Adventure Drives Terms and Conditions

Definitions

Agreement means the Rental Summary and terms and conditions as set out below agreed to between the Renter and Adventure Drives.

Guests means the Renter, any Secondary Driver(s) and any occupants or passengers of the RV at any time.
Itinerary means the route of travel, distance and overnight stays by the Guests during the Rental Term.
Optional Accessories means but is not limited to Bike Racks, Bikes, Kayaks, Generators, etc.
Renter means the primary party or parties entering into the Agreement with Adventure Drives.
Rental Term means the period of time the Renter takes possession of the RV until the RV is returned or recovered.
RV means a recreational vehicle rented to the Renter by Adventure Drives and identified in the Agreement, including, but not limited to, a motorhome; holiday trailer; truck and camper unit; and/or camper van as equipped and furnished by the manufacturer and Adventure Drives.
AD means Wings and Slicks. Operating as Adventure Drives.
Summary means the first page of the Agreement summarizing certain terms of the Agreement, including, such information, but not limited to: the identity of the Renter and the Guests, the Rental Term, the Itinerary and the rental price.
Security Deposit means the rental security deposit provided by the Renter to Adventure Drives as further security as to the Renter’s performance of the Agreement.
Secondary Driver(s) means any person, in addition to the Renter, that is accepted by Adventure Drives as a person permitted to operate the RV.

THE RENTER HEREBY ACKNOWLEDGES THAT BY MANUALLY SIGNING/INITIALING OR CLICKING THE “I ACCEPT” BUTTON ON THE SUMMARY AND ON EACH PAGE HEREIN BY ELECTRONIC SIGNATURE, THAT THE RENTER HAS READ AND UNDERSTOOD THE AGREEMENT AND HAS AGREED TO BOUND BY SAID AGREEMENT. THE RENTER AGREES THAT AN ELECTRONIC SIGNATURE IS OF THE SAME FORCE AND AFFECT AS A MANUAL SIGNATURE FOR THE PURPOSE OF BEING BY BOUND BY THE AGREEMENT.

Cancellations and Refunds

Full refund for cancellations made within 48 hours of the time of booking with the following exceptions:

$100 Admin fee for cancellations less than 14 days before departure
No refunds for cancellations made within 24 hours of departure.

The following rules apply 48 hours after the time of booking:

No refund for cancellations made within 14 days of departure
75% refund within 15 days to 30 days of departure
$100 admin fee if more than 30 days before departure

Deposits

A 25% deposit is required at the time of booking. Full payment is required 14 days prior to departure.
Security Deposit of $2,000.00 is required on all rentals
The Security Deposit is for additional security of the Renter’s performance of Agreement and does not represent a limit of liability or liquidated damages of any claim by AD. The Renter must provide AD a credit card from a major credit card company and agrees that AD may pre-authorize and/or reserve credit to the credit card. The Renter authorizes AD to charge any damages authorized by the Agreement to said credit.
Upon satisfactory inspection of the RV, AD shall return the Security Deposit within 7 business days. The return of the Security Deposit does not relieve the Renter from any term or condition of the Agreement or the right to charge damages to the Renter’s credit card.
If AD, in its sole discretion, believes that this Agreement has been breached, then AD may hold the Security Deposit until such time as the breach has been remedied or a final determination of the matter has been made.

The Renter does not have the right to assign this Agreement.

The Renter is responsible for purchasing trip cancellation or postponement insurance. No refunds, beyond the herein cancellation policy, for any public health emergency or orders, whether prior to departure or during the Rental Term.

Guests agree that the RV and Optional Accessories are in good physical and mechanical condition. The Renter is renting the RV and Optional Accessories in “as is” condition and the Renter has had an opportunity to inspect the RV and Optional Accessories prior to leaving the Check-in. AD excludes all warranties, both express and implied, with respect to the RV and optional accessories, including any implied warranty, merchantability or fitness for a particular use.

The Renter acknowledges that the RV and any Optional Accessories are, by ownership, beneficial ownership or lease, the property of AD, even if registered or titled to a third party. The Renter is not an agent of AD and does not have authority to bind AD.

Pick up and Drop off

Pickup between 13:00 and 16:00 on the day of departure
$100 surcharge outside of these hours (no later than 19:00) and must be agreed to in writing by AD and Renter.

Drop off 09:00 – 11:00 on the day of return.
Late returns after 11:00 will be charge an hourly rate of $75 per hour unless agreed to in writing by AD and Renter.

The Renter is not entitled to a refund or credit for unused portion of the term of the Agreement.

RV Return Condition

The RV and all accessories must be returned in like condition to the beginning of the Rental Term, reasonable wear and tear accepted. The Renter is responsible for any damage to the RV or optional accessories.
The Renter shall return the RV in a clean condition with black and grey sewage tanks empty. An additional fee of $150 will be charged for emptying the black and grey sewage tanks.
If applicable, the RV and generator shall be returned with a full tank of fuel. Fuel surcharge – $50 + cost of fuel.
If AD determines, in its sole discretion, that the RV requires additional cleaning, then the Renter shall be responsible for the cost of cleaning at $100 per hour.

Pets

Pets are allowed for an additional fee. If AD determines that a pet was not disclosed at the time of booking an additional surcharge $25 per rental night will be charged.
Service Animals: The Renter shall inform AD if a Guest intends to bring a service animal so that AD can make accommodations to provide an appropriate RV. No additional rental fee shall be charged for service animals; however, the Renter and the Guest shall be responsible for any damage caused by the service animal and/or additional cleaning required.

Smoking and other Odours

The Renter acknowledges that the RV is tobacco and cannabis smoke and vapour free. The Renter agrees that all Guests shall not smoke or vape within or near the RV.
Windows and doors are to remain closed near campfires.
Strong food odours shall not be permitted in the RV.

If AD, acting reasonably, detects odour damage, the Renter shall be subject to a $500.00 charge for cleaning of the odour.

Awnings

The Renter acknowledges and agrees that awnings can be easily damaged. The Renter shall retract the awning in windy conditions and ensure that the awning not be allowed to collect water during rain. The Renter shall ensure that the awning not rub on the RV or any surrounding trees or foliage. The Renter shall be responsible for any damage to the awning.

Drivers

The Renter shall not permit any person other than the Renter or a person identified as a Secondary Driver to operate the RV.
Any person operating the RV shall be the holder of a valid driver’s license that permits the operation of a motor vehicle in the Province of Ontario and any jurisdiction that the Renter and any Secondary Driver intend to operate the RV.
The RV shall not be operated by anyone who has given a false name, false address or false or invalid driver’s licence, whose driver’s licence becomes invalid during the Rental Term or who has obtained the RV’s keys without permission of AD.
Notwithstanding anything in this Agreement, no person under the age of 25 shall be permitted to operate the RV at any time.
The RV shall not be operated while under the influence of alcohol, cannabis, narcotics or intoxicant without prescription.

Insurance

The Renter must disclose their Itinerary. The Renter acknowledges that operating the RV outside of the intended rental Itinerary may result in insurance coverage being insufficient or non-applicable, which may expose the Renter and Guests to civil and/or criminal liability. The RV shall not be operated outside of Canada and the United States of America.
Except to the extent required by statutory requirements of the Province of Ontario AD makes no representation as to the adequacy of insurance coverage of the RV. AD does not provide insurance coverage or motor vehicle financial responsibility to the Renter or the Guests through the Agreement.
If liability or self-insurance is available to the Renter, then any such insurance is primary and AD does not extend its insurance or motor vehicle financial responsibility. Financial responsibility does not extend to liability imposed or assumed by anyone under any workers compensation act, plan or contract.
Personal Accident Benefits and Uninsured/Unidentified Motorist Protection: Except as required by law, AD does not provide personal injury benefits protection through the Agreement.
In the event of an accident or occurrence that may cause legal liability to be imposed on AD then the motor vehicle liability insurance available to the Renter or Guest is the primary coverage and must respond to the liability of AD. The Renter or Guest shall indemnify and hold harmless AD for any legal liability as imposed on AD.
The Guests shall take all reasonable measures to safeguard the RV against theft and The Renter shall immediately report any accident, collision, theft, damage or vandalism involving the RV or the Guests (the “Occurrence”) to both RVR and local law enforcement in the relevant jurisdiction no later than one business day following the Occurrence. FAILURE TO REPORT AN OCCURENCE MAY RESULT IN THE RENTER’S INSURANCE BEING VOID AND THE RENTER BEING FULLY RESPONSIBLE FOR ANY CIVIL LIABILITY. A $200.00 administration fee shall be chargeable to the Renter for any Occurrence, regardless of fault, said administration fee not to limit any other right of RVR pursuant to this Agreement.
Personal Property Insurance: The Renter acknowledges that AD is not responsible for any of the Guests’ personal property and recommends the Guests arrange for content’s insurance for the Rental Term.

RV Usage

During the term of this Agreement, the Renter shall possess and operate the RV in compliance with laws and regulations of the Province of Ontario or the jurisdiction of travel.
The Renter and Secondary Drivers shall operate the RV to the care and control of a like and prudent driver operating an RV in similar road and weather conditions as to the Itinerary.
The Renter shall ensure that all Guests are seated and have properly utilized a seat belt or restrictive device during operation of the RV. The RV shall not be used to transport more persons than there are seat belts provided by the manufacturer or to transport persons on the exterior of the RV.
The RV shall not be used for commercial purposes, including, but not limited to, transportation of passengers for fee, retail vending of goods, transportation of goods, food and beverage service, and room and board.
The RV shall not be loaded beyond its Gross Vehicle Weight Rating as provided by the manufacturer.
The RV shall not used for the participation in any competition, contest or race.
The RV shall not be used to tow or push anything unless by prior written consent of AD.
The RV shall not be operated when a check engine light is active or when an apparent malfunction of the RV is evident to a like and prudent person, said malfunction being, but not limited to: steam or smoke emitting from the engine compartment, flat or low tires, and low oil pressure warning.
The Renter shall not operate the RV on a dirt or gravel road with the exception of a maintained campground road. Specific exceptions may apply but shall be with the express written consent of AD and may be subject to further deposit or fees.
The Renter shall not permit the drain, release or disposal of any substance from the RV’s sewage disposal system except as permitted by local law.
If the RV has been delivered to a campground as part of the Itinerary, no Guest shall allow the RV to be moved by a person other than as authorized in writing by AD.
Where the RV comprises a truck and/or camper, holiday trailer or 5th wheel, that may be physically separated from each other, the provisions of this Agreement apply to each vehicle separately and to both vehicles taken together, as the situation may be. Truck and camper rentals may not be separated during the rental period and the Renter is responsible for all related costs due to damage caused by the unauthorized Vehicle separation.
The Renter and Guests will not commit any criminal activities and if the usage of the RV has or, in AD’s sole and unfettered determination, will in the future, participate in a criminal activity, this Agreement shall be immediately voidable save any term or condition regarding recovery of the RV or restitution for damages as a result of the criminal activity.

Maintenance

During the Rental Term, the Renter shall maintain the RV by ensuring oil, coolant, braking and steering fluids (“the “Fluids”), are maintained at recommended levels. Failure to maintain the RV shall result in the Renter being liable for the cost of repair.
Upon proof of cost, AD shall reimburse the Renter for costs of $100.00 or less, total, for maintaining the Fluids. Beyond day-to-day maintenance, the Renter shall not permit any repairs or additions to be made to the RV without AD’s written consent and shall not permit the RV to be subject to any Garage Keepers/Mechanics lien legislation.

Rental Interruption and Repairs

In the event the RV is inoperable and cannot move under its own power because of mechanical breakdown for a period longer than 48 consecutive hours and the breakdown does not result from any breach of this Agreement on the part of the Guests (a “Rental Interruption”), AD shall provide the Renter with a credit equal to the rental charge reasonably attributable to the period during which the Vehicle is inoperable.
AD shall not be liable for any other costs or damages suffered by the Guests as a result of mechanical Malfunctions in RV camping functions, such as, but not limited to: Optional Accessories, stereo/radio, TV/satellite, HVAC, slide-out, refrigerator, microwave, appliances, and cruise control do not constitute a Rental Interruption.

Damage to, Loss, Modification

Theft or Seizure of RV and Optional Accessories: to the extent restricted, modified or limited by Provincial law, the Renter accepts responsibility for the modification, damage, loss, theft or seizure of the RV and Optional Accessories regardless of fault or negligence. The Renter shall pay the amount necessary to repair or replace the Optional Accessories at their fair market value. If the RV is stolen or seized and not recovered, or is determined to be salvage by AD, then the Renter shall be responsible to pay AD the fair market value of the RV less sales proceeds, if any. The fair market value is the value of the RV immediately prior to the loss. The Renter is responsible for all towing, storage or incidental costs incurred by AD to recover the RV and to establish damages. The Renter agrees to other mandatory charges or imposed by Provinces, States, Countries or governmental authorities and to pay a sum for loss of use of 14 days at the rental rate on the Rental Summary, regardless of fleet utilization.

Tracking Device

RVs may be equipped with a GPS tracking device that that allows AD to monitor information about the use of the RV, including, but not limited to: the location, mileage, speed and trip history. The Guests consent to the disclosure of said information.
Any tampering of a GPS device will incur a $500.00 penalty plus costs for repairs or replacement of any devices.

Travel Itinerary and Restricted Areas

The Renter shall provide an Itinerary to AD on or before the commencement of the Rental Term. The RV may be equipped with a tracking device to ensure compliance with this Agreement. Significant deviation from the Itinerary without notice may result in the authorities being contacted.
The Renter shall not operate the RV on a dirt or gravel road with the exception of a maintained campground road.
RVs are not permitted to enter Mexico at any time or Death Valley, California.

Breach of Agreement

Credit Card: The Renter authorizes AD to charge any damages authorized by the Agreement to the credit card provided to AD by the Renter, if even damages exceed the pre-authorization limit and require multiple pre-authorizations.
Fines: The Guests are liable for all fines, including, but not limited to: speeding, parking and traffic violations; toll fees and travel levies; noise ordinance violations; sewage disposal violations; trespassing; garage keepers liens; or any other fines, levies or charges (collectively, the “Fines”) incurred in the course of the Itinerary and Rental Term and authorize AD to pay all Fines immediately from either the Security Deposit and/or the Renter’s credit card. Payment of a Fine from the Security Deposit shall not reduce the amount of the Security Deposit. Without limitation under any other provision of the Agreement, the Guests shall be solely liable for and shall indemnify and hold AD harmless from all fines, penalties and forfeitures arising from a breach by a Guest of any statute, law, ordinance, rule, regulation, or insurance policy provision that is applicable to the RV or to a Guest’s possession, use, driving, parking, storage, or transportation of the RV.
Return on Demand and Repossession: If AD, acting reasonably, believes that the Guests are in breach of any provision of this Agreement, then AD may demand return of the RV and the Renter shall return the RV as soon as practically possible and without delay. Notwithstanding the foregoing, if the term of the rental had been exceeded or if AD, acting reasonably, believes that there is imminent harm to the RV, the Guests or third parties or third-party property, without prior warning to the Renter or Guests, AD may repossess the RV by use of any lawful means, and immediately terminate the Rental Term. Notwithstanding the foregoing, the repossession of the RV shall not extinguish any other right of AD to damages pursuant to this Agreement, said rights being cumulative. The Renter shall fully indemnify RVR for the costs of repossession, including legal costs on a solicitor and his own client basis.
Liability, Legal Proceeds and Subordination of Claim
THE GUEST SHALL DEFEND, INDEMNIFY, PROTECT AND SAVE AD AND ITS PERSONNEL, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, DIVISIONS, SUCCESSORS AND ASSIGNS HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, THIRD-PARTY CLAIMS, DEMANDS, DAMAGES, COSTS, FEES AND EXPENSES, INCLUDING, WITHOUT-LIMITATION, LEGAL FEES ON A SOLICITOR AND HIS OWN CLIENT FULL INDEMNITY BASIS, on account of any actual or alleged loss, injury, death or damage arising out of this Agreement (a “Claim”).
A Guest shall give notice to AD and its insurer of every Claim received by a Guest.
The Guests shall permit AD or its insurers, agents, attorneys, and counsel to have the sole and exclusive conduct of Claim in the name and on behalf of the Guests.
Any Guest shall co-operate fully with AD and its insurers in taking all steps and in providing and obtaining all information and evidence that may be deemed necessary or desirable by RVR or its insurers for the conduct, settlement or abandonment of the Claim. The Guests shall make no predetermination of liability in regard to a Claim and agree to assist AD and its agents in investigating and defending a Claim, including testifying in a deposition, hearing, trial or like proceeding.
Subrogation: following payment of an insured claim for loss or damage, the insurer shall be subrogated to the extent of the amount of such claim and the rights and remedies of the insured against the party in respect of such loss or damage and shall be entitled at its own expense to sue in the name of the insured.

General Provisions

Jurisdiction and Venue: This Agreement is governed by the laws of Ontario and the Guests irrevocably submit to the jurisdiction of the courts of the Province of Ontario.
Time and Waiver: Time is of the essence. No failure by any party to insist upon the strict performance of any covenant, duty, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of any other covenant, duty, or condition.
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement and such invalid provision shall be deemed to be severable.
Gender and Number. words importing the singular include the plural and vice versa, and words importing one gender include the other gender and neuter
Clauses and Headings. The division of this Agreement into Clauses and the insertion of headings are for convenience of reference only and shall not affect the interpretation or construction of this
Survival. Those provisions of this Agreement which, by their terms, are intended to survive, or which must survive in order to give effect to continuing obligations of the parties to the Agreement, shall survive the termination of this agreement.
Legal Proceedings: the Renter shall give notice to AD and its insurer, if applicable, of every process, pleading, notice or paper of any kind received by the Renter or any Guest relating to any claim, suit or proceeding in connection with the RV (a “Claim”).
The Guests shall make no predetermination of liability in regard to a Claim and agree to assist AD and its agents in investigating and defending a Claim, including testifying in a deposition, hearing, trial or like proceeding.
Subrogation: following payment of an insured claim for loss or damage, the Guest shall be subrogated to the extent of the amount of such claim and the rights and remedies of the Guest against the party in respect of such loss or damage and shall be entitled, at its own expense, to sue in the name of the Guest. The Guest shall give the insurer such as assistance as is reasonably required to secure it rights and remedies, including providing such documents and agreements as is necessary to enable the insurer to sue in the name of the Guest.