TERMS OF USE AGREEMENT
Welcome to the Fairfax Off Grid Campers, LLC Terms of Use agreement. For purposes of this agreement, “Site” refers to the Company’s website, which can be accessed at www.fogcampers.com. “Service” refers to the Company’s services accessed via the Site, in which users can browse our products, view services offered, reserve a service, and contact us. The terms “we,” “us,” and “our'' refer to the Company. “You” refers to you, as a user of our Site or our Service. “Guest” as used in these Terms means you, who makes the booking for a Vehicle via the Services. “Vehicle” as used in these Terms broadly means any traditionally mobile item listed via the Services.
The following Terms of Use apply when you view or use the Service via our website located at www.fogcampers.com.
PRIVACY POLICY
The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy (found here: www.fogcampers.com/privacy-policy) which explains how we collect, use, and disclose information that pertains to user privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Use.
Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Service.
USE RESTRICTIONS
Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions:
You agree that you will not under any circumstances:
· access the Service for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Service,
· collect or harvest any personal data of any user of the Site or the Service
· use the Site or the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise;
· distribute any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
· use the Service for any unlawful purpose or for the promotion of illegal activities;
· attempt to, or harass, abuse or harm another person or group;
· use another user’s account without permission;
· intentionally allow another user to access your account;
· provide false or inaccurate information when registering an account;
· interfere or attempt to interfere with the proper functioning of the Service;
· make any automated use of the Site, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
· bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
· circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or
· publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.
We grant you permission to use and access the Service, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by unsubscribing directly from the email, sending an email to info@fogcampers.com, or mail to the following postal address:
Customer Support
2000 Sir Francis Drake Blvd. Fairfax, CA 94930
Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.
LINKS TO OTHER SITES AND/OR MATERIALS
Our Service uses Wheelbase (www.wheelbasepro.com) rental management software for all of our bookings. So, when Guests book a Vehicle through Fairfax Off Grid Campers, LLC or fogcampers.com, the transaction is processed by Outdoorsy as a third-party service provider to Fairfax Off Grid Campers, LLC. By using the Services, you expressly agree to Outdoorsy’s and Wheelbases’s terms of service (available at www.outdoorsy.co/help/article/terms-of-service/) (“Outdoorsy’s Terms”). Utilizing Outdoorsy or Wheelbase does not exempt you from our Terms of Use. If there is a conflict in Service, Fairfax Off Grid Campers, LLC takes priority.
Additionally, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”) apart from Wheelbase or Outdoorsy, Inc. We have no control over these additional Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.
USE OF PERSONAL INFORMATION:
We may disclose a user’s personal information for the following purposes:
When required by law.
When requested by law enforcement agencies or other public agencies to assist them if we deem it necessary to help them.
RENTING A VEHICLE
By renting one of our vehicles, you agree to the following terms and conditions:
Reservation and Payment: To reserve a Vehicle, you must make a payment in advance. The payment amount will vary depending on the duration of the rental period and any additional services you request. Payment must be made through our website or by phone. We accept major credit cards and PayPal.
Driver Requirements: The driver of the Vehicle must be at least 25 years old, hold a valid driver's license, and be a Verified Driver on the booking. The driver must also present a major credit card in their name at the time of pick-up and valid driver’s license.
Insurance: At an additional cost, our Vehicles come with standard insurance coverage. This coverage includes liability insurance and collision coverage with a deductible. Coverage and the deductible is dependent on the insurance package chosen by you. Information regarding insurance coverage can be found at https://www.outdoorsy.com/help/owners-protection-packages. You are responsible for any damages incurred during the rental period, up to the deductible amount. Additional insurance coverage can be purchased at the time of reservation or pick-up.
Return of Vehicle: The Vehicle must be returned to our rental location located at 2000 Sir Francis Drake Blvd, Fairfax, CA 94930, at the agreed-upon date and time. Failure to do so will result in additional charges. The Vehicle must be returned in the same condition as when it was rented. Any damages or missing items will be charged to you.
Reserving a Vehicle: To purchase a Service, a deposit of 25% of the total booking amount will be required.
Modification to an existing reservation: A Guest is able to modify the dates of their reservation one time for no additional fee. Any modification of dates after the first time, will result in a service fee of 5% per modification. If a Guest modifies the dates of a reservation in order to avoid paying a fee apart from the service fee, our cancellation policy will apply to the original reservation dates.
Cancellation Policy: If you need to cancel your reservation, please contact us as soon as possible. Cancellations made more than 7 days in advance of the departure date will result in a loss of the deposit and a refund of 75% of the total booking amount. Cancellations made between 2-7 days of the departure date, will result in a refund of 50% of the reservation total. Any cancellations within 48 hours of the departure date will receive no refund. No-shows will be charged the full rental amount.
Security Deposit: Within 48 hours of the departure date, a security deposit of between $1,000-$1,200 will be collected as a temporary hold on your bank account.
When you provide us a payment method, you authorize Fairfax Off Grid Campers, LLC, or third-party service providers acting on behalf of Fairfax Off Grid Campers, LLC, to store your payment credential for future use in the event you owe us any money. You authorize us to use stored payment credentials for balances and Fees, including for booking rental costs and Guest fees (including, without limitation, late fees, damage fees, cleanup fees, prep fees, pet fees, parking fees, excess mileage fees, security deposits, processing fees and claims costs, and related administrative fees).
Dispute Resolution: Any disputes arising from this agreement will be resolved in accordance with the laws of the state where the rental takes place.
Limitation of Liability: We are not liable for any loss or damage to personal property or for any injuries sustained during the rental period. You assume all risks associated with the use of the vehicle.
USE OF VEHICLE
The Vehicle is to be used only for the purposes of camping and travel. The Guest agrees to use the vehicle responsibly and in compliance with all applicable laws and regulations.
The Vehicle is prohibited from driving into Mexico and outside of the United States and Canada.
Prohibited Activities: The following activities are strictly prohibited while using the Vehicle: smoking, vaping, using illegal drugs, transporting pets (unless authorized by the rental company), and driving under the influence of alcohol or drugs.
Maintenance and Repairs: The Guest is responsible for the regular maintenance of the Vehicle during the rental period. The Guest must notify us immediately if any repairs are necessary. Repairs must not be made without our prior approval. The Guest is responsible for the cost of repairs resulting from their own negligence.
Verified Drivers: The Guest who books the Vehicle bears the responsibility for all activity related to the Vehicle rental. The Guest 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 insurance of the Guest who made the booking is primary as to all claims and liability related to the Vehicle during the rental period. As a Guest, you will be responsible for all Verified Drivers, Guests in 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, and provide proof of a current, valid driver’s license to Fairfax Off Grid Campers, LLC. 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.
Any penalties, tickets, or fees issued while the Vehicle is in possession of the Guest, is the Guest’s responsibility (e.g. parking ticket).
No towing or pushing anything using the Vehicle, unless expressly authorized by us and set forth in the Listing.
The Guest is strictly prohibited from attending Burning Man or the vicinity of Black Rock City, Nevada, with the Vehicle.
The Guest is strictly prohibited from driving on any type of salt land, salt pan or salt flat with the Vehicle.
The Guest shall not use or place the wrong fuel type or octane into the Vehicle (e.g. putting gas into a diesel vehicle or diesel into a gas vehicle).
VEHICLE THEFT / ABANDONED VEHICLE
The following actions may result in the reporting of the Vehicle the Guest has booked as stolen to law enforcement, possibly subjecting the Guest and any other driver or occupant to arrest, and civil and/or criminal penalties, and the voiding of the Guest’s insurance package:
If the Guest fails to return the Vehicle the Guest booked at the time and place agreed upon with us and/or designated in the Guest booking.
If the Guest does not return the Vehicle by the end of the booking period and the Guest has not properly obtained an extension of the booking through our Service.
If the Vehicle is returned to any place other than the return location on the booking or agreed upon with us. Any damage to, or loss or theft of, a Vehicle occurring prior to the Host inspecting the Vehicle upon return at the end of the booking is the Guest’s responsibility.
If the Guest misrepresents facts to us 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 the booking period.
If the Guest fails or refuses to communicate in good faith with us, police, Outdoorsy, or other authorities with a full report of any accident or vandalism involving the Vehicle or otherwise fails 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 booking period, who has obtained the keys without permission of us, or who misrepresents or withholds facts to/from us or Outdoorsy material to the booking, use, or operation of the Vehicle.
The Guest who makes the booking is responsible for any private investigation and / or towing costs Outdoorsy and we deem necessary to recover a Vehicle that is not returned. In addition, a $500 case administration fee will be imposed on the Guest if Outdoorsy and/or us has to report a vehicle as stolen to law enforcement due to it not being returned.
The Guest will also comply with Outdoorsy’s Terms, including for rental liability, damage to vans, maintenance and breakdown, right of possession, hauling and delivery, and other general requirements, that weren’t listed above. By signing this agreement or by making a payment, the Guest acknowledges that they have read and understood these terms and conditions and agrees to abide by them.
WARRANTY DISCLAIMER
THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR RESERVATION, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
MODIFICATION OF TERMS OF USE
We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. you’s continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use. We will notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current.