TERMS AND CONDITIONS
COASTAL HOMES LLC , OPERATING AS GLAMPERS CALIFORNIA TERMS AND CONDITIONS. Updated on 03.15.2022
OVERVIEW
Coastal Homes LLC, operating as Glampers California, (hereafter referred to as “The Company” “we”, “us”, or “our”) provides an online platform that connects us who have RVs (as defined below) to rent with renters seeking to rent such RVs, which platform is accessible at www.glampersca.com/and any other websites through which Glampers California makes the platform available (collectively, the “Web Site”) with any other products or services made available by Glampers California, all of the foregoing are, collectively, the “Services”. By using the Services, you agree to comply with and be legally bound by these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and all Collective Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and Glampers California. Please read carefully these Terms and our Privacy Policy, which may be found at https://www.glampersca.com/privacy-policy and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Services. Failure to use the Services in accordance with these Terms may subject you to civil and criminal penalties.
Please read these Terms of Use carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to be bound by these Terms of Use. If you do not agree to all the Terms of Use, then you are not authorized to access the website or use the Service.
We can use third-party service providers to provide site metrics and other services. These third parties can use cookies, web beacons, and other technologies to collect information, such as your IP address, identifiers associated with your device, other applications to your device, the browsers you use to access our Services, webpages viewed, time spent on webpages, links clicked, and conversion information.
KEY TERMS
“RV” means recreational vehicles, motorized or non-motorized (towable) vehicle
“Rental” means the RV
“Glampers California Content” means all Content that Glampers California makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
“Glampers California mean Glampers California Inc.
“Collective Content” means Member Content and Glampers California Content. “Content” means text, graphics, images, music, software (excluding the Application), audio, video, information, and any other content or materials.
“Renter” means a Member who requests a booking of an RV via the Booking Platform or a Member who uses an RV and is not the Owner for such RV.
“Owner” means Glampers California Inc. who owns or Manage an RV or RV, which is displayed on Glampers California Website
“Listing” means a vehicle that is listed by Glampers California as available for rental via the Services.
“Member” means a person who completed a booking on Glampers California Site and or registered his/ her/it’s interesting to rent an RV.
“Member Content” means all Content that a Member post, uploads, publishes, submits or transmits to be made available through the Services.
“Tax” or “Taxes” mean any sales taxes, goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholdings and personal or corporate income taxes.
“Booking Platform” means the booking system the member use to book an Rv on Glampers California website. The booking Platformed has been provided by a third party company “Wheelbase”
“Wheelbase”
Third-Party Booking platform used on Glampers California site to make RV booking
“Down Time” means the RV is out of action or unavailable for use, or not rentable due to damage coursed by Renter and other reasons based on this agreement
Certain areas of the Services (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these terms and Terms and Conditions posted for a specific area of the Services, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Services.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE US. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR TO PARTICIPATE IN THE REFERRAL PROGRAM.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
MODIFICATION
Glampers California reserves the right, at its sole discretion, to modify the Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Services or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
OTHER POLICIES
You agree that you will comply with all written Glampers California rules, agreements, and policies that are made available by Glampers California on the Services and which are incorporated herein by reference. These include, without limitation
Fees Policy
Cancellation Policy
Insurance Policy
RV Eligibility Policy
Booking Agreement (available at the time of booking)
Charter Party Agreement (available at the time of booking)
Or any other policies posted on the Services
MINIMUM AGE
The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older. The minimum age to rent an insured vehicle is 25 years old. The minimum age to drive or tow an RV is 25 years old
HOW IS THE SERVICE WORKS
The Services can be used for the booking of RVs. Such RVs are included in Listings on the Services by Glampers California or Owners. You may view Listings as an unregistered visitor to the Services; however, if you wish to book an RV or create a Listing, you must first contact Glampers California via the Booking Platform.
As stated above, Glampers California makes available a platform or marketplace with related technology for Renters and Owners to meet online and arrange for bookings of RVs. Glampers California is also owner or operator of RVs, including, but not limited to, trailers, towable, campers, vans, coaches, caravans or other RVs unless otherwise specified.
Glampers California’s responsibilities are limited to: (i) facilitating the availability of the Services and (ii) serving as the limited agent of each Owner for the purpose of accepting payments from Renters on behalf of the Owner.
RENTER ELIGIBILITY AND APPLICATION PROCESS
The following are the minimum eligibility requirements as a renter:
You must hold a current, valid (non-temporary) driver’s license, and present your license to the owner when you begin your rental. You must be at least 25 years of age. You must be approved by Glampers California through identity verification and other background checks that the company requires. You are required to demonstrate at least three years of current, licensed driving history and must hold a valid Driver’s License. If you hold a foreign license, you must be at least 25, and you will be required to provide your passport, an international driver's permit or a photograph of your current driver's license. You must possess a mobile phone in your own name that we can verify through text message and you must be a registered user of Glampers California Booking Platform
APPLICATION PROCESS
The application process is usually easy and quick. When you rent your first RV, we ask for your payment information, your personal information and your Drivers’ License information or International Driver Permit so that we can ensure you meet our eligibility requirements. In most cases, the driver eligibility check takes seconds, as long as we can verify all of your information. Glampers California may use the third-party source(s) to complete your eligibility check and will not share information outside of this scope. In some cases, we may need additional information for verification purposes, and you will be provided with these requirements when you attempt to book an RV or travel trailer, or you may go through our pre-approval process, so you’ll be ready when it’s time to book.
We will create your Glampers California Account and you can access our Services based on the personal information you provide to us one (1) active Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Glampers California reserves the right to suspend or terminate your Account and your access to the Services if you create more than one (1) Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
PAYMENT
Each Renter agrees that payment to Glampers California will result in The Company will make the RV available to Renter in an agreed-upon manner. Renter agrees that in accordance with the cancellation policy acknowledged by the Renter and reflected in the relevant Listing, (i) permit the Renter to cancel the booking and (ii) refund to the Renter that portion of the RV Fees specified in the applicable cancellation policy.
By using the payment functionality provided by Glampers California you agree to the Wheelbase Booking System of Service and Wheelbase Privacy Policy ( Find here WHeelbase privacy policy http://Wheelbase.com/privacy ). You authorize Glampers California to collect and share with Wheelbase your personal information including full name, email address, and financial information for the purpose of pay services booked on your behalf.
BOOKING AND FINANCIAL TERMS FOR RENTERS
Glampers California is responsible for honoring any confirmed bookings and making available any RVs reserved through the Services. If you, as a Renter, choose to enter into a transaction with Glampers California for the booking of an RV, you agree and understand that you will be required to enter into an agreement with Glampers California and you agree to accept any terms, conditions, rules, and restrictions associated with such RV booking by the The Company. You agree to pay Glampers California for any confirmed bookings made in connection with your Booking in accordance with these Terms by one of the methods described on the Site or Application – e.g. by cash or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking directly by Glampers California. You also authorize Glampers California to charge the Renter’s credit card in the event of damage caused on an RV as contemplated under “Damage to RVs” below and for Security Deposits (as defined below), if applicable. Once a confirmed booking transaction is completed you will receive a confirmation email summarizing the confirmed booking.
You agree that you may not use Glampers California Services and then complete a booking of an RV transaction outside of the Glampers California Services in order to circumvent the obligation to pay any portion of Service Fees related to the provision of the Services. If you circumvent any portion of the Service Fees related to the Wheelbase Software, Glampers California reserves the right to reject or deny the related transaction as a valid transaction and reserves the right to chancel your booking.
You agree to pay Glampers California for the Total Fees for any booking requested by the Renter if such requested bookings are confirmed . In order to establish a booking pending the applicable confirmation of your requested booking, you understand and agree that Glampers California reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1) to verify your credit card. Once Glampers California receives confirmation of your booking
In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to Glampers California or its third party payment facilitator. You agree to pay Glampers California for any confirmed bookings accordance with these Terms by one of the methods described on the Site or Application. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Glampers California or indirectly, via a third party online facilitating payments or by one of the payment methods described on the Services. You also authorize Glampers California to charge your credit card in the event of damage caused on an RV as contemplated under “Damage to RVs” below and for Security Deposits (as defined below), if applicable. If you are directed to third-party payment facilitator, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is completed you will receive a confirmation email summarizing your confirmed booking.
SECURITY DEPOSIT
Glampers California customarily include a security deposit in their Listings (“Security Deposits”). For all Security Deposits included in a Listing for a confirmed booking of RV, Glampers California will, in its capacity use its commercially reasonable efforts to obtain a pre-authorization of the Renter’s credit card in the amount Glampers California determines for the Security Deposit within a reasonable time prior to the Renter’s booking at the applicable RV. Glampers California will also use its commercially reasonable efforts to address requests and claims related to Security Deposits,
RENTER VERIFICATION
As a Renter, you are required to provide certain personal information through the Wheelbase renter verification program in order to rent insured RVs on Glampers California, asked to provide a valid (i) Driver’s License Number, State of Issue, your Name and Address, (ii) DOB, (iii) SSN, (iv) verification of at least 3 years driving experience, (v) completion of the renter questionnaire, (vi) current insurance provider, (vii), your international drivers permit and a valid Passport (for international renters).
DAMAGE TO RV’s
As the operator of the RV, you are responsible for leaving the RV in the condition it was in when you picked up the RV. You acknowledge and agree that as a Renter, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to the RV. In the event that an RV Owner claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of a claim and given forty-eight (48) hours to respond, the payment will be charged to and taken from the credit card on file You agree that unless you have purchased or have been qualified for insurance through Booking Platform that you will hold Glampers California harmless and that Glampers California has no responsibility for any damages that you cause to an owners’ RV or to any person. You also agree that as a renter, your personal insurance will act as primary to any coverage you purchase through Glampers California Booking Platform. Glampers California also reserves the right to charge the credit card on file or otherwise collect payment from you and pursue any avenues available to Glampers California in this regard, including using Security Deposits, in situations in which you have been determined, in Glampers California sole discretion, to have damaged the RV, including, but not limited to, in relation to any payment requests made by Glampers California, and in relation to any payments made by Glampers California. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the RV to the applicable RV Owner or to Glampers California (if applicable). If a vehicle has been damaged during the rental period and the damage occurred as a result of vandalism or there is a suspicion of vandalism, a police report must be filed of the damaged vehicle before an insurance claim can be processed.
Renter agree to cooperate with and assist Glampers California in good faith, and to provide Glampers California with such information and take such actions as may be reasonably requested by Glampers California, in connection with any complaints or claims made relating to RVs or any personal or other property located at an RV or with respect to any investigation undertaken by Glampers California or a representative of Glampers California regarding use or abuse of the Site, Application or the Services. If you are a Renter, upon Glampers California reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with Glampers California, at no cost to you, which process will be conducted by Glampers California or a third party selected by Glampers California.
YOU HEREBY AGREE TO PAY ANY LOSS OF REVENUE RELATED TO THE DAMAGE COURSED BY YOU. THE DAMAGED RV NEEDS TO BE SERVICED, FIXED, CLEANED OR OTHERWISE CAN NOT BE RENTED DURING THIS PERIOD YOU WILL BE CHARGED EQUAL TO THE RV DAILY RENTAL FEE. THIS FEE WILL REIMBURSE GLAMPERS CALIFORNIA FOR THE LOSS OF REVENUE DURING THE PERIOD THE RV IS UNRENTABLE. GLAMPERS CALIFORNIA WILL REQUEST PAYMENT FROM YOU UNDER THESE TERMS.
CANCELLATION AND REFUNDS
If, as a Renter, you cancel your requested booking before the requested booking is confirmed by an Owner, Glampers California will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Renter, you wish to cancel a confirmed booking made via the Services, either prior to or after arriving at the RV, the cancellation policy of Glampers California contained in the applicable Listing will apply to such cancellation. Our ability to refund the RV Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Services.
If an Owner cancels a confirmed booking made via the Services, (i) Glampers California will refund the Total Fees for such booking to the applicable Renter within a commercially reasonable time of the cancellation and (ii) the Renter may receive an email or other communication from Glampers California containing alternative Listings and other related information. If the Renter requests a booking from one of the alternative Listings and the Owner associated with such alternative Listing confirms the Renter’s requested booking, then the Renter agrees to pay Glampers California the Total Fees relating to the confirmed booking for the RV in the alternative Listing, in accordance with these Terms. If an Owner canceled a confirmed booking and you, as a Renter, have not received an email or other communication from Glampers California, please contact us via email or the Booking Platform.
TAXES
IRS regulation, regarding federal tax reporting requirements, stipulates that Glampers California must collect tax outlined in the local government area. Tax charges will be made visible on the booking confirmation send to the Renter via email from the Booking Platform.
USER CONDUCT
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Services and Content. In connection with your use of our Services, you may not and you agree that you will not:
violate any local, state, provincial, national, park, campground or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, admiralty law and Tax regulations;
use manual or automated software, devices, scripts, robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Services or Content;
use the Services for any commercial or other purposes that are not expressly permitted by these Terms;
copy, store or otherwise access any information contained on the Services or Content for purposes not expressly permitted by these Terms;
infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
use our Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
“stalk” or harass any other user of our Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Glampers California Renter or Owner;
offer, as an Owner, any RVs that you do not yourself own or have permission to rent
offer, as an Owner, any RV that may not be rented pursuant to the terms and conditions of an agreement with a third party;
contact an Owner for any purpose other than asking a question related to a booking such Owner’s RVs or Listings;
contact a Renter for any purpose other than asking a question related to a booking or such Renter’s use of the Site, Application and Services;
when acting as a Renter or otherwise, recruit or otherwise solicit any Owner or other Member to join third party services or websites that are competitive to Outdoorsy, without Outdoorsy’s prior written approval;
use automated scripts to collect information or otherwise interact with the Services;
as an Owner, submit any Listing with a false or misleading price information or submit any Listing with a price that you do not intend to honor;
post, upload, publish, submit or transmit any Content that, in Glampers California sole judgment: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
systematically retrieve data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
attempt to probe, scan, or test the vulnerability of any Glampers California system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Outdoorsy or any of Glampers California’s providers or any other third party (including another user) to protect the Services or Collective Content;
attempt to scrape assets and content from the website
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Collective Content; or
advocate, encourage, or assist any third party in doing any of the foregoing.
Glampers California will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Glampers California may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Glampers California has no obligation to monitor your access to or use of the Services or Collective Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Glampers California reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Glampers California at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.
PRIVACY
See Glampers Califfornia’s Privacy Policy at www.glampersca.com/privacy-policy
OWNERSHIP
The Services and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Services and Collective Content, including all associated intellectual property rights, is the exclusive property of Glampers California and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Collective Content.
INSURANCE
With its Protection Packages, Glampers California coverage for qualified vehicles and verified Renters that have been approved by Glampers California for the insurance coverage. Liability, physical damage, comprehensive and collision insurance coverage is available only for renters during the rental period for rentals that are transacted through the Glampers California Booking Platform and only where renters have successfully met the conditions stipulated in the verification process and where the vehicle meets the certifications and requirements stipulated in the listing process, and the maintenance and inspection schedule. In addition, insurance coverage is only made available to verified users where use of the Glampers California Services and the full and complete booking of a rental transaction is transacted through the Glampers California Booking Platform. Any Owner who transacts any portion of rental outside of the Glampers California Booking Platform, such transaction will be entirely denied insurance protection. If any Rental circumvents any portion of Glampers California Booking Platform, The Company reserves the right to reject or deny insurance coverage across all vehicles and all related transactions will be deemed invalid for insurance coverage
Unless otherwise stipulated in the insurance coverage, the Renter is responsible for all damage to the rental, missing equipment, down time, and the RV owner’s administrative expenses connected with loss irrespective of the cause of damage or loss or the negligence or lack thereof of Renter. Renter is responsible for loss due to theft of the rental. Renter is responsible for all damages due to vandalism of the rental.
Renter must report damage all accidents or incidents of theft or vandalism to the police as soon as possible.
DRIVERS
Renter acknowledges and agrees that no person shall be allowed to drive the rental who is not at least the age of 25, a holder of a valid driver’s license in his or her actual possession, and approved through Glampers California verification, insurance or through a third party insurance binder. Renters acknowledge that recreational rentals can be very large and handle differently from passenger cars. The rental requires more skill and expertise to operate safely than an automobile rental. The rental requires more clearance above, in front of, behind, and beside them to operate safely, and the use of mirrors and direct visual verification are always required to maintain knowledge of the location of adjacent rentals and obstacles on the roadway. Due to size and handling characteristics, the rental shall not be operated at speeds in excess of 55 miles per hour regardless of the posted speed limit
Renter warrants that any person who operates the rental will have passed DMV verification and will have the skill and expertise to do so safely and free from negligence. Renter acknowledges that the qualifications of any driver of the rental are solely at the discretion and risk of Renter and that Glampers California has not evaluated the skill and expertise of any such driver.
Renter acknowledges that Glampers California has no control over the number of passengers a Renter may allow into the rental or the conduct of those occupants while the rental is being operated. Therefore, Renter acknowledges that Renter is solely responsible for the passengers on board the rental as well as the conduct of those passengers, and Renter shall confirm that both driver and passengers are properly using seat belts while the rental is in motion.
ALLOWANCE USE OF RENTAL
All rentals may only be used on those public roadways with sufficient width and clearance to allow the rental to be operated safely and without damage. Under no circumstances may the rental be operated in rugged terrain or used in the sport of off-roading. If Owner provides a driver for the rental, Renter remains responsible for all damage to the rental, missing equipment, Down Time, and Owner’s administrative expenses connected with damage regardless of whether or not Renter or the driver is at fault. Any violation of these terms will result in loss of insurance coverage.
Under no circumstance shall:
The rental be driven outside the United States and Canada.
The Renter allow anything to be towed behind the rental unless specified.
The awning be unrolled or used without Owner approval.
Anyone be allowed on the roof of the rental.
Anyone occupy any towed rental while it is in motion.
The rental may not be taken into Mexico as Glampers California insurance is not valid in Mexico.
INSURANCE, TICKETS, TOLLS, & CITATIONS
Renter must purchase Glampers California provided insurance packages or provide an alternative proof of insurance before renting. Insurance fees are collected in conjunction with the Service fees paid to Glampers California. Insurance fees may be adjusted without notice, and on a case by case basis depending upon the frequency and size of claims submitted by RV Owners or Agencies. Renter is solely responsible for any and all parking tickets, citations, toll charges and other charges issued during Renter’s contractual possession of the rental.
THE LAWS OF SOME STATES REQUIRE US TO FURNISH YOU WITH THE FOLLOWING NOTICES:
WARNING – ANY PERSON WHO KNOWINGLY:
Arizona and Arkansas: presents a false or fraudulent claim for payment of a loss or benefit is subject to criminal and civil penalties, or specific to AR: presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
California, Louisiana, New Mexico and Texas: presents a false or fraudulent claim for the payment of a loss or benefit (or specific to LA and TX: who knowingly presents false information on an application for insurance) is guilty of a crime and may be subject to fines and confinement in state prison, (or specific to NM: to civil fines and criminal penalties.)
RIGHT OF POSSESSION
Glampers California shall always have superior right of possession of the rental over Renter. In the event that the RV owner’s, officers or employees, in their sole and absolute discretion, determine that the rental is at risk of damage or loss, the Glampers California shall have the absolute right, but not the obligation, to recover the rental from Renter regardless of the amount of time remaining in the Rental Agreement. In the event Glampers California a rental from Renter, in addition to those costs payable pursuant to other parts, of this Agreement, Renter shall pay all costs associated with such recovery including, but not limited to, employee wages, travel costs, fuel, repairs and Down TIme
GENERAL REQUIREMENTS
Renter agrees not to drive in a careless or negligent manner while driving a Rented vehicle, nor drive while under the influence of alcohol or drugs, nor permit operation of the vehicle by any person except those who have signed the Glampers California rental agreement and have signed the RV Departure Form and who have passed Glampers California verification procedures. Renter further agrees not to use, or permit use of the rental for unlawful purposes. Renters will hold Glampers California harmless from any and all fines and penalties incurred during the rental period caused directly or indirectly by negligence, misuse or carelessness. Renter further agrees to indemnify and hold harmless Glampers California from and against any and all claims for loss of, or damage to property, or injury to person, including death, resulting from the use and operation of the rented unit. Unless prohibited by law, you release Glampers California from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle.
Renter shall hold harmless, Glampers California and its authorized agents and employees from and against all loss, bodily injury, damages and expenses, including legal expenses, of any kind arising from my rental unit during rental possession extending to such time use is finalized and cleared by the RV owner or Rental Agency, including without limitations, latent and other defects whether or not discoverable by you or Glampers California or Rental Agency. This indemnity shall continue in effect at all times despite the return of the rental before or after expiration of the contract terms whether by a formal request from Glampers California, Agency or otherwise. It is agreed and understood that the Glampers California, may control the defense of any such claim. Any violation of these terms will result in denial of insurance coverage
LINKS
The Services may contain links to third-party websites or resources. You acknowledge and agree that Glampers California is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Glampers California of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
PROPRIETARY RIGHTS NOTICES
All trademarks, service marks, logos, trade names and any other proprietary designations of Glampers California used herein are trademarks or registered trademarks of Glampers California. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
FEEDBACK
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Services (“Feedback”). You may submit Feedback through info@glamperscalifornia.com our Booking Platform. You acknowledge and agree that all Feedback will be the sole and exclusive property of Glampers California and you hereby irrevocably assign to Glampers California and agree to irrevocably assign to Glampers California 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 Glampers California’s request and expense, you will execute documents and take such further acts as Glampers California may reasonably request to assist Outdoorsy to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
DISCLAMER
IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT GLAMPERS CALIFORNIA DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, RENTERS BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES, COLLECTIVE CONTENT ARE PROVIDED “ AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GLAMPERS CALIFORNIA EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. GLAMPERS CALIFORNIA MAKES NO WARRANTY THAT THE SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY RVS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. GLAMPERS CALIFORNIA MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, RVS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GLAMPERS CALIFORNIA OR THROUGH THE SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES OR BOOKING OF AND USE OF ANY RVS VIA THE SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SERVICES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER GLAMPERS CALIFORNIA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, OR USE OF ANY RV VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT GLAMPERS CALIFORNIA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
INDEMNIFICATION
You agree to release, defend, indemnify, and hold Glampers California and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Services or Collective Content or your violation of these Terms; (b) interaction with any Member, (c) booking or use of a RV,
ASSIGNMENT
You may not assign or transfer these Terms, by operation of law or otherwise, without Glampers California’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Glampers California may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
NOTICES
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Glampers California (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
CONTROLLING LAW AND JURISDICTION
These Terms will be interpreted in accordance with the laws of the State of California, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state or federal court located in California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
GLAMPERS CALIFORNIA RV RENTAL AGREEMENT
This Glampers California RV Rental Agreement (“Agreement”), along with the Outdoorsy Terms of Service and Policies, which are incorporated herein by reference, is made by and between the persons listed in the booking details page and Glampers California,
KEY TERMS
“RV” means recreational vehicles, motorized or non-motorized (towable) vehicle
“Rental” means the RV
“Glampers California Content” means all Content that Glampers California makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
“Glampers California mean Glampers California Inc.
“Collective Content” means Member Content and Glampers California Content. “Content” means text, graphics, images, music, software (excluding the Application), audio, video, information, and any other content or materials.
“Renter” means a Member who requests a booking of an RV via the Booking Platform or a Member who uses an RV and is not the Owner for such RV.
“Owner” means Glampers California Inc. who owns or Manage an RV or RV, which is displayed on Glampers California Website
“Listing” means a vehicle that is listed by Glampers California as available for rental via the Services.
“Member” means a person who completed a booking on Glampers California Site and or registered his/ her/it’s interesting to rent an RV.
“Member Content” means all Content that a Member post, uploads, publishes, submits or transmits to be made available through the Services.
“Tax” or “Taxes” mean any sales taxes, goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholdings and personal or corporate income taxes.
“Booking Platform” means the booking system the member use to book an Rv on Glampers California website. The booking Platformed has been provided by a third party company “Wheelbase”
“Wheelbase”
Third-Party Booking platform used on Glampers California site to make RV booking
“Down Time” means the RV is out of action or unavailable for use, or not rentable due to damage coursed by Renter and other reasons based on this agreement
The terms and conditions of this Agreement shall continue the end of the rental period and remain in full force and effect. Where Renter has released and/or indemnified Owner, it has also released and/or indemnified Owner’s officers, directors, employees, agents, affiliates, and the vehicle's owner of record.
By entering into a confirmed booking, Renter and Glampers California acknowledge that they read the terms of this Agreement and agree to such terms before being asked to exchange possession of the Rental. Additionally, Renter permits Glampers California to process a charge to the card listed on file for all rental and claim-related charges due under this Agreement.
Renter and Glampers California have read and agree to the terms and conditions of this Rental Agreement and thereby give their consent to the Agreement and acknowledge that by completing a booking that Renter is the designated primary driver and will take full responsibility for any damage or incidents occurring during the rental period. Renter understands and acknowledges that if Renter purchased a Wheelbase Protection Packages only verified drivers are allowed to drive or operate the rental vehicle.
1. RENTER & OWNER. The “Renter” shall mean the individual person completing a booking using Glampers California Booking Platform located on the https://www.glampersca.com website and using the Booking Platform. Glampers California shall be the individual person or legal person (e.g. corporation, LLC, Inc. etc.) accepting a booking using Wheelbase booking system connected to Glampers California website located on the https://www.glampersca.com web adress. The Renter acknowledges that he/she/it’s is not own the Rental RV. Glampers California represents and warrants that it has the legal authority to enter into a booking and renting the RV. This agreement is not assignable by Renter.
2. RENTAL. The “Rental” means the motorized or non-motorized (towable) recreational vehicle rented by the Renter from Glampers Californai, and includes tires, tools, key fobs, keys, equipment, included plates, documents and other products or property provided by the Owner with the RV.
ENTER ACCEPTS RENTAL "AS IS" WITH ALL FAULTS AND WITHOUT RESERVATION. GLAMPERS CALIFORNIA DOES NOT WARRANT AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE RENTAL OR TIRE CONDITION OR QUALITY, PERFORMANCE, UTILITY, SUITABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Renter agrees that Glampers California shall always have a superior right of possession of the Rental over Renter. In the event that Glampers California, in its sole and absolute discretion, determines the Rental is at risk of damage or loss, Glampers California shall have the absolute right to recover the Rental from Renter regardless of the amount of time remaining in the Rental Period. In the event Glampers California recovers a Rental from Renter, in addition to those costs payable pursuant to other parts of this Agreement, Renter shall pay all costs associated with such recovery including, but not limited to, employee wages, travel costs, fuel, repairs and Down Time.
3. RENTAL PERIOD. The “Rental Period” begins when the Owner provides the Renter with the keys, and turns over possession, custody and control of the Rental to the Renter. The Rental Period ends upon the completed return of the Rental to the Owner.
For rentals involving the delivery of the Rental by Owner, Renter’s responsibility for the Rental and liability for damages relating to delivered rentals begins when Renter takes possession of the keys and ends when the Rental is returned to the Owner or their designated delivery driver. Any damage that occurs during the delivery of the Rental is the responsibility of the Owner. All delivery drivers of insured vehicles must be approved via the Glampers California verification check or must have provided additional proof of insurance coverage through a third party.
Renter understands and acknowledge that he should not enter into a booking and key exchange unless he agree and accept the terms of this Agreement, as well as Glampers California other Terms of Service and Policies. A confirmed booking is an express agreement to this Agreement and Glampers California Terms of Service and Policies.
4. WHO MAY DRIVE AND PROPER OPERATION OF THE RENTAL. Only the Renter who completes the booking (the “Primary Driver”) and qualifies as a “Permitted Driver,” and other persons designated and identified as drivers at the time of RV booking and verified by Glampers California (“Permitted Drivers”) may drive and operate the Rental. Permitted Drivers may only drive and operate the Rental with the express prior permission from Glampers California, and Renter shall be fully responsible for any and all damages, incidents, tolls, tickets, and other acts and omissions involving the Permitted Drivers while operating or driving the Rental, or caused by or involving the Permitted Drivers.
The Renter ensure to Glampers California that Renter and other Permitted Drivers are capable and validly licensed drivers, and will remain capable and validly licensed drivers during the term of the rental.
Renter further acknowledges and agrees that no person shall be allowed to drive the Rental who is not at least the age of 25 and a holder of a valid driver's license (in his or her actual possession). Drivers over the age of 25 must be approved through Glampers California Booking Platform verification process.
Renter acknowledges that recreational rentals can be very large and handle differently from passenger cars. The Rental requires more skill and expertise to operate safely than a passenger car rental. For example, the Rental may require more clearance above, in front of, behind, and beside them to safely operate, and the use of mirrors and direct visual verification are always required to maintain knowledge of the location of adjacent vehicles and obstacles on the roadway. Glampers California acknowledges that it is their responsibility to inform Renter of the limitations of their Rental, including clearance heights and widths and other operating instructions. Renter agrees to only operate the Rental on public roadways with sufficient width and height clearance to allow the Rental to be operated safely and without damage. Under no circumstances may the Rental be operated and used for off-road purposes. In the event that the Rental is operated on a private road, Roadside Assistance may be unavailable or voided.
Spotters are recommended to assist the driver in backing the Rental. Renter acknowledges that Glampers California has no control over the number of passengers a Renter may allow into the Rental or the conduct of those occupants while the Rental is being operated. Therefore, Renter acknowledges they are solely responsible for the passengers on board the Rental as well as the conduct of those passengers. Renter also acknowledges they will confirm that both driver and passengers are properly using seat belts while the Rental is in motion.
5. PROHIBITED USE OF THE RENTAL. The Renter and Permitted Drivers shall not drive in a careless, negligent, reckless or unlawful manner. Certain uses of the Rental and other actions the Renter or Permitted Drivers may take, or fail to take, will violate this Rental Agreement and Glampers California Inc. Terms of Service and Policies. A VIOLATION OF THIS PARAGRAPH, AS DEFINED BELOW, ALLOWS THE OWNER OR GLAMPERS CALIFORNIA INC. TO TERMINATE RENTER’S BOOKING IS AN EXCLUSION TO AND VOIDS ALL LIABILITY PROTECTION AND ANY OPTIONAL SERVICES THAT RENTER HAS ACCEPTED, INCLUDING BUT NOT LIMITED TO INSURANCE COVERAGE AND ROADSIDE ASSISTANCE. IT ALSO MAKES RENTER FULLY LIABLE TO THE OWNER AND GLAMPERS CALIFORNIA INC. FOR ALL PENALTIES, FINES, DOWNTIME, FORFEITURES, LIENS, DAMAGES, AND RECOVERY AND STORAGE COSTS, INCLUDING ALL RELATED ATTORNEYS' FEES, LEGAL EXPENSES, FEES AND COSTS THAT OWNER OR GLAMPERS CALIFORNIA INC. MAY INCUR.
It is a violation of this Paragraph if any of the following occurs:
A. Renter uses or permits the Rental to be used: (1) by anyone other than a Permitted Driver; (2) to carry passengers or property for hire or more passengers than the Rental has seat belts to carry; (3) to tow or push anything, unless specified by Owner; (4) in the case of a towable, to allow occupants to be inside the towable when in motion; (5) to be operated in a test, race or contest or off-road; (6) while the driver is under the influence of alcohol, any controlled substance, including without limitation any federally controlled substance listed under the Controlled Substance Act, Title 21 of the United States Code (a "Controlled Substance"), or medications that affect vehicle operation and/or constitute driving while impaired under applicable law; (7) for unlawful purposes or for conduct that could be charged as a crime such as a felony or misdemeanor, including the transportation of a Controlled Substance or contraband, stolen goods, illegal devices, or persons protected by prohibitions against human trafficking; (8) recklessly or while overloaded; (9) if the Rental is driven into a jurisdiction or to a location or event not permitted by Owner or Glampers California Inc. (e.g., into Mexico or attending an unauthorized festival such as Burning Man); (10) Renter materially misrepresents the intended use or destination of the Rental; (11) Renter or Dealer violates the Glampers California Inc. or Wheelbase Terms and Conditions.
B. Pets or other animals (aside from service animals) are allowed into the Rental without prior permission from the Owner. Renter agrees to comply with all laws, including the federal Americans with Disability Act (ADA). The ADA requires that service animals are harnessed, leashed, or tethered unless the use of these devices interfere with the service animal’s work or the individual’s disability prevents using these devices. In such cases, the individual must maintain control of the animal through voice, signal, or other effective controls. Pet fees for service animals may not be charged; however, the Owner may collect fees for any damage sustained to the Rental by the service animal.
C. The Rental’s awning is unrolled or used without prior permission from the Owner. The Rental awning is unrolled or used while the RV is in motion.
D. Anyone is on the roof of the Rental, regardless of whether the Rental is equipped with a ladder.
E. Renter or an additional driver, whether authorized or not: (1) fail to promptly report to Glampers California any damage to or loss of the Rental when it occurs or when Renter learns of it and provide Glampers California with a written accident/incident report or fail to cooperate with Glampers California investigation; (2) where required by law, failed to report an accident to law enforcement; (3) obtained the Rental through fraud or misrepresentation; (4) leave the Rental and fail to remove the keys (or key fobs) or close and lock all doors and all windows and the Rental is stolen or vandalized; or (5) intentionally or with willful disregard cause or allow damage to the Rental.
F. Renter or an additional driver, whether authorized or not, return the Rental after-hours agreed-upon with Owner and the Rental is damaged, stolen or vandalized, or Renter otherwise fails to take reasonable steps to secure the Rental, its keys, key fobs, or other remote entry and starting devices.
G. Driving or operating the Rental while using a hand-held wireless communication device or another device that is capable of receiving or transmitting telephonic communications, electronic data, mail or text messages shall be deemed a breach of the Rental Agreement.
6. TOLLS, FINES, EXPENSES, COSTS AND ADMINISTRATIVE FEES. Renter agrees to report to the Owner and pay for all tolls and tickets (including for parking and moving or stationary traffic violations) incurred during the Rental Period. Renter agrees to pay or reimburse Glampers California for all fines, penalties, interest, and court costs for parking, traffic, toll and other violations, including storage liens and charges incurred as a result of the rental. Renter will also pay a reasonable administrative fee with respect to any violation of the Rental Agreement, Terms of Service or other Policies, such as for repossessing or recovering the Rental for any reason. Renter agrees that Glampers California may, in their sole discretion, pay all tickets, citations, fines, penalties and interest on Renter’s behalf directly to the appropriate authority and Renter will pay Glampers California what was paid to the appropriate authority or their designated agents plus a reasonable administrative fee and any attorneys' fees and expenses incurred. Renter agrees and acknowledges that Glampers California may cooperate with all federal, state/provincial, municipal and local officials charged with enforcing these infractions to provide any information necessary as they may request or may otherwise be required.
Renter authorizes Glampers California to release the rental and credit/debit card information regarding the rental to any agent Glampers California may authorize to act on its behalf for the purpose of processing and billing Renter for any tickets, citations, fines and penalties incurred by Renter or assessed against Glampers California or the Rental during the rental plus a reasonable administrative fee. Renter authorizes Glampers California to bill Renter directly to the credit/debit card used to book the rental. Renter authorizes Glampers California to contact Renter directly regarding any tickets, citations, fines and penalties incurred by Renter or assessed against Glampers California or to Rental while it was rented to Renter.
In the event, Glampers California uses a third-party collection service or agent to resolve any tickets, citations, fines, penalties, and interest, Renter agrees to pay all costs and collection fees including but not limited to administrative and legal costs to such agent upon demand without protest.
Renter acknowledges that Renter has no right to contest any such infraction or enter any plea other than guilty or no contest unless Glampers California consent to such action, provided that the penalty for the infraction is only the payment of money and does not involve any other administrative, civil, or criminal penalty.
Renter agrees to indemnify and hold Glampers California and any other agent Glampers California authorizes harmless for any such tickets, citations, fines, penalties, interest and administrative fees.
7. DEPARTURE POLICY. The owner shall ensure that the Rental, Renter is picking up is clean on the interior and exterior and is in a safe and roadworthy condition. If it is not, or if any of its components are not working as expected at any point in Renter’s trip, the Renter must notify Glampers California immediately by contacting Glampers California at (310)-988 9254 or using the Boking Platform. Renter should submit photos or videos of any visible defects. Failure to do so may result in a denial of a reimbursement or dispute request following completion of the booking.
Renter acknowledges it is their responsibility to ensure towables are properly hitched at the time of departure, with appropriately sized ball mounts and sway bars as necessary. Renter further acknowledges that their vehicle has sufficient towing capacity. Failure to do so may result in the denial of any damage claims.
Renter acknowledges that watched all necessary training videos before departure on Glampers California website and properly educated to tow or drive an RV. Referenc to training videos you can find here: https://www.glampersca.com/
8. HAULING AND DELIVERY. Renter’s liability for damages relating to delivered Rentals begins when Renter takes possession of the keys and ends when the Rental is returned to the Owner or their designated delivery driver. Any damage that occurs during the delivery or return of the Rental is the responsibility of the Owner. All delivery drivers of insured vehicles must be approved via the Glampers California verification check or must have provided additional proof of insurance coverage through a reputable third party insurer.
9. RETURN POLICY. Renter agrees to return or leave the rental unit no later than the checkout time indicated on the Booking Confirmation or such other time as mutually agreed to by the Owner. If Renter cannot drop Rental off on the scheduled date of return, Renter must extend the rental solely on the Glampers California Booking Platform with Owner’s permission. Renter agrees that Renter no longer has permission to stay in the Rental in the event that the unit is not vacated or returned by the return date, and Owner is entitled to make Renter vacate the Rental and return all property and keys in a manner consistent with local, state, and federal law. In addition, Renter agrees that their credit card on file will be charged a one-time.
$70.00 administrative fee plus the hourly rental rate based on a prorated daily rental rate for the rental unit for each hour the Rental is late. Renter agrees that their credit card on file will be charged a $150.00 administrative fee plus the full daily rate for every eight (8) hours the Rental is late in the event that the Owner must cancel another confirmed and paid for Glampers California booking due to the late return. The Rental must be returned in the same condition as it was at the time of pickup (clean on the interior and exterior and in full working order). The Renter should take photos of the unit at the time of return. Any variable charges may be assessed and charged against the security deposit. (https://www.glampersca.com/service-fees ).
10. CONDITION OF RENTAL & RESPONSIBILITY FOR REPAIR. In the event of any loss or damage to the Rental, or any personal property or bodily injury claim that occurs during the Rental Period due to any cause regardless of fault, including, but not limited to, collision, rollover, theft, vandalism, seizure, fire, flood, wind, hail or other acts of nature or God, Renter is responsible and is required to pay up to the deductible outlined in the Wheelbase Protection Packages of their choice. In the event Renter has violated this Agreement or Glampers California Terms of Service or Policies, Renter will be held responsible for the full amount of the claim including any insurance deductible.
When accepting the Rental, Renter and Owner, or authorized representative of Owner, will complete and sign the Departure Form for the Rental, noting in writing and/or time-stamped photos, digitally or electronically, any and all defects or damage to the Rental prior to Renter's acceptance of same.
Upon return of the Rental, Renter and Owner, or an authorized representative of Owner must document the condition of the Rental via photos up to 24 hours before the trip starts and no later than 48 hours after the trip ends. This is a requirement for insurance coverage. Both Parties may also use the Departure and Return forms to supplement the photos, but understand this is not a qualified substitute for the photo requirements. Departure and Return forms cannot be altered after signing without the express written consent and signing by both Parties. Any alterations made without the express consent of Renter or Owner may result in any claims being denied. Glampers California is not responsible for personal property left in the Rental. All damage to the Rental noted in the executed Return Form which is not listed in the executed Departure Form shall be the sole responsibility of Renter. Renter shall reimburse the Owner for the cost of the repair if Glampers California deems Renter is responsible for the damage.
To the extent that the security deposit paid to the Owner is insufficient to cover the damages incurred by Renter, Renter will pay Owner the difference via the qualified insurance policy or out of pocket if such damage is not covered under the insurance policy. Renter must report all accidents or incidents of theft or vandalism to the police as soon as discovered and to the Owner via Glampers California Booking Platform or email, and provide a copy of the police report to Glampers California. Renter must report all accidents involving the Rental to the Owner within 24 hours of the occurrence and provide a copy of the accident report to the Owner. In the event of vandalism or if damage occurred as a result of vandalism or a hit and run, no insurance claim can be processed without a police report. The owner must report all accidents involving the Rental to Glampers California Inc. within 48 hours of return of the Rental and provide supporting documentation such as photos, video, police report or statements.
Some Rentals are equipped with awnings. Awning usage may be restricted by the Owner. If the Owner does not provide express consent to use the awning during the Rental Period, and the awning is damaged during the Rental Period or causes damage to a third party, Renter will be wholly responsible for the full cost of repair and such damages. In the event that uses of the awning during the rental period, the fabric of the awning must be kept in the possession of the Renter and returned to the Owner in order for damages to be covered by the purchased protection package.
If the Rental is returned to Owner outside of regular business hours, Renter shall remain responsible for any damage or theft of the Rental occurring prior to Owner acceptance of the return of the Rental during regular business hours.
11. INDEMNIFICATION AND WAIVER BY RENTER. Renter shall forever defend, indemnify, and hold Glampers California (including but not limited to the titled owner), and their officers, directors, employees, agents, and parent and affiliated companies, harmless from all losses, liabilities, damages, injuries, claims, demands, awards, costs, attorney fees, and other expenses incurred by them in any manner from this rental transaction or from the use during the Rental Period by Renter or any person, including claims of, or liabilities to, third parties or resulting from latent or other defects whether or not discoverable by Renter or Owner. This indemnity shall continue in effect at all times despite the return of the Rental before or after the expiration of the contract terms. It is agreed and understood that Glampers California Inc. has the right to control the defense of any such claim.
Renter waives and releases Glampers California Inc. for any claim or liability for indirect, incidental, special, punitive, exemplary or consequential damages, or for any lost or imputed profits or revenues or costs arising from or Related to the Rental regardless of the legal theory under which liability is asserted and regardless of whether Owner or Glampers California Inc. have been advised of the possibility of any such liability, loss or damage.
12. OWNER’S LIMITATION OF LIABILITY. The Renter agrees, on behalf of himself/herself and any passengers or users of the Rental, that their exclusive remedy for any and all claims of damage or loss related to use of the Rental shall be limited to the total rent paid or payable by Renter to Owner under this agreement.
13. GLAMPERS CALIFORNIA INC. LIMITATION OF LIABILITY.
Renter agrees that Glampers California Inc.'s aggregate total liability under any theory whatsoever in connection with any rental or booking shall not exceed the total service fees earned and received by Glampers California Inc. for such booking. In no event shall Glampers California Inc., its affiliates, agents, employees, officers, directors or representatives, be liable for any indirect, incidental, special, punitive, exemplary or consequential damages of any kind. In addition, Glampers California Inc. is not liable for any lost profits or revenues, including damages for loss of goodwill, business interruption, data loss, fraud losses, losses of business opportunities, losses due to criminal conduct by the renter, passengers or third parties, losses in connection with chargebacks, payment processor disputes, losses due to the conduct of payment processors, losses due to false fraud screening or in any other way in connection with or arising out of the rental or booking, Renter use of the Glampers California Inc. technology platform or identity verification services, failures of the internet, systems, computer failures, and taxes or duties, whether the damage claims are based in contract, negligence, tort, warranty, strict liability or any other theory at law or equity.
14. PROPERTY IN THE RENTAL. Glampers California Inc. is not responsible for loss of, theft, or damage to any property in or on the Rental to the Renter or in any vehicle, such as a transit van, truck or bus, on Glampers California Inc.’s operational premises, or received or handled by them, regardless of who is at fault.
15. RENTAL FEES AND CHARGES. By entering into a confirmed booking, Renter acknowledges that he/she has been given an opportunity to read the terms of this Agreement and terms of the Services before being asked to take possession of the Rental. Additionally, Renter expressly authorizes Glampers California to process a charge to the credit card(s) listed on file for all rental and claim related charges due under this Agreement or Glampers California’s Terms of Service and Policies. All rental fees and other charges must be paid prior to the Rental pickup, including security deposits. Failure to pay all rental fees and other charges, including security deposit, may result in the cancellation of the Rental and forfeiture of Rental fees
16. SECURITY DEPOSIT & AUTHORIZATION. A security deposit from Renter is required prior to pick up and will be refunded when all costs are paid pursuant to the terms of this Agreement and the Glampers California’s Terms of Service. The amount of the security deposit is stated in the booking confirmation. Owner may use Renter’s security deposit to pay any amounts owed under this Agreement. If the amount of the security deposit is insufficient to satisfy all amounts due, Renter agrees to pay all charges in excess, either by use of the credit card provided or some other agreed upon means.
Minimum requirements for return of the security deposit include:
At the time of return, Rental is cleaned to the same condition or better than when picked up
Fuel levels are equal to or above the level provided at the time of departure handoff;
Holding tanks are properly emptied to or below the level at time of departure handoff;
No damage sustained but not limited to the Rental, mechanical, structural, external or interior damage
All variable charges including, but not limited to: mileage or generator overages, tolls, parking or other tickets are paid in full.
At the time of rental, a charge will be authorized by Renter to cover any amounts payable pursuant to this Agreement and the Terms of Service, and by accepting the Rental Renter understands and expressly consents to use of the charge card for such purposes.
The owner has up to 48 hours from the return of the unit to inspect the unit for damages and notify Glampers California by email, Booking Platform filing a claim. The security deposit will be returned automatically within 7 days if there are no damages to the Rental or ancillary overages or fees due. Notwithstanding the foregoing, as described herein, certain charges (e.g., tickets, toll fees, etc.) will be charged to Renter at the date of discovery by Owner.
As described in this agreement or the Glampers California Inc. terms of service and policies, all applicable charges will be deducted from the security deposit, including but not limited to:
Smoking: No smoking is allowed in the Rental unless expressly authorized by the Owner in the booking. Smoke odors in returned Rentals will result in additional fees set by the Owner.
Interior Damage: The renter is fully responsible for any and all damage to the interior of the Rental, including but not limited to damage to appliances, cabinets, floors, and bathroom fixtures. Renter acknowledges he/she may purchase interior Damage Protection that covers them up to a limit of $1,500 for covered losses. For any damages not covered under the Damage Protection plan, or if the Damage Protection limit is not sufficient to cover the damages sustained, Owner will deduct the balance from the security deposit, and Renter agrees to pay any balance above the security deposit and/or Damage Protection coverage limit.
17. MAINTENANCE. Renter is responsible for checking all fluid levels (e.g., oil and coolant), air tire pressure, lug nuts and wheels immediately after to rental departure and during the rental period. Should a breakdown occur due to lack of control from Renter, Renter is responsible to cover all cost regarding such a breakdown.
18. REPAIRS AND ROADSIDE ASSISTANCE. In the unlikely event of a breakdown or mechanical issue with the Rental during the Rental Period, Glampers California Inc. offers Roadside Assistance service with qualified bookings. If emergency repairs are required, repairs under $200 should be completed and paid for by Renter. Repairs over $200 must have prior authorization from the Owner. Renter must save and submit all repair receipts for review when the Rental is returned. Reimbursement will depend on the type of repair and its cause.
Roadside assistance is currently included in eligible bookings with a purchased Wheelbase Protection Package. If the Protection Package purchased does not include roadside assistance services, Renter may apply and pre-pay for roadside assistance through Wheelbase Premium Service. Roadside assistance services are provided per the terms and restrictions issued by the roadside assistance provider.
19. INSURANCE & COSTS. Renter is responsible for all damages or losses caused to themselves, their property, the Rental, and/or third parties if Glampers California Inc. deems Renter responsible. Renter must be approved for insurance for the Rental through Glampers California Inc. Wheelbase Booking Platform or must provide Owner with an insurance binder indicating Renter has motor vehicle liability that satisfies each state’s legal minimum requirement, collision and comprehensive insurance covering the Renter, the Owner, and/or third parties for the Rental being driven or towed. Renter is solely responsible for any and all parking tickets, citations, toll charges and other charges issued during Renter's possession of the Rental. Renter acknowledges that any insurance outside of the Glampers California Inc. Wheelbase Premium Service Protection Packages is primary over the coverage provided in the package. Except where required by law to be primary or excess, any protection provided through Glampers California Inc. shall be secondary to, and not in excess of, any applicable insurance available to Renter, or any other driver, from any other source, whether primary, excess, secondary or contingent in any way.
20. DISPUTS. The parties agree that all disputes or claims arising out of or relating to this Agreement or Renter's use of the Rental (whether based in contract, tort, statute, or any other legal theory) will be governed by the arbitration and dispute resolution procedures described in Glampers Califrnia Inc. Terms & Conditions. ( https://www.glampersca.com/terms-of-use ) The Parties further agree that such arbitrations shall be conducted in the County where the Owner has its primary residence or place of business nearest to where the Rental was picked up. This Agreement shall be construed in accordance with the laws of the state of Owner’s principal place of business or primary residence. Renter agrees that in the event Owner prevails in a suit to enforce this Agreement, Owner shall be entitled to recover all its costs and reasonable attorney's fees incurred in that action.
21. COOPERATION. The Parties agree to cooperate and coordinate with Glampers California Inc. and each other generally and to take any actions Glampers California Inc. reasonably requests in connection with
(i) this Rental Agreement, (ii) the pickup, use and return of the Rental, and (iii) any disputes, actions, proceedings, suits, and investigations related to the Rental or Renter’s use of the Rental, including without limitation, execution and delivery of any documents Glampers California Inc. reasonably requests, giving testimony under oath, and taking any other actions Glampers California Inc. reasonably requests related to this Rental Agreement or the Rental or the rental transaction.
Unless prohibited by law, Renter releases and Glampers California Inc. from any liability for consequential, special, and/or punitive damages in connection with the Rental. Renter shall hold harmless other client owners, Glampers California Inc. and its authorized agents and employees from and against any and all loss, bodily injury, damages, and expenses, including legal expenses, of any kind arising from the Rental during Renter’s possession extending to such time the Rental is completed and cleared by Owner, including without limitations, latent and other defects whether or not discoverable by Renter. This indemnity shall continue in effect at all times despite the return of the Rental before or after expiration of the contract terms whether by formal request from Owner or otherwise. It is agreed and understood that Glampers California may control the defense of any such claim.
22. ADDITIONAL CONDITIONS
This Agreement does not create any type of partnership between Renter or Rental Owner. This Agreement may not be cancelled or modified except in writing signed by all parties.
RENTER FURTHER HEREBY AGREES TO INDEMNIFY, SAVE, AND FOREVER HOLD HARMLESS RENTAL OWNER FROM ANY AND ALL LIABILITY, CLAIMS, OR CAUSES OF ACTION OF ANY KIND OR CHARACTER WHATSOEVER, AND BY WHOMEVER ASSERTED, ARISING FROM OR IN ANY WAY GROWING OUT OF THE OPERATION OR USE OF THE RENTAL UNDER THIS AGREEMENT AND AGREES, IN SUCH EVENT, TO PROVIDE A DEFENSE THEREFORE AS CHOSEN AND DIRECTED BY OWNER AND TO PAY ANY EXPENSES IN THE DEFENSE OF ANY SUCH CLAIM OR LAWSUIT THIS AGREEMENT INCLUDES, BUT IS NOT LIMITED TO, CLAIMS OF NEGLIGENCE OR GROSS NEGLIGENCE ON THE PART OF THE RENTAL OWNER.
23. MODIFICATIONS TO THE SERVICE, PRICES, AND TERMS OF USE
We reserve the right to modify or discontinue the Service (or any part thereof), including these Terms of Use, without notice at any time. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to this website following the posting of any changes constitutes acceptance of those changes. In addition, prices for our products are subject to change without notice. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
24. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We may, in our sole discretion, limit or cancel quantities purchased through the Service. Such restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
25. ERRORS, INACCURACIES AND OMISSIONS
From time to time there may be information available through the Service that contains typographical errors, inaccuracies or omissions that may relate to, among other things, product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your RV boking).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
26 DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The Company does not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure, or error-free. To the extent permitted by law, we may make and preserve copies of any information or any other content or data you provide through the Service for internal back-up and other legal or regulatory purposes. However, Glampers California is obligated to preserve copies of such information, content or other data.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, in each case without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, in each case to the extent permitted by applicable law.
In no case shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
27. SEVERABILITY
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
28. TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
29. NOTICE FOR USERS IN CALIFORNIA
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 .
CONTACT INFORMATION
Questions about the Terms of Use should be sent to us at www.glampersca.com