-line booking;
  7. all information supplied by you on this Website is true, accurate, current and complete; and
  8. if you have an RVPlusYou.com account, you will safeguard your account information, you will supervise the use of your account, and you will be completely responsible for any use of your account by you or anyone other than you. We retain the right at our sole discretion to deny anyone access to this Website and the services we offer, at any time and for any reason, Including, but not limited to, violation of this Agreement.
  9. What We Do

We provide users with a marketplace for travel RV accommodation. The Service is provided on an AS-IS basis and without warranties or representations of any kind to the fullest extent permissible pursuant to applicable laws. We assume no responsibility for information posted on this Website by others, including, but not limited to users and advertisers. We also assume no responsibility for the actions of users through the Service or the Website or as a result of their use of the Service or the Website.

You are responsible for any and all costs associated with using the Website or the Service.

  1. What We Do Not Do

WE DO NOT SCREEN POSTINGS, LISTINGS, GUESTS, RV OWNERS, RV DELIVERY SPECIALISTS, OR RV LOCATIONS, AND HAVE NO WAY OF INDEPENDENTLY VERIFYING THE INFORMATION PROVIDED BY A USER OR POSTED ON THIS SITE. USERS SHOULD ALWAYS BE CAUTIOUS ABOUT GIVING PERSONAL INFORMATION TO STRANGERS OR POSTING IT IN A PUBLIC PLACE WHERE SUCH ACTIONS MIGHT BE USED TO HARM, HARASS OR BE USED AGAINST THEM.

WE ARE NOT A PARTY TO THE GUEST/RV OWNER TRANSACTION OR THE RV OWNER/RV DELIVERY SPECIALIST TRANSACTION, ALTHOUGH WE PROVIDE TOOLS, SUCH AS DIRECT CONTACT, THAT ENABLE A USER TO ENTER INTO A TRANSACTION BETWEEN THE GUEST AND THE RV OWNER OR BETWEEN THE RV OWNER AND THE RV DELIVERY SPECIALIST. AS A RESULT WE HAVE NO CONTROL OVER THE QUALITY, SAFETY, OR LEGALITY OF THE ITEMS ADVERTISED, THE TRUTH OR ACCURACY OF THE LISTINGS, THE ABILITY OF RV OWNERS TO OFFER THE RV OR RV LOCATION LISTED, THE ABILITY OF THE RV DELIVERY SPECIALIST TO PROVIDE THE BENEFITS IN THEIR LISTING, THE ABILITY OF THE RV DELIVERY SPECIALIST TO PAY FOR THE DAMAGE OR LOSS OF PERSONAL PROPERTY OR PERSONAL INJURY AS A RESULT OF THEIR PROVIDING THE BENEFITS OF THEIR LISTING, THE ABILITY OF THE GUESTS TO PAY FOR THE TRANSACTION, DAMAGE OR LOSS OF THE RV OR THE RV LOCATION, DAMAGE OR LOSS OF PERSONAL PROPERTY OR PERSONAL INJURY AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES. WE CANNOT ENSURE THAT AN RV OWNER AND GUEST, RV OWNER AND RV DELIVERY SPECIALIST, GUEST AND RV DELIVERY SPECIALIST, WILL ACTUALLY COMPLETE A TRANSACTION AND WE DO NOT MAKE ANY REPRESENTATIONS AS TO THE QUALITY, LOCATION, AVAILABILITY, SUITABILITY, OR PRICING OF ANY SPECIFIC RV, RV LOCATION OR BENEFITS.

IN PARTICIPATING IN A TRANSACTION THROUGH THE SERVICE, USERS AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

  1. User Account, Password and Security

You are responsible for all activities that occur under your account with us. You agree to protect and safeguard your password and account information against unauthorized use. You must immediately notify us of any unauthorized use of your account or any other breach of security. You must exit from your account at the end of each session. You agree that you will be solely responsible for any loss or damage arising from your failure to comply with this Agreement.

  1. User Conduct

You understand that we do not provide the Member Content on the Website and that all publicly posted or privately transmitted information or data, is the sole responsibility of the person from which such Content originated. You agree and represent that you are entirely responsible for all Content that you upload, download, post, email, transmit or otherwise use or make available via the Service and this Website. Since we do not control the Content posted on the Website or sent to you from another user of the Website, advertiser, or other third-party, we cannot and do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Website or the Service, you may be exposed to offensive, indecent or objectionable Member Content. You agree that we are not liable for any Member Content, including, but not limited to, any errors or omissions in any Member Content, or for any loss or damage of any kind incurred as a result of the use of any Member Content posted, emailed, transmitted or otherwise made available via the Website or the Service or actions taken in response or reaction thereto.

You agree not to use the Website or the Service for any illegal or inappropriate purpose, and affirmatively represent and warrant:

  • that you will not upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically, religiously or otherwise objectionable, or other material or content that would violate rights of publicity or privacy or that would violate any law;
  • that you will not harm minors in any way;
  • that you will not impersonate any person or entity, including, but not limited to, any employee, officer or director of RVPlusYou, guide, traveler, RV Owner, or user, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • that you will not forge headers or otherwise manipulate identifiers for any purpose;
  • that you will not disguise the origin of any Content transmitted through the Service and you will not misrepresent listings;
  • that you will not upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • that you will not upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights“) of any person or entity;
  • that you will not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are specifically designated for such purpose;
  • that you will not upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • that you will not disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges or use of the Website;
  • that you will not interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
  • that you will not engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Website, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Website’s Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
  • that you will not act in a manner that negatively affects other users’ ability to engage in the Website;
  • that you will not intentionally or unintentionally violate any applicable local, state, national or international law;
  • that you will not “stalk” or otherwise harass another; or
  • that you will not encourage any behavior that would subvert the purpose of this website; and
  • that you will not collect or store personal data about users of this Website or the Content posted by others on this Website or use such information for any purpose inconsistent with the purpose of this Website or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.

You acknowledge that we do not pre-screen Content, but RVPlusYou, and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move, or remove any Content on the site for any reason we deem reasonable, in our sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by us or submitted to us, including any you find on the Website.

We may preserve Content in our sole discretion and we may also disclose such information to third parties to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property/campground, or personal safety or the rights, property/campground and personal safety of our users and the public. We do not, however, undertake any affirmative obligation to examine Content or disclose Content to any third party for any reason. You understand that your Content may be transmitted over a number of different networks and people other than those on this Website could gain access to it.

NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to other users through the Website’s messaging system is expressly prohibited by this Agreement, and may subject you to civil and criminal penalties.

  1. Local and International Laws

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, as well as all laws relating to RV accommodations and the use thereof.

  1. Content

You understand that all Content posted on, transmitted through, or linked from the Website is the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item“) of Member Content that you post, email, or otherwise make available via the Website or Services. You understand that RVPlusYou does not control, and is not responsible for Member Content made available through the Website, and that by using the Website or Services, you may be exposed to Member Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that any Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You further acknowledge and agree that the views expressed on the Website do not necessarily reflect the views of RVPlusYou, and RVPlusYou does not support or endorse Content (including any contribution, whether or not edited by RVPlusYou or its designee or presented on the Website edited or unedited, in whole or in part, or alone or with other Content) posted or submitted by you or any User. Furthermore, the RVPlusYou Website and Content available through the Website may contain links to other websites, which are completely independent of RVPlusYou. RVPlusYou makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking or following a link to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and you agree that under no circumstances will RVPlusYou be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Website. You acknowledge that RVPlusYou does not pre-screen or approve Content, but that RVPlusYou shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service or on the Website, which violates the letter or spirit of this Agreement or for any other reason. Any or all Content on the Website may be purged periodically in RVPlusYou’s sole discretion.

  1. RVPlusYou Content and Member Content License

Subject to your compliance with these Terms, RVPlusYou grants you a limited, non-exclusive, non-transferable license, to (i) access and view any RVPlusYou 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 Website, Services, or 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 RVPlusYou or its licensors, except for the licenses and rights expressly granted in these Terms.

  1. Ownership of Member Content

We do not own any of the Member Content submitted by users of the Website. However, with respect to any Member Content submitted, in any fashion, by any means, and for any purpose, or make available for inclusion on publicly accessible areas of the Website or transmitted or displayed to another Member or user of the Website or Services, you grant us a worldwide, irrevocable, perpetual, non-exclusive, freely transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Website or Services and to incorporate such Content into other works in any format or medium now known or later developed. RVPlusYou 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 grant RVPlusYou, and its affiliates and sublicensees, the unconditional right to use your Member name or other identifying information you submit in connection with the Website or promotion of the Website, including but not limited to, attribution of your comments or reviews (for example, listing your name and hometown on a review that you submit) at our discretion.

  1. Third Party Websites, Links, Content and Services

The Website, Service, and Content available through the Website may contain features and functionalities that may link you or provide you with access to third-party content which is completely independent of the Website, including third-party websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. You acknowledge that we have no control over such sites and resources, and you agree that we are not responsible for the content, functionality, availability, advertising, products, or other materials or services of such sites or any additional links contained therein. The existence of a link on the Website does not constitute or imply an endorsement in any manner whatsoever of such third-party site, service, product, material, or content thereon. You assume full liability, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with your access to, use of, or reliance on any element of such link or third-party site or resource.

Your interactions with organizations or individuals found on or through the Website or the Service, including users, Host Service Providers, Guests, or RV Owners, and Including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any user, Guest, or RV Owner, or any other party or third-party. We do not control such parties, third-parties, or any other website and are not responsible for their actions, content or the privacy or other practices of any other website.

  1. Account Registration

In order to access certain features of the Website or Services, and to book an RV or book RV Delivery Services or create a Listing, you must register to create an account (“RVPlusYou Account”) and become a Member. You may register to join the Services directly via the Website or as described in this section.

You can also register to join by logging into your account with certain third-party social networking websites (“Social Sites”) (including, but not limited to, Facebook; each such account, a “Third-Party Account”), via our Website, as described below. As part of the functionality of the Website or Services, you may link your RVPlusYou Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to RVPlusYou through the Website, Services or Application; or (ii) allowing RVPlusYou to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to RVPlusYou or grant RVPlusYou access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating RVPlusYou to pay any fees or making RVPlusYou subject to any usage limitations imposed by such third-party service providers. By granting RVPlusYou access to any Third-Party Accounts, you understand that RVPlusYou will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“Social Sites Content”) so that it is available on and through the Website, Services and Application via your RVPlusYou Account and RVPlusYou Account profile page. Unless otherwise specified in these Terms, all Social Sites Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your RVPlusYou Account on the Website, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or RVPlusYou’s access to such Third-Party Account is terminated by the third-party service provider, then Social Sites Content will no longer be available on and through the Website, Services and Application. You have the ability to disable the connection between your RVPlusYou Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Website or Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. RVPlusYou makes no effort to review any Social Sites Content for any purpose, including but not limited to for accuracy, legality, or non-infringement and RVPlusYou is not responsible for any Social Sites Content.

We will create your RVPlusYou Account and your RVPlusYou Account profile page for your use of the Website or Services based upon the personal information you provide to us or that we obtain via a Social Sites as described above. You may not have more than one (1) active RVPlusYou Account. 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. RVPlusYou reserves the right to suspend or terminate your RVPlusYou Account and your access to the Website or Services if you create more than one (1) RVPlusYou Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.

  1. Listings

As a Member, you may create Listings. To create an RV Listing, you will be asked a variety of questions about the RV to be listed, including, but not limited to, the offered RV Locations, capacity, size, features, and availability of the RV and pricing and related rules and financial terms. To create an RV Delivery Services Listing, you will be asked a variety of questions about the RV Delivery Services to be listed, including, but not limited to, the offered RV Delivery Services description, pricing, related rules, and financial terms. Listings will be made publicly available via the Website or such other manner as we may decide. Other Members will be able to book your Listing via the Website based upon the information provided in your Listing.

You acknowledge and agree that you are responsible for any and all Listings you post. You agree NOT to subvert the purpose of this website by posting personal contact information, or communicate personal contact information, for the purpose of encouraging “offline” bookings. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Guest’s stay at, an RV in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as loan agreements or agreements with the owner or operator of the property where the RV will be located, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing use and occupancy of RV’s), tax requirements, and rules and regulations that may apply to any RV included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that RVPlusYou assumes no responsibility for an RV Owner’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. RVPlusYou reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that RVPlusYou, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or RVPlusYou’s then-current policies, or otherwise harmful to the Website or Services.

RV Owners must conspicuously include a Cancellation Policy in each of their listings. RVPlusYou will abide by an RV Owner’s conspicuously-posted, reasonable, Cancellation Policy. In all cases of cancellation, RVPlusYou fees still apply.

If you are an RV Owner, you understand and agree that RVPlusYou does not act as an insurer or as your contracting agent. If a Guest requests a booking of your RV and stays at your RV, any agreement you enter into with such Guest is between you and the Guest and RVPlusYou is not a party thereto. Notwithstanding the foregoing, RVPlusYou serves as the limited authorized payment collection agent of the RV Owner for the purpose of accepting, on behalf of the RV Owner, payments from Guests of such amounts stipulated by the RV Owner (including cleaning or other fees or Taxes).

If you are an RV Delivery Specialist, you understand and agree that RVPlusYou does not act as an insurer or as your contracting agent. If an RV Owner requests a booking of your RV Delivery Services and uses your RV Delivery Services, any agreement you enter into with such Guest or RV Owner is between you and the Guest or You and the RV Owner and RVPlusYou is not a party thereto. Notwithstanding the foregoing, RVPlusYou serves as the limited authorized payment collection agent of the RV Delivery Service for the purpose of accepting, on behalf of the RV Delivery Service, payments from Guests or RV owners of such amounts stipulated by the RV Delivery Service (including RV pickup/delivery fees or other fees or Taxes).

RVPlusYou requires that RV Owners obtain appropriate, legally mandated, insurance coverage and limits for their RVs. RV Owners and/or RV Delivery Specialists MUST HAVE, appropriate, legally mandated insurance coverage and limits to transport the RV to and from the place where the Guest will stay during the Booking Period. RV Owners, please review any insurance policy that you may have for your RV carefully, and in particular please make sure that you are familiar with, understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites to the RV, if applicable) while they are renting your RV. RVPlusYou further strongly recommends that you discuss and disclose your intention to participate in our Services with your insurance company or broker/agent and consider adding overage necessary to address the risks of loss and to ensure you have coverage for any injury or damages arising out of a Guest’s use/rental of your RV.

RVPlusYou Recreational Vehicle Owner Protection Program

RVPlusYou offers an RV Owner Protection Program (“ Protection Program”) to all RV Owners, offered through Lloyd’s of London, for their RV when a Listing is booked through RVPlusYou subject to the terms and conditions of the  Protection Program

By participating in the   Protection Program during the Listing process, each booking Party specifically agrees to the terms, obligations and conditions under the Protection Program, acknowledge that certain Program restrictions apply including Program claim limits, exclusions from certain kinds of damage, and exclusions on any damages unless the RV is stationary, not being driven, and agree that participation in the RVPlusYou Protection Program is automatic at the time of booking and extended through the Website Each party to a transaction for which the RVPlusYou Protection Program Coverage is in effect accepts and agrees that we may disclose to the companies that provide the coverage in the Protection Program information about the parties, the RV, the RV Location and any other information we determine relevant to the placement of the coverage or while responding to a claim. You further agree to abide by any claims procedures and all terms, obligations and limitations of the Protection Program. The Protection Program is further explained in our FAQ section.

RVPlusYou is solely acting as an administrator for the “RVPlusYou Protection Program” RVPLUSYOU HAS NO RESPONSIBILITIES ARISING OUT OF THIS PROTECTION PROGRAM OR ANY DENIAL OF COVERAGE OR RESERVATION OF RIGHT ISSUES UPON NOTICE OF A CLAIM. IT IS THE RESPONSIBILITY AND DUTY OF THE RV OWNER AND GUEST TO UNDERSTAND THE PROTECTION PROGRAM AND ABIDE BY ITS CONDITIONS AND ALL OBLIGATIONS AND ALL TIME LIMITATIONS IN ORDER TO BE ELIGIBLE TO HAVE A CLAIM HONORED BY THE PROTECTION PROGRAM IF THE NEED WOULD ARISE. THE RV OWNER AND GUEST UNDERSTAND AND AGREE THAT RVPLUSYOU, UPON RECEIPT OF A NOTICE OF A CLAIM UNDER THIS PROTECTION PROGRAM, WILL NOT REFUND A SECURITY DEPOSIT UNTIL A CLAIM HAS BEEN PROCESSED AND SETTLED OR ANY LITIGATION BROUGHT HAS BEEN FULLY RESOLVED. IN ADDITION, THE RV OWNER AND GUEST UNDERSTAND AND AGREE THAT RVPLUSYOU MAY USE THE SECURITY DEPOSIT TO MEET THE DEDUCTIBLE FOR A CLAIM AS THE NEED MAY ARISE. AS AN RV OWNER AND GUEST YOU UNDERSTAND AND AGREE THAT THIS PROTECTION PROGRAM WILL NOT BE IN FORCE IF THE RV OWNER AND GUEST EXTEND A BOOKING OUTSIDE RVPLUSYOU UNLESS RVPLUSYOU IS NOTIFIED IN WRITING IN ADVANCE THAT BOTH THE RV OWNER AND THE GUEST AUTHORIZE RVPLUSYOU TO COLLECT THE GUEST SERVICE FEE AND THE HOST SERVICE FEE FOR THIS EXTENSION. RVPLUSYOU IS NOT RESPONSIBLE FOR THE PAYMENT OF CLAIMS, PLACEMENT OR DENIAL OF COVERAGE, OR REFUNDS OF ANY FEES, EXCEPT AS AUTHORIZED BY OUR CANCELLATION POLICY.

Certified RV Owners

An RV Owner may achieve the status of “Certified RV Owner” upon completing three (3) bookings with positive feedback from Guests. AN RV Owner who has completed three (3) bookings and has received positive feedback from Guests may request “Certified RV Owner” status. The status of Certified RV Owner is determined by number of bookings that have been completed and positive feedback from Guest users. AN RV Owner may also be granted the status of Certified RV Owner if short-term rentals are its primary business and they have been in the short-term rental business in excess of one (1) year. The designation of Certified RV Owner may be discontinued by RVPlusYou in general or with respect to a particular RV Owner for any reason or for no reason at the sole discretion of RVPlusYou. Generally, if a Certified RV Owner has received negative feedback on more than one occasion, the status designation will be removed.

Certified RV Owners must conspicuously include a Cancellation Policy in each of their listings. RVPlusYou will abide by a Certified RV Owner’s conspicuously-posted, reasonable, Cancellation Policy. In all cases of cancellation, RVPlusYou fees still apply.

No Endorsement

RVPlusYou does not endorse any Member, any RV, any RV Location or any RV Delivery Services. Members are required by these Terms to provide accurate information, and although RVPlusYou may, but is not required to, undertake additional checks and processes designed to help verify or check the identities or backgrounds of Users, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.

Any references in the Website or Services to a Member being “certified” (or similar language) only indicates that the Member has obtained the requisite number of completed bookings with positive Guest feedback, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by RVPlusYou about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the suitability of others whom you contact or interact with via the Website or Services.

  1. Bookings and Financial Terms

Bookings and Financial Terms for RV Owners

If you are an RV Owner and a booking is requested for your RV via the Website or Services, you will be required to either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will be automatically cancelled. When a booking is requested via the Website or Services, we may share with you (i) the first and last name of the Guest who has requested the booking, (ii) a link to the Guest’s RVPlusYou Account profile page, (iii) the names of any members of any Social Sites with whom you are “friends” or associated on the Social Sites if such individuals are also “friends” or associated with the Guest on such Social Sites, and (iv) an indication that the name that the Guest provided to RVPlusYou when the Guest became a Member matches the name that the Guest provided to the Social Sites to which the Guest has linked his or her RVPlusYou Account, so that you can view such information before confirming or rejecting the booking request. When you confirm a booking requested by a Guest, RVPlusYou will send you an email, text message or message via the Application confirming such booking, depending on the preferred communication selections you make via the Website or Services.

RVPlusYou will collect the Rental Fees at the time of booking confirmation (i.e. when the RV Owner confirms the booking request) and will initiate payment of the Rental Fees (less Guest Service Fees and, in RVPlusYou’s sole discretion, any Taxes) to the RV Owner within three (3) business days of when the Guest checks out of the applicable RV (except to the extent that a refund is due to the Guest). The time it takes for the RV Owner to receive payouts may depend upon the method for receiving payouts chosen by the RV Owner. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the RV Owner, including deducting their charges from the payout amount. Balances will be remitted by RVPlusYou to RV Owners via check, PayPal, direct deposit or other payment methods described on the Website or via the Application, in the RV Owner’s currency of choice, depending upon the selections the RV Owner makes via the Website or Services. Please note that RVPlusYou may impose or deduct foreign currency processing costs on or from any payments or payouts by RVPlusYou in currencies other than U.S. dollars. Amounts, including but not limited to Guest Service Fees, may be rounded up or down to the nearest cent denominated in USD.

You understand and agree that once a Guest requests a booking of your RV, you may not request the Guest to pay a higher price than in the booking request. You understand and agree that you can offer a special price for the booking of your RV that is lower than the booking request price. You also understand and agree that you can offer extra services, through our Website, that are not in the original booking request.

Guest Service Fee

RVPlusYou charges a Guest Service Fee for each confirmed booking: 8% to 17% of the total RV rental fees.  The Guest Service Fee (booking fee) is due and will be charged at the time of confirmation and payment. The Guest Service Fee is not refundable under any circumstances whatsoever. In the event the Guest cancels a reservation, for any reason whatsoever, the Guest Service Fee will be deducted from any refund due the Guest. In the event the RV Owner cancels a confirmed reservation, for any reason whatsoever, the RV Owner will be liable to RVPlusYou for the Guest Service Fee in addition to whatever damages may be sought by the Guest.

In the event payment is made directly from Guest to RV Owner, RV Owner shall be liable to RVPlusYou for payment of the Guest Service Fee for each occurrence. Failure to promptly remit the Guest Service Fee to RVPlusYou upon the commencement of the subject stay may result in the immediate or subsequent removal of the offending RV Owner’s listing(s) on the Website, at the sole discretion of RVPlusYou, and failure to take such action in one instance shall not act as a waiver of RVPlusYou’s right to take such action at any time.

Appointment of RVPlusYou as Limited Payment Collection Agent for RV Owner

Each RV Owner hereby appoints RVPlusYou as the RV Owner’s limited payment collection agent solely for the purpose of accepting the Rental Fees from Guests.

Each RV Owner agrees that payment made by a Guest through RVPlusYou, shall be considered the same as a payment made directly to the RV Owner, and the RV Owner will make the RV available to the Guest in the agreed-upon manner as if the RV Owner has received the Rental Fees. Each RV Owner agrees that RVPlusYou may, in accordance with the cancellation policy selected by the RV Owner and reflected in the relevant Listing, (i) permit the Guest to cancel the booking, and (ii) refund (via RVPlusYou) to the Guest that portion of the Rental Fees specified in the applicable cancellation policy. Each RV Owner understands that as RVPlusYou accepts payments from Guests as the RV Owner’s limited payment collection agent and that RVPlusYou’s obligation to pay the RV Owner is subject to and conditional upon successful receipt of the associated payments from Guests. RVPlusYou does not guarantee payments to RV Owners for amounts that have not been successfully received by RVPlusYou from Guests, based on Payment Policy, and in all cases, RVPlusYou Guest and Owner service fees will apply. In accepting appointment as the limited authorized agent of the RV Owner, RVPlusYou assumes no liability for any acts or omissions of the RV Owner or Guest.

Please note that RVPlusYou does not currently charge fees for the creation of Listings. However, you as an RV Owner acknowledge and agree that RVPlusYou reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that RVPlusYou will provide notice of any Listing fee collection via the Website or Services, prior to implementing such a Listing fee feature.

Appointment of RVPlusYou as Limited Payment Collection Agent for RV Delivery Specialist

Each RV Delivery Specialist hereby appoints RVPlusYou as the RV Delivery Specialist’s limited payment collection agent solely for the purpose of accepting the RV Delivery Services Fees from RV Owner and/or Guests.

Each RV Delivery Specialist agrees that payment made by a Guest and/or RV Owner through RVPlusYou, shall be considered the same as a payment made directly to the RV Delivery Specialist, and the RV Delivery Specialist will make the RV Delivery Services available to the RV Owner and/or Guest in the agreed-upon manner as if the RV Delivery Specialist has received the RV Delivery Services Fees. Each RV Delivery Specialist agrees that RVPlusYou may, in accordance with the cancellation policy selected by the RV Delivery Specialist, and reflected in the relevant Listing, (i) permit the RV Owner and/or Guest to cancel the booking, and (ii) refund (via RVPlusYou) to the RV Owner and/or Guest that portion of the RV Delivery Services Fees specified in the applicable cancellation policy. Each RV Delivery Specialist understands that as RVPlusYou accepts payments from RV Owners and/or Guests as the RV Delivery Specialist’s limited payment collection agent and that RVPlusYou’s payment obligation to pay the RV Delivery Specialist is subject to and conditional upon successful receipt of the associated payments from RV Owners and/or Guests. RVPlusYou does not guarantee payments to the RV Delivery Specialist for amounts that have not been successfully received by RVPlusYou from RV Owners and/or Guests. In accepting appointment as the limited authorized agent of the RV Delivery Specialist, RVPlusYou assumes no liability for any acts or omissions of the RV Delivery Specialist, RV Owner or Guest.

Please note that RVPlusYou does not currently charge fees for the creation of Listings. However, you as an RV Delivery Specialist acknowledge and agree that RVPlusYou reserves the right, in its sole discretion, to charge you and collect fees from you for the creation of Listings. Please note that RVPlusYou will provide notice of any Listing fee collection via the Website or Services, prior to implementing such a Listing fee feature.

Bookings and Financial Terms for Guests

The RV Owners, not RVPlusYou, are solely responsible for honoring any confirmed bookings and making available any RVs reserved through the Website or Services. If you, as a Guest, choose to enter into a transaction with an RV Owner for the booking of an RV, you agree and understand that you will be required to enter into an agreement with the RV Owner and you agree to accept any terms, conditions, rules and restrictions associated with such RV imposed by the RV Owner. You acknowledge and agree that you, and not RVPlusYou, will be responsible for performing the obligations of any such agreements, that RVPlusYou is not a party to such agreements, and that, with the exception of its payment obligations hereunder, RVPlusYou disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that RVPlusYou is not a party to the agreement between you and the RV Owner, RVPlusYou acts as the RV Owner’s payment collection agent for the limited purpose of accepting payments from you on behalf of the RV Owner. Upon your payment of the Rental Fees to RVPlusYou, your payment obligation to the RV Owner for the Rental Fees is extinguished, and RVPlusYou is responsible for remitting the Rental Fees (less Guest Service Fees and any Taxes in respect to the Rental Fees), in the manner described in these Terms.

The Rental Fees payable will be displayed to a Guest before the Guest sends a booking request to an RV Owner. As noted above, the RV Owner is required to either confirm or reject the booking request within the Booking Request Period, otherwise the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable RV Owner), any amounts collected by RVPlusYou will be refunded to such Guest, depending on the selections the Guest makes via the Website or Services, and any pre-authorization of such Guest’s credit card will be released, if applicable.

You as a Guest agree to pay RVPlusYou for the Rental Fees for any booking requested in connection with your RVPlusYou account if such requested bookings are confirmed by the applicable RV Owner. In order to establish a booking pending the applicable RV Owner’s confirmation of your requested booking, you understand and agree that RVPlusYou, on behalf of the RV Owner, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Rental Fees, or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting ( e.g. one euro or one British pound) to verify your credit card. Once RVPlusYou receives confirmation of your booking from the applicable RV Owner, RVPlusYou will collect the Rental Fees in accordance with the terms and conditions of these Terms, our Payment Policy and the pricing terms set forth in the applicable Listing. Please note that RVPlusYou cannot control any fees that may be charged to a Guest by his or her bank related to RVPlusYou’s collection of the Rental Fees, and RVPlusYou disclaims all liability in this regard.

In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to RVPlusYou or its third-party payment processor(s). You agree to pay RVPlusYou for any confirmed bookings made in connection with your RVPlusYou Account in accordance with these Terms by one of the methods described on the Website, e.g. by PayPal or credit card. More information about our Payment Policy can be found here. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by RVPlusYou or indirectly, via a third-party online payment processor or by one of the payment methods described on the Website. You also authorize RVPlusYou to charge your credit card in the event of damage caused to an RV as contemplated under “Damage to RVs” below and for Security Deposits, if applicable. If you are directed to RVPlusYou’s third-party payment processor(s), you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking. Please note that RVPlusYou, may impose or deduct foreign currency processing costs on or from any payments or payouts by RVPlusYou in currencies other than U.S. dollars.

Bookings and Financial Terms of RV Delivery Services

The RV Delivery Specialist, not RVPlusYou, is solely responsible for honoring any confirmed bookings and making available any RV Delivery Services reserved through the Website or Services. If you, as an RV Owner and/or Guest, choose to enter into a transaction with an RV Delivery Specialist for the booking of RV Delivery Services, you agree and understand that you will be required to enter into an agreement with the RV Delivery Specialist and you agree to accept any terms, conditions, rules and restrictions associated with such RV Delivery Services imposed by the RV Delivery Specialist. You acknowledge and agree that you, and not RVPlusYou, will be responsible for performing the obligations of any such agreements, that RVPlusYou is not a party to such agreements, and that, with the exception of its payment obligations hereunder, RVPlusYou disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that RVPlusYou is not a party to the agreement between you and the RV Delivery Service Specialist, RVPlusYou acts as the RV Delivery Specialist’s payment collection agent for the limited purpose of accepting payments from you on behalf of the RV Delivery Service Specialist. Upon your payment of the RV Delivery Services Fees to RVPlusYou, your payment obligation to the RV Delivery Specialist for the RV Delivery Services Fees is extinguished, and RVPlusYou is responsible for remitting the RV Delivery Services Fees (less RV Delivery Services Service Fees and any Taxes in respect of the RV Delivery Services Fees), in the manner described in these Terms.

The RV Delivery Services Fees payable will be displayed to an RV Owner and/or Guest before the RV Owner and/or Guest sends a booking request to an RV Delivery Specialist. As noted above, the RV Delivery Service is required to either confirm or reject the booking request within the Booking Request Period, otherwise the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable RV Delivery Service Specialist), any amounts collected by RVPlusYou will be refunded to such RV Owner and/or Guest, depending on the selections the RV Owner and/or Guest makes via the Website or Services, and any pre-authorization of such RV Owners and/or Guest’s credit card will be released, if applicable.

You as an RV Owner and/or Guest agree to pay RVPlusYou for the RV Delivery Services Fees for any booking requested in connection with your RVPlusYou Account if such requested bookings are confirmed by the applicable RV Delivery Specialist. In order to establish a booking pending the applicable RV Delivery Specialist’s confirmation of your requested booking, you understand and agree that RVPlusYou, on behalf of the RV Delivery Specialist, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the RV Delivery Services Fees, or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting ( e.g. one euro or one British pound) to verify your credit card. Once RVPlusYou receives confirmation of your booking from the applicable RV Delivery Specialist, RVPlusYou will collect the RV Delivery Services Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that RVPlusYou cannot control any fees that may be charged to an RV Owner and/or Guest by his or her bank related to RVPlusYou’s collection of the RV Delivery Services Fees, and RVPlusYou disclaims all liability in this regard.

In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to RVPlusYou or its third-party payment processor(s). You agree to pay RVPlusYou for any confirmed bookings made in connection with your RVPlusYou Account in accordance with these Terms by one of the methods described on the Website, e.g. by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by RVPlusYou or indirectly, via a third-party online payment processor or by one of the payment methods described on the Website. If you are directed to RVPlusYou’s third-party payment processor(s), you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking. Please note that RVPlusYou, may impose or deduct foreign currency processing costs on or from any payments or payouts by RVPlusYou in currencies other than U.S. dollars.

Security Deposits

RV Owners may choose to include security deposits in their Listings (“Security Deposits”). Each Listing will describe whether a Security Deposit is required for the applicable Accommodation. If there is no damage to the RV at the conclusion of the rental period, the deposit will be returned in full to the Guest within three (3) business days, or not charged to credit card according to our Payment Policy. Please note that upon RVPlusYou receipt of notice of a claim under the RVPlusYou Insurance Program by the Guest or RV Owner, the Security Deposit will be held by RVPlusYou until the processing and settling of the claim or until any litigation brought has been fully resolved. In addition, RVPlusYou may use the Security Deposit to meet the deductible for a claim as the need may arise. If a Security Deposit is included in a Listing for a confirmed booking of an Accommodation, RVPlusYou will, in its capacity as the payment collection agent of the RV owner, use its commercially reasonable efforts to obtain a pre-authorization of the Guest’s credit card in the amount the RV owner determines for the Security Deposit within a reasonable time prior to the Guest’s check-in at the applicable RV owners’ Accommodation. RVPlusYou will also use its commercially reasonable efforts to address RV owners’ requests and claims related to Security Deposits, however, RVPlusYou is not responsible for administering or accepting any claims by RV owners related to Security Deposits, and disclaims any and all liability in this regard.

Cancellations and Refunds

If, as a Guest, you cancel your requested booking before the requested booking is confirmed by an RV Owner, RVPlusYou will cancel any pre-authorization to your credit card or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Guest, you wish to cancel a confirmed booking made via the Website or Services, either prior to or after arriving at the RV, the cancellation policy of the RV Owner contained in the applicable Listing will apply to such cancellation, as well as our Guest Refund Policy. Our ability to refund the Rental Fees and other amounts charged to you will depend upon the terms of the applicable cancellation and refund policy. Details regarding RV Owner refunds and cancellation policies are available via the Website or Services. PLEASE NOTE, THE GUEST SERVICE FEE IS NON-REFUNDABLE REGARDLESS OF THE CANCELLATION POLICY SELECTED BY THE RV OWNER. IN THE EVENT THE GUEST CANCELS A CONFIRMED BOOKING, FOR ANY REASON WHATSOEVER, THE GUEST SERVICE FEE WILL BE DEDUCTED FROM ANY REFUND DUE THE GUEST.

If an RV Owner cancels a confirmed booking made via the Website, Services, and Application for any reason, THE GUEST SERVICES FEES AND HOST FEES STILL APPLY AND MAY BE DIRECTLY BILLED OR DEDUCTED FROM RV OWNER’S FUTURE REVENUE.

In the case of an RV Owner cancellation, (i) RVPlusYou will refund the Rental Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation, and (ii) the Guest will receive an email or other communication from RVPlusYou containing alternative Listings and other related information, in addition to any other rights and remedies available under the Guest Refund Policy. If the Guest requests a booking from one of the alternative Listings and the RV Owner associated with such alternative Listing confirms the Guest’s requested booking, then the Guest agrees to pay RVPlusYou the Rental Fees relating to the confirmed booking for the RV in the alternative Listing, in accordance with these Terms. If an RV Owner cancelled a confirmed booking and you, as a Guest, have not received an email or other communication from RVPlusYou, please contact RVPlusYou.

If an RV Delivery Service cancels a confirmed booking made via the Website, Services, and Application, (i) RVPlusYou will refund the RV Delivery Services Fees for such booking to the applicable RV Owner and/or Guest within a commercially reasonable time of the cancellation, and (ii) the RV Owner and/or Guest will receive an email or other communication from RVPlusYou containing alternative Listings and other related information, in addition to any other rights and remedies available under the Guest Refund Policy. If the RV Owner and/or Guest requests a booking from one of the alternative Listings and the RV Delivery Service associated with such alternative Listing confirms the RV Owners and/or Guest’s requested booking, then the RV owner and/or Guest agrees to pay RVPlusYou the RV Delivery Services Fees relating to the confirmed booking for the RV Delivery Services in the alternative Listing, in accordance with these Terms. If an RV Delivery Service cancelled a confirmed booking and you, as an RV Owner and/or  Guest, have not received an email or other communication from RVPlusYou, please contact RVPlusYou.

If, as an RV Owner or RV Delivery Service, you cancel a confirmed booking, THE GUEST SERVICES FEES AND HOST FEES STILL APPLY AND MAY BE DIRECTLY BILLED OR DEDUCTED FROM RV OWNER’S FUTURE REVENUE. RVPlusYou may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be billed directly or withheld from your future payouts), in addition to any other rights and remedies available under the Guest Refund Policy. It is your responsibility to be aware of and know  the situations in which a cancellation fee applies before you decide to cancel.

In certain circumstances, RVPlusYou may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking between an RV Owner and a Guest made via the Website or Services. This may be for reasons set forth in this Agreement or for any other reason. RVPlusYou may then also determine, in its sole discretion, to refund to the Guest part or all of the amounts charged to the Guest in accordance with this Agreement. In such event, you agree that RVPlusYou and the relevant Guest or RV Owner will not have any liability for such cancellations or refunds.

In certain circumstances, RVPlusYou may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking between an RV Delivery Service and RV Owner and/or Guest made via the Website or Services. This may be for reasons set forth in this Agreement or for any other reason. RVPlusYou may then also determine, in its sole discretion, to refund to the RV Owner and/or Guest part or all of the amounts charged to the RV Owner and/or Guest in accordance with this Agreement. In such event, you agree that RVPlusYou and the relevant RV Delivery Service, Guest or RV Owner will not have any liability for such cancellations or refunds.

Recurring Payments

In some instances, Guests may be required to make recurring, incremental payments toward the Rental Fees owed for a confirmed booking before beginning his or her stay at the applicable RV (collectively, “Recurring Payments”). More information on Recurring Payments will be made available via the Website or Services, if applicable. If Recurring Payments apply to a confirmed booking, then the Guest authorizes RVPlusYou, on behalf of the RV Owner, to collect the Rental Fees and the RV Owner agrees that such RVPlusYou entity will initiate payouts to the RV Owner, in the increments and at the frequency associated with the applicable Recurring Payments, identified on the Website or Payment Policy page

Payment Processing Errors

We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.

Taxes

Tax regulations may require us to collect appropriate tax information from our RV Owners and/or RV Delivery Specialists, or to withhold taxes from payouts to RV Owners and/or RV Owners, or both. For instance, IRS regulations stipulate that we must collect an IRS Form W-9 from our US RV Owners and/or RV Delivery Specialists, and an appropriate IRS Form W-8 (e.g. Form W-8BEN) from non-US RV Owners and/or RV Delivery Specialists with at least one Listing in the US. You as an RV Owner and/or RV Delivery Specialist are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as an RV Owner and/or RV Delivery Specialist fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold payments to you (e.g. where you are a US RV Owner and you fail to provide us with a completed IRS Form W-9), we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.

You as an RV Owner and/or RV Delivery Specialist understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. RVPlusYou cannot and does not offer Tax-related advice to any Members.

Where applicable, or based upon request from an RV Owner and/or RV Delivery Specialist, RVPlusYou may issue a valid VAT invoice to such RV Owner and/or RV Delivery Specialist.

You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority”) where your RV is located may require Taxes to be collected by RV Owners from Guests on the amount paid for the right to use or occupancy of RVs, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes are generally required to be collected and remitted as a percentage of the rent or Rental Fees set by RV Owners, a set amount per day, or other variations, and are sometimes called “occupancy taxes,” “hotel taxes,” “lodging taxes,” “transient taxes,” “sales and use taxes,” “value added taxes,” “room taxes” or “tourist taxes” (hereafter, “Occupancy Taxes“).

In certain jurisdictions, RVPlusYou may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from Guests on behalf of and in-lieu of RV Owners, if such tax jurisdiction asserts RVPlusYou or RV Owners have a tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate collection and remittance of Occupancy Taxes, whether you are a Guest or RV Owner, you hereby instruct and authorize RVPlusYou to collect Occupancy Taxes from Guests on behalf of and in lieu of RV Owners at the time Rental Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. When RVPlusYou facilitates collection or remittance of Occupancy Taxes in a jurisdiction for the first time, RVPlusYou will provide notice to existing RV Owners with Listings for RVs in such jurisdictions. The amount of Occupancy Taxes collected and remitted through facilitation by RVPlusYou, if any, will be visible to and separately stated to both Guests and RV Owners on their respective transaction documents. Guests and RV Owners agree that in any jurisdiction where RVPlusYou facilitates collection and remittance of Occupancy Taxes on behalf of and lieu of RV Owners, such RV Owners are not permitted to also collect or remit such taxes on any portion of the Rental Fees. RV Owners and Guests acknowledge and agree that in some jurisdictions, RVPlusYou may not be able to facilitate collection and remittance of Occupancy Taxes. In any jurisdiction in which we have not provided notice of, or are not facilitating collection and remittance of Occupancy Taxes to the Tax Authority in your jurisdiction, RV Owners and Guests remain solely responsible and liable for the collection or remittance of any and all Occupancy Taxes that may apply to RVs. For any jurisdiction in which we facilitate collection and remittance of Occupancy Taxes, RV Owners and Guests expressly grant us permission to transfer data and other information relating to Occupancy Taxes, if any, collected and remitted relating to your transactions.

Whether you are a Guest, RV Owner or RV Delivery Specialist, you agree that any claim or cause of action relating to collection and remittance of Taxes shall not extend to any supplier or vendor that may be used by RVPlusYou in connection with collection and remittance of Occupancy Taxes, if any. Guests, RV Delivery Specialists and RV Owners agree that we may seek additional amounts from you in the event that the Taxes collected or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by RVPlusYou from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.

Damage to RV’s

As a Guest, you are responsible for leaving the RV in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the RV. In the event that an RV Owner claims otherwise and provides evidence of damage, including but not limited to photographs, or receipts to repair any damage, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given three (3) business days to respond and contest any such claim with the RV Owner, the payment will be charged to and taken from the credit card on file in your RVPlusYou Account. RVPlusYou reserves the right to charge the credit card on file in your RVPlusYou Account, or otherwise collect payment from you and pursue any avenues available to RVPlusYou in this regard, including using Security Deposits, in situations in which we have determined, in RVPlusYou’s sole discretion, that you have damaged any RV, including, but not limited to, in relation to any payment requests made by RV Owners, and in relation to any payments made by RVPlusYou to RV Owners. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the RV to the applicable RV Owner or to RVPlusYou (if applicable).

Both Guests and RV Owners agree to cooperate with and assist RVPlusYou in good faith, and to provide RVPlusYou with such information and take such actions as may be reasonably requested by RVPlusYou, in connection with any complaints or claims made by any person or entity relating to a Listing or any personal or other property of a Guest or RV Owner or with respect to any investigation undertaken by RVPlusYou or a representative of RVPlusYou regarding use or abuse of the Website, Application or the Services. If you are a Guest, upon RVPlusYou’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with an RV Owner, at no cost to you, which process will be conducted by RVPlusYou or a third party selected by RVPlusYou, with respect to losses for which the RV Owner is claiming.

If you are a Guest, you understand and agree that RV Owner and RVPlusYou reserves the right, in its sole discretion, to make a claim under your homeowner’s, renter’s or other insurance policy related to any damage, injury or loss that you may have actually or allegedly caused or been responsible for or to an RV or any personal or other property located at an RV. You agree to cooperate with and assist RV Owner and RVPlusYou in good faith, and to provide RV Owner and RVPlusYou with such information as may be reasonably requested by RV Owner or RVPlusYou, in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as RV Owner or RVPlusYou may reasonably request to assist RV Owner or RVPlusYou in accomplishing the foregoing.

  1. No Resale of Service

You agree not to reproduce, duplicate, copy, modify, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, sell, resell or exploit for any commercial purpose, or any other purpose, any of the information or services obtained from the Website, Including Content.

  1. General Practices Regarding Use and Storage

You acknowledge that we may establish general practices and limits concerning use of our Website, including but not limited to matters pertaining to the number and size of emails, time Content and other information will remain on our Website, limitations on what Content may be posted and when and how long we will retain it.

We may at any time destroy or log off accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

  1. Limitations on Service

You acknowledge that RVPlusYou may establish limits concerning use of the Website or the Service, including the maximum number of days that Content will be retained by the Service or available on the Website, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Website, and the frequency with which you may access the Website. You understand that the technical processing and transmission of the Website, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree that RVPlusYou has no responsibility or liability for the deletion or failure to store any Content, maintained or transmitted by the Website. You acknowledge that RVPlusYou reserves the right at any time to modify or discontinue the Website or the Service (or any part thereof) with or without notice, and that RVPlusYou shall not be liable to you or to any third party in any manner whatsoever for any modification, suspension or discontinuance of the Website or the Service.

  1. Termination

You understand and agree that we may terminate your account at any time, if we believe it to be in our best interests or in the best interests of our users.

  1. Dealings With Other Users and Advertisers

Your dealings with other users, Guests, RV Owners, RV Delivery Specialist or advertisers found on or through the Website or the Service are solely between you and such other party. You agree that RVPlusYou shall not be responsible or liable for any loss or damage whatsoever incurred as the result of any such dealings. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any user, Guest, RV Owner, RV Delivery Service advertiser, or any other party or third-party. We do not control such parties, and are not responsible for their actions or inactions in any manner whatsoever.

  1. Our Proprietary Rights

You acknowledge and agree that the Content and software used by us, as well as the photos, graphics, text and other material appearing on our Website, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on anything found on our Website.

  1. Disclaimers

IF YOU CHOOSE TO USE THE WEBSITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT RVPLUSYOU DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND RV OWNERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE WEBSITE, APPLICATION, SERVICES, COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, RVPLUSYOU EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. RVPLUSYOU MAKES NO WARRANTY THAT THE WEBSITE, APPLICATION, 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. RVPLUSYOU MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, RVS, BENEFITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE WEBSITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RVPLUSYOU OR THROUGH THE WEBSITE, APPLICATION, 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 WEBSITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY RV OWNERS, RV DELIVERY SERVICE OR GUESTS. YOU UNDERSTAND THAT RVPLUSYOU DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE WEBSITE OR SERVICES OR BENEFITS OR TO REVIEW OR VISIT ANY RVS. RVPLUSYOU MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE WEBSITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE WEBSITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS, RV DELIVERY SERVICE AND RV OWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY RVPLUSYOU. NOTWITHSTANDING RVPLUSYOU’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE RV OWNERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM GUESTS ON BEHALF OF THE RV OWNERS, RVPLUSYOU EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY. ALSO, NOTWITHSTANDING RVPLUSYOU’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE RV DELIVERY SERVICE FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM RV OWNERS AND/OR GUESTS ON BEHALF OF THE RV DELIVERY SERVICES, RVPLUSYOU EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY RV OWNER AND/OR GUEST OR OTHER THIRD PARTY.

 

  1. Additional Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND THAT (EXCEPT WHERE PROHIBITED BY LAW): a) YOUR USE OF THE WEBSITE OR THE SERVICE IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) WE MAKE NO WARRANTY THAT: (i) THE WEBSITE OR SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED OR THAT ANY PORTION OF THE WEBSITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES. c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

  1. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY RVS VIA THE WEBSITE OR SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF RVPLUSYOU WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER RVPLUSYOU NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, APPLICATION, SERVICES, OR THE COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, 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 WEBSITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE WEBSITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, APPLICATION, SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY RV VIA THE WEBSITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RVPLUSYOU 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 RV OWNERS AND/OR RV DELIVERY SPECIALISTS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE RVPLUSYOU RV OWNER GUARANTEE, IN NO EVENT WILL RVPLUSYOU’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE WEBSITE OR SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY RV VIA THE WEBSITE OR SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY RV OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE WEBSITE OR SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE AN RV OWNER, THE AMOUNTS PAID BY RVPLUSYOU TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US $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 RVPLUSYOU 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, IN SUCH STATES OR JURISDICTIONS, RVPLUSYOU’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST RVPLUSYOU WITH RESPECT TO THE TERMS OF THE WEBSITE OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USING THE WEBSITE.

THE PROPERTY MANAGERS, RV OWNERS, RV DELIVERY SPECIALISTS, SERVICES AND OTHER SUPPLIERS PROVIDING RV RENTAL PROPERTY OR RV RENTAL INFORMATION, TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF RVPLUSYOU, OR RVPLUSYOU AFFILIATES. RVPLUSYOU AND RVPLUSYOU AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. RVPLUSYOU AND RVPLUSYOU AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

  1. Indemnification

You agree to release, indemnify and hold us, and our subsidiaries, affiliates, officers, directors, agents, co-branders, attorneys, joint-ventures, employees, or other partners, harmless from any claims, liabilities, damages, losses and expenses, including without limitation attorney’s fees, arising out of or in any way connected with: (a) your access to or use of the Website, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an RV, or (iii) creation of a Listing; and (d) the use, condition or rental of an 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 an RV.

  1. Notice

Notices to you may be made via either email or regular mail. We may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to you generally on the Website.

  1. Trademark Information

RVPlusYou.com, the RVPlusYou.com logo, trademarks and service marks, and other RVPlusYou.com logos and product and service names are trademarks of RVPlusYou (the “Marks“). You agree not to display or use the Marks in any manner without the prior written permission of RVPlusYou, LLC, in each instance.

  1. Copyright Policy

RVPlusYou respects copyright law and expects its users to do the same. It is RVPlusYou’s policy to terminate in appropriate circumstances the RVPlusYou Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

  1. Privacy Policy

See RVPlusYou’s Privacy Policy at https://rvplusyou.com/kb/privacy-policy/ for information and notices concerning RVPlusYou’s collection and use of your personal information.

  1. General Information

(a) This Agreement constitutes the entire agreement between you and RVPlusYou and governs your use of the Website and the Service, superseding any prior agreements between you and RVPlusYou. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. This Agreement and the relationship between you and RVPlusYou shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and RVPlusYou agree to submit to the personal and exclusive jurisdiction of the courts located within the State of California, in the County of San Luis Obispo. You acknowledge that RVPlusYou shall have the right to take legal action against you if your actions violate this Agreement to the detriment of RVPlusYou or any of its affiliates. The failure of RVPlusYou to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

(b) You confirm that you have read, understand and agree to the RVPlusYou Privacy Policy, the terms of which are Incorporated herein.

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

  1. Violations

Please report any violations of this Agreement to our Customer Service or email info@RVPlusYou.com