FACE PAGE - RENTAL AGREEMENT TERMS AND CONDITIONS (“Terms & Conditions”)
1. Definitions. “Agreement” means all terms and conditions found in these Terms & Conditions, the Face Page, any addenda and any additional materials that we provide and that you sign at the time of rental. “You” or “your” means the person identified as the renter in this Agreement, any person signing this Agreement, any Authorized Driver and any person or organization 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 the rental company named in this Agreement. “Authorized Driver” means the renter and any additional driver listed by us on this Agreement provided that each such person has a valid driver's license and is at least 25 years of age. Only Authorized Drivers are permitted to drive the Vehicle. “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. The Vehicle may be equipped with global positioning satellite (“GPS”) technology or another telematics system and/or an event data recorder, and privacy is not guaranteed. “Loss of Use” means the loss of our ability to use the Vehicle for our purposes due to Vehicle damage or loss during this rental, including, without limitation, use for rent, display for rent and sale, opportunity to upgrade or sell, or transportation of employees. “Diminished Value” means the difference between the fair market value of the Vehicle before damage and its value after repairs as calculated by a third‐party estimate obtained by us or on our behalf. “Charges” means the fees and charges that are incurred under this Agreement. “Rental Period” means the period between the time you take possession of the Vehicle until the Vehicle is either returned to or recovered by us and checked in by us. “Vehicle License Fee,” “Vehicle Licensing,” “Vehicle License Prop Tax,” “Vehicle License Cost Recovery Fee,” or “Motor Vehicle Tax” means a vehicle license cost recovery fee based on our estimated average per day per vehicle portion of our total annual vehicle licensing, titling, and registration costs or as other
wise defined under applicable law.
2. Rental, Indemnity and Warranties. This is a contract for the rental of the Vehicle. We may repossess the Vehicle at your expense without notice to you if the Vehicle is abandoned or used in violation of law or this Agreement. You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental or your use of the Vehicle or our repossession of it. We make no warranties, express, implied or apparent, regarding the Vehicle or Optional Equipment, no warranty of merchantability and no warranty that the Vehicle or Optional Equipment is fit for a particular purpose.
3. Condition and Return of Vehicle. You must return the Vehicle to our rental office or other location we specify, on the date and time specified in this Agreement, and in the same condition that you received it, except for ordinary wear. If you wish to extend the Rental Period, you must return the Vehicle to our rental office for inspection and written amendment by us before the due‐in date. If the Vehicle is returned after closing hours, you remain responsible for the loss of and any damage to the Vehicle until we inspect it upon our next opening for business, and Charges may continue to accrue. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior written approval. You must check and maintain all fluid levels, and return the Vehicle with at least the same amount of fuel as when rented.
4. Responsibility for Damage or Loss; Reporting to Police. You are responsible for all damage to or loss or theft of the Vehicle, including damage caused by weather, acts of god or terrain conditions. Your responsibility will include: (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle, less salvage; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which is measured by multiplying the daily normal rental ratewithout discounts by either the actual or estimated number of days from the date the Vehicle is damaged until we receive the insurance claim funding for repairs. You agree that loss of Use represents a reasonable estimate of Loss of Use damages and not a penalty; (c) an administrative fee, calculated based on the damage repair estimate as follows, which you agree is reasonable: $0‐$250 damage=$50 fee; $251‐$500 damage=$75 fee; $501‐750 damage= $100 fee; $751‐1500 damage=$150 fee; $1501‐2500 damage=$200 fee; over $2500 damage=$250 fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. You must report all accidents or incidents of theft and vandalism to us and the police as soon as you discover them.
5. Prohibited Uses. The following uses of the Vehicle are prohibited and are material breaches of this Agreement. The Vehicle shall not be used: (a) by anyone who is not an Authorized Driver, or by anyone whose driving license is suspended in any jurisdiction; (b) by anyone under the influence of a prescription or non‐prescription drug or alcohol; (c) by anyone who obtained the Vehicle or extended the Rental Period by giving us false, fraudulent or misleading information, or who withheld information that would have caused us not to rent the Vehicle; (d) in furtherance of any illegal purpose or under any circumstance that would constitute a felony or other violation of law (other than a minor traffic violation); (e) to carry persons or property for hire; (f) to push or tow anything, to teach anyone to drive, or to carry objects on the roof of the Vehicle; (g) in any race, speed test or contest; (h) to carry dangerous or hazardous items or illegal materiel; (i) outside the United States, Canada or the geographic area indicated elsewhere in this Agreement; (j) when loaded beyond its capacity as determined by the manufacturer of the Vehicle; (k) on unpaved surfaces, except at licensed public campgrounds; (l) to transport more persons than the Vehicle has seat belts, or to carry persons outside the passenger compartment; (m) to transport children without approved child safety seats as required by law; (n) when the odometer has been tampered with or disconnected; (o) when the Vehicle's fluid levels are low, or it is otherwise reasonable to expect you to know that further operation would damage the Vehicle; (p) in a manner that causes damage to the Vehicle due to inadequately secured cargo; (q) after an accident with the Vehicle unless and until you summon the police to the accident scene; (r) to transport an animal (other than a service animal); (s) in or through a structure of an underpass, gas station, drive‐through, or other object where there is insufficient clearance (width or height); (t) by anyone who is sending an electronic message, including text (SMS) messages or emails, while operating the Vehicle; or (u) in violation of any “Rules of the Road,” vehicle safety and operations training, or other similar materials or instructions that we provide to you at thetime of rental. Sitting, standing or lying on the roof of the Vehicle and smoking in the Vehicle also are prohibited. PROHIBITED USE OF THE VEHICLE VIOLATES THIS AGREEMENT AND VOIDS ALL LIABILITY AND OTHER INSURANCE COVERAGE (WHERE PERMITTED BY LAW).
6. Optional Equipment. We offer certain Optional Equipment, including navigational systems, kitchen or linen packages, bike racks, kayak racks upon request and subject to availability for your use during the rental at an additional charge. All Optional Equipment is rented AS IS and must be returned to us at the end of the rental in the same condition as when rented. If you rent a child safety seat, you must inspect and install the child seat into the Vehicle yourself. If you rent a GPS device, you should review the operational instructions before leaving the rental location. If you rent a Verizon Wifi Internet puck and fail to return it or break it, you will be charged a $500 replacement fee. If the renter fails to return a National Park Pass, a $180 fee will be charged.
7. Insurance. You are responsible for all damage or loss you cause to the Vehicle and to others. You must provide us with proof of insurance indicating that you have primary motor vehicle liability, collision and comprehensive insurance covering you, us, and 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. We also provide an insurance policy ("Policy") that provides automobile liability coverage for bodily injury and property damage to third parties with limits no higher than the minimum amounts stated in the financial responsibility insurance laws of the state whose laws apply to the loss. Any insurance we are required to provide is excess to any other valid and collectible insurance whether primary, secondary, excess or contingent. The Policy contains exclusions, conditions, and limitations applicable to anyone claiming coverage. PIP, medical payments, no-fault, uninsured or under-insured motorist coverage will be for the minimum limits required by applicable law. You must: (a) report all damage to us and all accidents to us and the police as soon as you discover them and complete our incident report form; and (b) provide us with a legible copy of any service of process, pleading, or notice of any kind related to an accident or other incident involving the Vehicle. Coverage under the Policy is void if you give the Vehicle to an unauthorized driver or otherwise materially breach this Agreement; or if you fail to cooperate in a loss investigation or to file a timely and accurate incident report.
8. Charges and Costs. You permit us to reserve against your credit/debit card (“Reserve”) or take a cash deposit (“Deposit”) at the time of rental a reasonable amount in addition to the estimated charges. We may use the Reserve or Deposit to pay all Charges. We will authorize the release of any excess Reserve or refund any excess Deposit after the completion of your rental. Your debit/credit card issuer’s rules will apply to your account being credited for the excess, which may not be immediately released by the card issuer, and refund of your Deposit may require up to 21 days to process and return. You will pay us, or the appropriate government authorities, at or before conclusion of this rental or on demand all Charges, including: (a) base rental rate for the Rental Period; (b) excess mileage fee if applicable; (c) charges for additional drivers; (d) optional products and services you purchased; (e) fuel, if you return the Vehicle with less fuel than when rented; (f) applicable taxes and surcharges; (g) all expenses we incur in locating and recovering the Vehicle if you fail to return it or if we elect to repossess the Vehicle under the terms of this Agreement; (h) all costs, including pre‐ and post‐judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (i) a fee not to exceed $450 to clean the Vehicle if returned exceptionally dirty outside of reasonable dirtiness when rented; (j) a fee of $350 if you lose the keys to the Vehicle; (k) a surcharge if you return the Vehicle to a location other than the location where you rented the Vehicle or if you do not return it on the date and time due, and you may be charged the standard rates for each day (or partial day) after the due‐in date, which may be substantially higher than the rates for the initially agreed rental period if a special or promotional rate applied to the initially agreed rental period; and (l) replacement cost of lost or damaged parts and supplies used in Optional Equipment. All Charges are subject to our final audit. If errors are discovered after the close of this transaction, you authorize us to correct the Charges with the payment card issuer.
9. Your Property. You release us, our agents and employees from all claims for loss of, or damage to, your personal property or that of any other 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 or not the loss or damage was caused by our negligence or was otherwise our responsibility.
10.Responsibility for Tolls, Traffic Violations, and Other Charges. You are responsible for paying the charging authorities directly all tolls (“Tolls”) and parking citations, photo enforcement fees, fines for toll evasion, and other fines, fees, and penalties (each a “Violation”) assessed against you, us or the Vehicle during the Rental Period. If we are notified by charging authorities that we may be responsible for payment of a Toll or Violation, you will pay us or a processing firm (“Processor”) of our choosing an administrative fee of up to $50 for each such notification. You authorize us to release your rental and payment card information to a Processor for processing and billing purposes. If we or the Processor pay a Toll or Violation, you authorize us or the Processor to charge all such payments, service fees and administrative fees to the payment card you used in connection with this rental.
11.Our Responsibility to You if the Vehicle becomes Inoperable. If the Vehicle becomes inoperable for more than 24 hours, our liability to you is limited to only the daily rental rate times the number of days the Vehicle is inoperable. Cleaning Fees, insurance, or any other add-on services are not refundable. Inoperable is defined as the vehicle or trailer physically not being able to travel down the road. Inoperable does not include loss of usage of water systems, heater systems, cooling systems, or any other amenity inside the RV. If you failed to purchase roadside assistance you are responsible for all tow fees. High Alpine Rentals is not responsible for rental car fees, and any additional fees. We will do our best to get you back on the road or get you a replacement camper during your trip. You understand this risk.
12.Personal Information. You agree that we may disclose personally identifiable information about you to applicable law enforcement agencies or to other third parties in connection with our enforcement of our rights under this Agreement and other legitimate business functions. Questions regarding privacy should be directed to the location where you rented the Vehicle.
13.Miscellaneous. No term of this Agreement can be waived or modified except by a writing that we have signed. 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 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. You 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. Unless prohibited 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. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. This Agreement will be governed by the substantive law of the jurisdiction where the rental commences, without giving effect to the choice of law rules thereof, and you irrevocably and unconditionally consent and submit to the nonexclusive jurisdiction of the courts located in that
14. Agreement of property replacement . You understand that if any property also called equipment, if lost during reservation, it is the sole responsibility of you for replacing all lost equipment. All equipment such as 30/50amp power cords, yard chairs, wheel chock blocks, leveling blocks, any item that belongs to the rv, if not returned with rv, will face a replacement fee for each item. You understand that you will be charged an administrative fee of $99 plus the cost of the missing property.
15. Agreement of RV usage during winter conditions . You understand that RV plumbing is not made for temperatures below 32F. You acknowledges and understand that if the RVs plumbing is used during your reservation and a water pipe burst or has a leak due to usage in freezing temperatures, that you are 100% responsible for any and all repair costs affiliated with fixing the issue. RV plumbing includes the inside/outside shower system, all water pipes inside and outside of RV, both fresh water pipes and gray water pipes. Black water pipes, toilet seals, any water pipes inside any of our High Alpine Rentals RV fleet that has water lines, black water lines, holding tanks, all fit into you being responsible for any and all issues caused by using RV during freezing temperatures.
16. Acknowledgment of Legal Actions for failure of payment of debts. You understand that if any invoices for services performed or any invoices for missing equipment, if not paid, we will seek legal actions against you. Unpaid debts will be sent to collections, which if left unpaid will result in court action. As stated in paragraph 4, you will be responsible for all fees associated.
17. Storage of personal vehicle in facility parking lot during reservation. You are authorized to keep your vehicle at our High Alpine Rentals facility during reservation. You will provide proof of insurance for vehicle left at facility. You acknowledge that High Alpine Rentals will keep vehicle keys during reservation. You understand that any damage caused to vehicle during your reservation caused by a High Alpine Rentals employee will be covered by us, High Alpine Rentals. Any damages caused by weather and non-preventable situations such as a tree branch falling on the vehicle, is not covered by us High Alpine Rentals, but by the you the owners insurance.
18. Our Responsibility to You if the RV has function failure of any amenities. If any amenities inside your RV has a system failure such as: hot water heater stops working, AC stops working, or any other amenities stops working during your reservation with us, we are not responsible for full refunds or partial refunds. We will do everything in our ability to have a mobile mechanic visit your RV during the trip to fix the amenity failure, but we are not responsible held if the issue can not be fixed, or a mobile mechanic can not be found at your location. We can't control when items break on the RV during a reservation. We will do everything we can to fix the issue. Trip vouchers for future trips are issued in place of refunds. Before you depart on the trip we demonstrate the working functionality of the RV.
19. Pursuant to the requirements of C.R.S. 43-3-302 and C.R.S. 42-4-1209, You (the Customer) are liable for payment of any toll evasion civil penalties and any parking violation fines incurred during the term of the Rental Period. If such a penalty is incurred, Your name, address, and state driver's license number will be furnished to the toll road or toll highway company (for toll violations) or to the prosecutorial division of the appropriate jurisdiction (for parking violation fines).
20. Failure to return the Vehicle within 72 hours of the due-in date is a felony according to Colorado Revised Statutes .18-4-402.
21. Mileage Rates are based on a calculated estimated mileage. Actual mileage may differ from estimated mileage. Mileage is determined by the manufacturer's installed odometer.
22. Septic black Tank Responsibility. You understand that it is your responsibility to only use RV/septic tank friendly toliet paper and to have a minimum of 1/3 water in the black tank before any usage. Toilet paper must be labeled as single ply, and biodegradable. Failure to use RV friendly toliet paper or less than 1/3water in the black water tank results in serious plumbing issues such as clogged pipes and drain systems. You receive the RV with an empty septic tank and understand that if the RV is returned to us with sewage in which does not come out when we drain the tank, that you will be charged $500 for us to unclog the plumping system. An Example of this is: You return the RV to us with a black tank that reads 2/3 full, we empty the black tank, yet the control panel reads as having 1/3 of black water still left in the tank, we will then know there is a clog in the plumbing system, since unclogged black water tanks empty right away. We then attach a clear hose to the drain tube, video tape the clog coming out of the pipes, and charge you the renter for clogging the system with toilet paper. We keep the video on file if you attempt to dispute the charge we will show you the video footage.
23. Renter responsibility for towing trailers. You the renter understand that if you are renting a trailer over 3,000LBS, that you are required by state law to have a electrical trailer brake controller in your tow vehicle. Your tow vehicle must also have a 7-pin electrical connector for the trailer. A 4-pin connector will result in the trailer not being rented out to you until you have a 7-pin electrical connector installed. Failure to have a electrical trailer brake controller in your tow vehicle for trailers over 3,000lbs will result in the trailer not being rented out to you until you have one installed. We are not responsible for you showing up to pick up your rental trailer with improper equipment, or a vehicle that is not able to tow the trailer rental. We will not help you install anything electrical onto your tow vehicle. We will cancel your trip and issue no refund back to you.
24. Additional Agreements.
A. This agreement between both parties supersedes any other agreements signed by the renter such as the Outdoorsy rental contract.
b. Renter understand that he/she is booking this reservation during the coronavirus outbreak. Renter understands the risk of booking this trip during covid-19 health issues and all risks associated with Covid-19. High Alpine Rentals does not offer money refunds if you book the trip and then cancel your trip due to COVID19. High Alpine Rentals does not refund any unused nights. Pickup times are 11am-3pm. We rent by the night - drop off Times are between 8am-1pm MTN Time. Renter understanding that returning the RV after 1pm will constitute the following charge to be made to the credit card on file: 0:01min - 2hr late =$175 , 2-3hr late= $275, 4hr+ = full night rate times 2.5. YOU MUST BE 25 YEARS AND OLDER TO RENT.
c. You understand that tire failure is not the responsibility of High Alpine Rentals. Tires that have had a "manufacture Defect" will be covered if the tire is brought back. All costs to have tire repairs done are the obligation of you the renter.
d. You understand and agree that the owner of the RV you are renting will not be held liable for any injuries, accidents, or anything else.
e. In the case of ANY damage / accident You MUST contact us to determine if the RV is to be returned early. Failure to notify us will result in a $650 penalty/fine