Terms of Service
Please read these Terms of Service ("Agreement") carefully before using any of the Services (as that term is defined below) provided by Adventure RV Rentals at Lake of the Ozarks LLC ("Company”, “we,” or “us”). By using this website and its related mobile application (which we collectively refer to as the “website”) and the Services of Company, you are agreeing to all the terms contained herein. If you do not agree to this Agreement, your only recourse is to not use the website or Services of Company. Please read this Agreement carefully, as it contains important information about limitations of liability and resolution of disputes through arbitration rather than court.
If you do not fully agree to the terms of this Agreement and any other terms and conditions posted or linked to the website, you are not authorized to access or otherwise use the website or Services. Company reserves the right to update this Agreement at any time, at the sole discretion of Company, with or without notice to you. Any modification to this Agreement will take effect immediately. Your continued use and access to the website and Services indicates that you agree to any and all modifications to this Agreement and also that you acknowledge you will be bound to the terms contained herein. Certain areas of the website or Services (and your access to or use of certain aspects of the Services or Collective Content) or different programs or offers that we may extend to you, may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between this Agreement and the terms and conditions posted for a specific area of the Services, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Services.
If you accept or agree to this Agreement 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 this Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity. Rental services are further limited to those persons who are twenty-five (25) years of age and older in accordance with state and federal laws. Any access or use of the Services by anyone under those age restrictions is expressly prohibited. By visiting the website or utilizing the Services, you warrant you are the requisite minimum age, and that you have the right, authority, and capacity to agree to and abide by this Agreement.
1. Definitions.
“Company Content” means all Content that Company makes available through the website or Services, including any Content licensed from a third party.
“Content” means text, graphics, images, music, software, audio, video, information and any other content or materials.
“Renter” means a Member who requests a booking of an RV via the Services.
“RV” means a recreational vehicle including, but not limited to, trailers, towables, campers, vans, coaches, or other recreational vehicles listed on the website. The term “RV” does not include recreational vehicles such as golf carts, boats, bicycles, motorcycles, motor scooters, ATVs, UTVs or other vehicles used to service the RV or Renter.
“Services” means the services provided through the Company’s website and mobile applications, pursuant to which Company’s and Renters may connect, so that Renters may rent a Company’s RV for a period of time for a price negotiated by and between the Renter and Company.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
“User” means a party visiting the website and/or requesting a reservation on the website.
2. Services; License to Use the Website & Services.
The Services provided through the Company’s website and mobile applications connect Company and Renters, so that Renters may rent a Company’s RV for a period of time for a price negotiated by and between the Company and Renter. The Renter may engage Company for Services made available through Company’s communication tools or through the “Request a Quote” platform. The Services are intended to be used to facilitate the rental of RVs.
3. Collective Content.
Forms. Any and all rental agreements and other forms provided by Company, regardless of the nature of the contract, form, or documentation, are provided as a template and are to be considered representation or prepared for either rental party on behalf of Company.
3. Payment Processing.
Our service functions alongside our third-party payment processing provider, Stripe, the Stripe API, and in conjunction, your Stripe account to process credit and debit card transactions for your reservations. To use the Services, you must have an active Stripe Connect account and be bound by the Stripe terms of use. Adventure RV Rentals at Lake of the Ozarks LLC is a “Partner Application” as defined in the Stripe Terms of Service. Therefore, any limitations imposed by Stripe’s terms for Partner Applications also apply to the use of the Services. Your use of Stripe or the Stripe API is governed by your agreement with Stripe and subject to Stripe’s Privacy Policy. We do not see this information when it is being submitted and we do not have any control over the use of this information.
You expressly understand and agree that Adventure RV Rentals at Lake of the Ozarks LLC shall not be liable for any payments and monetary transactions that occur through your use of Stripe. You expressly understand and agree that all payments and monetary transactions are handled by Stripe. You agree that Adventure RV Rentals at Lake of the Ozarks LLC shall not be liable for any issues regarding financial and monetary transactions between you and any other party, including Stripe.
You are responsible for all transactions (one-time and refunds) processed through the Services and/or Stripe. Adventure RV Rentals at Lake of the Ozarks LLC is not liable for loss or damage from errant or invalid transactions processed with Your Stripe Connect account. This includes transactions that were not processed due to a network communication error, or any other reason. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed.
You understand that Adventure RV Rentals at Lake of the Ozarks LLC uses the Stripe API and that the Stripe API is subject to change at any time and such changes may adversely affect the Services. You understand and agree to not hold Adventure RV Rentals at Lake of the Ozarks LLC liable for any adverse effects that actions (whether intentional or unintentional) on the part of Stripe may cause to your Stripe Connect account, your Adventure RV Rentals at Lake of the Ozarks LLC account, or your reservations.
4. Online Booking.
Company and Renter will negotiate and set all RV rental pricing between themselves. Company is responsible for requesting payment from Renter through Company’s secure payment system. All payments by Renters are via credit card.
An RV rental booking is only reserved when the first (or only) payment on a booking reservation has been processed through Company’s secure payment system. Company guarantees all RV Renter payments made through Company’s payment system up to ten thousand US dollars ($10,000.00 USD). At the Company’s discretion, Renters may split the booking payment in to two (2) installments, if and only if the rental dates are more than twenty one (21) days in advance of the first payments; However, in all cases, final payment must be made on or before fourteen (14) days prior to the rental date.
The Company has the ability to review and cancel any rental request for an RV via the Services (as determined by the Company in its sole discretion). When you confirm a booking requested by a Renter, Company will send Renter an email, text message or message via the Services confirming such booking, depending on the selections you make.
5. Damage to RVs; Renter Responsibilities.
Renter will be solely responsible for the condition of the RV which includes both the full interior of the RV and any and all parts of the exterior of the RV during the rental period and the condition that the RV is returned to the Company. Renters (and not Company) will be held liable for any and all damages to the RV that occur during the rental period. Further, Renters will be held liable for any damage that cannot be proven to have existed prior to the rental period. All Renters agree to assist Company and the Company’s third-party insurance and protection administrator, MBA Insurance, in the investigation and settlement of insurance and protection claims, security deposit claims, deductibles and dispute resolution.
If you are towing an RV, you represent and warrant that (i) the towing vehicle that you use during the rental period has the capacity including the applicable brake connector to tow the RV; (ii) any load will be properly loaded and placed for safe operation of the RV; (iii) and you will ensure that when towing the RV, it is properly secured and connected to the towing RV and you will use safety chains, cables, locking devices and other similar devices meeting the requirements of applicable law.
You must return the RV to the place of pick up or other location that the Company specifies, on the date and time due and in the same condition that you received it except for ordinary wear. You must empty waste tanks. If you wish to extend the rental period, you must do so by booking a rental extension through the Adventure RV Rentals at Lake of the Ozarks platform. If the RV is returned after the date and time due, you remain responsible for the loss of and any damage to the RV until the Company inspects it, and charges may continue to accrue. Service to the RV or replacement of parts or accessories during the rental period must have the Company’s prior written approval. You must check and maintain all fluid levels and return the RV with at least the same amount of fuel as when received.
Renter is responsible for adding and receiving prior approval before allowing an additional driver to drive a motorized RV or tow vehicle pulling a non-motorized RV. Renter is responsible for any injuries or damages caused to or by a declined or unlisted driver.
You are responsible for paying the applicable authorities directly for all parking citations, photo enforcement fees, fines for toll evasion, and other fines, fees, and penalties (each a “Violation”) assessed against you, us or the RV during the rental period. If the Company are notified by the authorities that we may be responsible for payment of a Violation, you authorize us to release your rental and payment card information to a processing firm (a “Processor’’) for processing and billing purposes. If the Company or the Processor pay a toll or Violation on your behalf, you authorize the Company, or the Processor to charge all such payments, service fees and administrative fees to the payment card you used in connection with the rental.
The Company may repossess the RV at your expense without notice to you if the RV is abandoned or used in violation of law or this Agreement. You agree to indemnify the Company, defend the Company, and hold the Company harmless from all claims, liability, costs and attorneys’ fees we incur resulting from your repossession of it.
6. Security Deposits.
Adventure RV Rentals at Lake of the Ozarks LLC has the ability to set a security deposit amount. Company will collect and hold in escrow a security deposit forty-eight (48) hours prior to the rental date and up to seventy-two (72) hours from the rental end date. Company will hold all security deposit funds during the rental period. Company’s have the right to request a payment from the security deposit funds if eligible for disbursement within the seventy-two (72) hours after the rental end date. Company will conduct an investigation to determine if, as a Renter, are responsible for damage done to an RV or any personal or other property located in an RV, you authorize Company to charge the credit card or ACH used to make the booking in order to collect any security deposit associated with the reservation and/or any additional charges.
7. Insurance; Company’s Insurance and Protection administered by Brown & Brown of Kentucky, Inc. c/o MBA Insurance Division.
If the Company chooses to require insurance and protection administered by MBA Insurance (the “The Protection Plan”) the Renter will be responsible to complete the insurance and protection check-out process, be approved by MBA and pay the cost for The Protection Plan in order for coverage to be activated.
The Protection Plan covers claims while the Renter or an authorized and pre-approved Driver is operating the vehicle listed on the coverage forms, for the coverage provided by The Protection Plan and for which the Renter has paid the applicable charges. In addition, The Protection Plan covers claims while the vehicle listed on the The Protection Plan is occupied but not under operation, for the coverage provided by The Protection Plan and for which you have paid the applicable charges. The Protection Plan does not cover damages to the tow vehicle of a non-motorized RV or any property being towed by a motorized RV. Towing of a trailer by a covered RV is allowed if approved by the Owner and the maximum combined length of the RV, dolly or trailer tongue and trailer do not exceed 55 feet.
All units will have bodily injury and property damage liability insurance underwritten by Brown & Brown of Kentucky, Inc. c/o MBA Insurance Division at the applicable limit for Renter and the state minimum financial responsibility limit for the Renter.
In the event that a Renter initiates a charge-back with their credit card company for The Protection Plan charges, the Company will use commercially reasonable efforts to dispute the validity of the charge-back. Renter agree to cooperate with the Company and to provide any information that may be reasonably requested by the Company in its investigation. Renter authorize the Company to share information about a charge-back with the Company, the Renter, the Renter’s financial institution. Renter acknowledges that charge-back decisions are made by the applicable issuing bank, card networks, or NACHA (National Automated Clearing House Association) and all judgments as to the validity of the charge-back are made at the sole discretion of the applicable issuing bank, card network, or NACHA.
8. Reservation Deposit
Company requires a $200 reservation deposit to hold Renters booking if booking is completed greater than twenty one (21) days prior Renters booking date. The balance due is collected no later than fourteen (14) days prior booking date. An RV rental booking is only reserved when the first (or only) payment on a booking reservation has been processed through Company’s secure payment system.
9. Company Fees
No-Show Fee. If the Owner does not show up to meet the Renter and make the RV available for the Renter at the agreed upon rental start time, Company will treat this as a Rental cancellation. If a Renter does contact Company to cancel the rental, the Renter will be charged the total amount for the rental period until the issue is resolved. If the Renter does not show to pick up the RV, it will be treated as a Renter cancellation and subject to the Company’s cancellation policy.
Refueling Fee. Renters should check with the Company to discuss their fuel options and miscellaneous charges before the rental begins. The RV’s gas tank and propane tanks should be full when you pick it up, but be sure to discuss expectations and options. The typical refueling options that our Company offer are:
RV Damage. A $100 fee will be incurred for stranding an RV (in addition to any costs incurred to repair the RV). In the case of any damage to the RV (fiberglass, cushions, cabinetry, electronics, etc.), the Renter will be charged the actual cost of parts plus hourly labor costs needed to repair the damaged item. The amount will be charged to the Renter plus an administrative fee.
Lost Item Fee. Any lost or damaged items will be valued at Amazons Internet retail pricing for comparable item(s). The amount must be claimed on the Damage Form and will be charged to the Renter plus an administrative fee.
Pet Fee. Renter must notify Company that they will be having pets stay in the RV. Pets or other animals are allowed into the RV with prior notification to the Company. There is a twenty five (25) dollar pet fee attached to each reservation for each animal. Maximum of 3 animals. Renters agree to comply with all laws, including the federal Americans with Disability Act (ADA). Company may collect fees for any damage sustained to the Rental by pets or animals, including Service Animal.
10. Cancellation Policies; Refunds.
Company offers cancellation to the Renter. 100% refund of all funds returned to the Renter up to 14 days prior the departure date. 50% refund of funds returned to Renter 13 days or less to the start of the rental period.
Adventure RV Rentals at Lake of the Ozarks
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