The use of this website and services on this website provided by Nomad Campervans (hereinafter referred to as "Website" and “Company”) are subject to the following Terms & Conditions, all parts, and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as "Website") and any services provided by or on this Website ("Services").
DEFINITIONS
“Agreement” denotes to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Website.
“We”, “us” and “our” are references to NOMADCAMPERVANS.CA.
“User”, “Guest” “You” and “your” denotes the person who is accessing the website for taking or availing any service from us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this Website.
” Website” shall mean and include nomadcampervans.ca and any successor Website of the Company or any of its affiliates.
Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.
ASSENT & ACCEPTANCE
PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, AND ALL APPLICABLE SUPPLEMENTAL TERMS (COLLECTIVELY, THE "TERMS") CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS AND REMEDIES IN CONNECTION WITH YOUR USE OF THE SERVICES AND CONTENT. FOR EXAMPLE, THE TERMS INCLUDE:
• YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
• LIMITATIONS OF OUR LIABILITY TO YOU; AND
• A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
AGE RESTRICTION: You must be at least 18 (Eighteen) years of age to use this Website, or any Services contained herein. By using this Website, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. We assume no responsibility or liability for any misrepresentation of your age.
YOUR ACCESS TO AND USE OF THE SERVICES IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH ALL APPLICABLE TERMS. If you do not agree to these Terms or our Privacy Policy, then please cease using the Services immediately. We reserve the right to change these Terms at any time (see “Changes to these Terms” below.) By accessing, browsing and/or using the Services after updates to these Terms have been posted, you agree to be bound by the updated Terms. THESE TERMS AND OUR PRIVACY POLICY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND NOMAD CAMPERVANS.
Consequences of Non-Compliance
Your failure to comply with the Terms may result in the suspension or termination of your account and/or access to the Services and may subject you to civil and criminal penalties.
THE AGREEMENT
• These conditions (“Conditions”) outline the Guest’s responsibilities relating to the vehicle—defined as the motorhome, camper unit, van conversion or other recreational vehicle identified in the Booking Invoice—and limit and waive the Guest’s rights in some circumstances. It is important for the Guest’s own protection that she or she read and understand these Conditions.
• By clicking the "I accept" icons herein, the Guest acknowledges that he or she has read, understood, and accepted all of the terms and conditions set forth herein or incorporated into the Agreement by reference and that the person clicking the icons is the person entering into the Agreement. Additionally, the Guest agrees that the electronic signature created by clicking the "I accept" icons is sufficient to create a legally binding agreement between the Guest and Nomad Campervans.
• The Guest consents to Nomad Campervans, providing the Guest with only electronic copies of the contractual documents accepted as part of this Rental Agreement. The Guest agrees to be bound by the applicable deposit, payment, and cancellation terms for the Vehicle rental, as specified in the online booking portal or on the booking invoice. The foregoing deposit, payment, and cancellation terms are expressly incorporated into this Agreement by reference.
• These Conditions are incorporated into the Rental Agreement between Nomad Campervans and the Guest ("Agreement" or "Rental Agreement") for the vehicle identified on the first page of this Rental Agreement by its unit number. The term "Guest" refers to the individual or business identified as the Lead Guest in the booking, the Booking Invoice, and/or the online booking.
COMPLIANCE WITH LAWS
During the time the vehicle is in the Guest's possession or is rented to the Guest pursuant to this Agreement, the Guest shall comply with all applicable laws and regulations governing (a) the driving, parking, storage, and transportation of the vehicle or (b) the movement of the vehicle, or any person or thing transported in the vehicle, across any national, provincial, state, or jurisdictional border.
INSURANCE. NOMAD CAMPERVANS
shall provide a third-party automobile liability insurance policy (including collision and comprehensive coverage) for the benefit of the Guest and others driving the Vehicle in Canada with Nomad Campervans prior consent.
NOTE: THE GUEST AGREES TO ASSUME PERSONAL LIABILITY FOR PERSONAL INJURY, AND PROPERTY DAMAGE IN THE EVENT THAT THE VEHICLE IS DRIVEN IN AN UNAUTHORIZED AREA WITHOUT NOMAD CAMPERVANS' PRIOR WRITTEN APPROVAL, OR IN A PROHIBITED TRAVEL AREA, OR IS USED IN AN UNPERMITTED MANNER. BY DRIVING WITHOUT INSURANCE, THE GUEST MAY BE COMMITTING A CRIMINAL OFFENSE.
GUEST’S AND OTHERS’ PROPERTY.
• The Guest understands that the vehicle is not a secure space and is not equipped to transport or store valuable items. Nomad Campervans recommends that the Guest obtain and maintain insurance against loss or damage to any property belonging to the Guest (or to any person whose property is in or on the vehicle with the Guest's express or implied consent) that is in or on the vehicle and that the Guest relies on such insurance and not on any rights against Nomad Campervans to obtain compensation for any loss of or damage to such property.
• Nomad Campervans shall not be liable for any loss or damage to the Guest's (or any other person's) property that is in or on the vehicle with the Guest's express or implied consent, whether such loss or damage occurs because of, or is contributed to by, the negligence of Nomad Campervans or its agents, servants, or employees.
• The Guest assumes all risk of such loss or damage and waives all claims against Nomad Campervans. The Guest agrees to defend, indemnify, and hold Nomad Campervans harmless from and against any claims arising out of such loss or damage.
SAFEGUARD VEHICLE
The Guest will take all reasonable measures to safeguard the vehicle against theft and damage. The Guest shall read and observe all operating instructions and precautions that are posted in or on the vehicle or supplied to the Guest by Nomad Campervans Loss of or damage to any key fob that makes it inoperable will result in a $300 chargeback to the Guest upon drop-off.
MAINTENANCE
The Guest is responsible while the vehicle is in the Guest’s possession for ensuring that the vehicle is prudently operated and maintained and without limiting the generality of the foregoing, for ensuring that oil, fluid and coolant levels in the vehicle’s engine, braking, steering and other mechanical and hydraulic systems are maintained at recommended levels. The Guest is responsible for following prudent operating procedures appropriate to weather conditions (i.e., freezing water lines in sub-zero temperatures and overheating mechanical components in cases of extreme heat). The Guest shall be responsible for the cost of all related mechanical and vehicle repairs resulting from the Guest’s failure to fulfil these responsibilities.
REPAIRS
The Guest may proceed with, and Nomad Campervans will reimburse the Guest for the cost of (a) minor repairs and replacements to the vehicle, (b) authorized repairs to the vehicle, and (c) maintaining the vehicle's oil, fluid, and coolant levels. Nomad Campervans will reimburse the Guest upon presentation of the original receipts and parts replaced. Except as expressly permitted in this paragraph, the Guest shall not permit any repairs or additions to the vehicle and shall not, in any case, permit any lien to be placed on it without the prior written consent of Nomad Campervans, which consent may be withheld arbitrarily. Additionally, the Guest will be responsible for all unauthorized charges associated with any repairs.
BREAKDOWNS
If the vehicle is rendered inoperable for a period exceeding 48 consecutive hours due to mechanical breakdown and the breakdown is not the result of the Guest's breach of this Agreement, Nomad Campervans shall provide the Guest with a credit equal to the rental charge reasonably attributable to the period during which the vehicle is rendered inoperable. Nomad Campervans shall not be liable to the Guest for any additional costs or damages incurred because of mechanical breakdown. Radio, television, air conditioning, slide-out, refrigerator, microwave, and appliance malfunctions are not considered to render the vehicle inoperable for the purposes of this clause and do not entitle the Guest to a credit against rental charges.
SUBSTITUTIONS
The vehicle may be an equivalent or higher-rated vehicle than the one for which the Guest has made a reservation at Nomad Campervans' sole discretion. Where a substitution or upgrade is made as described in the preceding sentence, there will be no additional charge to the Guest. When Nomad Campervans substitutes a Vehicle that rents at a lower rate than the vehicle reserved by the Guest, Nomad Campervans's sole responsibility is to charge the Guest at the lower applicable rate and to make any refunds or adjustments due to the Guest. Nomad Campervans does not guarantee the availability of a specific type of vehicle that the Guest may reserve and disclaims all liability to the Guest (except as expressly stated in this clause) if Nomad Campervans substitutes a Vehicle of a different category for the vehicle reserved by the Guest.
INCIDENTS: ACCIDENTS, THEFT AND VANDALISM
The Guest shall immediately notify Nomad Campervans and the Police in the jurisdiction where the Incident occurs of an accident, collision, theft, or vandalism ("Incident") involving the vehicle or its passengers. Additionally, the Guest shall deliver to Nomad Campervans or its insurer any process, pleading, notice, or paper of any kind received by the Guest or any driver of the vehicle or its passengers in connection with any claim suit or proceeding involving the vehicle. Neither the Guest nor any driver of the vehicle shall aid or abet the assertion of any claim, suit, or proceeding and shall cooperate fully with Nomad Campervans and its insurers in investigating and defending any such claim, suit, or proceeding.
IF ANY INCIDENT IS NOT REPORTED WITHIN 24 HOURS, ALL LIABILITY PROTECTION AVAILABLE TO THE GUEST HEREUNDER WILL BE VOID. GUESTS WHO ARE INVOLVED IN AN ACCIDENT AND DROP OFF THE VEHICLE WITHOUT A WRITTEN ACCIDENT REPORT AND A POLICE FILE NUMBER WILL VOID THEIR INSURANCE COVERAGE AND WILL BE RESPONSIBLE FOR ALL REPAIRS OR REPLACEMENTS RESULTING FROM THE INCIDENT.
USE OF VEHICLE
To the extent permitted by law, any use of the vehicle in the manner specified below will (1) constitute a breach of this Agreement, (2) void any limitation on Guest's liability for loss or damage to the vehicle, (3) hold Guest fully responsible for actual damages, costs and attorney fees, loss of use and diminished value resulting from this breach, and (4) void any insurance coverage provided under this Agreement subject to applicable law. The Guest shall not permit the vehicle to be operated or driven (a) by any person who does not possess a valid driver's license that authorizes the holder to drive the vehicle in the jurisdiction in which the vehicle is located; (b) for the transportation of persons or property for hire, express or implied; (c) by any person who is under the age of 21 years, or who has provided Nomad Campervans with a false or fictitious name, age, or address; or (d) by any (i.e. warning light is on, flat tire, steam rising from the engine, etc.). Each of these restrictions is cumulative and applies to each use, operation, or driving of the vehicle.
SMOKING OR VAPING
Our vehicles are non-smoking. If any vape or smoke-related odours or damage are detected, the Guest will be charged a $500 fee. This fee is a genuine estimate of the costs and income loss associated with removing the odour and the resulting delay in re-renting the vehicle. Avoid smoking or vaping in the vehicle, and keep all doors and windows closed when near campfires.
UNAUTHORIZED AREAS AND PROHIBITED TRAVEL AREAS
For a list of Unauthorized Areas and Prohibited Travel Areas, please refer to the Insurance Coverage Plan. Unless otherwise agreed in writing by Nomad Campervans, the Guest is solely responsible for the cost of repairing any damage to the vehicle caused by driving in an Unauthorized Area. AT ALL
TIMES, DRIVING IN PROHIBITED TRAVEL AREAS IS STRICTLY PROHIBITED. In all instances where the vehicle is driven in a Prohibited Travel Area, the Guest is solely responsible for all damage to the vehicle. In instances where the vehicle is driven in an Unauthorized Area with the consent of Nomad Campervans, Nomad Campervans reserves the right, in its sole discretion, to reduce the amount the Guest is required to pay for repairs that Nomad Campervans is able to compete with using its own repair facility. Regardless of whether Nomad Campervans consents, the Guest is always responsible for the cost of replacing parts (including, but not limited to, tires) and repairing damage caused by driving on unpaved or non-public roads or by exposing the vehicle to freezing or excessive heat.
PAYMENT OF CHARGES
The Guest shall pay to Nomad Campervans on demand all time and distance charges, service charges, minimum charges, and other charges payable under the Rental Agreement, at the rates shown or computed as provided on the booking invoice, these Conditions, or Nomad Campervans' published rates available online at www.nomadcampervans.ca. If the Guest has directed those charges be billed to another person and that person does not pay when due, the Guest is responsible for such charges. Nomad Campervans reserves the right to retain the deposit as provided in this Agreement to cover any amount owed, or that may become due under this Agreement. The Guest and any person to whom the Guest expressly directs the billing of charges incurred under this Rental Agreement, with the consent of Nomad Campervans, are jointly and severally liable (solidarity in Quebec) for payment of all such charges. The Guest certifies that he or she has the authority to direct such charges to be billed to that individual. Charges that are not made on time, as specified in this Agreement, will incur a late payment fee. Unless Nomad Campervans agrees to accept credit card payments, payment for all charges under this Agreement is due and payable in full at the conclusion of the rental. Charges not known to Nomad Campervans at the time are payable immediately upon receipt of an invoice for such charges, and the Guest hereby agrees that their credit card may be charged. Charges paid with an acceptable credit card are governed by the terms of the Agreement governing the card's use.
IF YOU PAY FOR CHARGES WITH A CREDIT CARD, YOU AUTHORIZE NOMAD CAMPERVANS TO RESERVE CREDIT FROM THE CARD ISSUER IN AN AMOUNT EQUAL TO ALL ESTIMATED CHARGES AND TO PROCESS AN APPROPRIATE VOUCHER FOR THOSE CHARGES AT THE TIME OF RENTAL. Nomad Campervans reserves the right to audit all charges. If any errors are discovered, the Guest is responsible for paying the corrected charges. If the Guest paid with a credit card, the Guest authorizes Nomad Campervans to dispute any incorrect charges with the card issuer. Nomad Campervans will communicate any changes to the Guest.
DISTANCE CHARGES
The distance in kilometers travelled by the vehicle while in the Guest's possession shall be determined by reference to the odometer. If the speedometer or odometer is damaged or shows signs of tampering, the Guest shall pay for repair or replacement of the speedometer or odometer, as well as a rental charge per kilometer based on Nomad Campervans's experience with similar rentals or on actual kilometers travelled as determined by the tracking device installed in each vehicle.
TICKETS/FINES
The Guest is responsible for all parking and traffic violations, toll fees, and fines incurred during the rental period and authorizes Nomad Campervans to immediately pay all tickets and then charge the Guest's credit card for all associated costs. Without limiting any other provision of the Rental Agreement, the Guest shall be solely responsible for and shall indemnify and hold Nomad Campervans harmless from any fines, penalties, or forfeitures resulting from the Guest's violation of any statute, law, ordinance, rule, regulation, or insurance policy provision applicable to the vehicle or the Guest's possession, use, driving, parking, storage, or transportation of the vehicle.
ACCESSORIES
The Guest acknowledges receipt of the convenience packages and agrees to reimburse Nomad Campervans for any equipment lost or damaged upon return of the vehicle.
RETURN OF VEHICLE
The Guest agrees to return the Vehicle to Nomad Campervans at the time and location specified on the first page of this Agreement, or earlier if Nomad Campervans so requests, in the same condition as when received by the Guest, except for normal wear and tear. If the vehicle is returned to a location other than that specified on the Rental Agreement's first page, the Guest agrees to pay the applicable one-way fee or the cost of returning the vehicle to the designated rental station, whichever is greater.
RETURN IN CLEAN CONDITION
The Guest is responsible for returning the vehicle in a clean condition with the black and grey tanks empty or for reimbursing Nomad Campervans for cleaning costs and a minimum charge of $150 to empty the black and grey tanks.
DROP-OFF CHARGES
Charges imposed pursuant to this Agreement are not subject to reduction, and the Guest is not entitled to a credit if the vehicle is returned prior to the Rental Agreement's specified drop-off date. Additionally, there will be no refunds for unused prepaid kilometers or for Guest cell phone charges. At least 1/4 tank of fuel is supplied with the RV. Guests must return the RV with the same amount of fuel as when it was picked up. If the RV is returned with less fuel than it was when it was picked up, a fuel fee will be assessed in accordance with our current pricing policy. If the vehicle is returned with more fuel than when it was picked up, the additional fuel will not be refunded to the Guest.
LATE RETURN
If the Guest returns the vehicle after the time specified in the Booking Invoice, the Guest shall pay Nomad Campervans a fee equal to the number of late hours multiplied by $150; however, the fee shall not exceed $600 for each 24-hour period, or portion thereof, of such late return. The Guest acknowledges and agrees that these charges are not a penalty, but a genuine estimate of the additional administrative costs and rental revenue lost as a result of the vehicle's late return.
CREDIT CARD
A credit card is required to pay the security deposit, and the Guest authorizes Nomad Campervans to total any charges or amounts payable to Nomad Campervans by the Guest and to process the payment transaction in accordance with this Agreement.
RETURN ON DEMAND
Nomad Campervans may demand the return of the vehicle at any time and, if such demand is not met or if compliance is delayed, Nomad Campervans may immediately repossess the vehicle through any lawful means, without prior written notice to the Guest or the Guest's credit card company or bank. 24 Repossession. If the Guest provides a false statement in this Agreement, or if the Guest fails to disclose to Nomad Campervans any information about the Guest or the Guest's intentions with respect to the vehicle that the Guest could reasonably be assumed to know is material to Nomad Campervans when Nomad Campervans considers renting the vehicle to the Guest, or if the Guest violates any provision of this Agreement, Nomad Campervans may immediately repossess the vehicle.
LAWSUITS
The Guest agrees to allow Nomad Campervans or its insurers and their counsel to conduct the defense of all lawsuits and proceedings brought against the Guest in connection with the Guest's use, possession, driving, parking, storage, or transportation of the vehicle, and any counterclaim made by the Guest in connection with any such lawsuits and proceedings. Nomad Campervans and its insurers shall have the sole and exclusive right to settle or abandon any such lawsuits or proceedings and to enter into binding agreements, or to give releases, discontinuances, or claim notices, or to withdraw, on behalf of the Guest, for the purpose of settling or abandoning any such lawsuits or proceedings. The Guest agrees to fully cooperate with Nomad Campervans and its insurers in taking all steps and providing and obtaining all information and evidence that Nomad Campervans or its insurers deem necessary or desirable for the purpose of the said lawsuits or proceedings and their conduct, settlement, or abandonment. The Guest irrevocably appoints Nomad Campervans or its said insurers as the Guest's true and lawful attorneys to execute all documents and to perform or omit to perform all such acts, and things as the said attorneys may deem necessary or desirable in the circumstances to give effect to the rights conferred by this clause on Nomad Campervans and its said insurers, and a power of attorney hereby conferred is deemed to be coupled with an interest.
INDEMNIFICATION
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Nomad Campervans and its affiliates and/or related entities, whether direct or indirect, current, former or future, and its and their respective current, former or future officers, directors, employees, agents, successors and assigns and related third parties (each an “Indemnified Party”), for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third-party claim that (a) your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third-party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by Nomad Campervans. Nomad Campervans reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Nomad Campervans in asserting any available defenses. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent.
EXCLUSION OF LIABILITY
You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties, and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the nomadcampervans.ca Website, including loss of data or information or any kind of financial or physical loss or damage.
In no event shall Nomad Campervans, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, Agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.
MODIFICATION & VARIATION
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
NO WARRANTIES
You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by us are on an "As Is" basis. We hereby expressly disclaim any express or implied warranties of any kind, including but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to you, through your computer system, or because of the loss of your data from your use of the Website or Services is your sole responsibility and that we are not liable for any such damage or loss.
LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you because of your use of the Website or Services to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
SEVERABILITY
Suppose any provision of these Terms and conditions is determined to be unlawful, void, or unenforceable. In that case, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from these Terms and conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
CONTACTING US
If you would like to contact us to understand more about terms or wish to contact us concerning any matter, you may do so via the contact us or email us at info@nomadcampervans.ca or call us at 778-907-2242.