Terms of Service for Renters
Last revised: July 1, 2023
Thank you for your interest in Simple Campers!
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT AFFECTS YOUR RIGHTS, REMEDIES, AND OBLIGATIONS. THEY INCLUDE AN AGREEMENT TO ARBITRATE (UNLESS YOU OPT OUT). THESE TERMS ALSO INCLUDE A PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF FOR ALL CLAIMS AND MATTERS IN EITHER COURT OR ARBITRATION, VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION, VENUE, AND GOVERNING LAW OF DISPUTES, EXCEPT WHERE PROHIBITED, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
- Eligibility, registration, verification
- Fees, taxes
- Your commitments
- Prohibited activities
- Other legal matters
- Dispute resolution
- General Provisions
Simple Campers, Inc. and its subsidiaries (collectively, “Simple Campers”, “we”, or “us”), rent recreational vehicles on behalf of owners seeking to commercialize their recreational vehicles. “Owners” as used in these Terms includes registered owners whose vehicles are licensed or consigned to Simple Campers pursuant to an arrangement between them and Simple Campers (for example, consignment). “Renters” as used in these Terms means the user who makes the actual reservation via the Services. “Recreational vehicle” or “vehicle” as used in these Terms broadly means any vehicles listed via the Services, including, but not limited to, vans, coaches and caravans or other recreational vehicles. Simple Campers is accessible online including at simplecampers.com. The Simple Campers websites, blog, mobile applications, and associated services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us or other Simple Campers users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (these “Terms”), whether or not you become a registered user of the Services. “Services” means the rental of vehicles, your rental of a vehicle, your use of this website and other Services provided pursuant to this Agreement. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and Simple Campers. If you accept 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.Failure to use the Services in accordance with these Terms may subject you to civil and criminal penalties.
Simple Campers reserves the right, at our sole discretion, to modify the Services or to modify the Agreement, including these Terms, at any time. If we modify these Terms, we will post the modification on the Services. We will also update the “Last revised” date at the top of these Terms. If you continue to access or use the Services after we have posted a modification or have provided you with notice of a modification, or you have otherwise indicated assent to the modified terms, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your sole recourse is to stop using and accessing the Services.
Abuse of the Services
No user of the Services or visitor to the Simple Campers content may 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.
Eligibility, registration, verification
The Services are intended solely for persons who are 18 or older. However, the minimum age to rent or operate a vehicle via the Services is 25 years old (the “Minimum Rental Age”). Any use of the Services by anyone who does not meet these age requirements is prohibited. Simple Campers reserves the right in its sole discretion to deny use of the Services or features of the Services for any reason or no reason.
To access certain features of the Services, you may need sign up for an account with us or one of our third-party partners. When you book a vehicle, you provide us with certain additional information about yourself. You must provide accurate, current, and complete information during the registration and/or booking. Based on information you provide, Simple Campers may impose additional requirements for you to book a vehicle (e.g., providing your personal insurance information, providing a security deposit, adding a second form of payment, buying a certain level of protection plan, or other requirements).
Verification, Verified Drivers, Key Exchange
Where permitted, Simple Campers has the right, but not the obligation, to undertake screenings, checks, and engage in processes designed to (1) help verify the identities or check the backgrounds of Renters and Verified Drivers, including driving history and driver’s license validity, and (2) help verify insurance history and insurability.
To rent or operate a rented vehicle, as well as to be a Verified Driver (as discussed further below), you must have demonstrated to Simple Campers’ satisfaction (in its sole discretion, and the waiver of any one of the below in a specific transaction shall not be deemed to be a waiver of any others or a waiver as a matter of policy for other transactions) that you:
- hold a personal insurance policy that covers the rented vehicle as a covered automobile
- hold a current, valid (non-temporary) driver’s license; if you hold a non-United States driver’s license you will be required to provide your passport, an international driver permit or a photograph of your current driver license.
- meet the Minimum Rental Age
- consent to identify verification, credit checks, insurability checks, and other background checks we require, some of which may be administered by third parties and other partners
- have at least three years of current, licensed driving history, and have no major violations in the past three years (major violations are defined by state law and may include driving with a suspended or expired license, providing false or counterfeit documents, and engaging in speed contests) or alcohol / drug related incidents in the past seven years, and have no more than two violations or accidents combined in the past three years
- consent to and will provide other additional information we request for verification purposes when you attempt to rent a vehicle or otherwise use the Services
Simple Campers may in its sole discretion use third-party services to attempt to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize Simple Campers to request, receive, use, and store such information. Simple Campers may permit or refuse your request to book a vehicle in its sole and absolute discretion. Simple Campers may, but does not commit to, undertake efforts to ensure the safety of vehicles shared through the Services. We do not make any representations about, confirm, or endorse the safety, roadworthiness, or legal status of any vehicles beyond our policies that require owners to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, not subject to any applicable safety recalls, and otherwise satisfy our eligibility requirements, which, depending on Simple Campers’ sole discretion, may include requirements that the vehicle have a clean title (e.g., non-salvaged/non-branded/non- washed/non-written off).
Simple Campers does not endorse any owner or other user of the Services, or any Listed vehicle. Although these Terms require users to provide accurate information, Simple Campers does not attempt to confirm, and does not confirm, any user’s purported identity or other information provided by such user.
A renter may request to become and/or add additional Verified Drivers to the booking. If you are not the renter but elect to become and enter or complete the process to become a Verified Driver, in doing so you also agree to these Terms in their entirety. The term “Verified Driver” means Simple Campers has completed a minimal level of review of the user as a driver. It does not mean a comprehensive investigation into such Verified Driver, and does not include any commitment to review motor vehicle driving history or criminal background checks. As discussed under the Renter specific terms section, the renter is ultimately responsible for all behavior of any Verified Drivers. Only Verified Drivers are eligible for the full benefits offered under any protection packages, bundles, or excess coverages offered by Simple Campers, even if the renter has paid for such protection packages, bundles, or excess coverages.
The renter understands that providing possession to anyone other than a Verified Driver may mean the rental period does not have adequate protections and coverages for damage and other liabilities.
The “Key Exchange” as used in these Terms is the moment that Simple Campers turns over physical possession of the rented vehicle (whether or not any actual keys are involved) to the renter (who is a Verified Driver) or another Verified Driver reflected in the booking.
Consumer Report Authorization
When you attempt to book a vehicle, or at any time thereafter where Simple Campers reasonably believes there may be an increased level of risk, you hereby provide Simple Campers with written instructions and authorize Simple Campers, in accordance with the Fair Credit Reporting Act at 15 U.S.C. § 1681m(a), applicable consumer reporting laws, or any similar laws to obtain your personal and/or business auto insurance score, credit report, and/or conduct a background check, including a criminal background check where permissible under applicable law. You hereby agree and waive any right to receive adverse action disclosure notice(s) as defined under the Fair Credit Reporting Act, and agree that Simple Campers may make determinations, to include insurance determinations, in its sole and absolute discretion. However, Simple Campers does not commit to undertaking any such additional reviews or checks and assumes no liability for electing not to take such additional reviews or checks.
The fees (“Fees”) we charge for using the Services and other cost structures will be itemized at checkout for renters. You can verify the amount for your trip at checkout before you submit your trip request.
When you provide Simple Campers a payment method, you authorize Simple Campers, or third-party service providers acting on behalf of Simple Campers, to store your payment credential for future use in the event you owe Simple Campers any money. You authorize Simple Campers to use stored payment credentials for balances and Fees, including for booking rental costs, and renter fees (e.g., late fees, excess mileage fees, security deposits, processing fees and claims costs, and related administrative fees). In some cases, our payment processors have arrangements with card networks to automatically update stored payment credentials whenever you receive a new card (e.g., replacing an expired card or one that was reported lost or stolen) and we will rely on such updates to stored payment credentials for balances. Any use of referral Simple Campers-granted credit(s) is governed by the terms and conditions outlined in here. If a renter purchases a protection package or other excess coverages, but does not complete all the requirements to become a Verified Driver and qualify for the protections and other excess coverages offered under the purchased protection package, Simple Campers may still retain the full amount paid for such protection package.
Collection of fees
Simple Campers and its service providers will employ all legal methods available to collect amounts due, including the engagement of collection agencies or legal counsel. Simple Campers, or the collection agencies we retain, may also report information about you to credit bureaus. As a result, late payments, missed payments, or other defaults may be reflected in your credit report. In addition to the amount due, delinquent accounts or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third-party charges. If you wish to dispute the information Simple Campers reported to a credit bureau (i.e., Experian, Equifax, or TransUnion), please contact the Simple Campers support team. If you wish to dispute the information a collection agency reported to a credit bureau, you must contact the collection agency directly.
In certain jurisdictions, Simple Campers may enable the collection and remittance of certain taxes from or on behalf of renters, based on existing and future tax regulations, including marketplace facilitator or vehicle sharing regulations. The amount of taxes, if any, collected and remitted by Simple Campers will be visible to, and separately stated, to renters on their respective trip related documents and invoices.
If the renter cancels a requested booking before the requested booking is confirmed by Simple Campers, Simple Campers will refund to the renter any nominal amounts charged to the renter’s credit card in connection with the requested booking within a commercially reasonable time. If the renter cancels a confirmed booking, the cancellation policy of the Simple Campers contained in the applicable Listing will apply to such cancellation. Our ability to refund any amounts charged to the renter will depend upon the terms of the applicable Simple Campers cancellation policy.
If Simple Campers cancels a confirmed booking Simple Campers will refund to the renter the Fees for such booking within a commercially reasonable time and the renter may receive an email or other communication from Simple Campers confirming the cancellation. If Simple Campers cancels a confirmed booking and you, as a renter, have not received an email or other communication from Simple Campers, please contact our support team via electronic mail at email@example.com. If the renter does not show to pick up the vehicle, it will be treated as a renter cancellation and subject to Simple Camper’s cancellation policy.
Simple Campers reserves the right to cancel any booking, whether requested or confirmed, at any time. Depending upon the reason for the cancellation, certain fees may still be owed by the renter. Simple Campers may cancel booking request when if there is no Verified Driver on the day a reservation begins (deemed a renter cancellation). If the renter does not show to pick up the vehicle, it will be deemed a renter cancellation and subject to Simple Campers’ cancellation policy.
You agree that you will always use the Services in compliance with these Terms, applicable law, and any other policies and standards provided to you by Simple Campers.
Simple Campers Content and User Content License
Subject to your compliance with the provisions of these Terms, Simple Campers grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any Simple Campers and/or user content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Simple Campers or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through the Services such as photographs, reviews and feedback. By making available any content on or through the Services, or through Simple Campers promotional campaigns, you grant Simple Campers a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of, or to promote or market the Services. This includes Simple Campers’ right to make any content available to Simple Campers’ affiliates and service partners for marketing and promotional activities, including the sale of insurance.
We respond to notices of alleged copyright infringement according to the process set out in the US Digital Millennium Copyright Act and similar laws. If you think a user is violating your copyright(s) and want to notify us, you can find information about submitting notices here.
In connection with your use of or access to the Services, you agree that you will not, nor advocate, encourage, request, or assist any third party to:
Fail to honor your commitments, including:
- Fail to pay fees, penalties, or other amounts owed to Simple Campers or another user
- Fail, as either a renter, to timely deliver, make available, or return any vehicle and optional Add-ons, unless you have a valid reason
- Leave a vehicle unlocked or running with the keys inside, except where instructed to do so directly by Simple Campers in certain limited circumstances
Violate any law, including:
- Breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third-party rights
- Post false, inaccurate, misleading, defamatory, or libelous content.
- Infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Simple Campers, or that comes from the Services and belongs to another Simple Campers user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of Simple Campers.
Dilute, tarnish, or otherwise harm the Simple Campers brand in any way, including:
- Through unauthorized use of the Services and/or user content
- Registering and/or using “Simple Campers” or derivative terms in domain names, trade names, trademarks, or otherwise
- Registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to Simple Campers domains, trademarks, taglines, promotional campaigns, or Simple Campers and/or user content
Provide or submit any false or misleading information, including:
- False name, date of birth, driver’s license details, payment method, insurance, or other personal information in relation to a claim (for example about damage to a vehicle)
- Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity
Harm or threaten to harm users of our community, including:
- Harass, stalk, or defame any other Simple Campers user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a renter in accordance with these Terms
- Engage in physically or verbally abusive, discriminating or threatening conduct
- Use the 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, payment method details, or account numbers
- Sue or assert legal claims against Simple Campers or a Simple Campers user in any manner prohibited or waived by these Terms
Use the Services for your own unrelated purposes, including to:
- Commercialize any content found on the Services or software associated with the Services, including reviews
- Harvest or otherwise collect information about users without their and our consent
- Recruit or otherwise solicit any user to join third-party services or websites or services that are competitive to Simple Campers, without our prior written approval
Interfere with the operation of the Services, including by:
- Interfering with any other user’s listings
- Using the Services in connection with the distribution or posting of unsolicited commercial messages (e.g., spam)
- Distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail
address information, or similar methods or technology that may disrupt or interfere with the operation or provision of the Services, or harm Simple Campers or the interests or property of others
- Bypassing robot exclusion headers, interfering with the working of the Services, or imposing an unreasonable or disproportionately large load on our infrastructure
- Systematically retrieving data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise
- Using, displaying, mirroring, or framing the Services or any individual element within the Services, the Simple Campers name, any Simple Campers trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without the express written consent of Simple Campers
- Accessing, tampering with, or using non-public areas of the Services, our computer systems, or the technical delivery systems of our service providers
- Attempting to probe, scan, or test the vulnerability of any of our system or network or breach any security or authentication measures
- Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by Simple Campers or any of our service providers or any other third party (including another user) to protect the Services
- Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Services to send altered, deceptive, or false source- identifying information
- Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services
Other legal matters
Violations; Termination of Access.
Simple Campers has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of the Agreement to the fullest extent permissible by the law.
Simple Campers reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that Simple Campers, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services or our community. If we believe you are abusing Simple Campers, our users, or any other person in any way or violating the letter or spirit of any of these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your access to the Services, remove your content, deny a damage claim, remove or demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Services. Additionally, we reserve the right to refuse or terminate access to the Services to anyone for any reason at our discretion to the full extent permitted under applicable law.
When an issue arises, we may consider the user’s performance history and the specific circumstances in applying our Policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole and absolute discretion.
Communications with you.
In order to contact you more efficiently, you agree that we may at times contact you using autodialed or prerecorded message calls or text messages at your phone number(s). We may place such calls or texts primarily to confirm your signup, provide notices regarding your use of the Services, investigate or prevent fraud, collect a debt owed to us, or communicate urgent messages. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests. We may share your phone number(s) and email with our affiliates for conducting their business or servicing us or you, including marketing and advertising. We will not share your phone number(s) with unaffiliated third parties for their own purposes without your consent. Standard telephone minute and text and data charges may apply. Where Simple Campers is required to obtain your consent for such communications, you may choose to revoke your consent.
You authorize Simple Campers and its service providers, without further notice or warning and in our discretion, to monitor or record telephone conversations you or anyone acting on your behalf has with Simple Campers or its agents for quality control and training purposes. You acknowledge and understand that your communications with Simple Campers may be overheard, monitored, or recorded without further notice or warning. If you do not wish to have your call recorded, please contact us instead in writing through Simple Campers support. Further, you expressly agree and authorize Simple Campers to share recorded telephone conversations and related information with its insurance service providers for the purposes of claims review and adjudication.
The Parties agree that they will not take any action that will harm the reputation of the other Party, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the other Party.
Insurance excess offerings and protection plans.
The optional insurance and protection plans (which we sometimes refer to as “bundles”) may be made available and required by certain of our third party partners, however, in any case, the personal insurance of the person driving or otherwise operating the vehicle (to include towing or stationary use) is the primary insurance for the rented vehicle. Simple Campers is not an insurance company and does not insure renters, nor does it sell insurance
Pre-Trip Inspection; 48-hour Notice Claim Reporting Requirement
When accepting the rental, the renter must complete a thorough, comprehensive walk-through report of the rental, noting in writing any and all existing defects or damage to the vehicle prior to renter’s acceptance of the vehicle.
A renter must file a notice claim to report any losses to Simple Campers within 48 hours of the end of the booking period or return of the vehicle (whichever occurs first). After coverage determinations on the renter’s primary insurance are completed, Simple Campers may deny application of its excess offering coverages if Simple Campers does not have a notice claim on file from the renter that was filed within the 48 hour period. Simple Campers is not responsible for personal property left in the rental. All defects and/or damage to the rental noted in the return inspection which are not noted on the Vehicle Departure Checklist completed shall be the sole responsibility of the renter, and the renter shall reimburse the Simple Campers for the cost of the repair. To the extent that the security deposit is insufficient to cover the costs and damages, the renter is responsible.
In making its excess coverage determinations, Simple Campers will ensure that, among other requirements set forth in these Terms:
- A notice claim was filed within 48 hours from the end of the booking period or return of the vehicle (whichever occurs first)
- Pre-trip photos taken with 48 hours of vehicle departure
- Post-trip photos taken within 48 hours of vehicle return
- Keys must have been given to a Verified Driver
The laws of some states require us to furnish you with the following notices:
WARNING – Any person who knowingly:
- Alaska: and with intent to injure, defraud, or deceive an insurance company files a claim containing false, incomplete, or misleading information may be prosecuted under state law.
- 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.)
- Delaware: and with intent to injure, defraud or deceive an insurer, files a statement of claim containing any false, incomplete or misleading information is guilty of a felony.
- Florida: and with intent to injure, defraud, or deceive any insurance company files a statement of claim containing false, incomplete, or misleading information is guilty of a felony of the third degree.
- Idaho and Indiana: and with intent to defraud or deceive any insurance company, files a statement of claim containing any false, incomplete, or misleading information (for Idaho) is guilty of and (for Indiana) commits a felony.
- Kentucky, New York and Pennsylvania: and with intent to defraud any insurance company or other person files an application for insurance, or files a statement of claim, containing any materially false information or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime, specific to PA: subjects such person to criminal and civil penalties and specific to NY: shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation.
- New Jersey: files a statement of claim containing any false or misleading information is subject to criminal and civil penalties.
- Ohio: with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud.
- Oklahoma: and with intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony.
- Colorado: It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies.
- District of Columbia, Tennessee and Virginia: It Is a crime to knowingly provide false, incomplete or misleading information to an insurer or insurance company for the purpose of defrauding the insurer or insurance company, (or specific to DC: any other person.) Penalties include imprisonment and/or fines. In addition, an insurer may deny insurance benefits if false information materially related to a claim was provided by the applicant.
- Hawaii: Presenting a fraudulent claim for payment of a loss or benefit is a crime punishable by fines or imprisonment, or both.
- Maine: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines or a denial of insurance benefits.
- Minnesota: A person who files a claim with intent to defraud or helps commit a fraud against an insurer is guilty of a crime.
- New Hampshire: Any person who, with a purpose to injure, defraud or deceive any insurance company, files a statement of claim containing any false, incomplete or misleading information is subject to prosecution and punishment for insurance fraud, as provided in RSA 638.20.
Please refer to the additional terms for renters section below for additional information based on the nature of your use of the Services.
In certain events a Vehicle you reserve (a “Reserved Vehicle”) may become unavailable for various reasons. In the event the same occurs, Simple Campers reserves the right to replace the Reserved Vehicle with a reasonably equivalent Vehicle equipped with reasonably equivalent features.
Additional Terms for Renters
The following sections also apply if you book a vehicle using the Services:
The renter who booked the vehicle bears the responsibility for all activity related to the vehicle rental. You will not allow anyone other than a person listed in the trip details as a Verified Driver to drive, operate, or otherwise cause the vehicle to move (“use”) the vehicle you booked. Your insurance is primary as to all claims and liability related to the vehicle rental. As the renter, you commit that you will be responsible for all Verified Drivers, guests into the vehicle, and other third parties affected by such parties. You agree that you and all Verified Drivers will be legally licensed for the vehicle you rent and operate, and provide proof to Simple Campers via the Services of a current, valid driver’s license at the Key Exchange. You will treat the vehicle and any applicable Add-ons well and will take all reasonable measures to return the vehicle and any applicable Add-ons on time and in essentially the same condition as received.
You agree to pay Simple Campers for any confirmed bookings in accordance with these Terms by one of the methods described on the Services, including credit card or other payment method authorized by Simple Campers. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking directly by Simple Campers. You also authorize Simple Campers to charge the renter’s credit card in the event of damage caused on vehicle as described in these Terms, if applicable.
Simple Campers, or our third party partners, may include a security deposit and by using the Services renter’s authorize Simple Campers or such third party partner to charge the credit card associated with the renter’s account for the security deposit. Security deposits are for damages to the vehicle and are not intended to cover other fees such as late fees, over-mileage fees, cleaning fees, dumping fees, etc., which may be collected separately by Simple Campers.
Renter financial responsibility for physical damage to the vehicle
The renter is financially responsible for all physical damage to or theft of a booked vehicle that occurs during a trip, plus any additional costs and fees resulting from damage of any kind to the vehicle, regardless of who is found to be at fault. This includes damage due to weather and other acts of God. This responsibility applies whether the renter has their own vehicle insurance or not. All defects and/or damage to the rental noted in the return inspection which are not noted on the completed Vehicle Departure Checklist shall be the sole responsibility of the renter, and the renter shall reimburse Simple Campers for the cost of the repair. To the extent that the security deposit is insufficient to cover the costs and damages, the renter is responsible. The renter is responsible for their own acts and omissions and are also responsible for the acts and omissions of any individuals they invite to, or otherwise provide access to the vehicle. Unless specifically covered in the applicable excess insurance coverage, the renter is responsible for all other fees and expenses in whatever form, including but not limited to damage to the rental, missing equipment, down time, and the Simple Camper’s administrative expenses connected with loss irrespective of the cause of damage or loss or the negligence or lack thereof of the renter. The renter is responsible for loss due to theft of the rental. The renter is responsible for all damages due to vandalism of the rental. A police report must be filed for any damages suspected of resulting from criminal activity.
After the renter is notified of a claim and given 48 hours to respond, Simple Campers will charge for payment against the credit card on file. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any vehicle damage to Simple Campers. You agree that unless you have purchased or have been qualified for excess insurance through Simple Campers that you will be liable any damages that you cause to a vehicle or to any person.
Primary renters must be insured against damage to the booked vehicle under their own automobile policies. When you book a vehicle on Simple Campers, you agree that if any damage occurs to the booked vehicle during the booked trip, you will work with Simple Campers to make a claim for coverage under any policy of insurance that applies to the loss.
Auto liability insurance
A renter’s own personal auto policy will be primary over the Simple Campers excess protection plans depending on various factors such as applicable laws, where the renter books the vehicle, and/or where the accident or damages occur. Terms and exclusions apply.
All protection plans offered on the Services include excess coverage. The policy(s) is issued to Simple Campers by carriers selected by Simple Campers from time to time and does not provide a defense or indemnification for any claim asserted by Simple Campers.
Use of the Vehicle and Safety
In the event Simple Campers has any concern about your use of a vehicle, Simple Campers may terminate your rental in its discretion at any time and require the return of the vehicle. The prohibited uses list in these Terms is not meant to be exhaustive. If you have any concerns about your planned use, please contact the Simple Campers support team. If you misuse a vehicle, you will be fully financially responsible for any related claims, loss, or damage, and your protection plan and/or insurance may be voided. Renters also acknowledge that using a vehicle in a prohibited manner or otherwise breaching these Terms may lower available liability coverage to legal minimum limits, or nullify coverage, and may furthermore nullify any comprehensive or collision protection and/or protection plan where allowed by applicable law.
When you book a vehicle on the Services, the renter must ensure that only Verified Drivers operate the vehicle, and must use the vehicle only for personal use and not for any commercial purposes. You may not access a vehicle until the trip start time and you must return the vehicle on time and to the correct location. You must present Simple Campers with a current, valid driver’s license (including properly licensed for the class of vehicle, vehicle or towing length, or towing weight, and meets any other restrictions or qualifications that may be required (e.g. CDL or other special licensure requirements). You must exercise reasonable care in your use of the vehicle. You are required at all times to operate the vehicle safely, and in compliance with all applicable laws, including without limitation, speed limits and prohibitions on impaired or distracted driving. Renter acknowledges that the qualifications of any driver of the vehicle are solely at the determination, discretion, and risk of the renter and that other than the limited process to verify drivers described in these Terms, Simple Campers does not and will not evaluate the skill and expertise of any such Verified Driver.
You are required to wear seat belts during the operation of the vehicle and to require that all of your passengers wear seat belts. You are also required to meet any laws or regulations concerning child safety seats and other protections for children. You must not leave the car unlocked or with the keys unsecure (such as in the ignition). You must not engage in any prohibited uses with any vehicle you book through the Services.
Renters acknowledge that the vehicles may be very large and handle differently from passenger cars and other vehicles. The vehicle requires more skill and expertise to operate safely than a car rental. The vehicle 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 vehicles and obstacles on the roadway. Due to size and handling characteristics, the vehicle shall never be operated at speeds in excess of 55 miles per hour regardless of the posted speed limit.
The renter acknowledges that Simple Campers has no control over the number of passengers a renter may allow into the vehicle or the conduct of those occupants while the vehicle is being operated. Therefore, the renter acknowledges that the renter, and not Simple Campers, is solely responsible for the passengers on board the vehicle as well as the conduct of those passengers. The renter agrees that, prior to inviting passengers or other guests into the vehicle, they will inform all passengers or other guests that the renter is solely responsible for such passenger’s or guest’s safety and that Simple Campers disclaims any and all such responsibility.
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 Simple Campers provides a driver for the rental, the renter remains responsible for all damage to the rental, missing equipment, down time, and Simple Campers’ administrative expenses connected with damage regardless of whether or not the renter provided driver is at fault. Any violation of these terms will result in loss of excess insurance or other protection coverage(s).
Under no circumstance shall (and the occurrence of such shall constitute a material breach of these Terms):
- the vehicle be driven outside the United States and Canada, including a strict prohibition against taking any vehicle into Mexico.
- the vehicle be taken to a festival that is unauthorized by Simple Campers, which includes “Burning Man” hosted by the Burning Man Project in the vicinity of Black Rock Desert, Nevada.
- the awning be unrolled or used without Simple Camper approval
- towing or pushing anything using the vehicle
- use of the vehicle (i) by anyone who is not an Authorized Driver; (ii) by anyone under the influence of drugs or alcohol; (iii) by anyone who obtained the vehicle or extended the rental period by giving us false, fraudulent or misleading information; (iv) in furtherance of an illegal purpose or under circumstance that would constitute a violation of law other than a minor traffic citation; (v) for business use purposes; (vi) to carry dangerous or hazardous items or illegal materiel; (vii) when loaded beyond the manufacturer’s suggested tow rating for the vehicle; (viii) when driven through or under an underpass or other structure without sufficient overhead or side clearance; (ix) when it is reasonable to expect you to know that further operation would damage the vehicle; (x) in a manner that causes damage to the vehicle due to inadequately secured cargo; (xi) when your vehicle has insufficient towing capacity as determined by the manufacturer of your vehicle and as listed on the your vehicle’s door jamb sticker; or (xii) by anyone who is sending or receiving an electronic message, including text (SMS) messages or emails, while operating or the towing vehicle
- failing to properly load materials and distribute the weight of those materials to allow safe operation of the vehicle
- failing to properly secure the vehicle to the towing vehicle if applicable
- failing to summon the police to an accident involving the vehicle
- damaging the vehicle by your intentional, wanton, willful or reckless conduct
- transporting an animal (other than a service animal) in the vehicle without the consent of Simple Campers
- sitting, standing or lying on the roof or exterior of the vehicle
- transporting passengers in or on the vehicle while the vehicle is being towed
- placing signs or lettering on the outside of the vehicle
- placing loudspeakers or other sound equipment on the exterior of the vehicle
- failing to use the vehicle in compliance with all instructions and warnings provided by Simple Campers
- using or placing the wrong fuel type or octane into the vehicle (e.g. putting gas into a diesel vehicle or diesel into a gas vehicle)
- smoking in the vehicle without Simple Campers’ consent
Condition of the vehicle and optional Add-ons
You understand that third parties own the vehicles and Add-ons offered through the Services. Each owner is responsible for complying with all legal requirements (including ensuring the vehicle is registered and insured). You agree to complete a visual inspection before you begin your use of the vehicle. If you find damage in your initial inspection, you should take and send photographs to us at firstname.lastname@example.org of such pre-existing damage at the start of your reservation as described here to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, Simple Campers, third-party administrators, or insurance partners may assume that the damage occurred during your rental period. If, after your initial inspection, you believe that the vehicle is not safe to drive, please do not use the vehicle; instead, please contact the Simple Campers team immediately via the Services.
No responsibility for vehicles or optional Add-ons
You acknowledge that Simple Campers is not responsible and shall not be liable for the safety, roadworthiness, or legal status (e.g., whether the vehicle is legally registered or the subject of a stolen vehicle report) of any vehicles shared via the Services beyond our basic policies that require owners to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, not subject to a missing or stolen vehicle report, not subject to any applicable safety recalls, and otherwise satisfy our eligibility requirements. Further, in no event is Simple Campers responsible whatsoever for the safety or condition or state of operation of any owner-included Add-on, and the owner is solely and completely responsible for such Add-ons.
Where you elected for a bundle or protection plan when booking a vehicle via the Services, you must immediately (an in any case, within 48 hours) report any damage to the vehicle you are using to Simple Campers via the Services. If there has been a collision or damage as a result of suspected criminal conduct, you must also make a report to the police. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide Simple Campers or third-party claims administrators with a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by Simple Campers, third- party claims administrators, or insurers. After an incident, you may not continue to use the vehicle unless you have the explicit permission of a Simple Campers staff member. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate any protection plan received via the Services.
The following conduct may result in the reporting of the vehicle you have booked as stolen to law enforcement, possibly subjecting you and any other driver or occupant to arrest, civil and/or criminal penalties, and the voiding of your bundle or protection plan:
- If you fail to return the vehicle you booked at the time and place agreed upon with Simple Campers and/or designated in your reservation
- If you do not return the vehicle by the end of the reservation period and you have not properly obtained an extension of the reservation through the Services
- If the vehicle is returned to any place other than the return location on the reservation or agreed upon with Simple Campers. Any damage to, or loss or theft of, a vehicle occurring prior to Simple Campers inspecting the vehicle upon return at the end of the reservation is the renter’s responsibility
- If you misrepresent facts to Simple Campers pertaining to booking, use, or operation of vehicle
- If the vehicle’s interior components are stolen or damaged or the vehicle itself is stolen or damaged when the vehicle is left unlocked or running or unattended with the keys not secured during reservation period
- If you fail or refuse to communicate in good faith with the Simple Campers, the police or other authorities with a full report of any accident or vandalism involving the vehicle or otherwise fail to cooperate in the investigation of any accident or vandalism
- If the vehicle is operated by anyone who has given a fictitious name, false address, or a false or invalid driver’s license, whose driver’s license becomes invalid during the reservation period, who has obtained the keys without permission of Simple Campers, or who misrepresents or withholds facts to/from Simple Campers material to the booking, use, or operation of vehicle
- The renter who books the reservation is responsible for any private investigation costs Simple Campers deems necessary to recover a vehicle that is not returned. In addition, a $500 case administration fee will be imposed on the renter if Simple Campers and/or the owner has to report a vehicle as stolen to law enforcement due to it not being returned.
Simple Campers, or a hired agent of Simple Campers, or the owner may repossess any vehicle booked through the Services without demand, at the renter’s expense, if the vehicle is not returned by the end of the reservation, is found illegally parked, apparently abandoned, or used in violation of applicable law or these Terms.
If a vehicle you have booked through the Services goes missing and/or is stolen during the reservation period (or an extension period), you must immediately return the original ignition key to Simple Campers, file a police report immediately after discovering the vehicle is missing or stolen, but in no event more than 24 hours after discovering it has gone missing, and cooperate fully with Simple Campers, the owner, law enforcement, and other authorities in all matters related to the investigation.
Dispute resolution for renters residing in the United States
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS A MANDATORY ARBITRATION PROVISION AND THEREFORE AFFECTS YOUR RIGHTS AND GOVERNS HOW CLAIMS YOU AND SIMPLE CAMPERS HAVE AGAINST EACH OTHER ARE RESOLVED.
Subject to applicable law, the Parties agree that any disputes or claims between us relating in any way to, or arising out of, this or previous versions of these Terms, your use of or access to the Services, or any breach, enforcement, or termination of the Agreement will be resolved in accordance with the provisions set forth in this Dispute resolution for renters residing in the United States section.
Pre-arbitration dispute resolution
Should a dispute or claim arise between us, you and Simple Campers agree to notify the other Party of the nature of the dispute or claim prior to initiating arbitration, and the Parties will attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact us by email at legal@simpleCampers.com. Please provide your name, phone number, email, mailing address, and briefly describe both the nature of your dispute and the relief you would like from Simple Campers. If the Parties are unable to resolve the claims described in the notice within 30 days after the notice is sent, then the Party desiring to pursue arbitration agrees to notify the other Party via email of such desire and intent to initiate an arbitration. In order to initiate arbitration, a claim must be filed with either FairClaims (provided that FairClaims may require that a non-Simple Campers party wishing to initiate the arbitration process do so via Simple Campers) or the American Arbitration Association (“AAA”) as set forth below, pursuant to the FairClaims Rules or AAA’s Consumer Arbitration Rules, as appropriate. A form for initiating arbitration proceedings is available on the FairClaims website or AAA’s website. (AAA provides a Demand for Arbitration form.) Any settlement offer made by you or Simple Campers shall not be disclosed to the arbitrator.
The below Agreement to Arbitrate evidences a transaction involving interstate commerce and is therefore governed by the Federal Arbitration Act and the applicable procedural rules of FairClaims or AAA, as applicable (see “Arbitration procedures” below). To the extent state law is applicable to the Agreement to Arbitrate, the Parties agree that the substantive law of the state of California will apply, without regard to its conflict of law provisions.
Agreement to Arbitrate
The Parties each agree that any and all disputes, claims, or controversies that have arisen or may arise at any time between you and Simple Campers (including its respective subsidiaries, employees, officers, directors, agents, third-party insurance brokers or products, and third-party claims administrators) will be resolved by binding arbitration according to the procedure set forth below. For the purpose of this Agreement to Arbitrate, “disputes,” “claims,” and “controversies” shall have the broadest possible meaning that will be enforced and includes, any and all disputes and/or claims that arise out of or in any way relate to your relationship with Simple Campers, including but not limited to: (1) your use of the Services, (2) the Agreement, these Terms and/or this Agreement to Arbitrate, including the interpretation, validity, enforceability, or scope of this Agreement to Arbitrate, or (3) your use of, or access to the Services, and anything sold, offered, or purchased through the Services (such as booking, listing, or sharing a vehicle). Through this Agreement to Arbitrate, and subject to the below exceptions, the Parties intend to arbitrate all disputes or claims regardless of whether they are based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory and regardless of whether they arose or accrued before the Parties entered into this Agreement to Arbitrate. For avoidance of doubt, the Parties expressly agree that this Agreement to Arbitrate encompasses all disputes or claims pertaining to the validity, enforceability, or scope of this Agreement to Arbitrate and any such disputes or claims will be referred to binding arbitration and will be resolved by the arbitrator and not a court.
Exceptions to Agreement to Arbitrate
The only exceptions to this Agreement to Arbitrate are as follows:
- Disputes or claims that can be brought in small claims court
- Injunctive or equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of a Party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. However, the Parties agree that any court proceedings shall be stayed pending the final resolution in arbitration of any arbitrable claims or issues
- Any cause of action or claim for relief which cannot be arbitrated as a matter of applicable statute or public policy. However, the Parties agree that any such court proceedings shall be stayed pending the final resolution in arbitration of any arbitrable claims or issues
- In the event California law is found to apply to this Agreement to Arbitrate, any remedy of public injunctive relief (i.e., injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public). However, the Parties agree that any such court proceedings shall be stayed pending the final resolution in arbitration of arbitrable claims, causes of action, or issues
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.
The arbitration will be conducted by FairClaims in accordance with its Arbitration Rules and Procedures effective at the time a claim is made. Where the relief sought is $100,000 or less (not including attorneys’ fees and expenses), those Arbitration Rules and Procedures may limit the proceeding to a written submission and, if requested or at the arbitrator’s discretion, there may be a live hearing by teleconference or videoconference. Where the relief sought is $100,001 or more (not including attorneys’ fees and expenses), those Arbitration Rules and Procedures may provide for limited discovery and streamlined proceedings. In the event FairClaims declines to or is unable to adjudicate the claim, the arbitration will be conducted by the AAA under its Commercial Arbitration Rules, as modified by this Agreement to Arbitrate.
In all cases in which a live hearing is requested or required, you and/or Simple Campers may attend by video or phone. To the extent a location must be established for the arbitration, it shall be held in the county in which you reside or at another mutually agreed location.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same Simple Campers user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Where permitted, the Parties agree that all communications, evidence, and rulings in the arbitration will remain confidential, except as reasonably necessary to enforce or implement such rulings or this Agreement to Arbitrate.
Costs of arbitration.
If you initiate arbitration proceedings, you will be responsible for certain costs. Where the relief sought is $100,000 or less (not including attorneys’ fees and expenses), you will be responsible for the initial
filing fee, capped at $375, and Simple Campers will cover any additional fees or costs. Where the relief sought is $100,001 or more (not including attorneys’ fees and expenses), you and Simple Campers will each pay your own arbitration fees consistent with the rules set by FairClaims (or AAA, as applicable) at the time the claim was made, unless otherwise stated in these Terms.
With the exception of the provisions in the below section “Prohibition of class and representative actions and non-individualized relief,” if an arbitrator or court decides that any part of the Agreement to Arbitrate is invalid or unenforceable, the other parts of the Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in the section “Prohibition of class and representative actions and non-individualized relief” is invalid or unenforceable, then the entirety of the Agreement to Arbitrate shall be null and void. The remainder of the Agreement, these Terms, and dispute resolution section will continue to apply.
Right to opt-out of arbitration; procedure
IF YOU ARE A NEW SIMPLE CAMPERS USER, YOU CAN CHOOSE TO OPT-OUT OF THE AGREEMENT TO ARBITRATE BY EMAILING US AN OPT-OUT NOTICE TO ARBITRATIONOPTOUT@SIMPLE CAMPERS.COM (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE RECEIVED WITHIN 30 DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME OR THE COMMENCEMENT OF YOUR FIRST TRIP ON SIMPLE CAMPERS AS A RENTER, WHICHEVER DATE IS EARLIEST. In order to opt-out, you must email your full name, address (including street address, city, state, and zip/postal code), and email address(es) to email@example.com. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other provisions of the Agreement will continue to apply to you, including the below forum selection clause specifying.
Future amendments to the Agreement to Arbitrate
Notwithstanding any provision in these Terms to the contrary, the Parties agree that if Simple Campers makes any amendment to the Agreement to Arbitrate in the future, that amendment shall not apply to any claim that you filed against Simple Campers prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between the Parties. If you do not agree to the amended terms, you may close your account within 30 days of our posting or notification and you will not be bound by the amended terms; provided that the Parties will arbitrate any dispute in accordance with the provisions of the Agreement to Arbitrate as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms). Once you have submitted a valid Opt-Out Notice to Simple Campers, you do NOT need to submit another one when these Terms are subsequently updated. Your first Opt-Out Notice will serve as a valid as to future versions of these Terms.
Judicial forum for legal disputes not subject to arbitration
Unless the Parties agree otherwise, in the event that the Agreement to Arbitrate is found not to apply to you or to a particular claim or dispute, whether (1) as a result of your decision to opt out of the Agreement to Arbitrate, (2) as a result of a decision by the arbitrator or a court order, or (3) if one of the above exceptions to the Agreement to Arbitrate applies, you agree that any claim or dispute that has arisen or may arise between the Parties will be resolved exclusively by a state, federal, or small claims court located in Marin County, California. The Parties agree to submit to the personal jurisdiction of a state court located in Marin County, California, or a United States District Court for the District of California located in Marin County, California. The Parties agree that the substantive law of the state of California will apply to any such claim or dispute without regard to conflict of law provisions.
Prohibition of class and representative actions and non-individualized relief
THE PARTIES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, WHETHER IN COURT OR ARBITRATION. UNLESS THE PARTIES AGREE OTHERWISE, THE COURT OR ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE COURT OR ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS, SUBJECT TO THE ABOVE EXCEPTION ALLOWING PUBLIC INJUNCTIVE RELIEF TO BE SOUGHT IN COURT BUT ONLY IF THAT EXCEPTION IS FOUND TO APPLY.
Dispute resolution for renters residing in Canada
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS THE PARTIES HAVE AGAINST EACH OTHER ARE RESOLVED
Resolution of disputes.
If a dispute arises between the Parties and you are a resident of Canada, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. We strongly encourage you to first contact us. We will consider reasonable requests to resolve the dispute through more informal means. If we are unable to resolve the dispute in such manner, the Parties agree that we will resolve any claim or controversy at law or equity that arises out of the Agreement or the Services in accordance with the “arbitration option” described below or as the Parties otherwise agree in writing.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than CAD$15,000, the Party requesting relief may seek to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event that a Party elects for arbitration and the other Party agrees to such arbitration, such arbitration shall be initiated through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the Parties. The ADR provider and the Parties must comply with the following rules: (1) the arbitration shall be conducted by phone, videoconference, and/or be solely based on written submissions, the specific manner shall be chosen by the Party initiating the arbitration, (2) the arbitration shall not involve any personal appearance by the Parties or witnesses unless otherwise mutually agreed by the Parties, and
(3) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Law and forum for disputes
The laws of the Province of Ontario and the applicable federal laws of Canada shall govern the Agreement and any dispute or claim you have against Simple Campers in all respects unless you are a resident of Quebec. All residents of Canada, other than residents of Quebec, agree that any claim or dispute youmay have against Simple Campers must be resolved by a court located in Toronto, Ontario, except as otherwise agreed by the Parties or as described in the “arbitration option” paragraph above. You agree to submit to the personal jurisdiction of the courts located within the Province of Ontario for the purpose of litigating all such claims or disputes unless you are a resident of Quebec.
Dispute resolution for renters residing outside the United States or Canada PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS THE PARTIES HAVE AGAINST EACH OTHER ARE RESOLVED. Regardless of
where you reside, if you bring an action against Simple Campers in the United States, the section above entitled “Dispute resolution for owners residing in the United States” will govern that dispute.
Resolution of disputes
If a dispute arises between the Parties, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. We encourage you to contact us directly to seek a resolution via the Services or at hello@SimpleCampers.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. For resolving disputes related to trips originating in the United Kingdom, you can learn more here.
Governing law and forum for disputes
The laws of the United States shall govern the Agreement and any dispute or claim you have against Simple Campers in all respects if you reside anywhere other than the United States or Canada. You and Simple Campers both agree to submit to the non-exclusive jurisdiction of the United States courts.
You may discontinue your use of the Services at any time and Simple Campers may terminate your access to the Services and remove any listings for any reason or no reason to the extent permissible under applicable law. Termination of access to the Services will not release a Party from any obligations it incurred prior to the termination and Simple Campers may retain and continue to use any information, including but not limited to photography, previously provided by you. Termination of the Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under the Agreement and/or any fees due, and all of those terms will survive any termination of the Agreement.
No vehicle transfer or assignment
Except as otherwise provided herein, renters agree that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in a vehicle or optional Extras shared through the Services.
EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, SIMPLE CAMPERS DOES NOT ITSELF PROVIDE INSURANCE SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES, THE OWNERS, MANUFACTURER OF THE VEHICLE OR ANY OPTIONAL EXTRAS, OR ANY THIRD PARTY PROVIDER OF SERVICES (E.G. IN-VEHICLE GPS OR OTHER SYSTEMS). THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, SIMPLE CAMPERS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON- INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Simple Campers makes no warranty that the Services, including, but not limited to, any vehicle or optional Add-on, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Simple Campers makes no warranty regarding the vehicles, owners, renters, Add-ons, the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services. No advice or information, whether oral or written, obtained from Simple Campers or its service providers or through the Services or content, will create any warranty not expressly made herein.
Limitation of liability and waiver
YOU WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST THE OWNER, SIMPLE CAMPERS OR EITHER OF THEIR SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS (INCLUDING THIRD-PARTY ADMINISTRATORS, INSURANCE PRODUCERS, AND INSURANCE PROVIDERS), OR EMPLOYEES (TOGETHER, THE “SIMPLE CAMPERS PARTIES”) FOR ANY DAMAGES OR LOSSES, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING: (1) VEHICLE AVAILABILITY (E.G., A VEHICLE NOT BEING AVAILABLE OR RETURNED WHEN IT WAS SUPPOSED TO BE), (2) PROBLEMS WITH A VEHICLE (E.G., ANY MALFUNCTION OF OR DEFICIENCY WITH A VEHICLE), (3) VEHICLE WARRANTY ISSUES (E.G., ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY ASSOCIATED WITH THE VEHICLE), OR (4) ANY ACTION OR INACTION OF AN OWNER OR RENTER.
YOU AGREE THAT NEITHER THE OWNER, SIMPLE CAMPERS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR CONNECTION WITH THE FOLLOWING: (1) THE AGREEMENT, (2) THE SERVICES (INCLUDING BOOKING OF ANY VEHICLE OR OPTIONAL EXTRA VIA THE SERVICES), OR (3) INABILITY TO USE THE SERVICES.
Except for our obligations to pay amounts to applicable renters pursuant to these Terms, including an approved payment request or claim under a protection plan or applicable insurance policy, in no event will the Simple Campers Parties’ aggregate liability arising out of or in connection with the Agreement or your use of the Services, exceed the greater of (1) the amounts you have paid or owe for bookings via the Services as a renter in the twelve month period prior to the event giving rise to the liability, or (2) US$100.
YOU WAIVE CALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR LAW, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE ABOVE LIMITATIONS OF LIABILITY AND WAIVER PROVISIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SIMPLE CAMPERS AND YOU. THEY SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND ANY ASPECTS OF THEM THAT ARE DEEMED VOID OR UNENFORCEABLE SHALL BE SEVERED WHILE LEAVING THE REMAINDER IN EFFECT.
You agree to release, defend, indemnify, and hold Simple Campers and its subsidiaries, 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: (1) your access to or use of the Services, (2) your violation of these Terms, (3) your user content ,or (4) your interaction with any other user of the Services. Such indemnification includes but is not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) arising in connection with oras a result of a booking, sharing, or use of a vehicle or optional Add-on. This indemnification provision is a fundamental element of the basis of the bargain between Simple Campers and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.
You acknowledge that the actual damages likely to result from your breaches of the Agreement by any of the following are difficult to estimate accurately and would be difficult for Simple Campers to prove with certainty: (1) engaging in gray market transactions, as defined in these Terms, (2) using the Simple Campers domains, trademarks, or taglines without Simple Campers’ express consent, including without limitation registering website domains or social media handles, or bidding on online advertising key words, or (3) suing or asserting legal claims against the Simple Campers Parties in any manner prohibited or waived herein. You will pay Simple Campers $5,500 per breach in Liquidated Damages to compensate Simple Campers for any such conduct. This amount is not intended as a punishment for any such breach, but rather as a reasonable estimate where actual damages are difficult estimate accurately and/or prove with certainty. This liquidated damages provision is a fundamental element of the basis of the bargain between Simple Campers and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.
Simple Campers may, in its sole discretion, round up or down amounts that are payable from or to renters to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro, pound, or other supported currency) unless explicitly prohibited under applicable law.
If you have any questions about these Terms, please contact Simple Campers Support at firstname.lastname@example.org.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Consumer Information Center of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 1-800- 952-5210.
Where Simple Campers has provided you with a translation of the English language version of these Terms or any Policies, in case of any wording discrepancies between the English and any other versions of the Terms and any Policies, the English language wording takes precedence.
Export Control and Restricted Countries
By using the Services, you represent and warrant that (i) neither you nor your vehicle is located in a country that is subject to a U.S. Government embargo, or that has been designated by the Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. Simple Campers does not permit Listings associated with certain countries due to U.S. embargo restrictions.
The parties agree that the substantive laws of the state of California apply to these Terms and the Agreement without regard to conflict of law provisions.
Severability and non-waiver
In the event any provision of these Terms is held to be void, voidable, or unenforceable, the remaining provisions shall remain in full force and effect. The failure of any Party to enforce any provision of these Terms shall not be construed to be a waiver of such provision, or any other provision, nor in any way to affect the validity of these Terms or any part of these Terms, or any right of any Party to enforce that provision or each and every other provision at any time. No waiver of any breach of these Terms shall constitute or be deemed a waiver of any other breach.
Simple Campers does not appoint you or any other user as its employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of Simple Campers and Simple Campers will not make commitments on your behalf, except as contemplated by the Services or expressly stated in these Terms.
The Agreement, including these Terms, states the entire understanding between you and Simple Campers concerning your access to and use of the Services and supersedes any earlier verbal or written communications between us. With the exception of appointing a custodian to manage your vehicles on your behalf, you may not delegate your legal obligations or transfer any of your rights, in whole or in part, to any third party without advance written consent of Simple Campers. You will remain responsible for your obligations hereunder in any event. A Simple Campers Director or Officer must agree to any modification or waiver of any term of the Agreement in writing. Headings are for reference purposes only and do not limit the scope or extent of such section.