Rental Agreement

RENTAL AGREEMENT & TERMS Roamin Catholic Family LLC, doing business as Roamin' Rentals ("Roamin' Rentals," "we," "our," or "us"), rents recreational vehicles to you ("you," "your," or the "Renter"). By checking the box to accept these terms when you request a booking, and again when you pay your deposit, you agree to this Rental Agreement (the "Agreement") in full and represent that you are a capable and validly licensed driver. Your online reservation — including the vehicle, dates, driver(s), destination, estimated charges, mileage and generator allowances, and refundable security deposit shown there — is the "Face Page" of this Agreement and is incorporated into it by reference. ALL CHARGES ARE SUBJECT TO A FINAL AUDIT after your trip. These terms are adapted from the MBA Insurance 2024 Nebraska "Select" motorized rental agreement, the sample provided by our insurer for RV rentals in Nebraska. ================================================================ PART A — BOOKING, PAYMENT, DEPOSIT & CANCELLATION ================================================================ This Part A states Roamin' Rentals' specific policies. Where it specifies particular amounts or timing, it supplements the general Terms & Conditions in Part B below. A1. Driver requirements. Every driver must hold a valid driver's license and be at least 25 years old. Only Authorized Drivers may drive the Vehicle. Before pickup, every driver — the renter and each additional driver — must (i) be listed on your reservation and (ii) upload a clear photo or copy of their valid driver's license through your reservation page. This is a condition of insurance coverage: under our insurer's policy, only a listed driver whose license we have on file qualifies as a covered "rental customer." A person who drives the Vehicle without being listed with a license on file is not covered by any insurance, and you remain fully responsible for any resulting loss. Recreational vehicles are large and handle very differently from passenger cars; you agree to operate the Vehicle carefully and to follow the orientation and instructions we provide. A2. Payment schedule. A deposit of 25% of your trip total is due to confirm your reservation. The remaining balance is automatically charged to your card approximately 7 days before your departure date. If you book fewer than 7 days before departure, the full balance is due at the time of booking. A3. Refundable security deposit. Before pickup, we place a hold on (or, for longer trips, charge) your payment card for a refundable security deposit in the amount shown on your reservation. We may apply the security deposit toward mileage or generator overages, damage, cleaning fees, fuel, tolls and violations, and any other Charges under this Agreement. Any unused portion is released or refunded after the Vehicle is returned and our final audit is complete. Your card issuer's timing rules apply to when released funds become available. A4. Mileage and generator allowances. Your reservation includes a mileage allowance per night and, if your Vehicle is equipped with a generator, a generator-hour allowance per night, each as shown on the Vehicle's listing and your reservation. Odometer and (if applicable) generator readings are recorded at pickup and at return. Miles driven or generator hours used beyond the included allowance are billed at the per-mile and per-hour overage rates shown on the listing. A5. Preparation fee. A preparation fee of $100 applies to each rental, as shown in your charges. There is no separate routine cleaning fee; however, an additional cleaning fee applies if the Vehicle is returned substantially less clean than when rented or with evidence of smoking, vaping, or animals (see Part B, Paragraph 10). A6. Cancellation policy. - If you cancel within the grace period — within 24 hours of booking when your trip is more than 7 days away, or within 1 hour of booking when your trip is 7 days away or less — you receive a full refund. - Cancel more than 30 days before departure: full refund of the nightly rental. - Cancel 8 to 30 days before departure: 50% refund of the nightly rental. - Cancel 7 or fewer days before departure: no refund of the nightly rental. Preparation, delivery, and any add-on charges are always fully refundable if you cancel. Refunds are calculated on amounts actually paid. A7. Insurance; how coverage works. You must obtain the required base coverage through MBA Insurance for your rental dates before pickup. Please understand how this coverage is structured: - The base coverage provides liability protection only up to the minimum limits required by Nebraska law, and that liability coverage is EXCESS over any other valid and collectible insurance available to you (including your own personal auto insurance). In other words, your own insurance applies first. - Physical damage to the Vehicle is covered subject to a $1,000 deductible per occurrence, for which you (the Renter) are responsible and which we may apply against your security deposit (see Paragraph 5 and Part A, Paragraph A3). - Optional add-on coverages — Supplemental Liability (SLI), Personal Accident/Personal Effects (PAI/PEI), and Roadside Assistance — are available through MBA at your option. Because base liability is limited to the state minimum, SLI is the only way to raise your liability protection above that minimum. Obtaining any add-on is your choice and your responsibility. Roadside Assistance, if you want it, must be purchased at least 48 hours before pickup to be active. - Coverage applies only to a driver who is a "rental customer": listed on your reservation, validly licensed, and with a copy of their license on file with us before the rental (see Part A, Paragraph A1). We may ask you to confirm or provide proof of your coverage before releasing the Vehicle. See also Part B, Paragraph 8. ================================================================ PART B — VEHICLE RENTAL AGREEMENT TERMS & CONDITIONS ================================================================ 1. Definitions. "Agreement" means all terms and conditions found in these Terms & Conditions, the Face Page (your online reservation), and any additional documents you sign or we provide at the time of rental. "Charges" means the fees and charges incurred under this Agreement, all payable in U.S. Dollars. "Diminished Value" means the actual or perceived loss in market or resale value that results from a direct or accident loss. "Including"/"Includes" means "including, but not limited to." "Loss of Use" means the loss of our ability to use the Vehicle for our purposes due to Vehicle damage or loss during the Rental Period. "Rental Period" means the period between the time you take possession of the Vehicle and the time the Vehicle is returned to or recovered by us and checked in by us. "Vehicle" means the recreational vehicle or motor home identified in this Agreement and any vehicle we substitute for it, and all of its tires, tools, accessories, equipment, appliances, keys, and documents. "You"/"your" means the person identified as the renter, each person signing or accepting this Agreement, each Authorized Driver, and every person or organization to whom Charges are billed at its or the renter's direction; all are jointly and severally bound. "We," "our," or "us" means Roamin Catholic Family LLC, doing business as Roamin' Rentals. 2. Nature of Contract. This is a contract for the rental of the Vehicle. You agree that you are not our agent for any purpose, and that you may not assign or transfer your obligations or sublease the Vehicle. 3. Authorized Drivers; Acknowledgments. (a) "Authorized Driver" means: (i) the person identified as the renter on the Face Page; (ii) each additional driver listed by us; and (iii) any person specifically authorized to drive the Vehicle under applicable law. Each Authorized Driver must possess a valid driver's license and be at least age 25. Authorized Drivers are the only persons permitted to drive the Vehicle. (b) You acknowledge that motor homes and recreational vehicles are very large, handle differently than passenger cars, and require more skill to operate safely. The Vehicle may require more clearance above, in front of, behind, and beside it, and the use of mirrors and direct visual verification is always required. Spotters are recommended when backing. 4. Inspection; Condition and Return; Repossession; No Warranties. You are renting the Vehicle "As Is," and you have an opportunity to inspect it before leaving. You must return the Vehicle: (a) to the location we specify, on the date and time noted (or sooner on our demand); (b) in the same condition you received it, except ordinary wear; and (c) with at least the same amount of fuel as when rented, unless you purchase a prepaid fuel option. To extend the Rental Period you must obtain our approval before the due-in date. To the fullest extent permitted by law, we may repossess the Vehicle at your expense without notice if it is abandoned or used in violation of law or this Agreement. If the Vehicle is returned after hours, you remain responsible for all loss or damage until we inspect it, and Charges may continue to accrue. Any service or replacement of parts during the Rental Period requires our prior written approval. You must check and maintain all fluid levels. To the fullest extent permitted by law, we make no warranties, express or implied, including no warranty of merchantability and no warranty that the Vehicle or any optional equipment is fit for a particular purpose. 5. Responsibility for Damage or Loss. Regardless of fault, you are responsible for all damage to, loss of, or theft of the Vehicle during the Rental Period, including damage caused by collision or upset, weather, road conditions, vandalism, theft, and acts of God. Your responsibility includes: (a) all damage to the Vehicle, measured (i) if a total loss, by the actual cash value less salvage, or (ii) if repairable, by the reasonable estimated or actual cost of repair plus any Diminished Value; (b) Loss of Use, measured by your daily rental rate times the number of days the Vehicle is out of service, which you agree is a reasonable estimate and not a penalty, and is payable regardless of fleet utilization; (c) a reasonable administrative fee based on the damage amount; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs of enforcing this Agreement or collecting Charges, including attorneys' fees. You are responsible for replacing missing equipment, documents, and keys. You must report all accidents, theft, and vandalism to us and the police as soon as you discover them. 6. Prohibited Use of the Vehicle. The following are prohibited and are material breaches of this Agreement, including use of the Vehicle: (a) by anyone who is not an Authorized Driver, whose license is suspended, who is impaired by or under the influence of alcohol, narcotics, intoxicants, or affecting medications, who is on the roof of the Vehicle, who is smoking or vaping in the Vehicle, or who provided false information; (b) for any illegal purpose or any use constituting a felony or violation of law (other than minor traffic violations); (c) to carry persons or property for hire; (d) to push or tow anything (unless we authorize it in writing), to teach anyone to drive, or to carry objects on the roof; (e) in any race, speed test, or contest; (f) to carry dangerous, hazardous, or illegal materials; (g) outside the United States or Canada or the geographic area described in this Agreement (the Vehicle may not be taken to Mexico under any circumstances); (h) loaded beyond its manufacturer capacity; (i) on unpaved surfaces except at licensed public campgrounds or as we authorize in writing; (j) to transport more persons than seat belts, or persons outside the passenger compartment; (k) to transport children without required safety restraints; (l) with a tampered or disconnected odometer; (m) with low fluid levels or when further operation would reasonably be expected to damage the Vehicle; (n) with inadequately secured cargo; (o) after an accident without summoning police to the scene; (p) to transport an animal other than a service animal, except as we otherwise permit in writing; (q) through any structure or underpass with insufficient clearance; (r) while using a hand-held wireless device not in hands-free mode; (s) in violation of the safety and operating instructions we provide; (t) recklessly or with willful disregard for the Vehicle or third parties; or (u) if you leave the Vehicle without removing the keys and locking it and it is stolen or vandalized. PROHIBITED USE VIOLATES THIS AGREEMENT AND, TO THE FULLEST EXTENT PERMITTED BY LAW, VOIDS ALL LIABILITY AND OTHER INSURANCE COVERAGE. 7. Optional Equipment. We may offer optional equipment or packages (such as kitchen or linen packages or child safety seats) subject to availability at an additional charge. All optional equipment is rented "As Is" and must be returned in the same condition. If you rent a child safety seat, you must inspect and install it yourself. 8. Insurance; Handling Accidents/Incidents. You are responsible for all damage or loss to the Vehicle (Paragraph 5) and for all damage or loss caused by the Vehicle to third parties or their property. You must obtain and, on request, provide proof of the required base coverage through MBA Insurance for your rental dates (see Part A, Paragraph A7). That coverage extends liability to you only up to the minimum limits required by Nebraska's financial responsibility laws, and is EXCESS over any other valid and collectible insurance available to you — including your own personal auto insurance, which applies first. Physical-damage coverage on the Vehicle is subject to a $1,000 deductible per occurrence for which you are responsible. All such coverage is subject to its own exclusions, conditions, and limitations, and applies only to a covered "rental customer" as described in Part A, Paragraph A1. You must report all damage to us and all accidents to us and the police as soon as you discover them, complete our incident report, and provide us copies of any legal papers related to an incident. Coverage may be void if the Vehicle is driven by anyone who is not a listed, license-on-file driver, if you materially breach this Agreement, or if you fail to cooperate in a loss investigation or file a timely, accurate incident report. 9. Indemnification. To the fullest extent permitted by law, you agree to indemnify, defend, and hold us harmless from all claims, liability, costs, and attorney fees we incur resulting from, in connection with, or arising out of this Agreement, the rental transaction, or the use of the Vehicle or optional equipment by you or any other person. 10. Payment; Charges. You will pay all Charges at or before the conclusion of the rental or on demand, including: the base rental rate; any additional driver fee; excess mileage and generator fees; optional products and services; fuel and a refueling fee if returned with less fuel than when rented; taxes, fees, and surcharges; costs to locate and recover the Vehicle if you fail to return it; costs of enforcement and collection, including attorney fees; a late payment fee and returned-check fee as permitted by law; a reasonable cleaning fee if the Vehicle is returned substantially less clean than when rented or with evidence of smoking, vaping, or animals; towing, storage, penalties, and court costs; a reasonable fee for lost keys or key fobs; and a surcharge if the Vehicle is returned to a different location or before or after the due-in date. You are responsible for all Charges even if you indicate someone else will pay. All Charges are subject to a final audit; if errors are found, you authorize us to correct the Charges with your payment card issuer. 11. Reserve; Deposit. You permit us to reserve against your payment card, or take a cash deposit, a reasonable amount in addition to the estimated charges (the refundable security deposit described in Part A, Paragraph A3), and understand those funds will not be available for your use until after the Vehicle is returned. We may use the reserve or deposit to pay all Charges. We will authorize the release of any excess after the rental is complete; your card issuer's rules govern when the credit posts. 12. Tolls, Traffic Violations, and Other Charges. You are liable for all tolls and for all moving violations, parking citations, photo-enforcement fees, fines, and penalties assessed against you, us, or the Vehicle during the Rental Period. If a charging authority notifies us, we (or a third-party processor) may pay the toll or violation on your behalf and charge you its face value plus applicable taxes and a reasonable administrative fee, and may transfer liability to you where permitted by law. You authorize us to release your rental information to processors and authorities for this purpose and to charge these amounts to the card you used for the rental. To avoid tolls and related fees, use a personal transponder, cash lanes, or a route that avoids tolls. 13. Vehicle Inoperability. 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. 14. Personal Information. You agree that we may disclose personally identifiable information about you to third parties in connection with enforcing our rights under this Agreement and for other legitimate purposes. A copy of our privacy practices is available on request by contacting us. 15. Telematics Notice. You acknowledge that the Vehicle may be equipped with GPS, a telematics system, and/or an event data recorder ("Telematics Systems"), and that your use may be remotely monitored to the fullest extent permitted by law, including collection of data such as location, odometer, fuel level, tire pressure, battery charge, and diagnostic codes. Collected data may be combined with information you provide and shared with our service providers, and stored after the rental ends. You agree to inform all drivers and passengers of this paragraph. We are not responsible for the operability of any Telematics System. If the Vehicle has an active telematics service, your use is subject to the operator's terms; if it does not, you agree not to activate it, and if you do you are responsible for the subscription fees. 16. Electronic Communications; Texts and Calls. (a) To the fullest extent permitted by law, we may provide this Agreement and any notices or communications regarding your reservation or rental to you electronically, including by email to the address you provide, and you agree to receive them electronically; all such communications are considered "in writing." Your consent is valid until you revoke it. (b) By accepting this Agreement, you consent to us or our representatives contacting you at the phone number(s) you provide for informational or transactional outreach, including customer surveys, by live, pre-recorded, or autodialed calls or texts. This consent is not a condition of the Agreement. 17. Personal Property. To the fullest extent permitted by law, you waive all claims against us and our agents and employees for loss of or damage to personal property left or carried in or on the Vehicle or in our offices, whether or not caused by our negligence. Infotainment systems may store your contacts, communications, or location; wipe all personal information from the Vehicle's systems before returning it. 18. Miscellaneous. No term of this Agreement may be waived or modified except by a writing we have signed. This Agreement is the entire agreement between you and us about its subject matter, and supersedes all prior representations and agreements about this rental. Our acceptance of payment or failure to exercise any right is not a waiver of any provision. To the fullest extent permitted by law, you (a) waive all recourse against us for any criminal reports we make arising out of your breach, and (b) release us from all liability for consequential, special, or punitive damages in connection with this rental. If any provision is deemed void or unenforceable, the remaining provisions remain valid and enforceable. ================================================================ PART C — NEBRASKA DISCLOSURES & GOVERNING LAW ================================================================ - A Nebraska Short-Term Rental Fee (Neb. Rev. Stat. § 77-4501) and applicable sales tax may be added to your Charges and, where applicable, are shown on your reservation. - NO SMOKING OR VAPING of any substance is allowed in or around the Vehicle. - USE OF THE AWNING IS PROHIBITED. - This Agreement is governed by the laws of the State of Nebraska, without regard to its conflict-of-laws rules. By checking "I have read and agree to the Rental Agreement," you agree to the terms and conditions of this Agreement as set forth on the Face Page (your reservation) and in these Terms & Conditions; acknowledge that you had an opportunity to read the entire Agreement before accepting; represent that you are a capable and validly licensed driver at least 25 years old; authorize us to charge your payment card for all Charges, including tolls and violations, and to reserve the refundable security deposit; and authorize us to adjust your card to reflect changes due or overpaid as a result of our final audit. ALL CHARGES SUBJECT TO FINAL AUDIT.