1.) The relationship between the parties to this contract is that of Lessor and Lessee, and Lessee is not, and shall not hold himself out to be, an agent or employee of Lessor, or in any capacity other than Lessee. Lessee shall have no authority to represent or make commitment binding upon Lessor. Lessee may not assign or sublet the Motor Home.

 

2.) Lessee acknowledges that he has carefully examined the Motor Home and all additional equipment and furnishings and acknowledges receipt of same in good condition. Lessee agrees to pay Lessor the value of any equipment and furnishings which are lost, stolen, destroyed or damaged during the term of this contract.

 

3.) Lessee agrees to maintain the Motor Home in strict compliance with the manufacturer's suggested maintenance procedures and in accordance with Lessor's instructions given to Lessee, and to periodically examine the Motor Home’s operating components essential to its operation, including but not limited to tires, batteries, radiator water, transmission and all other fluid levels. Flat tires are the responsibility of Lessee. ALL blown out tires MUST be returned to Lessor and CANNOT be left with any service shop or roadside assistance technician.

 

4.) Normal maintenance and road repairs, including necessary oil and lubrication expenses, are provided by Lessor. Lessor will not be liable for repairs or any damages resulting to Lessee caused by the need for repairs unless written proof that said expenditures were incurred is received, along with return of the parts which were replaced. Failure to return replaced parts, including blown tires, will result in the Lessee being responsible for all charges relating to the breakdown. Lessee agrees to contact Lessor by telephone at Lessor’s expense if any repairs to the Motor Home in excess of $50.00 are required. Lessee agrees to obtain Lessor's specific approval for the repair and understands it must be done at an authorized agency approved by Lessor and to keep record of same. Any such authorization given shall not constitute a waiver of Lessor's right to charge Lessee for such repairs if, in the opinion of Lessor, such repairs were due to negligence, misuse or carelessness of Lessee.

 

5.) TOWABLES: Lessee shall indemnify and hold harmless Lessor from any and all claims, costs and damages to the rental vehicle and related equipment, including any loss of use by Lessor of the vehicle, arising from the operation, maintenance and use of the vehicle during the term of this lease. Lessee represents to Lessor that Lessee shall provide, at Lessee’s expense, compulsory liability insurance covering the tow vehicle and rental trailer, and that Lessee shall indemnify and hold harmless Lessor from any and all third party claims arising from the operation maintenance and use of the rental trailer during the term of this lease, and by Lessee’s initials does hereby acknowledge that Lessor does not provide any liability insurance covering the rental trailer or Lessee’s operation, maintenance and use of same. Lessee understands that units equipped with canvas may be subject to leaks when subjected to rain and no refunds will be given in the event of a water leak.

 

6.) MOTORHOMES: All damages caused to the Motorhome due to its misuse or Lessee’s negligence or carelessness, whether overhead damage, damage to tires and wheels, damage to step or undercarriage of vehicle, interior and exterior damage, windshield & glass damage or other damage of whatever kind or character are the responsibility of the Lessee. Only damage resulting from a collision with another vehicle shall be covered by Lessor’s insurance carrier. Lessor assumes no responsibility for any equipment belonging to Lessee.

 

7.) In the event of a breakdown, wherein the Motor Home is inoperable for 24 hours or more, Lessor's responsibility shall be limited to reimbursement of rental rate for day (s) lost only. Lessor will not be liable for any other expenses or damages as a result of a breakdown. Failure of the drive train components ONLY will constitute a breakdown. Failure of any other RV components will not be considered for reimbursement. Both parties contract and agree that any legal remedy which either may elect to utilize shall be brought solely in Kendall County, Texas.

 

8.) Lessor will maintain liability insurance coverage on the Motor Home in the amounts of $30,000/$60,000/$25,000. Lessee shall be liable for the deductible amount for each accident. Lessee understands and agrees that the use of the motor home is confined to the continental United States and Canada. THIS MOTOR HOME CAN NOT BE TAKEN INTO MEXICO. Lessee agrees to hold Lessor harmless and indemnify and defend against any claims, demands or liabilities whatsoever in excess of such limits. In the event of an accident, Lessee will advise Lessor within 24 hours and submit a full written report within 72 hours.

 

9.) Lessor shall not be liable for any damage to property or injury to persons (including death) resulting through the use, operation or possession of the Motor Home and Lessee shall hold Lessor harmless from liabilities resulting from such damage or injury.

 

10.) Lessee agrees that the Motor Home shall be operated by a properly licensed driver and not by any person under the age of 25 or by any person while such person is under the influence of intoxicants or narcotics. Lessee agrees that the Motor Home will not be operated for any illegal purpose, over any rough terrain, on any coastal beach, to propel or tow any vehicle other than those pre-approved by Lessor, or in excess of the safe speed with regard to all conditions. Lessee will be responsible for all traffic violations and any costs incurred as a result of same.

 

11.) The number of miles over which the vehicle shall have been operated pursuant to this contract shall be determined by reading the mileage recording devices attached to the Motor Home, with which Lessee agrees not to disconnect or otherwise tamper. Any tampering with these devices shall entitle Lessor to set an arbitrary charge equal to 500 miles per day of use. Lessee agrees to pay Lessor $.35 per mile for any miles above those included with the rental.

 

12.) Lessee agrees to return the Motor Home in the same condition as when rented. Upon departure, fuel tanks are full and must be refilled. Holding tanks must be emptied to avoid a $40.00 charge and unit must be clean, inside and out, or a cleaning fee will be assessed. There are no refunds on Prepaid Cleaning or Dumping. To refill gas tanks, Lessee will be charged $8.00 per gallon plus a service fee of $25.00.

 

13.) If Lessee has insurance covering loss or damage, Lessee shall exercise all rights available to him under said insurance, take all action necessary to process said claim and further agree to assign said claim and any and all proceeds from insurance to Lessor.

 

14.) Lessee agrees that no credit or refund will be given if the Motor Home is returned prior to the expiration date of this contract and in such event, Lessee will still be required to pay all charges as if the Motor Home were returned at such expiration date.

 

15.) Lessee agrees to pay Lessor for any period during which the Motor Home is held beyond the expiration time on the basis of $50.00 per hour for each hour, or any portion of an hour, the unit is overdue. Lessee further agrees to pay, upon demand by Lessor, any rental fees lost to, or liabilities incurred by Lessor due to an unauthorized late return and/or down time of unit during repair of damage caused by Lessee.

 

16.) In the event the Motor Home is not returned by Lessee to American Dream Vacations, 28840 IH 10 West, Boerne, TX. Lessee agrees to pay, upon Lessor's demand, in addition to all other sums payable and all other liabilities incurred under this contract, a full day's rental charge, plus $4.00 per mile until it's recovery and return. Lessee further understands that dropping off the Motor Home at the agent's location, other than during normal business hours, does not constitute a return and Lessee is responsible for said Motor Home until properly checked in by Lessor. WARNING: FAILURE TO PROMPTLY RETURN THE LEASED PROPERTY MAY RESULT IN A CRIMINAL PROSECUTION AS PROVIDED FOR UNDER CURRENT TEXAS LAW. Lessor understands they are responsible for any unpaid toll charges while in possession of the vehicle.

 

17.) In the event of a breach of any of the terms and provisions of the contract by Lessee, Lessor may, without prior demand, take possession of the Motor Home by entry upon Lessee's premises if necessary, with or without process of law. In the event of any breach, Lessee shall be liable for all expenses incurred by Lessor, including reasonable attorney's fees, court costs expended to enforce collection, interest on any outstanding balance at a rate of 18% or the maximum allowed by law and in addition, Lessee shall be liable for all damages suffered by Lessor as a result of such breach. It is understood and agreed that any legal remedy shall be sought in Kendall County, TX.

 

18.) Where as, in the event this contract is used for Travel Trailers and or Tent Campers, whenever the words Motor Home are mentioned, Travel Trailer or Tent Camper should be substituted. NO fresh fish or seafood is permitted in the refrigerator or freezer.

 

19.) Pick up and return times are as follows: Pick up after 2:00 p.m. and return by 11:00 a.m. Any exceptions are as a courtesy only and are not an integral part of this contract. ALL exceptions must be approved at least 48 hours prior to the scheduled pick up or return.

 

20.) It is the Lessee’s responsibility to ensure that hookups and connections at the destination are compatible with the unit being rented. Lessor makes no representations or warranties concerning the unit’s compatibility with any RV hookups or other facilities not under its control. Lessee is not relying on any oral representations of Lessor or its personnel. ANY WARRANTIES OF MECHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED.