- These terms and conditions are expressly made a part of the rental agreement (the “Agreement”) by and between the person(s) listed on page one (herein collectively referred to as (“Renter”) and Vehicle Rental Owner or Dealer (“Dealer”). The terms and conditions of this Agreement shall survive the end of the rental period and remain in full force and effect. Where Renter has released and/or indemnified Dealer, it has also released and/or indemnified the officers, employees, and agents of Dealer.
- Security Deposit & Authorization
- A security deposit of $300 is required at or before the time of pick-up and will be refunded when all costs are paid as per the terms of this Agreement. The amount of the security deposit is stated in your booking confirmation. Dealer may use your deposit to pay any amounts owed under this agreement. If the amount of the security deposit is insufficient to satisfy all amounts due then the Renter agrees to pay all charges in excess within 30 days of being notified. Minimum requirements for return of the security deposit include: unit is clean within reason, gas tanks are full, no damage was done to the vehicle (incl. interior damage, evidence of cigarette smoke, evidence of pets) and all amenities and gear provided are intact and accounted for. At the time of rental, a charge will be authorized by Renter to cover any amounts payable pursuant to this Agreement and by executing this agreement Renter understands and expressly consents to use of the charge for such purposes without reservation.
- Dealer has up to 7 days from the return of the unit to inspect the unit for damages and notify the customer. The security deposit will be returned automatically within 7 days if there are no damages to the rented unit or overage charges due.
- Cancellation Policy
- If a guest cancels at any time, they will receive a refund for cleaning fee, security deposit and insurance payment
- To receive a full refund, guests must cancel at least 30 days before check-in
- If guests cancel between 7 and 30 days before check-in, they will be charged 50% of the nightly fees
- If they cancel less than 7 days before check-in, they will be charged 100% of the nightly fees
- Guests can also receive a full refund if they cancel within 48 hours of booking, if the cancellation occurs at least 7 days before check-in
- If the host cancels guest will receive a full refund
- No refunds for early returns
- Drivers
- Vehicle operation is PROHIBITED by anyone not listed on the rental contract and/or under the influence of DRUGS / ALCOHOL / NARCOTICS. Each driver must be obtain our insurance and, have a valid driver license
- Renter acknowledges and agrees that no person shall be allowed to drive the rental who is not at least the age of 24, and a holder of a valid driver’s license in his or her actual possession. Renter acknowledges that the qualifications of any driver of the rental are solely at the discretion and risk of the Renter, and Dealer has not evaluated the skill and expertise of any such driver.
- Renter acknowledges that Dealer has no control over the number of passengers a Renter may allow into the rental or the conduct of those occupants while the rental is being operated. Therefore, Renter acknowledges that they are solely responsible for the passengers on board the rental as well as the conduct of those passengers, and Renter shall confirm that both driver and passengers are properly using seat belts while the rental is in motion.
- Condition of Rental & Responsibility for Repair
- Renter is responsible for the vehicle from the moment you’re given the vehicle and the rental period ends when the vehicle is properly returned.
- Renter is responsible for all damage to the rental, missing equipment, and Dealer’s administrative expenses connected with such loss irrespective of the cause of said damage or loss or the negligence or lack thereof of Renter. In the event of any loss or damage to the vehicle, or any personal property or bodily injury claim, that occurs during the rental period due to any cause regardless of fault, including, but not limited to, collision, rollover, theft, vandalism, seizure, fire, flood, hail or other acts of nature or God, the renter is held responsible, and is required to pay the deductible of $1000. In the event a renter has violated these terms of service, the renter will be held responsible for the full amount of the claim including the insurance deductible. When accepting the rental, the renter has been given an opportunity to examine the Rental Vehicle in advance of taking possession of it.
- ALL TICKETS, FINES, FEES, TOWING OF VEHICLE; LOST OR DAMAGED KEYS, Flat or damaged TIRES, etc. caused or otherwise as a result of the renter and/or during the rental period, must be paid by the Renter including recovery costs, expenses, penalties, fees and/or fines.
- Dealer is not responsible for personal property left in the rental. All defects and/or damage to the rental noted in the Dealer return inspection shall be the sole responsibility of Renter and Renter shall reimburse Dealer for the cost of the repair. To the extent that the security deposit actually paid to Dealer is insufficient to cover the costs incurred by Renter, Renter will make immediate payment to Dealer upon demand. Renter must report all accidents or incidents of theft or vandalism to the police as soon as Renter discovers them and provide a copy of the police report to Dealer.
- Renter must report all accidents involving the rental to the Dealer within 24 hours of occurrence and provide a copy of the accident report to the Dealer. Renter must report all accidents involving the rental to the Dealer within 24 hours of being notified supporting documentation such as photos, video, police report or statements.
- If the rental is returned to Dealer outside of regular business hours, Renter shall remain responsible for any damage or theft of the rental occurring prior to Dealer’s acceptance of return of the rental during regular business hours.
- If the rental is dropped off at a location other than that specified by Dealer to the Renter, Renter shall remain responsible for any damage or theft of the rental occurring prior to the rentals arrival at the specified drop off location.
- Maui Camping Vehicles, states that to the best of its knowledge and belief that the vehicle(s) is/are in safe condition and free of any known mechanical defects. You acknowledge that the Vehicle has no damage except what is captured in our Inspection. The passenger capacity is determined by the number of seatbelts and must NOT be EXCEEDED. Always fasten your seatbelts-It is the law! Children under 4 years old must be in a federally approved child safety seat. Children under 8 years old must be in a child safety seat or booster seat, unless between 4-8 years old who are taller than 4 ft. 9 inches or over 40 pounds.
- Allowed Use of the Rental
- The rental 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 and used for off-road purposes. If Dealer provides a driver for the rental, Renter remains responsible for all damage to the rental, missing equipment, and Dealer’s administrative expenses connected with damage regardless of whether or not Renter or the driver is at fault.
- No Unpaved Roadways Allowed (excl. RV Parks & Campgrounds)
- Under no circumstance shall:
- Anyone be allowed on the roof of the rental with the exception of rooftop tent usage while vehicle is parked safely with the engine off.
- Anyone occupy any towed rental while it is in motion.
- Acceptance of Risk
- The Renter acknowledges that the nature camping and use of camp gear is adventurous and may involve a significant amount of personal risk. The Client hereby assumes all such risk and does hereby release Maui Camping Vehicles from all claims and causes of action arising from any damages or injuries or death resulting from these inherent risks.
- Insurance & Costs
- The Renter is responsible for all damage or losses caused to themselves, their property, the Vehicle Rental and third parties regardless of fault. The Renter must be approved for Insurance for the vehicle Rental or the Renter has provided the Dealer with an insurance binder indicating that the Renter has motor vehicle liability, collision and comprehensive insurance covering the Renter, the Dealer, third parties for the vehicle you are driving and/or towing. Renter is solely responsible for any and all parking tickets, citations, toll charges and other charges issued during Renter’s contractual possession of the rental.
- Maintenance and Breakdown
- Dealer is responsible for checking all fluid levels, including oil and coolant levels, checking air tire pressure, lug nuts and wheels within 90 days prior to rental departure. Should a breakdown occur due to lack of maintenance. Dealer acknowledges their claim may be denied. Renter must immediately notify Dealer for repair authorization and follow the instructions provided.
- Right of Possession
- Dealer shall always have a superior right of possession of the rental over Renter. In the event that Dealer’s officers or employees, in their sole and absolute discretion, determine that the rental is at risk of damage or loss, Dealer shall have the absolute right, but not the obligation, to recover the rental from Renter regardless of the amount of time remaining in the Rental Agreement. In the event Dealer recovers a rental from Renter, in addition to those costs payable pursuant to other parts of this Agreement, Renter shall pay all costs associated with such recovery including, but not limited to, employee wages, travel costs, fuel and repairs.
- Additional Conditions
- This Agreement does not create any type of partnership between Renter and Dealer or rental owner. This Agreement may not be canceled or modified except in writing signed by all parties.
- This Agreement is not assignable by Renter
- Renter agrees that venue for any dispute or claim arising out of or relating to this Agreement or Renter ‘s use of the rental (whether based in contract. tort, statue, fraud, misrepresentation or any other legal theory) will be exclusively in the County of Dealer’s operation. This Agreement shall be construed in accordance with the laws of the state of Dealer’s operation. Renter agrees that in the event Dealer prevails in a suit to enforce this Agreement, it shall be entitled to recover all its costs and attorney’s fees incurred in that action.
- Warranties, Releases, Indemnification and Assignment
- Renter acknowledges that Dealer may not own the rental it is renting to Renter and rents the rental pursuant to a third-party agreement with the owner of the unit.
- RENTER ACCEPTS RENTAL “AS IS” WITH ALL FAULTS AND WITHOUT RESERVATION. DEALER AS WELL THE OWNER OF THE RENTAL DOES NOT WARRANT AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES ON THE RENTAL INCLUDING, BUT NOT LIMITED TO, THE RENTAL OR TIRE CONDITION, SUITABILITY, OR FITNESS OF THE RENTAL OR TIRES FOR ANY PARTICULAR PURPOSE.
- DEALER AND THE RENTAL OWNER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FROM ANY LOST OR IMPUTED PROFITS OR REVENUES OR COSTS ARISING FROM OR RELATED TO THE RENTAL REGARDLESS OF THE LEGAL THEORY UNDER WHICH LIABILITY IS ASSERTED AND REGARDLESS OF WHETHER DEALER OR THE RENTAL OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LIABILITY, LOSS OR DAMAGE. YOUR EXCLUSIVE REMEDY FOR ANY AND ALL CLAIMS OF DAMAGE RELATED TO USE OF THE RENTAL SHALL BE LIMITED TO THE TOTAL RENT PAID OR PAYABLE BY YOU TO DEALER UNDER THIS AGREEMENT.
- RENTER FURTHER HEREBY AGREES TO INDEMNIFY, SAVE, AND FOREVER HOLD HARMLESS DEALER AND RENTAL OWNER FROM ANY AND ALL LIABILITY, CLAIMS, OR CAUSES OF ACTION OF ANY KIND OR CHARACTER WHATSOEVER, AND BY WHOMEVER ASSERTED, ARISING FROM OR IN ANY WAY GROWING OUT OF THE OPERATION OR USE OF THE RENTAL UNDER THIS AGREEMENT AND AGREES, IN SUCH EVENT, TO PROVIDE A DEFENSE THEREFORE AS CHOSEN AND DIRECTED BY DEALER AND TO PAY ANY EXPENSES IN THE DEFENSE OF ANY SUCH CLAIM OR LAWSUIT THIS AGREEMENT INCLUDES, BUT IS NOT LIMITED TO, CLAIMS OF NEGLIGENCE OR GROSS NEGLIGENCE ON THE PART OF DEALER ANO/OR THE RENTAL OWNER.
- RENTER UNDERSTANDS AND AGREES THAT AS PART OF THE CONSIDERATION OF DEALER RENTING THE VEHICLE TO RENTER, RENTER DOES HEREBY ASSIGN TO DEALER ANY CAUSE OF ACTION JUDGMENT OR SETTLEMENT AS THE RENTER MAY HAVE AGAINST ANY PERSON, FIRM OR CORPORATION, INCLUDING BUT NOT LIMITED TO DEALER AND/OR THE RENTAL OWNER, TO SECURE SATISFACTION AND DISCHARGE OF ANY JUDGMENT OVER AND AGAINST DEALER AND/OR THE RENTAL OWNER FOR ACTUAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, AND/OR CLAIMS FOR INDEMNITY AND/OR CONTRIBUTION, STATUTORY, CONTRACTUAL OR OTHERWISE.
- Return Policy:
- Rental units must be returned as scheduled. The rental must be returned in the same condition as it was at the time of pickup, (clean on the interior and exterior and in full working order). Any variable charges may be assessed and charged against the security deposit.
- ALL APPLICABLE CHARGES WILL BE DEDUCTED FROM THE SECURITY DAMAGE DEPOSIT.
- Smoking: No smoking is allowed in rental units unless otherwise stated in your booking. Smoke odors in the returned rental units will result in additional fees.
- Interior Damage: Any damage to the interior including items such as appliances, cabinet, floors, bathroom cleaning/repairs, etc.
- Pets: No pets are allowed in rental units unless otherwise stated in your booking. Any pet odors in the returned rental units will result in additional fees.
- Taxes: Customer is responsible for all applicable taxes.
- Rental Fees: All rental fees must be paid prior to check-out including deposits.
- Citations & Tolls: Will be charged to Renter at the date of discovery by Dealer.
- Repairs
- In the unlikely event of a break down or mechanical issues: We reserve the right to direct you to our location or a mechanic for any safety/operational-related repairs of a vehicle during your trip and provide you with a replacement vehicle (if available). Any refusal may terminate your rental contract, and incur towing charges to return vehicle for repairs to ensure proper safety and function of vehicle. reimbursement depends on type of repair and cause. In the event the vehicle is in breakdown repair for 12 hours or more, through no fault of the customer, our responsibility to the customer is limited to refund of nightly rate or portion thereof
- In the unlikely event of a break down or mechanical issues: We reserve the right to direct you to our location or a mechanic for any safety/operational-related repairs of a vehicle during your trip and provide you with a replacement vehicle (if available). Any refusal may terminate your rental contract, and incur towing charges to return vehicle for repairs to ensure proper safety and function of vehicle. reimbursement depends on type of repair and cause. In the event the vehicle is in breakdown repair for 12 hours or more, through no fault of the customer, our responsibility to the customer is limited to refund of nightly rate or portion thereof
- General Requirements: Renter agrees not to drive in a careless or negligent manner while towing or driving the Vehicle Rental, nor drive while under the influence of alcohol or drugs, nor permit operation of the vehicle by any person except those signed to the agreement and approved as drivers. Renter further agrees not to use, or permit use of the rental for unlawful purposes. Renters will hold Dealer harmless from any and all fines and penalties incurred during the rental period caused directly or indirectly by negligence, misuse or carelessness. Renter further agrees to indemnify and hold harmless the Dealer from and against any and all claims for loss of, or damage to property, or injury to person, including death, resulting from the use and operation of the Vehicle Rental. Unless prohibited by law, the Renter releases the Dealer from any liability for consequential, special or punitive damages in connection with the Vehicle Rental. Renter shall hold harmless, other client owners, Dealer, and its authorized agents and employees from and against any and all loss, bodily injury, damages and expenses, including legal expenses, of any kind arising from the Vehicle Rental during the Renters possession extending to such time RV Rental is completed and cleared by Dealer, including without limitations, latent and other defects whether or not discoverable by Renter or Dealer. This indemnity shall continue in effect at all times despite the return of the rental before or after expiration of the contract terms whether by formal request from Dealer or otherwise. It is agreed and understood that Dealer may control the defense of any such claim. By signing below, you acknowledge that you have been given an opportunity to read the terms of this Agreement before being asked to sign. Your signature permits us to process a credit charge in your name for all rental charges due under this Agreement.
- Rules of the road
- No off-roading: roadside assistance is often unavailable if you are more than 100 feet from a paved road.
- Do not bring the vehicle down to Peahi (better known as Jaws). It can cost thousands of dollars to tow out of this area if you can even find a tow company that has the capability.
- Camping at PoliPoli is permitted but please do not go beyond the PoliPoli campsite to the PoliPoli Spring State Recreational Area (skyline trail).
- Do not attempt the road leading to the campsite at Windmills. It is often washed out.
- Going to Haleakala: If you decide to catch the sunrise from the top of beautiful Haleakala, you must downshift to lower gears on your way back down. If not your brakes could start smoking and even catch fire. Brakes that are on fire may not function as intended.
- Please do not smoke cigarettes inside the vehicle. Evidence (smells, burns etc.) of smoking will result in a fine of $500 .
- No pets allowed. Evidence of pet damage will result in a fine of $500.
- The 11:00 am check out time is so so (*100,000,000) so important. We must be able to ensure enough time to get the vehicle cleaned, restocked, and ready for its next adventure. For this reason, failure to drop the vehicle off on time (barring extreme circumstances, or other agreements made) will result in a fine starting at $250. Make sure to call us immediately if you think you may be late.
- Please be respectful to the vehicle and camping gear:
- Maintain the organization of gear by putting things back where they were found clean.
- Please do not leave excessive sand, mud, trash, messes, sticky stuff, etc. in or on the vehicle. Charges for “trashed,” vehicles start at $350
- Please bring the vehicle back with a full tank of gas: We will charge more than the average gas station pump price.
- No off-roading: roadside assistance is often unavailable if you are more than 100 feet from a paved road.