TERMS AND CONDITIONS

FLY2RV, LLC is a third-party intermediary that facilitates RV Rental Agreements by providing an online marketplace that connects “Rental Dealers” of RVs listed on our website www.FLY2RV.com . (the “Site”) with FLY2RV “Members” seeking to book and rent those RVs (the “Services”). These terms and conditions constitute a legally binding agreement between you and FLY2RV, LLC hereinafter, (“FLY2RV” “we,” “us,” or “our”) governing your use of the Services and Site (“Terms”). Rental Dealers are encouraged to review the Rental Dealer Terms before listing on FLY2RV, and Members are encouraged to review the Member Terms, both of which are incorporated hereinto by reference. By accessing and/or using this Site, you accept and agree to be bound by these Terms. You are not permitted to use the Site or Services unless you agree to these Terms. Your use of the Site constitutes acceptance of these Terms so please read them closely.

Services Provided by FLY2RV, LLC

Rental Dealers submit information to FLY2RV, LLC about their rental RVs. FLY2RV, LLC creates listings on behalf of Rental Dealers, and handles all rental inquiries on behalf of Rental Dealers. Members may learn about and book RVs using our Services. Once a connection has been facilitated by FLY2RV, LLC the rental agreement takes place directly between the Rental Dealer and Member.

FLY2RV, LLC does not own, rent, re-rent, or otherwise control the RVs listed on the Site. FLY2RV, LLC simply connects Rental Dealers and Members looking to book and rent RVs. Accordingly, you understand and agree that FLY2RV, LLC is not a party to any agreements entered into between Rental Dealers and Members, nor is FLY2RV, LLC an insurer. FLY2RV, LLC has no control over the conduct of Rental Dealers, Member, and third-party service providers and disclaims all liability for claims or damages arising from or related to Rental Dealer, Member, or third-party service providers’ conduct.

Modifications and Changes

FLY2RV, LLC reserves the right, at its sole discretion, to modify the Services or to modify these Terms 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. By accessing the Site or using the Services after we have posted a modification on the Site or have provided you with other notice of a modification, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to stop accessing the Site and using the Services.

Disclosure of Personal Information.

We may disclose your Personal Information and any other information we collect about you:

  • When required to do so by law, for example, in response to a court order or a subpoena;
  • To law enforcement agencies or other public agencies (including schools or child services) in response to their request(s) or if we believe that such disclosure may prevent the instigation of a crime;
  • As we deem necessary to protect the Site, our Users (including you), our property and our personnel, including as necessary to enforce the Terms; and
  • To a prospective purchaser of FLY2RV, LLC acquiring all or most of the assets relating to FLY2RV, LLC to the extent permitted by laws.
  • We may disclose to third parties certain aggregate information contained in your Member profile or account or other aggregated, anonymous information (such as that collected automatically) as we deem appropriate for our internal business purposes, including improving the Site and adding or modifying features.

Opting Out.

If you want to review, delete, or modify any of your Personal Information, or if you want to stop receiving promotional or commercial communications from us, you may do so by contacting us at bookings@fly2rv.com. Please be sure to clearly indicate your contact and data privacy preferences. Also, please include the email address you used with the Site and/or provided the information to help us verify your request. You may notify us about your preferences at any time by email.

Security.

We use reasonable technological and procedural measures to protect the Personal Information you provide. We take protection of your Personal Information seriously; however, we cannot guarantee the safety or privacy of your Personal Information. You acknowledge, agree and understand that communication via the Internet, and security measures in connection with such communication, are not failsafe or foolproof, and there is always a possibility that data, including Personal Information, may be lost or intercepted by unauthorized parties during such transmission or after receipt. You agree that FLY2RV, LLC has no liability whatsoever in connection with such lost or intercepted data. To learn more about how to protect yourself online, we encourage you to visit the website www.onguardonline.gov.

Our Policy Toward Children
You’re certainly welcome to take your kids along on your trip, but the Site and Services are not directed to individuals under the age of 25. In order to adhere to the Children’s Online Privacy Protection Act, we will not knowingly collect any Personal Information from individuals under 13. If a parent or guardian becomes aware that his or her child has accessed the Site or provided us with Personal Information without the parent’s or guardian’s consent, he or she should contact us. If we become aware that a child under 13 has provided us with Personal Information, we will remove such information from our files. By using this Site, you represent and warrant to us that you are permitted under the applicable rules, regulations, statutes, agency or court decisions or other acts of government to access this Site.

Use of the Services

Members
When you rent a RV through the Site, you warrant and represent the following:

  • You hold a current, valid (non-temporary) U.S. issued driver’s license, or, if you hold a foreign-issued driver’s license, you can provide your passport and a photograph of your foreign license.
  • You are at least 25 years of age.
  • You have been a U.S. or foreign-licensed driver for at least three years.
  • You understand that RVs require more skill and expertise to operate safely than a passenger car, that a RV requires more clearance above, in front of, behind, and beside it to operate safely, and you must use mirrors and direct visual verification to maintain knowledge of the location of adjacent vehicles and obstacles on the roadway.

And, you agree to the following:

  • You will provide complete and accurate Personal Information (including your Driver’s License information) for use of the Services, as well as for DMV Verification.
  • If you have two or more major moving violations or any DUIs on your record, FLY2RV, LLC may prohibit you from booking a RV through the Services. If you fail the DMV check you will receive a full refund from FLY2RV, LLC.
  • You are solely responsible for the passengers on board your RV as well as the conduct of those passengers, and you will confirm that both the driver and passengers are properly using seat belts while the vehicle is in motion.
  • You will comply with Rental Dealer’s policies and rental agreements, including for rental liability, damage to RVs, maintenance and breakdown, right of possession, hauling and delivery, and other general requirements.

Rental Dealers
When you list a RV on the Site, you represent and warrant the following:

  • The information you provide about the RV to be listed is truthful and accurate, including, but not limited to, the value, location, size, features, availability, pricing, and add-ons offered. Members will be able to rely on the information in your listing when booking and using your RV via the Site and Services.
  • Any listing created by you or on your behalf (i) is complete and accurate, including with respect to the characteristics of your RV; (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 vehicle included in a listing you request, including, but not limited to, insurance requirements, Department of Motor Vehicle regulations, zoning laws, and laws governing rentals and operation of RVs and (b) not conflict with the rights of third parties.

And, you agree to the following:

  • Your listings may be made publicly available on the Site. By creating a listing, you grant FLY2RV, LLC a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your listing content in connection with the Services and to promote your listing, or the Services in general, in any formats and through any channels, including across any FLY2RV, LLC or third-party website or advertising medium. We claim no Rental Dealer rights in your content.
  • You are responsible for any and all listings created by you or on your behalf, and it is your responsibility to check the accuracy of all such listings.
  • FLY2RV, LLC does not act as an insurer or as a contracting agent for you as a Rental Dealer. If a member requests a booking of your RV and uses your RV, any agreement you enter with the Member is between you and the Member and FLY2RV, LLC is not a party thereto.
  • You are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors, including any applicable taxes to be collected or obligations relating to applicable taxes in your listing(s). FLY2RV, LLC does not offer tax-related advice.
  • You agree to approve or deny a RV Booking request within 24 hours of receiving such request from FLY2RV.
  • After a paid confirmed booking, you are responsible for making arrangements with the Member to either deliver and pick up the RV rental at the designated airport FBO at no charge to the Member or when delivery and pick up of the RV rental is not feasible at the designated airport FBO or Commercial Airport, pick up the Member and transport them to and from the location of the RV at no charge to the Member or FLY2RV.

Confirmed Bookings
The Rental Dealers, not FLY2RV, LLC are solely responsible for honoring any confirmed bookings and making available any vehicles reserved through the Services. If you, as a member, choose to enter into a transaction with a Rental Dealer for the booking of a RV, you agree and understand that you will be required to enter into an agreement with the Rental Dealer and you agree to accept any terms, conditions, rules and restrictions associated with renting the RV as imposed by the Rental Dealer. You acknowledge and agree that you, and not FLY2RV, LLC will be responsible for performing the obligations of any such agreements, that FLY2RV, LLC is not a party to such agreements, and that, with the exception of its obligations hereunder to pay rental Fees to the applicable Rental Dealer, FLY2RV, LLC disclaims all liability arising from or related to any such agreements.

FLY2RV as Payment Agent
By using the Services, each Rental Dealer and Member appoints FLY2RV, LLC as their limited agent solely for the purpose of collecting payment from each Member on behalf of each Rental Dealer as provided in the Fees, Booking and Payment Process as outlined below.

Fees, Booking and Payment Process

General information about rental rates, prep fees, insurance fees, services fees, taxes, and extras are provided by Rental Dealer and can be found on the Site in the booking request details. Specific information about rental costs is defined in individual rental contracts between Members and Rental Dealers. Rental Dealers may choose to include a security deposit requirement for their listing.

Booking Request

  • Members request a RV booking and Rental Period on the Site.
  • Member is emailed a booking request confirmation to include the total price of the RV rental (unconfirmed booking).
  • RV Dealer is emailed the booking request from FLY2RV with RV Unit no, total booking price, and rental period dates.
  • RV Dealer within 24 hours, approves or denies booking on availability and pricing. The approval or denial can be communicated by email to bookings@fly2rv.com or by logging in to the RV Owner account under Manage Reservations.
  • Member is notified via email that the booking request has been approved or denied.
  • Member can download and review from Listing Detail Page, the individual Rental Dealer rental agreement, policy agreement, rental insurance and or other documents to be signed by the Member at the time of rental if provided to FLY2RV by the Rental Dealer.
  • Member pays for the rental in accordance with payment schedule for the rental, including security deposits through FLY2RV payment portal (confirmed booking).
  • FLY2RV through the Rental Dealer’s Strip Connect account makes RV rental payment in accordance with payment schedule to RV Dealer within 72 hours (Stripe settlement period) of member’s payment. FLY2RV deducts service fees from Members’ payments and remits the remainder to Rental Dealer.
  • After payment received, RV Dealer contacts member to arrange RV delivery at the arriving airport for the rental period.

Instant Booking

  • Rental Dealer provides FLY2RV the iCal URL for the availability calendar for the listings.
  • Members books and pays for the rental in accordance with the payment schedule, including security deposits through FLY2RV payment portal (confirmed booking).
  • Rental Dealer and Member are notified via email that the booking is confirmed and initial payment made.
  • Member can download and review from Listing Detail Page, the individual Rental Dealer rental agreement, policy agreement, rental insurance and or other documents to be signed by the Member at the time of rental if provided to FLY2RV by the Rental Dealer.
  • FLY2RV through the Rental Dealer’s Strip Connect account makes RV rental payment in accordance with payment schedule to RV Dealer within 72 hours (Stripe settlement period) of member’s payment. FLY2RV deducts service fees from Members’ payments and remits the remainder to Rental Dealer.
  • After payment received, RV Dealer contacts member to arrange RV delivery at the arriving airport for the rental period.

Insurance
Members may purchase and or be required to purchase insurance from the Rental Dealer. Members are responsible for all damages or expenses related to the RV rental, including damage to the vehicle, missing equipment, down time, theft, vandalism, and the RV Rental Dealer’s administrative expenses connected with loss irrespective of the cause of damage or loss or the negligence or lack thereof of Member. Members and Rental Dealers should complete a walk-through of the rental, noting any and all defects or damage prior to Member’s pick-up and drop-off.

Cancellations and Refunds
If, as a member, you wish to cancel a confirmed booking made via the Services, FLY2RV, LLC’s Policies regarding cancellations and refunds will apply to such cancellation as outlined below. If a Rental Dealer cancels a confirmed booking made via the Services, FLY2RV, LLC will refund RV payments to the applicable Member. If member cancels the following cancellation policy applies.

    • If cancelled more than 15 days prior to departure:
      • 100% of paid prepayments refundable
      • Member is responsible for the service fee.
    • If cancelled 15 days or less prior to departure.
      • 0% of paid prepaids refundable

    Copyright Claims
    FLY2RV, LLC will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting on the Site, then send FLY2RV, LLC a written notice that includes all of the following:

    • a legend or subject line that says: “DMCA Copyright Infringement Notice”.
    • a description of the copyrighted work that you claim has been infringed.
    • the URL of the site and a description of where the material that you claim is infringing is located on that site.
    • your address, telephone number, and email address.
    • a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright Rental Dealer, its agent, or the law.
    • a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright Rental Dealer (or, if you are not the copyright Rental Dealer, then your statement must indicate that you are authorized to act on the behalf of the Rental Dealer of an exclusive right that is allegedly infringed); and,
    • your electronic or physical signature.

    FLY2RV, LLC will only receive DMCA notices by email to info@fly2rv.com

    Disclaimers
    IF YOU CHOOSE TO ACCESS THE SITE OR USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT FLY2RV, LLC DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, MEMBERS AND RENTAL DEALERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, FLY2RV, LLC EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FLY2RV, LLC MAKES NO WARRANTY THAT THE SERVICES AND 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. FLY2RV, LLC 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 FLY2RV, LLC 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 RENTAL DEALERS OR MEMBERS. YOU UNDERSTAND THAT FLY2RV, LLC DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR INSPECT ANY RVS. FLY2RV, LLC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE 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 OR SERVICES, INCLUDING, BUT NOT LIMITED TO, MEMBERS AND RENTAL DEALERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY FLY2RV, LLC.

    Limitation of Liability
    By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users of the Site or Services or other third parties will be limited to a claim against the particular party or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from FLY2RV, LLC with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with others using the Site or Services regarding any listings or bookings.

    You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to the Site and use of the Services, including any listing or booking of and use of any RVs via the Services, and any contact you have with others through the Site or Services whether in person or online remains with you.

    FLY2RV, LLC IS NOT LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, 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, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE SITE OR SERVICES OR INABILITY TO USE THE SITE OR SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, OR FROM YOUR LISTING, BOOKING, OR USE OF ANY RV VIA THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT FLY2RV, LLC 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.

    IN NO EVENT WILL FLY2RV, LLC’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING, BOOKING OR USE OF ANY RV VIA THE SITE OR SERVICES, OR FROM THE INABILITY TO USE THE SITE OR SERVICES, OR IN CONNECTION WITH ANY RV OR INTERACTIONS WITH ANY OTHER USERS, EXCEED THE AMOUNTS YOU HAVE PAID FOR BOOKINGS VIA THE SITE OR SERVICES IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($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 FLY2RV, LLC AND YOU.

    SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

    Indemnification
    FLY2RV, LLC is not responsible for any damage to any vehicle rented through our Site. You agree to release, defend, indemnify, and hold FLY2RV, LLC 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 Site or Services or your violation of these Terms; (b) your content; (c) your interaction with any user of the Site or Services, (d) your listing, booking, or use of a RV, (e) your use, condition, or rental of a vehicle, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a RV.

    We May Discontinue the Services
    FLY2RV, LLC reserves the right to change, suspend or discontinue any of the Site or Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Site or Services may have on you, including your income or your ability to generate revenue through the Site or Services.

    Class Action Waiver; Controlling Law and Jurisdiction
    You and FLY2RV, LLC agree to resolve legal disputes on an individual basis and expressly waive the ability to participate in a class or representative proceeding, including any class action lawsuit or class arbitration or representative arbitration proceedings. These Terms will be interpreted in accordance with the laws of the State of Florida and the United States of America, without regard to its conflict-of-law provisions.

    Severability.

    Survival
    The Terms survive termination of your agreement with FLY2RV, LLC. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

    Contact Information
    If you have any questions about the Terms, please email us at: info@fly2rv.com.