MARGARITAWHEELS RENTAL
@margaritawheels.com
Terms of Service
Last updated: January 11, 2024
Please read these Terms of Service ("Agreement") carefully before using any of the Services (as
that term is defined below) provided by Margarita Wheels, Inc ("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
the Company. Our Privacy Policy is incorporated by reference into this Agreement. 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. Listing services are restricted to those persons who are twenty-one (21) years of
age and older. 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.
“Collective Content” means Member Content and Company Content.
“Company Content” means all Content that Company makes available through the website or
Services, including any Content licensed from a third party, but excluding Member Content.
“Content” means text, graphics, images, music, software (excluding the Company mobile
application), audio, video, information and any other content or materials.
“Listing” means an RV that is listed by an Owner as available for rent via the Services.
“Member” means a person who completes Company’s account registration process, including,
but not limited to Owners and Renters.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or
transmits to be made available on the website or through the Services.
“Owner” means a Member who creates a Listing via the Services.
“Renter” means a Member who requests a booking of an RV via the Services, or a Member who
uses an RV rented via the Services and is not the Owner for such RV.
“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.
"Security Deposit Waiver” means a Member-optional protection product that allows a Renter to
pay a non-refundable fee when they check out in lieu of the Owner’s security deposit.
“Services” means the services provided through the Company’s website and mobile
applications, pursuant to which Owners and Renters may connect, so that Renters may rent an
Owner’s RV for a period of time for a price negotiated by and between the Renter and Owner.
“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. Users
include Members.
2. Company is Not a Party to any Transaction between Members.
Company is not and does not hold itself out to be a party to any rental agreements between RV
Owner and RV Renter. Company does not endorse or hold itself out to endorse any Members. In
addition, the Company is not an RV broker, agent or insurer. Company does not have control over
the conduct of Owners and/or Renters or any others that may use the website or Services
provided by Company. Company expressly disclaims all liability in regard to the above to the
maximum extent permitted by law. Accordingly, Owners and Renters are acting on their own
behalf and at their own risk.
Company is not an owner or operator of RVs, including, but not limited to, trailers, towables,
campers, vans, coaches, or other RVs, nor is it a provider of RVs. Company does not own, sell,
resell, furnish, provide, rent, re-rent, manage and/or control RVs, or transportation or travel
services. Company’s responsibilities are limited to facilitating the availability of the website and
Services.
Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations
applicable to their use of the website, their use of any tool, service or product offered on the
website and any transaction they enter into on the website or in connection with their use of the
website.
Owners further agree that they are responsible for and agree to abide by all laws, rules,
ordinances, or regulations applicable to the listing of their RV and the conduct of their rental
business, including but not limited to any and all laws, rules, ordinances, regulations or other
requirements relating to taxes, credit cards, data and privacy, permits or license requirements,
zoning ordinances, manufacturer's specifications, safety compliance and compliance with all
anti-discrimination and fair housing laws, as applicable. Please be aware that, even though we
are not a party to any rental transaction and assume no liability for legal or regulatory
compliance pertaining to RVs listed on the Site, there may be circumstances where we are
nevertheless legally obligated (as we may determine in our sole discretion) to provide
information relating to your Listing in order to comply with requests from governmental bodies
in relation to investigations, litigation or administrative proceedings, and we may choose to
comply with such obligations in our sole discretion.
3. Services; License to Use the Website & Services.
The Services provided through the Company’s website and mobile applications connect Owners
and Renters, so that Renters may rent an Owner’s RV for a period of time for a price negotiated
by and between the Owner and Renter. The Owner and/or 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. You may
search Listings as an unregistered User on the website; however, if you wish to book an RV or
create a Listing, you must first register and create an account.
Users are granted a limited, revocable non-exclusive license to access the website and the
Services solely for the purpose of listing an RV, searching for an RV, purchasing or researching
(for the purpose of inquiring about purchasing) any of the products or services offered on the
website, or for any other purpose clearly stated on the website, all in accordance with this
Agreement. Any use of the website that is not for one of these purposes or otherwise in
accordance with this Agreement or as otherwise authorized by us in writing is expressly
prohibited.
4. 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 not to be
considered representation or prepared for either rental party on behalf of Company. Rental
parties utilize such forms at their own risk and responsibility.
Listings. Owners may create a Listing(s) for an RV(s) through their owner dashboard when they
log into their account. By listing an RV, Owners are agreeing to provide true and accurate
information and are representing that the information that they are providing is accurate, that
the photos contained in the Listing are actual photos of the RV being advertised, and that they
are not misrepresenting their RV in any way.
Each Owner further represents and warrants that any Listing that such Owner posts and the
booking of, or a Renter’s use of, an RV in a Listing: (i) will not breach any agreements such
Owner entered into with any third parties, and (ii) will (a) be in compliance with all applicable
laws, Tax requirements, and rules and regulations that may apply to any RV included in a Listing
posted by such Owner (including having all required permits, licenses and registrations); and (b)
not conflict with the rights of third parties.
Please note that the Company assumes no responsibility for a rental party’s compliance with
any agreements with or duties to third parties, applicable laws, rules, and regulations. Company
disclaims any responsibility for the accuracy of the information provided by an Owner. Company
reserves the right to edit any portion of the Listing including the content or the photos contained
and provided in the Listing. Further, Company reserves the right to (but is under no obligation to)
terminate any Listing, without notice to you, either temporarily or permanently, if Company
believes that any of the information posted is inaccurate and/or misrepresents the RV in any
way.
Restrictions on RV Substitutions. When a listing is published, the RV in the listing is connected
to that listing permanently. RV details and listings must not be swapped out or substituted for
another RV. The replacement of an RV on an existing listing is both misleading and against
RVshare policy. In order to accurately advertise your RV to renters, any time a new RV is added
to an account, it must be set up as a new listing. Reviews and insurance and protection, among
other important details on the listing, do not transfer to another RV and relate to each uniquely
identified RV.
Member Content. By making available any Member Content on or through the website or the
Services, you hereby grant to Company a worldwide, irrevocable, perpetual, non-exclusive,
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, or by means of the
Services or otherwise. Without limiting the generality of the foregoing, Company may aggregate
Member Content and other Member or User data with the data and information of other
Members and Users of the Services for purposes of data analytics and in order to measure,
enhance, and improve the Services; provided, that any such aggregation or analysis will be on an
anonymous, non-personally identifiable basis, and will not identify any data as belonging to or
being provided by any specific customer or other organization.
You acknowledge and agree that you are solely responsible for all Member Content that you
make available through the Services. Accordingly, you represent and warrant that: (i) you either
are the sole and exclusive owner of all Member Content that you make available through the
Services or you have all rights, licenses, consents and releases that are necessary to grant to
Company the rights in such Member Content, as contemplated under this Agreement; and (ii)
neither the Member Content nor your posting, uploading, publication, submission or transmittal
of the Member Content or Company’s use of the Member Content (or any portion thereof) on,
through or by means of the Services or otherwise will infringe, misappropriate or violate a third
party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual
property rights, or rights of publicity or privacy, or result in the violation of any applicable law or
regulation.
5. Unauthorized Uses of the Website and Services.
The license to use the website and Services granted to Users does not include any right of
collection, aggregation, copying, scraping, duplication, display or any derivative use of the
website nor any right of use of data mining, robots, spiders or similar data gathering and
extraction tools without our prior written permission; provided, however, that a limited exception
from the foregoing exclusion is provided to general purpose internet search engines that use
tools to gather information for the sole purpose of displaying hyperlinks to the website, provided
they each do so from a stable IP address or range of IP addresses using an easily identifiable
agent.
Unauthorized uses of the website also include, without limitation, those listed below. You agree
not to do any of the following, unless otherwise previously and specifically agreed to by us:
● Any commercial use of the website or any content on the website, other than by
Members in good standing;
● Copy, reproduce, upload, post, display, republish, distribute or transmit any part of the
Collective Content in any form whatsoever;
● Reproduce any portion of the website on your website or otherwise, using any device
including, but not limited to, use of a frame or border around the website, or other
framing technique to enclose any portion or aspect of the website, or mirror or replicate
any portion of the website;
● Deep-link to any portion of the website without our express written permission;
● Modify, translate into any language or computer language or create derivative works
from, any content or any part of the website;
● Reverse engineer any part of the website;
● Sell, offer for sale, transfer or license any portion of the website in any form to any third
parties;
● Use the website and its inquiry or booking functionality other than to advertise and/or
research RVs, to make legitimate inquiries or any other use expressly authorized on the
website;
● Use the website to post or transmit information that is in any way false, fraudulent, or
misleading, including making any reservation or inquiry under false pretenses, or taking
any action that may be considered phishing or that would give rise to criminal or civil
liability;
● Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar,
indecent, inflammatory, sexually explicit, pornographic or profane material;
● Violate, plagiarize or infringe the rights of us or third parties including, without limitation,
copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other
intellectual or proprietary rights; or
● Use or access the website in any way that, in our sole discretion, adversely affects, or
could adversely affect, the performance or function of the website or any other system
used by us or the website.
PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO
FACILITATE THE BOOKING OF RVS. COMPANY CANNOT AND DOES NOT CONTROL THE
CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF
ANY RVS. COMPANY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY
RELATED TO ANY AND ALL LISTINGS AND RV SAFETY INCLUDING ANY PAST, CURRENT OR
FUTURE RECALLS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE RENTER’S AND
OWNER’S OWN RISK.
6. Use of Other Users’ Information; No Spam.
You agree that, with respect to other Users’ personal information that you obtain directly or
indirectly from or through the website or through any Services, transaction or software, we have
granted to you a license to use such information only for: (i) website-related communications
that are not unsolicited commercial messages, (ii) using Services offered through the website,
and (iii) inquiring about or otherwise facilitating a financial transaction between you and the
other User related to the purpose of the website. Any other purpose will require express
permission from the User. You may not use any such information for any unlawful purpose or
with any unlawful intent.
We do not tolerate spam or unsolicited commercial electronic communications of any kind.
Therefore, without limiting the foregoing, you are not licensed to add a User, even a User who
has rented an RV from you or to you, to your mailing list (email or physical mail) without the
User’s express consent. You may not use any tool or service on the website to send spam or
unsolicited commercial electronic communications of any kind or in any other way that would
violate this Agreement.
7. Account Registration; Identity Verification.
In order to list an RV as available for rent, Owners must become a Member and sign up with an
account through the Company. Renters must create an account in order to use the Services
provided by the Company and rent an RV. Accounts may be created through third-party accounts
such as Facebook or Google, or, Users have the option to create an account with a valid email
address. PLEASE NOTE THAT YOUR RELATIONSHIP WITH SUCH THIRD-PARTY ACCOUNTS IS
GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
Company reserves the right to terminate an account at any time with no notice.
In order to access and use the Service, you will be required to apply for and obtain a username
and password. You are responsible for maintaining the security and confidentiality of any user
name or password assigned to you. You agree to (i) keep your password and username for both
your account with us and your email account (if you use it to create your website account)
secure and strictly confidential, providing it only to authorized users of your accounts, (ii)
instruct each person to whom you give your user name and password that he or she is not to
disclose it to any unauthorized person, (iii) notify us immediately and select a new username
and password if you believe your password for either your account with us or your email
account may have become known to an unauthorized person, and (iv) notify us immediately if
you are contacted by anyone requesting your username and password. Further, if we suspect
any unauthorized access to your account, upon our request, you agree to promptly change your
user name and password and take any other related action as we may reasonably request.
We discourage you from giving anyone access to your user name and password for your
account with us. However, if you do give someone your username and password, or if you fail to
adequately safeguard such information, you are responsible for any and all transactions that the
person performs while using your account, even those transactions that are fraudulent or that
you did not intend or want performed.
EACH MEMBER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER COMPANY NOR ANY OF
ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED
TRANSACTION MADE USING ANY MEMBER’S USER NAME OR PASSWORD; AND (2) THE
UNAUTHORIZED USE OF YOUR USER NAME AND PASSWORD FOR YOUR WEBSITE ACCOUNT
COULD CAUSE YOU TO INCUR LIABILITY TO BOTH COMPANY AND OTHER USERS.
Although this Agreement requires all Members to provide accurate information, the Company
does not attempt to confirm, and does not confirm, any Member’s purported identity or other
information provided by the Member. It is your sole responsibility for determining the identity
and suitability of others who you contact via the Services. Except as provided by this Agreement,
we will not be responsible for any damage or harm resulting from your interactions with any
User or other party through the website or the Services. We therefore recommend that you
always exercise due diligence and care when deciding whether to rent a RV from an Owner, or to
accept a booking request from a Renter, or to have any other interaction with any User or other
party. We are not responsible for any damage or harm resulting from your interactions with
other Users or third parties.
Further, we may, without notice to you, suspend or cancel your listing or reservation at any time
even without receiving notice from you if we suspect, in our sole discretion, that your account
with us or your email account is being used in an unauthorized or fraudulent manner.
Consumer Report Authorization. When you attempt to book or list an RV on RVshare, you are
providing Margarita Wheels and DigiSure with written instructions and authorization in
accordance with the Fair Credit Reporting Act, applicable consumer reporting laws, or any other
similar laws to obtain your personal and/or business auto insurance score, credit report or
conduct a background check, including obtaining a motor vehicle report or a criminal
background check where permissible under applicable law. You are also authorizing Margarita
Wheels and DigiSure to obtain your personal and/or business auto insurance score, credit report
or conduct a background check at any timeMargarita Wheels reasonably believes there may be
an increased level of risk associated with your account or reservation. You understand that,
pursuant to the federal Fair Credit Reporting Act, if any adverse action is to be taken based upon
the consumer report, a copy of the report and a summary of the consumer's rights will be
provided to you. You also agree to the Consumer Report Authorization for additional drivers.
8. Payment Processing.
You expressly understand and agree that Margarita Wheels shall not be liable for any issues
regarding financial and monetary transactions between you and any other party, including
Zelle,or Credit Card .
You are responsible for all transactions (one-time and refunds) processed through the Services
and/or Stripe. RVshare 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.
9. Online Booking.
Owner and Renter will negotiate and set all RV rental pricing between themselves. Owner is
responsible for requesting payment from Renter through the 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 the Company's secure payment system. Company guarantees all
RV Rental payments made through Company’s payment system up to ten thousand US dollars
($10,000.00 USD). At the Owner’s discretion, Renters may split the booking payment in to two
(2) installments, if and only if the rental dates are more than thirty (30) days in advance of the
first payments; However, in all cases, final payment must be made on or before thirty (30) days
prior to the rental date. Company holds all payments made during the thirty (30)-day period.
Company will release payments, minus all applicable fees collected by Company, to the
applicable Owner one (1) business day after the beginning of the rental date.
If you are an Owner and a booking is requested for your RV via the Services, you may be required
to either confirm or reject the booking within twenty-four (24) hours of when the booking is
requested (as determined by Company in its sole discretion) or the booking request may be
automatically canceled. If you are unable to confirm or decide to reject a booking within such
twenty-four (24)-hour period, any amounts collected by Company for the requested booking may
be refunded to the applicable Renter’s credit card and any pre-authorization of such credit card
will be released. When you confirm a booking requested by a Renter, Company will send you an
email, text message or message via the Services confirming such booking, depending on the
selections you make.
By utilizing a separate rental agreement as part of the Services or otherwise displaying terms
relating to the rental as part of the online booking process, You hereby acknowledge and agree
that (i) any such separate rental agreement is directly between the Renter and/or Owner
(whichever is applicable), (ii) the Company is not party to any separate rental agreement, (iii) any
rental agreement used, whether a sample provided by the Company or other agreement, is used
solely at their own risk and expense, (iv) nothing contained in the rental agreement, on the
website or in this Agreement is a substitute for the advice of an attorney and (v) that you have
been hereby advised to obtain local legal counsel to prepare, review and revise as necessary any
rental agreements to ensure compliance with federal, state and local law and their particular
circumstances, and to revise the rental agreement as necessary to accurately represent the RV,
rules, features, etc. If there is any conflict between the terms of a separate rental agreement
between the Renter and Owner, and these Terms of Service, the Terms of Service shall govern.
10. Appointment of RVshare as Limited Payment Collection Agent for Owner.
Each RV Owner collects payment for services provided via the website and Services hereby
appoints Company as the Owner’s limited agent solely for the purpose of collecting payments
made by Renters purchasing such services. Each Owner agrees that payment made by a Renter
to an Owner through Company shall be considered the same as a payment made directly to the
Owner and the Owner will make the RV available to Renter in the agreed upon manner as if the
Owner had received payment directly from the Renter. Each Owner agrees that the Company
may, in accordance with the cancellation policy selected by the Owner and reflected in the
relevant Listing: (i) permit the Renter to cancel the booking and (ii) refund to the Renter that
portion of the payment specified in the applicable cancellation policy. If there is a dispute
concerning the cancellation policy or any refunds, the Company must be contacted at least
twenty-four (24) hours prior to the rental start date. In accepting appointment as the limited
payment collection agent of the Owner, Company assumes no liability for any acts or omissions
of the Owner. Owner understands and recognizes Company as the limited payment collection
agent and agrees that Company controls the dispersal of all funds in accordance with this
Agreement and the cancellation policy chosen by Owner and that Company has the final say in
all payment disputes. In accepting appointment as the limited payment collection agent of the
Owner, Company assumes no liability for any acts or omissions of the Owner.
Please note that the Company does not currently charge fees for the creation of Listings.
However, you acknowledge and agree that the Company reserves the right, in its sole discretion,
to charge you for and collect fees from you for the creation of Listings, or for other features of
the Services. Please note that the Company will provide notice of any such additional fees via
the Services, prior to implementing such fees.
11. 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 Owner. 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
Members agree to assist Company and the Company’s third-party insurance and protection
administrator, DigiSure, 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 Owner 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 Margarita Wheels 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 Owner
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 Owner’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. There is a per-day charge for
each additional driver to defray the cost of screening the eligibility of the additional driver.
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 we or the Owner 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 we, the Owner or the Processor pay a toll or Violation on your
behalf, you authorize us, the Owner, or the Processor to charge all such payments, service fees
and administrative fees to the payment card you used in connection with the rental.
We or the Owner 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 our repossession of it.
12. Security Deposits.
Owners have the ability to set a security deposit amount and to select whether the optional
Security Deposit Waiver can be offered to the Renter. Company will collect and hold in escrow a
security deposit forty-eight (48) hours prior to the rental date for Owners and up to forty-eight
(48) hours from the rental end date. Company will hold all security deposit funds during the
rental period or make available applicable replacement funds under the Security Deposit Waiver
if purchased by the Renter. Owners have the right to request a payment from the security
deposit funds or Security Deposit Waiver if eligible for disbursement within the forty-eight (48)
hours after the rental end date. Owners must submit dated departure and return forms including
photos along with their request for reimbursement. DigiSure will review the request for payment
and process the requested amount to Owners after seventy-two (72) hours have passed from
the rental end date, should DigiSure approve the request. DigiSure may also request additional
information from either rental party. If, as a Renter, DigiSure determines that you 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 Listing and/or any additional charges.
After the completion of the rental period, certain amounts charged by the Owner in excess of the
security deposit must be expressly agreed to by the Renter in writing before Company will
charge the Renter’s credit card for the overage amount. The Security Deposit Waiver does not
cover overages.
Should a dispute arise between the rental parties, DigiSure will use commercial standards and
act as a neutral third party to settle any disputes. DigiSure will serve as the final authority on all
security deposit dispute resolution.
13. Insurance; Owner optional Insurance and Protection administered by DigiSure underwritten
by Crum & Forster Specialty Insurance Company.
Members are solely responsible for obtaining insurance coverage sufficient to protect their RVs,
guests, or trip, as applicable. Owners agree that they have the appropriate insurance coverage
in compliance with state and federal laws sufficient to protect the Company, Owner and Renter’s
liability and RV damage outside the Company platform before listing the RV for rent on the
website and will maintain adequate insurance coverage for so long as they list RVs for rent on
the website. Owners agree to provide Company with copies of relevant proof of coverage upon
request.
Owner Optional Insurance and Protection administered by DigiSure and underwritten by Crum &
Forster Specialty Insurance Company. If the owner chooses to require insurance and protection
administered by DigiSure (the “The Protection Plan”) the Renter will be responsible to complete
the insurance and protection check-out process, be approved by DigiSure and pay the cost for
The Protection Plan in order for coverage to be activated. Crum & Forster Specialty Insurance
company underwrites the third-party liability excess and surplus lines policy issued in the state
of Ohio. Note the Company is not a broker, agent or insurer.
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 theThe 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. Units 20 years old or newer and a max actual cash value up to $300,000 will
have physical damage protection with a per occurrence claim deductible. Margarita Wheels is
not an insurance company, and contractual reimbursement for physical damage to your vehicle
is not insurance. Margarita Wheels will reimburse Member for eligible physical damage costs in
excess of the deductible, subject to terms and exclusions, for the lesser of the cost of repair up
to the actual cash value of the RV up to a max limit of $300,000. If your RV is damaged (not
totaled) and repaired, you’re not protected for any diminution in the value of your RV. There is
also no guarantee, expressed or implied, for the quality of repairs you obtain. If a shop repairs
the eligible damage and the repairs later turn out to be of low quality, there will be no
reimbursement by the Company for repeat repairs. 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 Crum &
Forster Specialty Insurance Company at the applicable limit for Members and the state
minimum financial responsibility limit for the Renter unless the Renter selects and purchases
the Protection Plan Preferred Package with a per occurrence claim deductible, on an excess
basis.
If The Protection Plan is canceled at your request prior to taking possession of the RV rental,
there will be no minimum earned charge retained by DigiSure or Crum & Forster for insurance
and protection. However, if The Protection Plan is canceled at your request after taking
possession of the RV rental, the charges will be earned pro rata calculated based on the number
of days of the actual trip and retained by DigiSure and Crum & Forster.
The Crum & Forster insurance policy in The Protection Plan does not offer nor cover You, or
anyone using the RV, for uninsured, underinsured or uninsured/underinsured motorists’ bodily
injury or property damage, medical payments coverage or personal injury protection or any other
coverage not noted above and pre-approved by DigiSure. The named insured has rejected all
coverage other than the coverage defined and offered for purchase herein and as a purchaser of
coverage under the Crum & Forster insurance policy in The Protection Plan you expressly agree
to the selection and rejections made by the named insured under the Crum & Forster insurance
policy in The Protection Plan. However, The Crum & Forster insurance policy in the Protection
Plan may comply with individual state specific requirements. If an accident, to which the Crum
& Forster insurance policy in The Protection Plan applies, occurs in any state or province other
than the one in which the Crum & Forster insurance policy in The Protection Plan is written, we
will interpret the Crum & Forster insurance policy in The Protection Plan coverage for the
Accident or occurrence as follows:
If the state or province has a financial responsibility, compulsory insurance or similar law
requiring a driver using a recreational vehicle in that state or province to maintain insurance with
limits of liability for bodily injury or property damage higher than the limits in the Crum & Forster
insurance policy in The Protection Plan provides, then the limits of liability under the Crum &
Forster insurance policy in The Protection Plan applied to that accident will be the higher
Minimum Liability Coverage limits required by the law in that state or province or the applicable
limits of liability provided for that insured under the Crum & Forster insurance policy in The
Protection Plan.
The Protection Plan’s coverage territory is the United States and Canada. There is no coverage
for accidents occurring in Mexico.
The Protection Plan will be reduced by 200% of the applicable deductible for any damage that
occurs to a RV taken to a festival that is unauthorized by RVshare, including but not limited to
“Burning Man” hosted by the Burning Man Project in the vicinity of Black Rock Desert, Nevada.
The Security Deposit Waiver does not cover damage occurring at Burning Man.
By purchasing the Crum & Forster insurance policy in The Protection Plan, you expressly agree
that you understand that the coverages are limited as set forth above and that the intent of the
Crum & Forster Insurance Policy in The Protection Plan that you selected and purchased is to
provide liability coverage to third parties who may be injured by your operation of the RV and
that The Protection Plan only provides physical damage protection for the RV you have rented
once the Renter has taken possession and does not cover the Owner during delivery or pickup of
the unit to the Renter’s location.
The Crum & Forster liability insurance policy is not covered under the states’ property and
casualty guaranty fund, and the insurer or the risk retention group from which your purchasing
group obtained its insurance may not be subject to all of the insurance laws and rules of this
state.
Completed departure and return forms, supplied by Company, must be submitted in the event a
claim occurred and is filed. The departure forms including photos must be completed before the
trip starts and the return forms including photos must be dated by the Owner no later than
forty-eight (48) hours after the end of term in which the loss occurred. In the event that the
Owner does not complete the departure forms including photos before the trip start and the
return forms including photos, as supplied by Company, within forty-eight (48) hours after the
end of term in which the loss occurred, then any damages paid out of The Protection Plan will
be reduced by 200% of the applicable deductible listed on the declarations page up to a
maximum of $3,000 per occurrence. Any accident involving bodily injury or property damage to
others or a stolen vehicle or hit-and-run or phantom vehicle must be reported to the appropriate
law enforcement agency immediately or no later than seventy-two (72) hours after the accident.
The Protection Plan will not pay for a loss which is not reported within 30 days after the end of
the rental term in which the loss occurred.
Renter agrees that the Company may charge their payment method for the full cost of The
Protection Plan related to a rental booked through Company. In addition, the Renter authorizes
the Company to charge the credit card or ACH used to make the booking to collect up to The
Protection Plan’s max $3,000 deductible per occurrence amount owed in excess of the withheld
Security Deposit. The Security Deposit Waiver, if purchased by the Renter, will cover up to the
first $1,500 in eligible covered damages towards the applicable insurance and protection
deductible.
In the event that a Renter initiates a chargeback with their credit card company for The
Protection Plan charges, the Company will use commercially reasonable efforts to dispute the
validity of the chargeback. Owner and Renter agree to cooperate with the Company and to
provide any information that may be reasonably requested by the Company in its investigation.
Owner and Renter authorize the Company to share information about a chargeback with the
Company, the Renter, the Renter’s financial institution, the Owner, and the Owner’s financial
institution in order to investigate or mediate a chargeback. Renter acknowledges that
chargeback 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
chargeback are made at the sole discretion of the applicable issuing bank, card network, or
NACHA. If the chargeback is upheld or additional funds are not secured, the Owner is
responsible for the difference between the security deposit and the applicable deductible(s).
Your risk is not protected by the states’ property and casualty guaranty fund, and the insurer or
the risk retention group from which your purchasing group obtained its insurance may not be
subject to all of the insurance laws and rules of this state.
14. Company Service Fees.
In consideration for your access to and use of the Services, you agree to pay the fees, charges,
and other amounts set forth herein or that may otherwise be charged by Company from time to
time and as set forth on the website or the Services. Payment for Services will be paid via credit
card or ACH directly to the Company. Company reserves the right to increase fees at the end of
each term without notice to the Party. In the event of non-payment or late payment, the
Company reserves the right to suspend services until the full amount due is paid in full.
Delinquent amounts are subject to interest of 1.5% per month on any outstanding balance, or
the maximum permitted by law, whichever is less, plus all expenses of collection, including
Company’s attorneys’ fees. You will continue to be charged for amounts owed hereunder during
any period of payment delinquency. Further, and without limiting any other rights or remedies
available to Company hereunder or under applicable law, in the case of any payment default,
Company, may, in its sole discretion, remove or delete any of your Member Content or other data
that may be stored or maintained by you on the Services. Removal of such Member Content or
data does not relieve you of your obligation to pay any outstanding charges assessed to your
account. Company will not be obligated to restore any Member Content or other data removed
from the Services for Members or other users who are in default.
Company charges an Margarita Wheels Service Fee payable by Renters who book via the
website. The Margarita Wheels Service Fee covers the use of the website and Services,
including such features as guaranteed 24/7 roadside support, and is calculated as a percentage
of the total reservation amount (which may or may not include additional fees, taxes and
deposits). The exact Margarita Wheels Service Fee charged will be displayed to Renters at the
time of booking.
The Margarita Wheels Service Fee will be refunded along the lines outlined in Section 16 below.
Any taxes alleged to be owed by any taxing authority on the Margar Service Fee are the
responsibility of the Company.
15. Margarita Wheels Renter Fees.
The fees you see listed below are related to any post-rental resolution between the Owner and
the Renter that requires Company involvement. The list may not be exclusive and the Owner and
Renter may agree to additional fees outside of this Agreement. Failure to charge any of the fees
below shall not constitute a waiver of the right to exercise the same in the event another fee
should become due at any other time. More information about the Post-Trip Fee Policy can be
found in the help center.
Administrative Fee. Company shall charge the Renter an administrative fee on any charges
listed by the Owner on the Return form (identified as overages, charges, damages).
Late Fee. If a Renter returns the RV after the agreed rental period end time, such Renter will be
charged a late fee. This late fee is calculated by combining an administrative fee to the prorated
hourly rental rate (based on the daily rate for the RV rented). There is a one (1)-hour grace period
with each rental. If the late return results in the disruption of another rental or Company needs to
find the owner of the RV alternative transportation due to the late return, the Renter will pay the
full daily rate for every eight (8) hours the RV is late. These charges will be added to the initial
rental rate agreed upon by the Owner and Renter.
Cleaning Fee. We understand that RVs get dirty out on the road. Returning an RV with a normal
amount of dirt is acceptable and will not result in any additional charges. However, if an RV is
returned covered in dirt, soot, trash, food, wine stains, etc., and you, as Renter, do not clean the
RV prior to returning it, the Owner may charge the Renter, possibly through Company, an
additional cleaning fee. These fees may vary for each Owner.
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 an Owner
cancellation. If a Renter does contact the 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 Owner’s
cancellation policy.
Refueling Fee. Renters should check with the Owner 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 Owners offer are:
● The Owner includes fuel with the rental (not very common).
● The Renter refuels the RV prior to the end of the rental and returns it with the same
amount of fuel at the time of pickup. If the rented RV is not refueled upon return, the
Owner will send the Company the receipt. The amount will be charged to the Renter plus
an administrative fee.
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 Good Sams or 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.
16. Cancellation Policies; Refunds.
Company offers various levels of cancellation policies to Owners. Owners will choose from the
policies outlined below when negotiating or setting the price for their RV rentMal. Each
cancellation policy details the possible refund for the Renter.
● Flexible: Renter is entitled to a full refund of monies paid, less the Margarita Wheels
Service Fee, for all cancellations made at least thirty (30) days prior to the rental start
date. If Renter cancels within the thirty (30)-day window immediately prior to the rental
start date, the Renter is only entitled to a fifty percent (50%) refund of all monies paid,
less the Margarita Wheels Service Fee.
● Standard: Renter is entitled to a full refund of monies paid, less the Margarita Wheels
Service Fee, for all cancellations made at least thirty (30) days prior to the rental start
date. If Renter cancels between twenty-nine (29) and fourteen (14) days prior to the
rental start date, the Renter is only entitled to a fifty percent (50%) refund of all monies
paid, less the Margarita Wheels Service Fee. If a cancellation is made within the fourteen
(14)-day window immediately prior to the rental start date, the booking is
non-refundable.
● Strict: Renter is entitled to a full refund of monies paid, less the Margarita Wheels Service
Fee, for all cancellations made at least thirty (30) days prior to the rental start date. If a
cancellation is made within the thirty (30)-day window immediately prior to the rental
start date, the booking is non-refundable.
If insurance and protection eligibility is declined by DigiSure, the booking will be canceled and
Renter will receive a full refund of money paid and no fees shall be earned by the Owner.
Renter will be required to agree to the cancellation policy selected by the Owner. Any Renter who
wishes to cancel their booking must submit a cancellation request through the RVshare
platform. The cancellation request will be processed according to the Owner’s chosen
cancellation policy which the Renter previously agreed to.
In order to receive any type of refund, cancellations must be made by 11:59pm PST on the day
set forth in the applicable cancellation policy.
For all bookings made seven (7) or more days prior to the rental start date, there is a twenty-four
(24) hour grace cancellation period wherein the Renter will be entitled to a refund of all monies
paid. For all bookings made less than seven (7) days prior to the rental start date, there is only a
one (1)-hour grace cancellation grace period wherein the Renter will be entitled to a refund of all
monies paid. Once the rental period starts, the booking is non-refundable.
U.S. military service members are eligible to receive a full refund regardless of the cancellation
policy if their cancellation is due to an active deployment or other military-issued order
(Company reserves the right to ask for supporting documentation). From time to time, at
Company’s sole discretion, Company may offer refunds outside of the cancellation policy.
17. Chargebacks.
In the event that a Renter initiates a chargeback with their credit card company, for either rental
fees or a security deposit, the Company will inform the Owner that a chargeback has been
initiated. If Company deems that the chargeback is not warranted, Company will use
commercially reasonable efforts to dispute the validity of the chargeback on the Owner’s behalf.
Owner agrees to cooperate with the Company and to provide any information that may be
reasonably requested by the Company in its investigation. If you are an Owner, you authorize
Company to share information about a chargeback with the Renter, the Renter’s financial
institution, and Owner’s financial institution in order to investigate or mediate a chargeback. In
the event that a chargeback dispute is lost, and funds are debited from Company’s account,
Owner authorizes Company to, without notice, recapture such amount from Owner’s bank
account or to withhold such amount from any payment due to Owner now or in the future.
Owner acknowledges that chargeback decisions are made by the applicable issuing bank, card
networks, or NACHA and all judgments as to the validity of the chargeback are made at the sole
discretion of the applicable issuing bank, Card Networks, or NACHA.
18. Taxes.
If you are an Owner, you understand and agree that you are responsible for determining your
applicable Tax-reporting requirements in consultation with your tax advisors. Company does not
offer tax, accounting, financial, legal, or any other professional advice to any users of the
website or the Services. Additionally, except as otherwise provided in this section, note that
each Owner is responsible for determining local indirect Taxes and for including any applicable
Taxes to be collected or obligations relating to applicable Taxes in their Listing(s). In compliance
with state and local tax laws, Margarita Wheels may be required to collect and remit applicable
taxes on behalf of Owners. A list of the Taxes collected by Company is provided on Company’s
website.
Program Participants have to be at least 18 years old. Employees, contractors and other
personnel of the Company or its affiliates (as well as their immediate family members) are
excluded from participation. Program Participants need to be natural persons. Referring Owners
and Referred Owners must at all times be different people and unrelated. Referring Renters and
Referred Renters must at all times be different people and unrelated. Participation in the
Program is void wherever prohibited under applicable law.
A determination on whether or not Participants have qualified for a Referral Bonus will be made
by the Company in its sole and absolute discretion.
A Referring Owner or Referring Renter can only earn up to $600 in every calendar year. Each
Referred Owner or Referred Renter can only use a Referral Link one time to create a Listing or
make a booking, regardless of whether the Referred Owner or Referred Renter received or had
access to separate Referral Links from different referring parties. The Program can only be used
for personal, non-commercial purposes.
Company uses the third-party payment platform, Extole ("Extole ''), to process payments of
Referral Bonuses for the Program. Program Participants will be required to establish an Extole
account. By using Extol or by participating in the Program, you agree to be bound by Extole's
Terms of Service. Further information about Extole and its services can be found at
https://www.extole.com/. You expressly understand and agree that all payments and monetary
transactions are handled by Extole. You agree that the Company shall not be liable for any
issues regarding financial and monetary transactions between you and any other party, including
Extole.
The Program Participants will be responsible for any taxes or charges that may arise due to the
earning and payout of the Referral Bonus.
Referring Owners and Referring Renters are prohibited from forwarding, sharing, or transmitting
Referral Links in violation of applicable anti-spam laws. Each Referring Owner and Referring
Renter will indemnify and hold the Company harmless, from and against any claims that may
arise from any unlawful forwarding, sharing, or transmitting of the Referral Link.
With respect to the Program, Program Participants will: (i) not directly or indirectly (a) offer,
promise, or give to any third party (including any governmental official or political party('s
official, representative or candidate)), or (b) seek, accept, or get promised for itself of for
another party, any gift, payment, reward, consideration, or benefit of any kind that would or could
be construed as bribery or an illegal or corrupt practice, and (ii) comply with all applicable laws
governing anti-bribery and corrupt gifts and practices (including the U.S. Foreign Corrupt
Practices Act and the UK Anti-Bribery Act).
The Company retains the right to, at its sole discretion, review a Program Participant’s
compliance with the terms of the Program. We retain the right to investigate participation in the
Program for any fraudulent activities and take any measures to end them. Referral Bonuses
earned through fraudulent activities or activities in violation of these terms will be null and void
and repayment may be requested by the Company (or, if applicable, applied as an offset or
deduction against a Participant’s Member account).
20. Limitation of Liability.
WE ARE NOT LIABLE AND EXPRESSLY DISCLAIM ANY LIABILITY, FOR THE CONTENT OF ANY
DATA TRANSFERRED EITHER TO OR FROM ANY MEMBER OR OTHER USERS OF THE
SERVICES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY RELATED PERSON,
WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW,
THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE AND
SERVICES REMAINS WITH YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR
COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND WITH OTHER PERSONS
AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED
ANY OWNERS OR RENTERS. YOU UNDERSTAND THAT COMPANY DOES NOT MAKE ANY
ATTEMPT TO VERIFY THE STATEMENTS OF MEMBERS OR OTHER USERS OF THE WEBSITE
OR THE SERVICES, OR TO INSPECT OR VISIT ANY RVS. COMPANY MAKES NO
REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR OTHER USERS
OF THE WEBSITE OR THE SERVICES. YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS
IN ALL COMMUNICATIONS OR INTERACTIONS WITH OTHER USERS, INCLUDING BUT NOT
LIMITED TO OWNERS AND RENTERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN
PERSON. COMPANY SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION
OF ANY OWNER, RENTER, OR OTHER THIRD PARTY. YOU ACKNOWLEDGE THAT COMPANY
DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER OR
OTHER USER.
EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY SHALL BE LIABLE IN ANY WAY
TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS
OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR
SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER
FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING
OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY
ORDER, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS
OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.
THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE
DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT
LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE
MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY
APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY
PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANY
THIRD-PARTY PROVIDER OR ANY USER OF THE SITE WITH RESPECT TO THESE TERMS OR
THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE
USING THE SITE. IN ALL EVENTS, OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY
CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE
GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO
THE ACTION GIVING RISE TO LIABILITY OR (B) $100.00 IN THE AGGREGATE FOR ALL
CLAIMS.
THIS LIMITATION OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION
BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN
CONNECTION WITH THIS AGREEMENT. THE TERMS OF THIS SECTION SHALL SURVIVE ANY
TERMINATION OR EXPIRATION OF THIS AGREEMENT.
21. Disclaimers.
The website and the Services may be subject to limitations, delays, and other problems inherent
in the use of the Internet, mobile devices and electronic communications. We are not
responsible for any delays, delivery failures or other damages resulting from such problems.
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS, AS
AVAILABLE BASIS. COMPANY DOES NOT MAKE ANY WARRANTIES THAT THE SERVICES
WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE; NOR DOES IT MAKE ANY
WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED BY USING THE SERVICES,
PURCHASING A LISTING, OR RENTING AN RV. WITHOUT LIMITING THE FOREGOING, ANY
THIRD-PARTY PRODUCT OR SERVICE PROVIDED TO USER HEREUNDER IS PROVIDED "AS IS"
WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. FURTHER, WE EXPRESSLY
DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,
NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
ACCURACY.
22. Release; Indemnification.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS (INCLUDING,
WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR
USER-CONTRIBUTED CONTENT) OR ANY THIRD PARTY PROVIDER OR ANY THIRD PARTY
WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE WEBSITE,
INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO
RELEASE, REMISE AND FOREVER DISCHARGE COMPANY AND ITS PARENT, SUBSIDIARIES,
AND AFFILIATES COMPANIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, SHAREHOLDERS, ATTORNEYS AND AGENTS (COLLECTIVELY, THE “RVSHARE
GROUP”) FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS,
CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND
DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH
NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE
AND/OR YOUR USE OF THE SITE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542,
WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT
WITH THE DEBTOR.”
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD EACH MEMBER OF THE RVSHARE
GROUP HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY
THE RVSHARE GROUP IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF
THE WEBSITE OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE WEBSITE
(INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION,
TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY
CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR
ACCOUNT TO THE WEBSITE, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD
PARTY PROVIDER, ANY USE OF A TOOL OR SERVICE OFFERED BY US THAT INTERACTS WITH
A THIRD PARTY WEBSITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE OR
ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND
COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES
AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE
OF ANY CLAIM.
WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND
CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU
SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
23. Arbitration; Dispute Resolution.
Company’s right to amend this Agreement, in whole or in part, does not apply to this "Disputes;
Arbitration" section. The version of this “Arbitration” section in effect on the date you last
accepted the Agreement controls.
Any and all claims will be resolved by binding arbitration, rather than in court, except you may
assert claims on an individual basis in small claims court if they qualify. This includes any
claims you assert against us, our subsidiaries, users or any companies offering products or
services through us (which are beneficiaries of this arbitration agreement). This also includes
any claims that arose before you accepted the terms of this Agreement regardless of whether
prior versions of the Agreement required arbitration.
Prior to beginning an arbitration proceeding, you must send a letter describing your claims to the
Company. If we have claims against you, we will give you notice at the email address or street
address you have provided. If the parties are not able to resolve the matter, the party pursuing
arbitration must file a case according to the rules set forth by the American Arbitration
Association (AAA). Arbitrations will be conducted by the AAA under its rules, including the AAA
Arbitration Consumer Rules (together, the “AAA Rules”). Payment of all filing, administration and
arbitrator fees will be governed by the AAA’s rules.
You and Company acknowledge and agree that we are each waiving the right to a trial by jury as
to all arbitrable claims. You and Company acknowledge and agree that we are each waiving the
right to participate as a plaintiff or class member in any purported class action lawsuit,
class-wide arbitration, private attorney-general action, or any other representative proceeding as
to all claims. Further, unless you and Company both otherwise agree in writing, the arbitrator
may not consolidate more than one party’s claims and may not otherwise preside over any form
of any class or representative proceeding.
Arbitration Hearing/Location. You agree that any required arbitration hearing will be conducted
in either (a) Travis County; (b) via phone or video conference; or (e) for any claim or
counterclaim under $25,000, by solely the submission of documents to the arbitrator.
24. Termination; Compliance with Legal Requests.
If, in our sole discretion, any Member submits unsuitable material to our website or into our
database, is not abiding by local regulations, misuses the website or our Systems or is in
material breach of this Agreement, we reserve the right to limit the Member’s use of the website,
impact the Member’s Listing(s) search position, and/or terminate such Member’s Listing
immediately without refund. In addition, if we become aware of or receive a complaint or a
series of complaints from any User or other third party regarding a Member’s listing or rental
practices that, in our sole discretion, warrants the immediate removal of such Member’s Listing
from the website, then we may immediately terminate such Member’s Listing(s) without notice
to the Member and without refund. We assume no duty to investigate complaints. Finally, if any
Member is abusive or offensive to any employee or representative of the RVshare Group, we
reserve the right to terminate such Member’s Listing(s) or subscription(s) immediately without
refund. In addition to reserving the right to terminate any Listing, Company reserves all rights to
respond to any violation of this Agreement or misuse of the website by, including, but not limited
to, hiding a Listing from the search results and removing or changing information that may be
false or misleading.
You agree that monetary damages may not provide a sufficient remedy to Company for your
violation of this Agreement and you consent to Company obtaining injunctive or other equitable
relief for such violations. Companies may release Member Content and other information about
you if required by law or subpoena, or if the information is necessary or appropriate to release to
address an unlawful or harmful activity. Company is not required to provide any refund to you if
you are terminated as a Member or user of the Services because you violated this Agreement.
A Member or other User of the website or Services may terminate this Agreement with Company
at any time with written notice of such party’s intent to cancel. Company may terminate this
Agreement at any time for any reason, with no notice to a Member or other User of the website
or Services. If you or we terminate this Agreement, the clauses of this Agreement that
reasonably should survive termination of the Agreement will remain in effect.
25. Special Terms for Google Maps and Geolocation Tracking.
Google Maps Terms of Use. Users’ use of the website and Services is further subject to Google
Inc.’s Terms of Service for Google Maps set forth at the following URL:
http://maps.google.com/help/terms_maps.html (or such other URL as may be updated by
Google).
Google Maps Legal Notices. The legal notices set forth at the following URLs supplement the
terms and conditions of this Agreement, and are binding on the Users: (i) Google Maps/Google
Earth Additional Terms of Service at
http://www.maps.google.com/help/legalnotices_maps.html (or such other URL as may be
updated by Google) and (ii) Google Privacy Policy at https://www.google.com/policies/privacy/
(or such other URL as may be updated by Google).
The RV may be equipped with global positioning satellite (“GPS”) technology or another
telematics system and/or an event data recorder, and privacy is not guaranteed. Renter agrees
to inform all drivers and passengers that you have authorized release of information collected
by GPS or other telematics system to the Owner and the Company.
26. Reservation of Rights; Use of Marks.
Company expressly reserves all rights in the website, the Services, and all other materials
provided by Company hereunder not specifically granted to a User. It is acknowledged that all
right, title and interest in the website, the Services, and all other materials provided by Company
hereunder, any update, adaptation, translation, customization or derivative work thereof, and all
intellectual property rights therein will remain with Company (or third-party suppliers, if
applicable) and that the Services and all other materials provided by Company hereunder are
licensed and not “sold” to Party. Names, logos, and other materials displayed on the website and
the Services constitute trademarks, trade names, service marks or logos (“Marks”) of Company
or other entities. No User of the website or the Services is authorized to use any such Marks.
Ownership of all such Marks and the goodwill associated therewith remains with Company or
those other entities. Any use of third-party software provided in connection with the Services will
be governed by such third parties’ licenses and not by this Agreement.
27. General Provisions.
Nondiscrimination. At Margarita Wheels Inc. we are committed to providing an RV rental
experience built on a foundation of inclusiveness, safety and respect. Our services are available
to renters and owners without regard to race, color, ethnicity, religion, national origin, ancestry,
disability, sex, gender identity, sexual orientation or marital status. We expect all users to
demonstrate respect and tolerance in all interactions when it comes to the advertisement and
rental of a listed RV, and we reserve the right to remove any user from Margarita Wheels
community who fails to abide by these principles.
No Partnership. Nothing contained in this Agreement places you and Company in the
relationship of principal and agent, master and servant, partners, or joint ventures. Neither party
has, expressly or by implication, or may represent itself as having, any authority to make
contracts or enter into any agreements in the name of the other party, or to obligate or bind the
other party in any manner whatsoever.
Governing Law. These Terms are governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
(“FAA”), AAA Rules, federal arbitration law, and for U.S. residents, the laws of the state in which
you reside (as determined by the billing address you have provided us), without regard to
conflict of laws principles. It is the intent of the parties that the FAA and AAA Rules shall
preempt all state laws to the fullest extent permitted by law.
Revisions to Website; Revisions to this Agreement. This version of the Agreement became
effective on the date set forth above and this version amends the version effective before such
date. We reserve the right, in our sole discretion, to amend this Agreement, in whole or in part,
at any time. Notification of any amendment will be posted on the website by the indication of
the last amendment date at the top of this Agreement and will be effective immediately. When
you log-in or otherwise continue to use the website or the Services, you will be using the website
and the Services subject to this Agreement (as updated). Should any modification or
amendment to this Agreement not be effective, for whatever reason, the prior version of this
Agreement shall remain in effect between you and Company and shall be controlling. Company
reserves the right in its sole discretion to review, improve, modify, terminate, or discontinue,
temporarily or permanently, the website, the Services or any content or information available
thereon with or without notice to you or any user. You agree that Company shall not be liable to
you or any third party for any modification or discontinuance of the website or the Services.
Headings. The headings contained herein are for convenience only and are not part of this
Agreement.
Entire Agreement. This Agreement, including documents incorporated herein by reference,
supersedes all prior discussions, negotiations and agreements between the parties with respect
to the subject matter hereof, and this Agreement constitutes the sole and entire agreement
between the parties with respect to the matters covered hereby. In case of a conflict between
this Agreement and any purchase order, service order, work order, confirmation, correspondence
or other communication of a User or Company, the terms and conditions of this Agreement shall
control. No additional terms or conditions relating to the subject matter of this Agreement shall
be effective unless approved in writing by any authorized representative of you and Company.
Notwithstanding the foregoing, if there is a conflict between this Agreement and terms and
conditions posted for a specific area of the Services, the latter terms and conditions will take
precedence with respect to your use of or access to that area of the Services.
Severability. All rights and restrictions contained in this Agreement may be exercised and shall
be applicable and binding only to the extent that they do not violate any applicable laws and are
intended to be limited to the extent necessary so that they will not render this Agreement illegal,
invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be
held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention
of the parties that the remaining provisions or portions thereof shall constitute their agreement
with respect to the subject matter hereof, and all such remaining provisions or portions thereof
shall remain in full force and effect.
Notices. For notices that are directed to you as part of Company’s general Member or User base,
Company may give notice by means of any of the following: (a) a general notice on the Services;
(b) by electronic mail to your e-mail address on record in Company’s account information; or (c)
by written communication sent by first class mail or pre-paid post to your address listed in
Company’s account information. All notices sent to you specifically under this Agreement (and
not sent to the general customer base) shall be in writing, and may be given by means of any of
the following: (x) by electronic mail to your e-mail address on record in your account
information; or (y) by written communication sent by first class mail or pre-paid post to your
address listed in your account information. All notices to be delivered by you to Company shall
be in writing and shall be delivered by contacting Company here:
https://help-rvshare.force.com/s/contactsupport. Either Company, on one hand, or you, on the
other hand, may update its contact information for receiving notices by providing writing notice
of such update to the other party in the manner provided in this paragraph. A notice delivered
electronically hereunder will be deemed to have been delivered on the date and time of the
signed receipt or confirmation of delivery or transmission thereof, unless that receipt or
confirmation date and time is not a business day or is after 5:00 p.m. local time on a business
day, in which case such notice will be deemed to have been received on the next succeeding
business day. A notice delivered by first class mail or pre-paid post will be deemed to have been
given three (3) business days after mailing or posting.
Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall
operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any
party preclude any other or further exercise thereof or the exercise of any other right or remedy.
No express waiver or assent by any party hereto to any breach of or default in any term or
condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach
of or default in the same or any other term or condition hereof.
Assignment; Successors. You may not assign, delegate, or transfer this Agreement or any of
your rights or obligations hereunder, without the prior written consent of the Company. Any
attempted assignment in violation of the foregoing provision shall be null and void and of no
force or effect whatsoever. Company may assign its rights and obligations under this
Agreement, and may engage subcontractors or agents in performing its duties and exercising
its rights hereunder, without the consent of you or any other party. This Agreement shall be
binding upon and shall inure to the benefit of the parties hereto and their respective successors
and permitted assigns.
Limitation of Actions. No action, regardless of form, arising by reason of or in connection with
this Agreement, the Company, its website, or the Services may be brought by either of you more
than two years after the cause of action has arisen.
Copyright Policy; Notice of Infringement. The website and the Services are protected by U.S.
copyright laws. You may not use, reproduce, modify, transmit, distribute or publicly display any
part of the Website or the Content without our prior written consent.
We will terminate the privileges of any Member or other User who uses the website or the
Services to unlawfully transmit copyrighted material without a license, express consent, valid
defense or fair use exemption to do so. In particular, Members who submit Member Content to
this Site, the website or the Services, whether articles, images, stories, software or other
copyrightable material must ensure that the Member Content they upload does not infringe the
copyrights or other rights of third parties (such as privacy or publicity rights). After proper
notification by the copyright holder or its agent to us, and confirmation through court order or
admission by the User that they have used this website or the Services as an instrument of
unlawful infringement, we will terminate the infringing User’s rights to use and/or access to the
website and the Services. We may also, in our sole discretion, decide to terminate a Member or
other User’s rights to use or access the website or the Services prior to that time if we believe
that the alleged infringement has occurred.
If you believe that your work has been copied on the website in a way that constitutes copyright
infringement, please provide our Copyright Agent the following information:
● An electronic or physical signature of the person authorized to act on behalf of the
owner of the copyright interest.
● A description of the copyrighted work that you claim has been infringed;
● A description of where the material that you claim is infringing is located on the website;
Your address, telephone number, and email address;
● A statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; and
● A statement by you, made under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright owner or authorized to act on the
copyright owner’s behalf.
● Our Copyright Agent for notice of claims of copyright infringement on the Website can
be reached by directing contact to the Copyright Agent at
https://help-rvshare.force.com/s/contactsupport.
Links. The Services or the website may automatically produce search results that reference or
link to third party sites throughout the global Internet. Company has no control over these sites
or the content within them. Company cannot guarantee, represent or warrant that the content
contained in the sites is accurate, legal and/or inoffensive. Company does not endorse the
content of any third-party site, nor do we warrant that they will not contain viruses or otherwise
impact your computer. By using the website or the Services to search for or link to another site,
you agree and understand that you may not make any claim against the Company for any
damages or losses, whatsoever, resulting from your use of the website or the Services to obtain
search results or to link to another site. If you have a problem with a link from the website or the
Services, please notify us, and we will investigate your claim and take any actions we deem
appropriate at our sole discretion.
Feedback. We love to hear what you have to say about the Company, the website, or the
Services, whether good or bad and encourage all Members and other Users to provide feedback,
comments, and suggestions (collectively, “Feedback”) to us at any time. You may send us
feedback by contacting us here: https://help-rvshare.force.com/s/contactsupport. You
acknowledge and agree that all Feedback will be the sole and exclusive property of Company
and you hereby irrevocably assign to Company and agree to irrevocably assign to Company all
of your right, title, and interest in and to all Feedback, including without limitation all worldwide
patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein.
At Company’s request and expense, you will execute documents and take such further acts as
Company may reasonably request to assist Company to acquire, perfect, and maintain its
intellectual property rights and other legal protections for the feedback.