5. Prohibited Uses. In addition to Rental Policies listed above, which you should carefully review, the following uses of the Vehicle are prohibited and are breaches of this Agreement. The Vehicle shall not be used:
(a) by anyone who is not an Authorized Driver, or by anyone whose driving license is suspended in any jurisdiction;
(b) by anyone under the influence of any drug or alcohol;
(c) by anyone who obtained the Vehicle or extended the rental period by giving us false, fraudulent or misleading information, or who withheld information that would have caused us not to rent the Vehicle;
(d) in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law other than a minor traffic violation;
(e) to carry persons or property for hire;
(f) to push or tow anything, to teach anyone to drive, or to carry objects on the roof of the Vehicle;
(g) in any race, speed test or contest;
(h) to carry dangerous or hazardous items or illegal material;
(i) outside the United States, Canada or the geographic area indicated elsewhere in this Agreement;
(j) when loaded beyond its capacity as determined by the manufacturer of the Vehicle;
(k) on unpaved surfaces, except at licensed public campgrounds and well maintained and graded service roads;
(l) to transport more persons than the Vehicle has seat belts, or to carry persons outside the passenger compartment;
(m) to transport children without approved child safety seats as required by law;
(n) when the odometer has been tampered with or disconnected;
(o) when the Vehicle’s fluid levels are low, or it is otherwise reasonable to expect you to know that further operation would damage the Vehicle;
(p) in a manner that causes damage to the Vehicle due to inadequately secured cargo;
(q) after an accident with the Vehicle unless and until you summon the police to the accident scene;
(r) to transport any unapproved or undisclosed animals.
(s)Sitting, standing or lying on the roof of the Vehicle is prohibited.
6. Insurance. You are responsible for all damage or loss you cause to others. You agree to provide auto liability, collision and comprehensive insurance covering you, us, and the Vehicle. Where State law requires us to provide auto liability insurance, or if you have no auto liability insurance, we provide auto liability insurance (the “Policy”) that is secondary to any other valid and collectible insurance whether primary, secondary, excess or contingent. The Policy provides bodily injury and property damage liability coverage with limits no higher than minimum levels prescribed by the financial responsibility laws of the State whose laws apply to the loss. You and we reject PIP, medical payments, no-fault and uninsured and under-insured motorist coverage, where permitted by law. Coverage is void if you violate the terms of this Agreement or if you fail to cooperate in any loss investigation conducted by us, or our insurer. The Policy does not cover losses caused by drivers of the Vehicle who are not Authorized Drivers.
7. Charges. You will pay us, or the appropriate government authorities, on demand all charges due us under this Agreement, including: (a) time and mileage for the period you keep the Vehicle, or a mileage charge based on our experience if the odometer is tampered with; (b) optional products and services you purchased; (c) fuel, if you return the Vehicle with less fuel than when rented; (d) applicable taxes; (e) all parking, traffic and toll violations, citations, fines, penalties, forfeitures, court costs, towing and storage charges and other expenses involving the Vehicle assessed against us or the Vehicle; (f) all costs, including pre- and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing or defending our rights under this Agreement; (g) a 2% per month late payment fee, or the maximum amount allowed by law, on all amounts paid after payment is due; (h) $50, plus $5/mile for every mile between the renting location and the place where the Vehicle is returned, repossessed or abandoned, plus any additional recovery expenses we incur; (i) $50 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; and (j) a reasonable fee not to exceed $350 to clean the Vehicle if returned substantially less clean than when rented.
8. Security Deposit. We may use your security deposit to pay all rental charges owed to us under this Agreement. Your liability is not limited by the amount of the Security Deposit. You are responsible for the full amount of all rental charges incurred or damages caused in addition to the Security Deposit.
9. Your Property. You release us, our agents and employees from all claims for loss of, or damage to, your personal property or that of any other person, that we received, handled or stored, or that was left or carried in or on the Vehicle or in any service vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.
10. Breach of Agreement. The acts listed in paragraph 5, above, are prohibited uses of the Vehicle and breaches of this Agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement.
11. Modifications. No term of this Agreement can be waived or modified except by a writing that we have signed. If you wish to extend the rental period, you must return the Vehicle to our rental office for inspection and written amendment by us of the due-in date. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void.
12. Waiver. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement.
13. No Consequential, Special, or Punitive Damages as to Rocky Mountain Campervans. Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle.
14. Severability. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.
15a. Colorado Based Rentals: Governing Law, Exclusive Jurisdiction in Colorado and Attorney’s Fees. This Agreement shall be governed by, construed, and enforced under the laws of Colorado, without regard to its conflict of laws principles. The parties agree that the sole and exclusive jurisdiction for the resolution of any disputes, claims, or actions of any kind arising under this Agreement or related to this Agreement shall be in the state or federal courts located in the City and County of Denver, CO, and each party hereby consents to the exclusive jurisdiction of those court for the purposes of any such proceedings. The parties further agree that the prevailing party in any legal proceeding to resolve any disputes, claims, or actions of any kind arising under this Agreement or related to this Agreement shall be entitled to recover its reasonable costs and attorneys’ fees from the non-prevailing party Exclusive Jurisdiction in Colorado. The parties agree that the sole and exclusive jurisdiction for the resolution of any disputes, claims, or actions of any kind arising under this Agreement or related to this Agreement shall be in the state or federal courts located in the City and County of Denver, CO, and each party hereby consents to the exclusive jurisdiction of those court for the purposes of any such proceedings. The parties further agree that the prevailing party in any legal proceeding to resolve any disputes, claims, or actions of any kind arising under this Agreement or related to this Agreement shall be entitled to recover its reasonable costs and attorneys’ fees from the non-prevailing party.
15b. Nevada Based Rentals: Governing Law, Exclusive Jurisdiction in Nevada and Attorney’s Fees. This Agreement shall be governed by, construed, and enforced under the laws of Nevada without regard to its conflict of laws principles. The parties agree that the sole and exclusive jurisdiction for the resolution of any disputes, claims, or actions of any kind arising under this Agreement or related to this Agreement shall be in the state or federal courts located in the City of Las Vegas in Clark County Nevada, and each party hereby consents to the exclusive jurisdiction of those court for the purposes of any such proceedings. The parties further agree that the prevailing party in any legal proceeding to resolve any disputes, claims, or actions of any kind arising under this Agreement or related to this Agreement shall be entitled to recover its reasonable costs and attorneys’ fees from the non-prevailing party Exclusive Jurisdiction in Nevada. The parties agree that the sole and exclusive jurisdiction for the resolution of any disputes, claims, or actions of any kind arising under this Agreement or related to this Agreement shall be in the state or federal courts located in the City of Las Vegas in Clark County Nevada, and each party hereby consents to the exclusive jurisdiction of those court for the purposes of any such proceedings. The parties further agree that the prevailing party in any legal proceeding to resolve any disputes, claims, or actions of any kind arising under this Agreement or related to this Agreement shall be entitled to recover its reasonable costs and attorneys’ fees from the non-prevailing party.