“Agreement” means the Rental Contract, these General Terms and Conditions, and any exhibits and addenda that we provide. “Additional Mandatory Charges” means customer facility charges, airport concession recovery fees, road safety fees, tourism commission fees, vehicle license recovery fees, or other government-imposed tax or fee. “Charges” means the fees and charges that are incurred under this Agreement. “Including” or “Includes” means “including but not limited to” or “includes without limitation.” “Optional Equipment” means optional accessories and equipment that we may offer for rent at an additional charge, including child safety seats, navigational systems, mobile devices, and ski racks. “Rental Period” means the period between the time that you take possession of a Vehicle and the time that the Vehicle is either returned to or recovered by us and checked in by us. “Toll” means a toll charge assessed by a charging authority for use of a toll lane. “Vehicle” means the recreational vehicle, motor home, truck camper or other motorized vehicle identified in this Agreement and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, appliances, keys and vehicle documents. “Vehicle License Recovery Fee” means a charge to recover vehicle license and vehicle registration fees as permitted under California law. “Violation” means a parking citation, photo enforcement fee, a fine for toll evasion, and other fines, fees, and penalties, including storage liens and charges. "You" or "your" means the person identified as the customer in this Agreement (“Customer”), each person signing this Agreement, each Authorized Driver, and every person to whom charges are billed by us at its or the renter's direction. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement. "We", "our" or "us" means REV Group, Inc. (“REV”).
These General Terms and Conditions are applicable to and form part of the Agreement between REV and You. REV will provide You a Vehicle “as is” and in good working condition for the time and rental rate agreed to by you and REV at the time of rental. Upon your acceptance of the Vehicle, acknowledged by either written or electronic means, the terms and conditions of the Agreement shall apply during all times you are in possession or control of the Vehicle. This Agreement is a contract for rental of the Vehicle offered to you. The rental is solely a bailment for mutual consideration.
To the fullest extent permitted by law, REV makes no warranty whatsoever with respect to the vehicle, including any (i) warranty of merchantability or (ii) warranty of fitness for a particular purpose, whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise. You acknowledge acceptance of the Vehicle “as is” and on a “where is” basis, with “all faults” and without any recourse whatsoever against REV. You also acknowledge that you have been offered a copy of the chassis manuals published by the chassis manufacturer(s)
You will return the Vehicle in the same condition as when received, to the REV location where rented, on the date and at the time specified on the Rental Contract, or sooner if requested by REV. You must check and maintain all fluid levels, and return the Vehicle with at least the same amount of fuel as when rented. To extend the Rental Period, You must obtain the approval of REV prior to the scheduled expiration of the Rental Period and pay for the extra day(s) at the time we grant your request. Extensions are subject to fleet availability and will be granted at our discretion. If you return it earlier or later or to a different location, a drop charge, rate change, and/or late fee may apply. Unless after-hours returns are permitted at the REV location where rented, you may not return the Vehicle at a time when we are closed. If you return the Vehicle after closing hours (whether or not permitted by the REV location), you remain responsible for all damage to or loss of it until we inspect it on reopening for business, and all Charges may continue to accrue.
If the Vehicle is not returned when due, you will be in unlawful possession of the Vehicle, and REV may, at our discretion and in accordance with applicable law: (a) repossess the Vehicle and/or seek the issuance of a warrant for the arrest of anyone in possession of the Vehicle (including You); and/or(b) charge you an additional rental fee in the amount identified at the commencement of the Rental Period on a daily recurring basis (“Additional Rental Fees”) until either (i) the Vehicle is returned, or (ii) REV has received the entire value of the Vehicle based upon its condition at the beginning of the Rental Period; and/or (c) require you to reimburse us for all costs we incur from your failure to return the Vehicle when due, including reasonable attorney fees..
Warning: California Vehicle Code Section 10855 provides the following: “Whenever any person who has leased or rented a vehicle willfully and intentionally fails to return the vehicle to its owner within 5 days after the lease or rental agreement has expired, that person shall be presumed to have embezzled the vehicle.”
To the extent permitted by law, The Vehicle may be repossessed,without notice and at Your expense, if it is not returned when due, is illegally parked, is used in violation of law or of the Agreement, or appears abandoned.
You shall pay by credit card (except for rentals commencing in Connecticut, New York, or Pennsylvania where you may pay by credit card, debit card, or an alternative method), an amount equal to the estimated total charges in full at the time of rental. At the time of rental, REV will secure an authorization hold in a reasonable amount on a payment card approved by REV (“Customer Card”) to cover any additional charges that may be incurred during the Rental Period. You agree to pay all Charges and authorize REV to process all amounts due on the Customer Card, including: (a) base rental rate for the Rental Period as noted on the Rental Contract; (b) Vehicle preparation fee; (c) additional mileage fee if you exceed your daily mileage allowance; (d) additional generator usage fee if you exceed your daily generator allowance; (e) a mileage charge based on our experience if the odometer is tampered with or disconnected; (f) fees for optional products, equipment, and services you purchased; (e) fuel and a refueling fee if you return the Vehicle with less fuel than when rented; (f)Additional Mandatory Charges; (g) vehicle license and other recovery fees (h) expenses we incur locating and recovering the Vehicle if you fail to return it or if we repossess it under the terms of this Agreement; (i) all costs we incur enforcing or defending our rights under this Agreement; (j) a reasonable fee not to exceed $500 to clean the Vehicle if returned substantially less clean than when rented or if the Vehicle is returned containing evidence or odors of smoking or animals; (k) a fee of up to $____________ if you lose the keys to the Vehicle; (l) a surcharge if you return the Vehicle to a location other than the location where you rented the Vehicle; (m) a late fee of $300 if you do not return it on the date and time due; (n towing, storage charges, forfeitures, court costs, penalties and all other costs we incur from your use of the Vehicle; (o) replacement cost of lost or damaged parts and supplies used in Optional Equipment; and (p) a“Re-Winterization Fee” of up to $150 if the Vehicle is returned non-winterized when the temperature is 35 degrees Fahrenheit or below. You are responsible for all charges, even if you indicate that someone else will pay. Payment is due upon REV’s request. All Charges are in U.S. dollars and are subject to our final audit. If errors are discovered after the close of this transaction, youauthorize us to correct the Charges with the payment card issuer.
REV may send notices to you by any means determined by REV. In particular, if you have provided REV with an email address, REV may send notices to you at that email address and such email notice shall be valid for purposes of the Agreement.
You are not the agent orauthorized representative of REV for any purpose.
“Additionalauthorized driver” means, the following people to the extent they are at least 25 years old, have a valid driver’s license for the class of vehicle being rented, and have your express permission to operate the vehicle:
The Vehicle will not be used or operated in any of the following “Prohibited Uses”:
You are responsible for all damage to or loss of the Vehicle (including to its tires, windscreens, awnings, slide-outs, overhead, and underbody or to its plumbing and water systems) caused by collision, regardless of fault. Subject to limits of California law, your responsibility includes: (a) all physical and mechanical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the fair market value of the Vehicle less salvage; (ii) if we determine that the Vehicle is repairable, the actual or estimated cost of the repairs performed; (b) an administrative fee; and (c) our actual charges for towing, storage, and impound. You are responsible for loss due to theft of the Vehicle and damage caused by vandalism that occurs in connection with a theft if you fail to exercise ordinary care while in possession of the Vehicle. You are responsible for damage due to vandalism not associated with theft of the Vehicle up to a maximum of $500. You are responsible for replacing missing equipment and Vehicle documents and keys. You must report all Vehicle accidents and incidents of theft or vandalism to us and the police upon discovery.
If we offer, and you purchase, loss damage waiver (“LDW”), we will waive our right to hold you financially responsible for damage to or loss of the Vehicle. LDW is not insurance, is optional, and may duplicate coverage under your own insurance policy or credit card. You may wish to check with your insurance representative or credit card company to determine whether you have coverage or protection for damage, theft or loss of the Vehicle. LDW does not apply to keys, key fobs, transponders, or to Optional Equipment that we rent to you for use in the Vehicle. Your LDW will be invalidated, and we will not waive our right to hold you financially responsible for loss of or damage to the Vehicle that: (a) results from an authorized driver's (i) intentional, willful, wanton, or reckless conduct, (ii) operation of the Vehicle under the influence of drugs or alcohol in violation of Section 23152 of the California Vehicle Code, (iii) towing or pushing anything, or (iv) operation of the Vehicle on an unpaved road if the damage or loss is a direct result of the road or driving conditions; or (b) occurs while the Vehicle is (i) used for commercial hire, (ii) used in connection with conduct that could be properly charged as a felony, (iii) involved in a speed test or contest or in driver training activity, (iv) operated by a person other than an authorized driver, or (v) operated outside the United States. Your LDW also will be invalidated if an authorized driver has provided fraudulent information to us or provided false information and we would not have rented the Vehicle if we had instead received true information
You are responsible for all damage or loss you cause to yourself and others. It is your responsibility to know and understand the insurance coverage you have or elect to purchase for this rental. You agree to maintain automobile insurance during the Rental Period which provides us and you the following primary coverage: (a) Bodily injury (“BI”) and property damage (“PD”) liability coverage; (b) Personal injury protection (“PIP”), no-fault, or similar coverage where required; (c) Uninsured/underinsured (“UM/UIM”) coverage where required, and (d) Comprehensive and collision damage coverage extending to the Vehicle. Your insurance coverage will provide at least the minimum limits of coverage required by the financial responsibility laws of the state where the loss occurs. Where permitted by law, by signing this Agreement, you and we reject UM/UIM, no-fault, and PIP coverages. If such protection is imposed by operation of law, it will be for the minimum limits required. Because you are providing auto insurance, we are not. If required by law, we will provide BI or PD liability coverage under an insurance policy (“Policy”). The Policy extends only to the minimum limits prescribed by the state law applicable to the loss; is contingent to any other valid and collectible insurance whether primary, secondary, excess or contingent; contains exclusions, conditions, and limitations applicable to anyone claiming coverage; does not cover injury to you; and does not apply outside the U.S. or Canada. You must: (a) report damage to us and accidents to us and the police upon discovery; (b) complete our incident report form; and (b) provide us with a copy of any service of process or notice of any kind related the Vehicle. Failure to complete an incident report, or to timely report accidents to us and the police, is a material breach of this Agreement. Our Policy is void if you give the Vehicle to an unauthorized driver or otherwise materially breach this Agreement. The Vehicle may not be taken to Mexico under any circumstances.
To the fullest extent permitted by law, you will defend, indemnify and hold harmless REV from and against all liabilities, claims, demands, costs and expenses (including attorney fees) arising out of your use or operation of the vehicle and/or your failure to comply with all terms of the agreement.
You and each Additional Authorized Driver will promptly complete incident reports, deliver to REV a copy of all related documents, and fully cooperate with REV’s investigationof any vandalism, theft, accident, claim or lawsuit involving the Vehicle (this obligation to cooperate does not create a duty of defense by REV.)
You are liable for all Tolls and Violations assessed against you, us, or the Vehicle during the Rental Period. (A) Tolls. If a Toll is incurred on the Vehicle, we will charge you for the Toll at the highest prevailing undiscounted rate (electronic, cash, single-occupancy, or other) plus all applicable fees and taxes, plus an administrative of up to $75 per Toll. If we charge you for a Toll that you believe you paid, you will not be relieved of your obligation to pay us, for the Toll unless you submit proof of the payment to REV. (B) Violations. If we are notified by charging authorities that we may be responsible for payment of a Violation, you agree that we may, in our sole discretion, and without prior notice to you, pay the Violation plus applicable taxes, on your behalf directly to the appropriate authority. We will charge you the face value of the Violation and any taxes plus an administrative fee of up to $75 for each Violation. If we elect to pay the Violation, you may not be able to challenge the validity of the Violation before the issuing authority. We may, in our sole discretion, elect to transfer liability for any Violation assessed against the vehicle during the rental period to you personally in jurisdictions that permit such transfers of liability. If liability is transferred to you, we will charge you an administrative fee of up to $75 per Violation.
You authorize us to release your rental information, including personally identifiable information, to government officials and other authorities charged with enforcing Tolls and Violations. You authorize us to release your rental and payment card information. If we pay a Toll or Violation assessed on the Vehicle during the Rental Period, you authorize us, to charge all payments and administrative fees to the payment card you used to pay for this rental. You authorize us to contact you directly or to send invoices regarding any tolls, citations, fines, or penalties incurred by you or assessed against us to our vehicle while the vehicle was rented by you.
You must report any mechanical problems with the Vehicle or equipment failure to us as soon as possible at the number listed on the Rental Contract to give us the opportunity to correct the problem or failure during the Rental Period. If the Vehicle becomes undriveable due to a vehicle safety issue during the Rental Period, You may authorize any repair under $100.00 to be performed by a competent and licensed repair or service facility. Otherwise, You will not repair or replace any part of the Vehicle or otherwise alter the Vehicle without the prior written consent of REV. Payment for a repair or service under $100 is your responsibility and the cost will be reimbursed upon presentment of a receipt documenting the repair and the associated cost. You will be solely responsible for all unauthorized repairs, replacement parts, and the cost of restoring any unauthorized alterations.If the Vehicle becomes inoperable for more than 24 hours, our liability to you is limited to the daily rental rate times the number of days the Vehicle is inoperable. You also understand that you will be responsible for all costs incurred in providing roadside assistance to resolve the following issues: locked keys, drained batteries due to lights being left on, and similar issues caused by “operator error or negligence.
You acknowledge that you have been advised, and that you understand, that all motorhomes must be “winterized” when travelling in freezing conditions (i.e., temperatures below 32 degrees Fahrenheit/0 degree Celsius), which includes taking steps to protect the Vehicle’s water pipes, toilet, fresh water tanks, sinks, shower, water filter, water heater and all holding tanks. For example, winterization requires draining the water from the fresh water tank, water pipes, water filter, water heater and all waste tanks. After the Vehicle is winterized, you must not: (a) fill the fresh water tank with water; (b) connect the Vehicle to the local water supply; or (c) use the toilet, unless a non-toxic RV antifreeze is used to manually rinse and flush. Vehicles picked up from a location where the temperature is 35 degrees Fahrenheit or below will be winterized at the time of rental. You are responsible for having the Vehicle winterized while on a trip at your own expense should the weather conditions require. For purposes of determining whether winterization is required during the Rental Period, you should use the lowest temperature in each 24-hour period. You are also financially responsible for having the Vehicle re-winterized on the return trip if the Vehicle was winterized at the time of pick-up and the temperature is 35 degrees or lower at the time and location of return. You will be fully responsible for any damages to the plumbing and water systems caused by freezing during the Rental Period.
You are solely responsible for all loss of and damage to any personal property placed, transported or left in the Vehicle, or at a REV facility. You will pay all costs associated with the disposal of any such property. To the extent permitted by law, You release REV our agents and employees from all claims for loss of or damage to your personal property or that of another person that we received, handled or stored, or that was left or carried in or on the Vehicle or in any service vehicle or in our offices, whether the loss or damage was caused by our negligence.
Your agree that a service charge of 1.5% per month, or the maximum rate permitted by law, shall be assessed on all delinquent accounts, until paid in full. Deposits will be returned only after all amounts payable to REV are paid in full. If your payment towards the account is returned, denied, or otherwise unable to be processed, the balance due may be sent to a 3rd party collection agency on the 31st day after the Rental Period expires. You hereby agree that you are not entitled to notice of default or notice of any action of enforcement by REV other than what is expressly provided for under the agreement. Should REV fail to meet any of its obligations under the Agreement, your only remedy is repair or replacement of the deficient Vehicle or to receive, at REV’s option, a rental charge adjustment.
The Agreement shall be governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule (whether of the State of Wisconsin or any other jurisdiction).
Informal Dispute Resolution. Before asserting a claim in any proceeding, you and we agree to give the other party written notice of the claim to be asserted 30 days before initiating a proceeding and make a reasonable good faith effort to resolve the claim. If you intend to make a claim against us, you must send the written notice of the claim to: REV Rentals, 245 S. Executive Drive, Brookfield, WI 53005. If we intend to assert a claim against you, we will send the written notice of the claim to you at your address that we have in our records.
Arbitration. If you and REV cannot resolve a dispute informally through the process described above, except for the exempt disputes and claims noted below, Any controversy or claim arising out of or relating to your rental of a vehicle from REV and this agreement, shall be settled exclusively by binding arbitration administered by the american arbitration association (“aaa”) in accordance with its commercial arbitration rules (“rules”) and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. You and we agree that any arbitration shall be conducted on an individual basis and not in a class, consolidated, or representative action. You and we each waive the right to a trial by jury or to participate in a class action, either as a class representative or class member.
The place of arbitration shall be the county of your billing address. The arbitration shall be governed by the laws of the State of Wisconsin. Hearings will take place pursuant to the standard procedures of the Rules that contemplate in person hearings. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration; however, if you seek $10,000 or less through arbitration, REV will reimburse you for any AAA filing fee. The award of the arbitrators shall be accompanied by a reasoned opinion, and the arbitrator may award injunctive relief as well as money. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. You can obtain information on the AAA, instructions on filing a claim, and a copy of the Rules from the AAA’s website at www.adr.org. This arbitration agreement is subject to the Federal Arbitration Act.
Exempt Disputes and Claims. Disputes and claims that are either: (a) within the jurisdiction of the small claims court; or (b) related to personal injury and/or property damage or loss (including damage to or loss of the Vehicle) are exempt from the Arbitration provision described above.
You are entitled to a paper copy of this Agreement if you choose. If you provided your consent on the Rental Contract to receive this Agreement via email, your consent applies to this Agreement and all subsequent documents and written communications related to this Agreement and your rental. By contacting REV, you may update your email address, withdraw your consent, or obtain a paper copy of the Agreement or related documents at no charge. By providing your consent, you confirm that you have access to a computer that can receive and open emails and PDF documents.
You represent and warrant that: (a) you have inspected the Vehicle; (b) you received an orientation to the Vehicle and its equipment (and operating the Vehicle and its equipment) and had the opportunity to ask questions; and (d) you are confident that you can operate the Vehicle and its equipment safely. You understand that you are responsible for your safety and that of all guests in the Vehicle. To the fullest extent permitted by law, you voluntarily assume all risk of accident or damage to persons or property that may arise out of or that is related to the use or operation of the Vehicle and its equipment.
You agree that we may disclose personally identifiable information about you to law enforcement agencies or to other third parties in connection with our enforcement of our rights under this Agreement and other legitimate business functions. The Vehicle also may be equipped with devices that permit you to pair your own mobile devices, and which may download your personal contacts, communications, location or other digital data. You should delete all personal information from the Vehicle’s systems before returning it. Questions regarding privacy should be directed to the location where you rented the Vehicle or to REV Rentals, 245 S. Executive Drive, Brookfield, WI 53005.
The Vehicle may be equipped with global positioning satellite (GPS) technology or another telematics system, an event data recorder (EDR), and/or a telematics device consisting of a transceiver box, antenna and other related equipment and hardware (collectively "Device"). You agree not to tamper with or disable the Device without the express written consent of REV. You shall be responsible for any loss of or damage to the Device up to its full replacement cost. The Device, all related software and all data collected from the Device shall at all times remain the property of REV. The Device may be removed by REV at any time or upon termination of this agreement. You acknowledge that your use of this Vehicle may be remotely monitored by us or on behalf of us through the Device and other telematics systems to the extent permitted by California law. This remote monitoring may include collection of Vehicle data, such as: location, odometer, oil life, fuel level, tire pressure, battery state of charge, diagnostic trouble codes, vehicle speed, and other elements we may deem necessary. You acknowledge that the Devise may use cellular or other transmissions, and that you should have no expectation of privacy related to your use of this Vehicle. You authorize the release of information collected by the Device or other telematics system or EDR and agree to inform all drivers and passengers of the Vehicle of the terms of this section, including your authorization to the release of information. We are not responsible for the operability of any telematics navigational or other system included with the Vehicle. To the extent permitted by law, you agree to release us and agree to indemnify, defend and hold us harmless from any damage to persons or property caused by failure of the Device or other telematics system or EDR to operate properly, or otherwise arising from the use of the Device or other telematics system or EDR.
This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the e performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. To the extent permitted by law, you release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle; and waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.