If we update or make changes to these Terms and/or any of the policies referred to in within them, we’ll notify you via email and provide you quick access to the changes through the website.
This website is owned and provided by Outdoorsy UK Limited, a company registered in the United Kingdom (registration number 11666068) whose registered address is at 152-160 City Road, London, United Kingdom, EC1V 2NX (“Outdoorsy”, “we”, "us" or "our").
THE SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH OWNERS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR RVS (DEFINED BELOW) AND RENTERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK RVS. YOU UNDERSTAND AND AGREE THAT OUTDOORSY IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN OWNERS AND RENTERS, NOR IS OUTDOORSY A RV BROKER, AGENT OR INSURER. OUTDOORSY HAS NO CONTROL OVER THE CONDUCT OF OWNERS, RENTERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY RVS, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW DISCLAIMS ALL LIABILITY IN THIS REGARD.
"Application" means our mobile, tablet or other smart phone device application and application program interfaces.
“Collective Content” means Member Content and Outdoorsy Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information and any other content or materials.
"Group" in relation to any party, means that party and its subsidiaries and holding companies and any subsidiaries of any such holding companies as the same vary from time to time and "subsidiary" and "holding company" shall have the meanings given to them in section 1159 of the Companies Act (2006). In relation to Outdoorsy, the definition of "Group" shall also include the shareholders in its ultimate parent company Outdoorsy Inc.
“Listing” means a vehicle that is listed by an Owner as available for rental via the Site and Services.
“Member” means a person who completes Outdoorsy’s account registration process, including, but not limited to Owners and Renters, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Services.
“Outdoorsy Content” means all Content that Outdoorsy makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
“Owner” means a Member who creates a Listing via the Services.
"Rental Agreement" means an Outdoorsy RV Rental Contract signed by an Owner and a Renter and entered into by them in respect of a Listing.
“Renter” means a Member who requests a booking of a RV via the Services, or a Member who uses a RV and is not the Owner for such RV.
“RV” means recreational vehicles.
"RV Fee" means the fee to be paid by the Renter to the Owner for the rental of the RV as outlined in the applicable Listing.
"VAT" means value added tax or any equivalent tax chargeable in the UK or elsewhere.
Certain aspects of the Services (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions applied to them which you are required to accept in order to use those Services. In such circumstances, if there is a conflict between these Terms and terms and conditions applicable for a specific aspect of the Services, the latter terms and conditions will take precedence with respect to your use of or access to that aspect of the Services.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE US. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR TO PARTICIPATE IN THE REFERRAL PROGRAM.
If you accept or agree to 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.
Outdoorsy reserves the right, at its sole discretion, to modify the Services and/or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
You agree that you will comply with all written Outdoorsy rules, agreements, and policies that are made available by Outdoorsy on the Services and which are incorporated herein by reference. These include, without limitation:
● Fees Policy (available at [https://www.outdoorsy.com/help/what-are-the-cancellation-fees-and-policies] )
● Cancellation Policy (available at [https://www.outdoorsy.com/help/what-are-the-cancellation-fees-and-policies] )
● RV Outdoorsy Policy (available at [ https://www.outdoorsy.com/insurance ] )
● Roadside Assistance Policy (available at [https://www.outdoorsy.com/help/whats-included-in-roadside-assistance-coverage])
● Rental Agreement (available at time of booking)
● or any other policies posted on the Site
The Services are intended solely for persons who are aged 18 or older. Any access to or use of the Services by anyone under 18 years of age is expressly prohibited. By accessing or using the Services you represent and warrant that you are aged 18 or older.
The minimum age to rent an insured vehicle using the Services is 25 years old.
The Services can be used to facilitate the listing and booking of RVs. Such RVs are included in Listings on the Site by Owners. You may view Listings as an unregistered visitor to the Site; however, if you wish to book a RV or create a Listing, you must first register to create an Outdoorsy Account (defined below).
As stated above, Outdoorsy makes available a platform or marketplace with related technology for Renters and Owners to meet online and arrange for bookings of RVs. Outdoorsy is not an owner or operator of RVs, including, but not limited to, trailers, towables, campers, vans, coaches, or other RVs, nor is it a provider of RVs and Outdoorsy does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control RVs, or transportation or travel services.
Outdoorsy’s responsibilities are limited to: (i) facilitating the availability of the Services and (ii) serving as the limited agent of each Owner for the purpose of accepting payments from Renters on behalf of the Owner.
PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF RVS. OUTDOORSY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY RVS. OUTDOORSY IS NOT RESPONSIBLE FOR AND TO THE MAXIMUM EXTENT PERMITTED BY LAW DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND RVS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE RENTER’S AND OWNER’S OWN RISK.
The following are the minimum eligibility requirements as a renter:
You must hold a current, valid (non-temporary) UK driver’s licence that permits you to drive the RV you are renting, and you must present your licence to the owner when you begin your rental. You must be between 25 to 75 years of age. You are required to demonstrate at least three years of current, U.K.-licensed driving history. If you hold a foreign driving licence for any jurisdiction other than the UK, you must be at least 25, and you will need to provide your passport and a photograph of your licence. You must possess a mobile phone in your own name that we can verify through text message and you must be a registered user of Outdoorsy.
The application process is usually easy and quick. When you rent your first RV, we ask for your payment information, and your Drivers’ Licence information so that we can ensure you meet our eligibility requirements. In most cases, the driver eligibility check takes seconds, as long as we can verify all of your information.
In some cases, we may need additional information for verification purposes, and you will be provided with these requirements when you attempt to book an RV or travel trailer, or you may go through our pre-approval process, so you’ll be ready when it’s time to book.
In order to access certain features of the Services, and to book a RV or create a Listing, you must register to create an account (“ Outdoorsy Account”) and become a Member. You may register to join the Services directly via the Services or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites (“TPA”) (including, but not limited to, Facebook); each such account, a “ Third Party Account”, via our Services, as described below. As part of the functionality of the Services, you may link your Outdoorsy Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Outdoorsy through the Services; or (ii) allowing Outdoorsy to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Outdoorsy and/or grant Outdoorsy access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Outdoorsy to pay any fees or making Outdoorsy subject to any usage limitations imposed by such Third Party Account service providers. By granting Outdoorsy access to any Third Party Accounts, you understand that Outdoorsy will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“TPA Content”) so that it is available on and through the Services via your Outdoorsy Account and Outdoorsy Account profile page. Unless otherwise specified in these Terms, all TPA Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Outdoorsy Account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or Outdoorsy’s access to such Third Party Account is terminated by the Third Party Account service provider, then TPA Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Outdoorsy Account and your Third Party Accounts, at any time, by accessing the “Account” section of the Site and Application.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY ACCOUNT SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.
Outdoorsy makes no effort to review any TPA Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Outdoorsy is not responsible for any TPA Content.
We will create your Outdoorsy Account and your Outdoorsy Account profile page for your use of the Services based upon the personal information you provide to us or that we obtain via a TPA as described above. You may not have more than one (1) active Outdoorsy Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Outdoorsy reserves the right to suspend or terminate your Outdoorsy Account and your access to the Services if you create more than one (1) Outdoorsy Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Outdoorsy Account, whether or not you have authorised such activities or actions. You will immediately notify Outdoorsy of any unauthorised use of your Outdoorsy Account.
As a Member, you may create Listings. To this end, you will be asked a variety of questions about the RV to be listed, including, but not limited to, the value, location, size, features, availability of the RV, pricing, related rules, and financial terms. You acknowledge and agree that Listings will be made publicly available via the Services. Other Members will be able to book your RV via the Services based upon the information provided in your Listing. You understand and agree that once a Renter requests a booking of your RV, the price for such booking may not be altered without contacting customer service. To have your RV insured through Outdoorsy, your RV must first pass the Outdoorsy vehicle requirements certification and your RV must be inspected by a reputable vehicle garage every 90 days. Outdoorsy reserves the right to request inspection and service records as part of the insurance claims process. Insurance offers omitted for salvage title vehicles. Certification requirements can be found here: ([ https://www.outdoorsy.com/helparticle/what-does-vehicle-certification-mean-exactly ] )
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Renter use of, a RV in a Listing you post (i) comply with the RV Eligibility Policy, (ii) will not breach any agreements you have entered into with any third parties and (iii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any RV included in a Listing you post, including, but not limited to, insurance requirements, Driver and Vehicle Licensing Agency ("DVLA") regulations, zoning laws, and laws governing rentals and operation of RVs and (b) not conflict with the rights of third parties.
Please note that Outdoorsy assumes no responsibility for an Owner’s compliance with any applicable laws, rules and regulations and hereby excludes (to the maximum extent permitted by law) all liability in respect of any failures to comply with the same.
Outdoorsy is not responsible for any damages to an RV rented through our Services. Renter and Owner indemnify and will hold Outdoorsy harmless for any claims related to damages, injury, insurance claims, towing, service or repairs, tolls, fines, traffic violations and/or any other charges, payments and claims arising from the renting, use and/or operation of the RVs.
Outdoorsy reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Outdoorsy, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.
You understand and agree that Outdoorsy does not act as an insurer or as a contracting agent for you whether you are an Owner or a Renter. If a Renter requests a booking of an Owner's RV and uses the RV, any agreement entered into is between the Owner and the Renter, and Outdoorsy is not a party thereto. Notwithstanding the foregoing, Outdoorsy serves as the limited authorised agent of the Owner for the purpose of accepting payments from Renters on behalf of the Owner and is responsible for transmitting such payments to the Owner.
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your RV, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your RV. Any Member wishing to book RVs included in Listings with such requirements must meet these requirements; however, as noted below, we do not attempt to confirm or verify such information. More information on how to set such requirements is available via the “Owners” section of the Services.
If you are an Owner, Outdoorsy makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your RV. You acknowledge and agree that, as an Owner, you are responsible for your own acts and omissions.
Outdoorsy does not endorse any Members or any RVs. As an Owner, you choose to rent your RV to a Member at your own risk and liability. As a Renter, you choose to rent a RV from a Member at your own risk and liability.
In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity or other information provided by such Member. You are responsible for determining the identity and suitability of others who you contact via the Services. Except as provided by the Outdoorsy Terms and Conditions, we will not be responsible for any damage or harm resulting from your interactions with other Members.
By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Outdoorsy with respect to such actions or omissions.
Accordingly, we encourage you to communicate directly with other Members on the Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by an Owner against Outdoorsy regarding the remittance of payments received from a Renter by Outdoorsy on behalf of an Owner, which instead shall be subject to the limitations described in section 11 below.
If you are an Owner and a booking is requested for your RV via the Services, you may be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Outdoorsy in its sole discretion) or the booking request may be automatically canceled. When a booking is requested via the Services, we will share with you (i) the first and last name of the Renter who has requested the booking, and, (ii) a link to the Renter’s Outdoorsy Account profile page, so that you can view such information before confirming or rejecting the booking. If you are unable to confirm or decide to reject a booking of a RV within such 24 hour period, any amounts collected by Outdoorsy for the requested booking may be refunded to the applicable Renter’s credit card and any pre-authorisation of such credit card will be released. When you confirm a booking requested by a Renter, Outdoorsy will send you an email, text message or message via the Services confirming such booking, depending on the selections you make via the Services.
Each Owner hereby appoints Outdoorsy as the Owner’s limited agent solely for the purpose of collecting payments made by Renters on behalf of the Owner in accordance with these Terms.
Each Owner agrees that payment of RV fees made by a Renter to Outdoorsy shall be considered the same as a payment made directly to the Owner and the Owner will make the RV available to Renter in the agreed-upon manner as if the Owner has received the RV Fees. Each Owner agrees that Outdoorsy may, in accordance with the cancellation policy selected by the Owner and reflected in the relevant Listing, (i) permit the Renter to cancel the booking and (ii) refund to the Renter that portion of the RV Fees specified in the applicable cancellation policy. In accepting appointment as the limited authorised agent of the Owner, Outdoorsy assumes no liability for any acts or omissions of the Owner.
Please note that Outdoorsy does not currently charge fees for the creation of Listings. However, you acknowledge and agree that Outdoorsy reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings, or for other features of the Services. Please note that Outdoorsy will provide notice of any such additional fees via the Services, prior to implementing such fees.
The Owners, not Outdoorsy, are solely responsible for honoring any confirmed bookings and making available any RVs reserved through the Services. If you, as a Renter, choose to enter into a transaction with an Owner for the booking of a RV, you agree and understand that you will be required to enter into an agreement with the Owner and you agree to accept any terms, conditions, rules and restrictions associated with such RV imposed by the Owner. You acknowledge and agree that you, and not Outdoorsy, will be responsible for performing the obligations of any such agreements, that Outdoorsy is not a party to such agreements, and that, with the exception of its obligations hereunder to pay RV Fees to the applicable Owner, to the maximum extent permitted by law Outdoorsy disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Outdoorsy is not a party to the agreement between you and the Owner, Outdoorsy acts as the Owner’s payment agent for the limited purpose of accepting payments from you on behalf of the Owner. Upon your payment of amounts to Outdoorsy, which are due to the Owner, your payment obligation to the Owner for such amounts is extinguished, and Outdoorsy is responsible for remitting such amounts, less Outdoorsy’s Service Fees, to the Owner. In the event that Outdoorsy does not remit any such amounts to an Owner, such Owner will have recourse for such amounts only against Outdoorsy.
Listings for RVs will specify the Total Fees. As noted above, the Owner is required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Outdoorsy in its sole discretion) or the requested booking may be automatically canceled. If a requested booking is canceled (i.e. not confirmed by the applicable Owner), any amounts collected by Outdoorsy will be refunded to such Renter, depending on the selections the Renter makes via the Services, and any pre-authorisation of such Renter’s credit card will be released, if applicable.
You agree to pay Outdoorsy for any confirmed bookings made in connection with your Outdoorsy Account in accordance with these Terms by one of the methods described on the Site or Application – e.g. by cash or credit card. You hereby authorise the collection of such amounts by charging the credit card provided as part of requesting the booking directly by Outdoorsy. You also authorise Outdoorsy to charge the Renter’s credit card in the event of damage caused on a RV as contemplated under “Damage to RVs” below and for Security Deposits (as defined below), if applicable. Once a confirmed booking transaction is complete you will receive a confirmation email in Outdoorsy summarising the confirmed booking.
You agree that you may not use the Outdoorsy Services and then complete a booking of a RV transaction outside of the Outdoorsy Services in order to circumvent the obligation to pay any portion of Service Fees related to Outdoorsy provision of the Services. If you circumvent any portion of the Service Fees related to the Outdoorsy Software, Outdoorsy reserves the right to reject or deny the related transaction as (i) a valid transaction, (ii) no insurance coverage will be applied to the RV and, (iii) all other insurance coverages may be suspended and, (iv) Outdoorsy will have no responsibility nor obligation to the parties engaged in the transaction.
You agree to pay Outdoorsy for the Total Fees for any booking requested in connection with your Outdoorsy Account if such requested bookings are confirmed by the applicable Owner. In order to establish a booking pending the applicable Owner’s confirmation of your requested booking, you understand and agree that Outdoorsy, on behalf of the Owner, reserves the right, in its sole discretion, to (i) obtain a pre-authorisation via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one pound sterling (£1) to verify your credit card. Once Outdoorsy receives confirmation of your booking from the applicable Owner, Outdoorsy will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that Outdoorsy cannot control any fees that may be charged to a Renter by his or her bank related to Outdoorsy’s collection of the Total Fees, and Outdoorsy disclaims all liability in this regard.
Outdoorsy’s Owners customarily include a security deposit in their Listings (“Security Deposits”). For all Security Deposits included in a Listing for a confirmed booking of RV, Outdoorsy will, in its capacity as the payment agent of the Owner, use its commercially reasonable efforts to obtain a pre-authorisation of the Renter’s credit card in the amount the Owner determines for the Security Deposit within a reasonable time prior to the Renter’s check-in at the applicable Owner’s RV. Outdoorsy will also use its commercially reasonable efforts to address Owners’ requests and claims related to Security Deposits.
The amount of the Security Deposit is not covered by the RV Outdoorsy Policy. As a result, the Security Deposit may be used in respect of any damage to the RV or other loss to the Owner, howsoever caused and whether or not the Renter is at fault. For further information as to what will happen if there is damage or loss is set out in section 19 below.
In consideration for providing the Services, Outdoorsy will collect service fees from Owners ("Owner Service Fee") and Renters ("Renter Service Fee") (together the " Service Fees") and where applicable, VAT or other tax may also be charged in addition to the Service Fees
Renters will pay the fees displayed in the applicable Listing (the " Rental Fee"). The Rental Fee is comprised of the Renter Service Fees and the RV Fees as determined by the Owner (which may also include VAT or other applicable taxes). The RV Fees may include cleaning fees, security deposits, pre-paid fuel charges and other applicable charges, at the Owner’s discretion.
Outdoorsy will collect the Rental Fee at the time of booking confirmation (i.e. when the Owner confirms the booking which we require to be within 24 hours of the booking request) and will initiate payment of the RV Fees (less any Renter Service Fees) to the Owner two business days after the date upon which the Renter takes delivery of the applicable RV at the start of the rental period.
More information on Services Fees and RV Fees can be found in our Fees Policy at http://www.Outdoorsy.co/fees. Except as otherwise provided herein, Service Fees are non-refundable.
As a Member, by referring your friends to request a booking or create a Listing that receives a confirmed booking via the Site, you may participate in the“Referral Program”, which is a loyalty program we offer to our Members. If you choose to participate in the Referral Program, for each friend you refer to Outdoorsy for which a Qualifying Referral (defined below) is completed, you may be able to receive Outdoorsy RVing Credits (defined below) (each a “Referral Reward”). “Outdoorsy RVing Credits” are “reward points” that may be applied as credits toward future confirmed bookings made by Members via the Site.
In order to receive a Referral Reward, each of the following requirements must be met (collectively, a “Qualifying Referral”): (i) you must log in to your Outdoorsy Account on the Site and select either the “Invite Friends on Facebook” or “ Invite Friends on Twitter” link; (ii) you must share the link provided with friends, by copying and pasting the unique referral link generated via the Services, by sending the unique referral link generated via the Services in an email via the Services to your friends; or by using the other tools provided by Outdoorsy to share the unique referral link with friends; (iii) a friend who clicks the link on Facebook or Twitter or otherwise or clicks the link contained in the email must create an Outdoorsy Account and become a Member; and (iv) after becoming a Member, the friend must either request a booking of a RV which is confirmed by the applicable Owner or create a Listing which subsequently receives a confirmed booking via the Services with Total Fees of at least two hundred pounds sterling (£200) that is not subsequently cancelled. Please note that you may not be the Owner or the Renter for the booking to receive a Referral Reward.
Satisfaction of a Qualifying Referral and the Referral Reward you receive will be reflected in your Outdoorsy Account within a reasonable amount of time after the Qualifying Referral has been completed. The Referral Rewards you accrue will be displayed on your User Account page. Referral Rewards can be accrued solely by you and you may not earn Referral Rewards by permitting another individual to use your Outdoorsy Account. Referral Rewards accrued in multiple Outdoorsy Accounts may not be combined into one Outdoorsy Account. You may not earn Referral Rewards by creating multiple Outdoorsy Accounts. By acquiring Referral Rewards, you agree and acknowledge that Outdoorsy is granting you a limited, revocable licence to a digital item, and that Referral Rewards are not your personal property. You may not obtain any cash or money in exchange for Referral Rewards. Except as explicitly provided herein, Referral Rewards are non-transferable. Members are responsible for keeping track of the Referral Rewards in their Outdoorsy Accounts.
The “Services” include (a) the Site, (b) any specialty services offered to users such as the “Fleet Service”, (c) Outdoorsy vehicle information and related services, and (d) all mobile applications and other software (including the Software, as defined below), data, reports, text, images, sounds, video, and content from time to time made available through any of the foregoing (collectively referred to as the “Content”). The Fleet Service also includes (a) the GPS Service in the Dashboard. The “ Hardware” means Outdoorsy’s device that may be connected to your or your company’s vehicle in connection with the Services. Any updates or new features added to or augmenting the Service or the Hardware are also subject to these Terms; to keep the Software up-to-date, you agree that we may automatically provide you with such updates without your further consent or notice to you. NOTE THAT IN ORDER FOR THE SERVICES TO FUNCTION (INCLUDING EMERGENCY NOTIFICATION SERVICES), THE MOBILE DEVICE ONTO WHICH THE GPS APPLICATION IS INSTALLED MUST BE LOCATED IN THE VEHICLE ASSOCIATED WITH YOUR SERVICES AND THE HARDWARE MUST BE PROPERLY INSTALLED IN YOUR VEHICLE. THE MOBILE DEVICE MUST ALSO HAVE ADEQUATE NETWORK AND DATA SERVICE IN THE LOCATION WHERE NEEDED.
Outdoorsy uses reasonable security measures to protect the data we receive via the Services and Hardware. However, we cannot guarantee that third parties will never defeat our security measures. You acknowledge that you are using the Services and Hardware and sharing information at your own risk.
The Services includes certain services that are available via a mobile device, including (i) the ability to upload data to the Services via a mobile device, (ii) the ability to browse the Services and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your GPS device, you agree to promptly update Outdoorsy to ensure that your messages are not sent to the person that acquires your new device.
Unless otherwise expressly authorised herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the GPS Service, use of the GPS Service, or access to the GPS Service. The GPS Service is for your personal use, or the use of your company.
The failure of Outdoorsy to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you or your company and Outdoorsy, even though it is electronic and is not physically signed by you and Outdoorsy, and it governs your use of the Services and Hardware and takes the place of any prior agreements between you and Outdoorsy related to the subject matter hereof. If you are using our GPS Service on behalf of a business, that business accepts these terms.
Please note that we reserve the right in our sole discretion to refuse to hire out an RV at any time and for any reason (even if the above conditions have been met).
As part of the Outdoorsy renter verification program, you will be asked to provide (i) a valid Driver’s Licence Number, Country of Issue, your Name and Address, (ii) DOB, (iii) SSN, (iv) verification of at least 3 years driving experience, (v) completion of the renter questionnaire, (vi), your international drivers permit and a valid Passport (for international renters). Please note that we reserve the right in our sole discretion to amends this criteria of the renter verification program from time to time.
As the Renter of an RV, you are responsible for leaving the RV in the condition it was in when you picked up the RV. You acknowledge and agree that, as a Renter, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to the RV.
In the event that a RV Owner claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, you agree that unless you have made a valid objection to the RV Owner's claim, (which Outdoorsy in its absolute discretion has upheld) the payment will be charged to and taken from the credit card on file in your Outdoorsy Account. You agree that you will hold Outdoorsy and its affiliates harmless and that Outdoorsy and its affiliates have no responsibility for any damages that you cause to an Owner's RV or to any person. Outdoorsy also reserves the right to charge the credit card on file in your Outdoorsy Account, or otherwise collect payment from you and pursue any avenues available to Outdoorsy in this regard, including using Security Deposits, in situations in which you have been determined, in Outdoorsy’s sole discretion, to have damaged the RV, including, but not limited to, in relation to any payment requests made by RV Owner, and in relation to any payments made by Outdoorsy to RV Owners. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the RV to the applicable RV Owner or to Outdoorsy (if applicable). If a vehicle has been damaged during the rental period and the damage occurred as a result of vandalism or there is a suspicion of vandalism, a police report must be filed by the owner of the damaged vehicle before an insurance claim can be processed.
Both Renter and RV Owner agree to cooperate with and assist Outdoorsy in good faith, and to provide Outdoorsy with such information and take such actions as may be reasonably requested by Outdoorsy, in connection with any complaints or claims made by Members relating to RVs or any personal or other property located at a RV or with respect to any investigation undertaken by Outdoorsy or a representative of Outdoorsy regarding use or abuse of the Site, Application or the Services. If you are a Renter, upon Outdoorsy’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a RV Owner, at no cost to you, which process will be conducted by Outdoorsy or a third party selected by Outdoorsy with respect to losses for which the RV Owner is requesting payment from Outdoorsy under these terms.
Further details regarding claims can be found at https://www.outdoorsy.com/help/how-do-i-file-a-claim and https://www.outdoorsy.com/help/what-claims-are-not-covered
If, as a Renter, you cancel your requested booking before the requested booking is confirmed by an Owner, Outdoorsy will cancel any pre-authorisation to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Renter, you wish to cancel a confirmed booking made via the Services, either prior to or after arriving at the RV, the cancellation policy of the Owner contained in the applicable Listing will apply to such cancellation. Our ability to refund the RV Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available on the Site.
If an Owner cancels a confirmed booking made via the Services, (i) Outdoorsy will refund the Total Fees for such booking to the applicable Renter within a commercially reasonable time of the cancellation and (ii) the Renter may receive an email or other communication from Outdoorsy containing alternative Listings and other related information. If the Renter requests a booking from one of the alternative Listings and the Owner associated with such alternative Listing confirms the Renter’s requested booking, then the Renter agrees to pay Outdoorsy the Total Fees relating to the confirmed booking for the RV in the alternative Listing, in accordance with these Terms. If an Owner canceled a confirmed booking and you, as a Renter, have not received an email or other communication from Outdoorsy, please contact our support team via a support ticket.
The Owner is responsible for paying all tax arising from and out of the RV Fees and the Owner shall indemnify, keep indemnified and hold harmless Outdoorsy and its affiliates from and against any and all liabilities, costs, expenses (including reasonable professional costs), damages and claims suffered or incurred by Outdoorsy in respect of any claims arising from HMRC due to the Owners failure to make such payments.
You understand and agree that you are solely responsible for compliance with any and all laws, rules and regulations that may apply to your use of the Services and Content. In connection with your use of our Services, you may not and you agree that you will not:
● use the Services in any unlawful manner for any unlawful purpose, or in any manner inconsistent with any applicable laws, codes or regulations;
● 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;
● use the Services for any commercial or other purposes that are not expressly permitted by these Terms;
● copy, store or otherwise access any information contained on the Services or Content for purposes not expressly permitted by these Terms;
● infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
● interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
● use our 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 or credit, debit, calling card or account numbers;
● use our Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
● “stalk” or harass any other user of our Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Outdoorsy Renter or Owner;
● offer, as an Owner, any RVs that you do not yourself own or have permission to rent;
● offer, as an Owner, any RV that may not be rented pursuant to the terms and conditions of an agreement with a third party;
● register for more than one Outdoorsy Account or register for an Outdoorsy Account on behalf of an individual other than yourself;
● contact an Owner for any purpose other than asking a question related to a booking such Owner’s RVs or Listings;
● contact a Renter for any purpose other than asking a question related to a booking or such Renter’s use of the Site, Application and Services;
● when acting as a Renter or otherwise, recruit or otherwise solicit any Owner or other Member to join third party services or websites that are competitive to Outdoorsy, without Outdoorsy’s prior written approval;
● use automated scripts to collect information or otherwise interact with the Services;
● use the Services to find an Owner or Renter and then complete a booking of a RV transaction independent of the Services in order to circumvent the obligation to pay any Service Fees related to Outdoorsy’s provision of the Services;
● as an Owner, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
● post, upload, publish, submit or transmit any Content that, in Outdoorsy’s sole judgment: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
● systematically retrieve data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
● use, display, mirror or frame the Services, or any individual element within the Services, Outdoorsy’s name, any Outdoorsy trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Outdoorsy’s express written consent;
● access, tamper with, or use non-public areas of the Services, Outdoorsy’s computer systems, or the technical delivery systems of Outdoorsy’s providers;
● attempt to probe, scan, or test the vulnerability of any Outdoorsy system or network or breach any security or authentication measures;
● avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Outdoorsy or any of Outdoorsy’s providers or any other third party (including another user) to protect the Services or Collective Content;
● forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Collective Content to send altered, deceptive or false source-identifying information;
● attempt to scrape assets and content from the website;
● attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Collective Content; or
● advocate, encourage, or assist any third party in doing any of the foregoing.
Outdoorsy will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Outdoorsy may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. Outdoorsy is entitled, where required by law or judicial or regulatory authorities, to provide personal data relating to any Member to any credit reference agencies, HM Revenue & Customs, the police, debt collection agents and/or any other relevant organisation. You acknowledge that Outdoorsy has no obligation to monitor your access to or use of the Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, and/or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Outdoorsy reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Outdoorsy, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.
[Based on underwriting criteria set by our insurer, insurance is conditioned on the Renter and designated drivers passing a driver’s license check with the Driver and Vehicle Licensing Agency database, as managed by MyLicense and conducted by Outdoorsy, and that such check may include checking for criminal convictions and other motor vehicle offenses.] [Note: Subject to review / further advice from PM]
The Services and Collective Content are protected by copyright and any equivalent laws of foreign countries. You acknowledge and agree that the Services and Collective Content, including all associated intellectual property rights is the exclusive property of Outdoorsy and its licensors and the rights in the Services and Collective Content are licensed (not sold) to you. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Collective Content. You have no intellectual property rights in or to, the Services or the Collective Content other than the right to use them in accordance with these Terms.
Subject to your compliance with these Terms, Outdoorsy grants you a personal, non-exclusive, non-transferable, revocable licence, to (i) access and view any Outdoorsy Content solely for your personal and non-commercial purposes and (ii) access and view any Member 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.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services or Collective Content, except as expressly permitted in these Terms. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Outdoorsy or its licensors, except for the licences and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to Outdoorsy a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Services or otherwise. Outdoorsy does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Services or you have all rights, licences, consents and releases that are necessary to grant to Outdoorsy the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Outdoorsy’s use of the Member Content (or any portion thereof) on, through or by means of the Services or otherwise will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The RV Outdoorsy Policy is provided for the benefit of Outdoorsy and its Members. The Outdoorsy RV Policy includes liability, comprehensive and collision insurance coverage only for renters during the rental period for rentals that are transacted through the Outdoorsy software and only where renters have successfully passed a DVLA verification and where the vehicle meets the certifications and requirements stipulated in the listing process, and the maintenance and inspection schedule. In addition, insurance coverage is only made available to verified users where use of the Outdoorsy Services and the full and complete booking of a rental transaction is transacted through the Outdoorsy system. Any Owner who transacts any portion of rental outside of the Outdoorsy Services, such transaction will be denied insurance protection. If any Owner circumvents any portion of Outdoorsy or Outdoorsy Service Fees, Outdoorsy reserves the right to reject or deny insurance coverage across all vehicles under management by the Owner or Agency, and all related transactions will be deemed invalid for insurance coverage, and Outdoorsy will have no responsibility or obligation to provide insurance coverage to any of the parties. Rentals are only insured in [Great Britain, Northern Ireland, the Isle of Man and the Channel Isles; Any member country of the European Union; Iceland, Norway, Switzerland, Monaco, Lichtenstein and San Marino]. Vehicles used in the sport or activity of driving through rough terrain are considered to be used in off-roading activity and are not insured.
Unless otherwise stipulated in the Outdoorsy RV Policy, the Renter is responsible for all damage to the RV, missing equipment, down time, and the RV owner’s administrative expenses connected with loss irrespective of the cause of damage or loss or the negligence or lack thereof of Renter. Renter is responsible for loss due to theft of the RV. Renter is responsible for all damages due to vandalism of the RV. When accepting the RV, Renter and Agency or Owner will complete a Walk-Through report of the RV, noting in writing any and all defects or damage to the RV prior to Renter’s acceptance of same.
Upon return of the RV, the Owner will be given a reasonable amount of time to inspect the RV and will note any and all defects or damage to the vehicle. The initial walk-through upon return is not the final inspection. Outdoorsy is not responsible for personal property left in the RV. All defects and/or damage to the RV noted in the return inspection which are not noted on the Walk-Through report completed by Renter and Owner when accepting the RV shall be the sole responsibility of Owner and Renter, and Renter shall reimburse the Owner for the cost of the repair. To the extent that the security deposit actually paid to the Owner is insufficient to cover the costs incurred by Renter, Renter will make immediate payment to Owner upon demand. Owner must report all accidents or incidents of theft or vandalism to the police as soon as Owner discovers them and provide a copy of the police report to Outdoorsy. Renter must report all accidents involving the rental to Owner within 24 hours of occurrence and provide a copy of the accident report to Outdoorsy and the Owner.
The insurer of the RV Outdoorsy Policy pays Outdoorsy a percentage commission of the [premium] paid.
The payment we receive for the RV Outdoorsy Policy will be held by Outdoorsy on behalf of the insurer as their agent. This means that any payment of premium we receive (or any premium refund) will be regarded as having been paid to the insurer.
Outdoorsy is an appointed representative for insurance mediation activities of Resolution Compliance Limited which is authorised and regulated by the Financial Conduct Authority.
Renter acknowledges and agrees that any drivers of the RV must:
· be approved through Outdoorsy's renter verification program;
· must hold a current, valid (non-temporary) UK driver’s licence that permits the driver to drive the RV, and the driver must present their licence to the Owner at the start of the rental;
· be able to demonstrate at least three years of current, U.K.-licensed driving history;
· not be a professional sportsperson, a member of the entertainment profession, or a model;
· not have been involved in more than three accidents in the last three years nor had more than two theft claims in the last three years;
· not hold the following convictions on their licences: UT50, CD40, CD50, CD60,CD70, CD71, DD40, DD60, DD80, DR10, DR20, DR30,DR31, DR40, DR50, DR60, DR61, DR70, DR80 or DR90; and
· must not have been disqualified for a period exceeding six months in the last three years nor been disqualified for a period exceeding three months during the past year.
Renters acknowledge that recreational rentals can be very large and handle differently from passenger cars. The RV requires more skill and expertise to operate safely than a passenger car rental. The RV requires more clearance above, in front of, behind, and beside it 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 road. Due to size and handling characteristics, the RV shall not be operated at speeds in excess of 55 miles per hour regardless of the posted speed limit.
Renter and Owner represent and warrant that any person who operates the RV will have passed Outdoorsy's rental verification program and will have the skill and expertise to operate the RV safely and free from negligence. Renter acknowledges that the qualifications of any driver of the RV are solely at the discretion and risk of Renters and that Outdoorsy has not evaluated the skill and expertise of any such driver.
Renter acknowledges that Outdoorsy has no control over the number of passengers a Renter may allow into the RV or the conduct of those occupants while the RV is being operated. Therefore, Renter acknowledges that Renter is solely responsible for the passengers on board the RV as well as the conduct of those passengers, and Renter and Owner shall confirm that both driver and passengers are properly using seat belts while the RV is in motion.
All RVs may only be used on those public roads and highways that have sufficient width and clearance to allow the RV to be operated safely and without damage. Under no circumstances may the RV be operated in rugged terrain or used in the sport or activating of off-roading. If Owner provides a driver for the RV, Renter remains responsible for all damage to the RV, missing equipment, down time, and Owner’s administrative expenses connected with damage regardless of whether or not Renter or the driver is at fault. Any violation of these terms will result in loss of insurance coverage.
Under no circumstance shall:
· The Renter allow anything to be towed behind the RV unless specified.
· The awning be unrolled or used without Owner approval.
· Anyone occupy any towed RV while it is in motion.
Renter is exclusively responsible for the RV, and all financial and other consequences of your use of it (including fuel costs, road toll charges, congestion charges, traffic offence penalties, parking offence penalties, clamping fees, breakdown charges and recovery fees and all sums payable under the Cancellation Policy), and other charges issued during Renter’s contractual possession of the RV.
In the event that an Owner receives a notice of a speeding offence committed during the Renter’s contractual possession of the RV they shall be obliged to pass on the Renter's details to the police. The Renter shall be exclusively responsible for paying all fines arising from such activity.
Owners are responsible for inspecting brakes, tyres and LP gas or other energy systems every 90 days and shall keep maintenance records affirming that these systems are inspected at a minimum of each 90 days. Tyres must be at fifty percent (50%) tread wear or greater for each RV. Owners and Renters are responsible for inspecting all fluid levels, including oil and coolant levels at each refueling. Owners and Renters are also responsible for checking air tyre pressure, lug nuts and wheels at each refueling and are responsible for mechanical damages due to negligence in operation and/or maintenance.
All liability for damages relating to a delivered RV begins when the RV leaves the Rental Agency or Owners place of origin and ends when the RV is re-turned to the RV owner’s place of origin. This includes tyre blowout, damage to the RV, or property of the facility where the RV is delivered and/ or picked up.
Owners shall always have superior right of possession of the RV over Renter. In the event that the Owner’s officers or employees, in their sole and absolute discretion, determine that the RV is at risk of damage or loss, the RV owner shall have the absolute right, but not the obligation, to recover the RV from Renter regardless of the amount of time remaining in the Rental Agreement. In the event Owner recovers a RV 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.
Renter agrees not to drive in a careless or negligent manner while driving a RV, nor drive while under the influence of alcohol or drugs, nor permit operation of the RV by any person except those signed to the Outdoorsy Rental Agreement. Renter further agrees not to use, or permit use of the RV for unlawful purposes. Renters will indemnify, keep indemnified and hold Outdoorsy and its affiliates harmless from any and all claims, liabilities, actions, damages, costs, expenses (including reasonable professional costs) and fines and penalties incurred during the rental period caused directly or indirectly by negligence, misuse or carelessness.
Renter further agrees to indemnify, keep indemnified and hold harmless Outdoorsy from and against any and all claims, liabilities, actions, damages, costs, expenses (including reasonable professional costs) and claims for loss of, or damage to property, or injury to person, including death, (whether direct, indirect or consequential and whether economic or other) resulting from the use and operation of the rented RV
Unless prohibited by law, you release Outdoorsy from any liability for any indirect and consequential losses suffered in connection with this RV or the reservation of a vehicle.
Renter shall indemnify, keep indemnified and hold harmless, RV owners, Rental Agencies and Outdoorsy and its authorised agents and employees from and against all claims, liabilities, actions, damages, costs, expenses (including reasonable professional costs), (whether direct, indirect or consequential and whether economic or other) arising from the rental of the RV during rental possession extending to such time use is finalised and cleared by the RV owner or Rental Agency, including without limitations, latent and other defects whether or not discoverable by you or RV owner or Rental Agency. This indemnity shall continue in effect at all times despite the return of the RV before or after expiration of the contract terms whether by formal request from RV owner or otherwise. It is agreed and understood that the RV owner, Agency and Outdoorsy may control the defence of any such claim. Any violation of these terms will result in denial of insurance coverage.
The Services may contain links to third-party websites or resources. You acknowledge and agree that Outdoorsy is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Outdoorsy of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
All trademarks, service marks, logos, trade names and any other proprietary designations of Outdoorsy used herein are trademarks or registered trademarks of Outdoorsy. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback through our support portal via a support ticket. You acknowledge and agree that all Feedback will be the sole and exclusive property of Outdoorsy and you hereby irrevocably assign to Outdoorsy and agree to irrevocably assign to Outdoorsy all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Outdoorsy’s request and expense, you will execute documents and take such further acts as Outdoorsy may reasonably request to assist Outdoorsy to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Outdoorsy respects copyright law and expects its users to do the same. It is Outdoorsy’s policy to terminate in appropriate circumstances the Outdoorsy Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Services, and (b) deactivate or cancel your Outdoorsy Account. Upon termination, we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you.
In the event Outdoorsy terminates these Terms, or your access to our Services or deactivates or cancels your Outdoorsy Account you will remain liable for all amounts due hereunder.
You may cancel your Outdoorsy Account at any time by contacting us via a support ticket. Please note that if your Outdoorsy Account is canceled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT OUTDOORSY DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, RENTERS AND OWNERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES, COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WITHOUT LIMITING THE FOREGOING, OUTDOORSY EXPLICITLY DISCLAIMS ANY WARRANTIES OF SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
OUTDOORSY MAKES NO WARRANTY THAT THE SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY RVS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. OUTDOORSY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, RVS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OUTDOORSY OR THROUGH THE SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR RENTERS. YOU UNDERSTAND THAT OUTDOORSY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR INSPECT ANY RVS.
OUTDOORSY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RENTERS AND OWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANISED BY OUTDOORSY.
NOTWITHSTANDING OUTDOORSY’S APPOINTMENT AS THE LIMITED AGENT OF THE OWNERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM RENTERS ON BEHALF OF THE OWNERS, OUTDOORSY EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF AND USE OF ANY RVS VIA THE SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SERVICES WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER OUTDOORSY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES AND/OR, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSSES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS, (II) FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT, OR (III) FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, OR (IV) FROM YOUR LISTING, BOOKING, OR USE OF ANY RV VIA THE SERVICES, IN EACH CASE WHETHER CAUSED BY TORT (INCLUDING OUR NEGLIGENCE), BREACH OF CONTRACT, BREACH OF STATUTORY DUTY OR OTHERWISE, PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT OUTDOORSY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE OWNERS PURSUANT TO THESE TERMS, IN NO EVENT WILL OUTDOORSY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING, BOOKING OR USE OF ANY RV VIA THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY RV OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A RENTER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE AN OWNER, THE AMOUNTS PAID BY OUTDOORSY TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED POUNDS STERLING (£100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OUTDOORSY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS WILL OPERATE TO EXCLUDE OR RESTRICT OUTDOORSY'S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE OR FOR FRAUD.
You agree to release, defend, indemnify, keep indemnified and hold Outdoorsy and its affiliates and subsidiaries, and their 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 (a) your access to or use of the Services or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of a RV, (iii) creation of a Listing or (iv) the condition of a RV by you.
If you interact with another user of the Services who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Outdoorsy by contacting us with your police station and report number via a support ticket; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between Outdoorsy and you regarding the Services, Collective Content, and any bookings or Listings of RVs made via the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Outdoorsy and you regarding the foregoing.
You may not assign or transfer these Terms, by operation of law or otherwise, without Outdoorsy’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.
Outdoorsy may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Outdoorsy (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms shall be governed by and interpreted in accordance with the laws of England. The courts of England shall have exclusive jurisdiction in respect of any claim or dispute which may arise in connection with these Terms or in connection with and/or arising from any use of the Site.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to ADR Group via their website at http://www.consumer-dispute.co.uk. ADR Group will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
You acknowledge and accept that the controls, benefits, rights, licences and indemnities granted to us under these Terms are also granted to each member of our Group.
If there is any breach of, or liability in connection with these Terms (whether in contract (including under any indemnity), in tort (including negligence), under statute or common law (or equivalent in any jurisdiction)) which results in loss, damage, costs or expenses being incurred by a member of our Group, that loss shall be deemed to be our loss and recoverable from you under these Terms.
Any limitations and exclusions of liability in these Terms for our benefit shall apply to our entire Group except that any financial cap on our liability shall apply in aggregate across our entire Group.
The failure of Outdoorsy to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Outdoorsy. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where stated otherwise in these Terms, no other person shall have any rights to enforce any of its terms. These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.
If you have any questions about these Terms, please contact Outdoorsy by telephoning our customer service team at +44 (800) 368-8399or by writing to us at firstname.lastname@example.org or 152-160 City Road, London, United Kingdom, EC1V 2NX
If you have any questions or complaints about the Services or the Site, please contact us. You can telephone our customer service team at +44 (800) 368-8399or write to us at email@example.com or 152-160 City Road, London, United Kingdom, EC1V 2NX