1. Definitions
The following terms have the following meaning in the Agreement:
“Additional Driver” means a person we list on the Rental Agreement.
“Authorized Driver” means the Renter and any Additional Driver, as being any driver noted in the underlying Rental Agreement as an authorized driver, and any other individual only where required by applicable provincial law. Only Authorized Drivers are permitted to drive the Vehicle.
"Authorized Drivers" are the only persons permitted to drive the Vehicle. To the extent permitted by law, we may charge an additional fee for each Authorized Driver (other than the Renter). Only 1 Authorized Driver is included in the basic protection plan. To get up to 3 authorized drivers the premium protection plan is required. Any additional Authorized Drivers must be present at the time of rental and meet age and driver’s license requirements. Additional Authorized Drivers are allowed with the Basic Protection Plan, with no additional cost, for the following cases: Spouse, child, sibling, parent or grandparent, the Renter's business partner, employer or fellow associate.
“Diminished Value” means the difference between the value of the Vehicle immediately prior to damage or loss, and the value of the Vehicle after repair or replacement.
“Company” means Indie Campers Inc. and any affiliates, subsidiaries and assigns.
"NON- Canadian Citizen Authorized Drivers" are non-Canadian-citizens that present a valid ID/Passport as well as a valid driver's license and comply with the previous paragraphs of this article.
“Renter” is the person or entity identified in the Underlying Rental Agreement (as defined herein) as the renter of the Vehicle.
“Rental Agreement” or the “underlying Rental Agreement” means the rental vehicle agreement that you consent and agree to at the inception of any rental or other use of any Vehicle.
“Unauthorized Driver” means anyone who is not an Authorized Driver, nor any Additional Driver, nor any other individual as required by applicable provincial law. Agreement provided that each such person has a valid driver's license issued by any province or territory within for the duration of the rental period or their reservation period (or any other kind of license to use or operate the vehicle as required by provincial law), whichever period is longer and is at least 21 years of age.
“Vehicle” means the motor vehicle identified in the underlying Rental Agreement and any vehicle we substitute it for, and all its tires, tools, accessories, equipment, keys, and Vehicle documents, but “Vehicle” does not include portable navigation devices or other optional equipment (“Optional Equipment”) that you rent from us.
“Vehicle License Fee” means our estimate of the average per day per vehicle portion of charges imposed by governmental authorities on us, including our total annual vehicle licensing, titling, plating, inspection, and registration costs, or to recover other similar charges as permitted by applicable law.
2. Rental, Indemnity, and No Warranties
The Agreement is a binding contract for rental of the Vehicle. The price you are provided on your Rental Agreement is only for the rental period specified on the Rental Agreement. If you return your Vehicle early or late your price is subject to change. To the extent permitted by law, we may terminate this Agreement and repossess the Vehicle at your expense without notice to you, if you breach this Agreement or if the Vehicle is abandoned or used in violation of law or this Agreement. To the extent permitted by law, you agree to indemnify us, defend us, and hold us harmless from all claims, liability, costs and including lawyer fees on a solicitor-client basis which we incur resulting from or arising out of this rental and your use of the Vehicle; and We make no warranties, express, implied or apparent, regarding the Vehicle, no warranty of merchantability, and no warranty that the Vehicle is fit for a particular purpose. You agree not to alter the Vehicle or any Optional Equipment. If you or an Authorized Driver determine the Vehicle or any Optional Equipment is unsafe, you or the Authorized Driver shall stop operating the Vehicle or Optional Equipment and notify us immediately.
3. Electronic Communications, Telematics Notice and Release
You acknowledge that the Vehicle may be equipped with a telematics device, global positioning satellite (“GPS”) technology, an electronic locator device, and/or an event data recorder. We may find, monitor, or disable the Vehicle through such systems if we deem it necessary, without warning or notice, to the extent permitted by applicable law. Remote monitoring may include the collection of Vehicle data, such as location, odometer, oil life, fuel level, tire pressure, battery charge, diagnostic trouble codes, and other elements that we may deem necessary. We are not responsible for the operability of any telematics navigational or other system included with the Vehicle. You acknowledge these systems may use cellular telephone, wireless technology, Bluetooth technology, or radio signals to transmit data, and therefore your privacy cannot be guaranteed. You authorize any person’s use or disclosure of or access to location information, automatic crash notification, and operational vehicle reporting conditions of Vehicle as permitted by law. You shall inform any and all drivers and passengers of vehicle of the terms of this section and that you have authorized release of information as provided herein. You agree to release us and agree to indemnify, defend and hold us harmless for any damage to persons or property caused by failure of the telematics device to operate properly, or otherwise arising from the use of the telematics device. Third party telematics service providers are not our agents, employees, or contractors. Your use of a telematics system during the rental is subject to the terms of service and privacy policy of the third-party telematics system provider. The Vehicle may collect and store personal information if you chose to connect your smartphone or other device to the Vehicle’s Infotainment System. INDIE CAMPERS does not access, collect, or use any information that may be stored by the Infotainment System. If you choose to connect your device to the Infotainment System, you are representing that you understand that information from your device may be stored by the Vehicle’s Infotainment System.
4. Condition Vehicle and Return of Vehicle
4.1. A vehicle exchange can only take place in the situations described below:
4.1.1. During the rental period the vehicle has suffered an accident, damage, engine failure or similar situations in which the vehicle is not drivable:
a) The vehicle will be sent to a workshop
b) The deposit of the first vehicle will be charged
c) The customer will receive a new vehicle of the same category with a new deposit.
4.1.2. During the rental period in the event of negligent damage to the vehicle:
a) The deposit will be charged
b) In case the deposit is not sufficient to cover the damage the remainder will also be charged to the client
c) If the deposit has been charged the client will be entitled to a new vehicle and must pay a new deposit
d) In the event that the deposit has not been collected the client will not be entitled to a new vehicle
4.1.3. During the rental period if the vehicle is damaged due to unforeseen circumstances:
a)The deposit will be charged
b) The Renter is entitled to a new vehicle and must pay a new deposit
4.14. In circumstances where a new deposit is required the Renter who previously had a protection plan premium may only choose a protection plan basic for the new booking. Indie Campers does not authorize the upgrade of the protection plan when changing vehicles.
4.2 You must return the Vehicle to our rental office or other location we identify, on the date and time specified in this Agreement, and in the same condition that you received it, except for ordinary wear. If the Vehicle is returned to any other office or location or left somewhere other than the office or location identified by us, you remain responsible for the safety of and damage to or loss of the Vehicle until we inspect it. In addition, you authorize us to charge your credit or debit card a one-way charge or service fee plus any additional costs incurred by us in the return of the Vehicle. If the Vehicle is returned after closing hours, you remain responsible for the safety of and damage to or loss of the Vehicle until we inspect it upon our next opening for business. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior written approval. You must check and maintain all fluid levels, check that the Vehicle is in a roadworthy condition, lock the Vehicle at all times when you are not operating it, and return the Vehicle with at least the same amount of fuel as when rented. No refund or credit shall be issued if you return the Vehicle with a greater amount of fuel than when you received it. If the vehicle is not returned with the same fuel level as at pick-up, the Hirer will be charged a fee of 100 CAD for every 1⁄4 tank missing.
5. Responsibility for Vehicle Damage or Loss and Third-Party Damages; Reporting to Police; Responsibility for Fees; Responsibility for Optional Equipment. Liabilities
5.1. You are responsible for all damage to, and for loss or theft of, the Vehicle including damage caused by collision, weather, road conditions and acts of nature, even if you are not at fault. You are responsible for the cost of repair, or the actual cash retail value of the Vehicle on the date of the loss if the Vehicle is not repairable or if we elect not to repair the Vehicle. You are also responsible for Loss of Use (without regard to fleet utilization), Diminished Value, our administrative expenses incurred for processing a claim, and all other damages permitted by law that may apply or govern. You must report all accidents and incidents of theft and vandalism to us and the police as soon as you discover them. Your responsibility for damage to or loss of the Vehicle is limited by law in the following jurisdictions:
FOR RENTALS WITH PICK-UP LOCATIONS IN ALBERTA, BRITISH COLUMBIA OR ONTARIO - You are responsible for all damage to and loss of the Vehicle caused by collision whether or not you are at fault. Your responsibility will include:
(a) all physical and mechanical damage to the Vehicle measured as follows:
(i) if we determine that the Vehicle is a total loss, the fair market value of the Vehicle calculated in accordance with the province in which the Vehicle was picked up;
(ii) if we determine that the Vehicle is repairable: the reasonable estimated retail value or actual cost of repair up to the fair market value;
(b) an administrative fee in accordance with the province in which the Vehicle was picked up; and
(c) all actual charges for towing, storage, and impound fees.
You are also responsible for missing equipment. You are responsible for loss due to theft of the Vehicle and all damage due to vandalism that occurs in connection with a theft if you fail to exercise ordinary care while in possession of the Vehicle. You are responsible for damage due to vandalism not associated with theft of the Vehicle up to a maximum related to the fair market value of the vehicle. Permitting a person who is not an Authorized Driver to use the Vehicle is not an exercise of ordinary care, but a willful and reckless act, and is a breach of this Agreement.
5.2. Optional Equipment. Upon request and subject to availability, we offer certain Optional Equipment, considered as extras, for your use during the rental at an additional charge. All Optional Equipment is rented “AS IS” and must be returned to us at the end of the rental in the same condition as when rented. Optional Equipment is not part of the Vehicle. You are responsible for any loss or damage to any Optional Equipment regardless of the cause. You should review the operational instructions for all Optional Equipment before leaving the rental location. If you rent a Child Seat from us, you have the sole responsibility to inspect and properly install the seat yourself. We make no warranties, express, implied, or apparent, regarding the Child Seat or any other Optional Equipment, no warranty of merchantability, and no warranty that the Child Seat or any other Optional Equipment is fit for a particular purpose. You are responsible for all injury or damage arising out of, or related to your use of the Child Seat, or any other Optional Equipment. If you choose to rent a Global Positioning Device (“GPS”) from us, you are responsible for returning it in the same condition as when rented with all accessories provided, including the carrying case, the car charger, the windshield mount, any additional accessories and (“GPS Accessories”). If the GPS or GPS Accessories are lost or damaged so as to, in our sole opinion, require repair or replacement, you will pay us the fair market value for its repair or replacement.
5.3. Use of Vehicle in a Camping Location. If you will be using the Vehicle in any camping location, park, or similar location, you hereby agree to park, use and operate the Vehicle in such location in compliance with the laws of such location, including, but not limited to, obtaining all proper licenses and permits to park, use or operate the Vehicle in such location, paying for all fees in relation to parking, driving, using, or operating the Vehicle at such location, and to adhere to all rules, codes, guidances, and requirements of such location and related to the use of the such location.
5.4. Return of Vehicle. You must return the Vehicle at the due-in date in the same condition that you received it, except for ordinary wear and tear. You must clean the Vehicle and remove all articles, properties, equipment, or items that you, the Authorized Driver or any of your passengers brought into the Vehicle.
5.4.1. Cleaning Fees Hygiene Facilities: You may be charged a fee of 50 CAD if there is evidence of smoking or vaping in our Vehicle. The Cleaning Fee Hygiene Facilities also includes the uncleaning of the fridge. This fee its separate from any damages or losses to the Vehicle for which you remain responsible for, whether such damage occurred to the Vehicle or any property or equipment within or attached thereto.
5.4.2. Water Cleaning Fee: You will be charged a fee of 100 CAD if the grey water tank its not empty and 150 CAD for the black water tank. This fee its separate from any damages or losses to the Vehicle for which you remain responsible for, whether such damage occurred to the Vehicle or any property or equipment within or attached thereto.
5.4.3. Deep Cleaning Fee: You may be charged a fee of 125 CAD if the Vehicle is returned substantially less clean then delivered and beyond the conditions described above on the renter will be charged this deep cleaning fee. This fee its separate from any damages or losses to the Vehicle for which you remain responsible for, whether such damage occurred to the Vehicle or any property or equipment within or attached thereto.
6. General Prohibited Use of the Vehicle
6.1. We will not waive any responsibility, if you gave us false, fraudulent or misleading information prior to the rental or during the rental or to extend the rental period, and we would not have rented the Vehicle to you or extended the rental period, if we were given true information; or if you fail to notify us and the police and/or RCMP of an accident, theft or vandalism involving the Vehicle, or if damage to or loss of the Vehicle is the result of a prohibited use, including damage or loss that:
(a) is caused by anyone who is not an Authorized Driver;
(b) is caused by anyone under the influence of a drug or alcohol;
(c) occurs while the Vehicle is used during the commission of a felony or other crime, other than a minor traffic violation;
(d) occurs while carrying persons or property for hire, while pushing or towing anything, during any race, speed test or contest, or while teaching anyone to drive;
(e) results from carrying dangerous, hazardous, or illegal material;
(f) results from use of the Vehicle outside the geographic area specified on the Rental Agreement, or from use in Mexico;
(g) is caused by driving on unpaved roads;
(h) occurs while transporting more persons than the Vehicle has seat belts, while carrying persons outside the passenger compartment, or while transporting children without approved child safety seats as required by law;
(i) occurs when the odometer has been tampered with or disconnected;
(j) occurs 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;
(k) is caused by carrying anything on the roof, trunk or hood of the Vehicle, or by inadequately secured cargo inside the Vehicle, or by an animal transported in the Vehicle;
(l) occurs when the Vehicle is unlocked, or the keys or key fob are lost, stolen or left in the Vehicle when not operating it;
(m) is caused, where applicable, by anyone who lacks experience operating a manual transmission;
(n) results from failure to allow sufficient height or width clearance;
(o) results from your willful, wanton or reckless act or misconduct;
(p) results from fueling with a type of fuel improper for the specific Vehicle;
(q) results from driving or operating the Vehicle while using a hand-held wireless communication device or other device that is capable of receiving or transmitting telephonic communications, electronic data, mail or text messages while not in a hands-free mode;
or results from failure to adhere to the distracted driving laws in the jurisdiction in which the Vehicle is driven.
In the event of a loss due to theft of the Vehicle, we will not waive your responsibility for the loss unless you return to us all the Vehicle keys or ignition devices we gave you at the time of rental.
You are responsible for all collision damage to the Vehicle even if someone else caused it or the cause is unknown.
You are responsible for the cost of repair up to the value of the Vehicle, and towing, storage, and impound fees, subject to renter’s liability, Your own insurance, or the issuer of the credit card you use to pay for the vehicle rental transaction, may cover all or part of your financial responsibility for the Vehicle.
You should check with your insurance company, or credit card issuer, to find out about your coverage and the amount of the deductible, if any, for which you may be liable. Further, if you use a credit card that provides coverage for your potential liability, you should check with the issuer to determine if you must first exhaust the coverage limits of your own insurance before the credit card coverage applies.
You will be held responsible if, in each case:
(a) damage or loss results from an Authorized Driver’s,
(i) intentional, willful, wanton, or reckless conduct,
(ii) operation of the Vehicle under the influence of drugs or alcohol in violation of Section 253 of the Criminal Code, RSC 1985, c C-46 and other applicable laws,
(iii) towing or pushing anything, or
(iv) operation of the vehicle on an unpaved road if the damage or loss is a direct result of the road or driving conditions;
(b) damage or loss occurs while the Vehicle is
(i) used for commercial hire,
(ii) used in connection with conduct that could be properly charged as an indictable offense,
(iii) involved in a speed test or contest or in driver training activity,
(iv) operated by a person other than an Authorized Driver, or
(v) operated outside Canada; or
(c) an Authorized Driver has provided fraudulent information or false information to us and we would not have rented the vehicle if we had instead received true information.
6.2. Lost or Damaged Keys or Key Fobs. Even if you do not violate the terms detailed in paragraph 6 above, you will be responsible for the following:
a) a service fee for replacing the keys or key fob and delivering replacement keys or key fobs or towing the Vehicle to the nearest INDIE CAMPERS location if you lose the keys or key fob to the Vehicle; and
b) a service fee for delivering replacement keys or key fob or towing the Vehicle to the nearest INDIE CAMPERS location if you lock the keys or key fob in the Vehicle and request assistance from INDIE CAMPERS, flat tire service, and jumpstarts.
7. Specific Prohibited Uses
7.1. Where permitted by law, in addition to the prohibitions listed above in the General Prohibited Uses section, unless granted permission by INDIE CAMPERS, it shall be considered prohibited uses of the Vehicle (“Prohibited Uses”) where the Vehicle is used, operated or driven in the following:
• By anyone without first obtaining INDIE CAMPERS’s written consent;
• By anyone who is not a qualified and licensed driver with the proper licenses as required by applicable provincial law;
• By anyone whose driving license is suspended in any jurisdiction;
• To use or operate the Vehicle outside of Canada. Any use or operation of the Vehicle outside of Canada
• To use or operate the Vehicle outside of Canada, without our written consent and without first having or obtaining special liability coverage with your insurance applicable to use or operate the Vehicle in such applicable location or country;
• To carry persons or property for hire, livery, On-Demand service, or Transportation Network Company (Uber, Lyft, etc.);
• To carry dangerous or hazardous items or illegal material;
• To teach anyone to drive;
• To propel or tow any vehicle, trailer or other object;
• In any race, test or contest;
• For or in furtherance of any crime or illegal purpose or in the commission of a crime;
• To instruct an unlicensed person in operation of vehicle;
• If the vehicle is obtained from INDIE CAMPERS by fraud or misrepresentation;
• To carry persons other than in the passenger compartment of the Vehicle;
• Loading the vehicle beyond its rated capacity;
• Parking, using or operating the Vehicle in a camping or exclusive location in violation of the laws of such location, including, but not limited to, not obtaining all proper licenses and permits to park, use or operate the Vehicle in such location;
• While under the influence of alcohol or other intoxicants such as drugs or narcotics or under any other physical or mental impairment which adversely affects the driver’s ability to operate the Vehicle;
• By anyone under the influence of a prescription or non-prescription drug or alcohol;
• Smoking or vaping in the Vehicle;
• Using or operating the Vehicle after an accident with the Vehicle unless and until you summon the police to the accident scene;
• Intentionally causing damage to or loss of the Vehicle;
• Used or operated in the driver’s seat by anyone younger than the minimum age set forth in this Agreement;
• Using the Vehicle in violation of any “rules of the Road” or vehicle safety and operations training or instructions that we provide to you at the time of rental;
• Sitting, standing or lying on the roof of the Vehicle;
• Driving, using, or operating the Vehicle on other than a paved road or graded private road or driveway; and
• Driving, using, or operating the Vehicle in an unsafe, reckless, grossly negligent, or wanton manner.
Violating a traffic law or receiving a ticket in an accident is not automatically a violation of this provision, but may be an indication that a violation of this provision has occurred. Prohibited use of the Vehicle violates this agreement, voids all liability and other insurance coverage (where permitted by law), makes Vehicle subject to immediate recovery by INDIE CAMPERS, and makes you responsible for all loss of or damage to or connected with the Vehicle, regardless of the cause, including but not limited to INDIE CAMPERS’s expenses, including loss of use.
7.2. TRAVEL IN THE FOLLOWING AREAS IS STRICTLY FORBIDDEN AT ALL TIMES:
• Vehicles are not permitted to enter Mexico at any time
• Vehicles are not allow to be driven at beaches
• Denali Highway in Alaska (Highway 8 from Paxson to Cantwell)
• North Canol Highway in the Yukon
• Dalton Highway (north of Livengood)
• Eagle, Alaska (Hwy 5 north) from the junction of Hwy 9 (Top of the World Highway) and Hwy 5 west
• McCarthy Road between Chitina and McCarthy, Alaska
• Northway Road (off AK-2) to Northway
• Nabesna Road (off AK-1) to Nabesna
• Highway 500 (Trans Labrador Highway) from Goose Bay to Labrador City
• Highway 389 from Labrador City to Baie Comeau
• Highway 510 from Red Bay to Happy Valley-Goose Bay
• Highway 167 north of La Doré
• Highway 109 and Baie James Road, Quebec.
• Manhattan Island, USA
7.3. Travel Restricted Areas
• Travel on the Dempster Highway in the Yukon is not permitted between 15 September and 15 May due to road conditions. We are happy for our Guests to travel on this road between 16 May and 14 September.
8. Propane and Gas Policy
8.1. Models with Portable Cookers: The Rental Firm intends to provide customers with at least 1 full disposable canister of propane (220g). Should local gas supply be an issue or limitations on the purchasing of gas by local authorities be imposed, the Rental Firm can not be held responsible for the inability to provide the Hirer with a canister of gas.
2) Models with Built-in Cooker/Stove with tank gauge: The Rental Firm intends to provide customers with at least one full sealed cylinder of camping gas. The Hirer has the option of using the full sealed cylinder during the trip and in case they do, the Rental Firm will be charging the Hirer according to the defined pricing. Should local gas supply be an issue or limitations on the purchasing of gas by local authorities be imposed, the Rental Firm can not be held responsible for the inability to provide the Hirer with a cylinder of gas.
3) Additional propane or gas cartridges or refills can be purchased throughout the rental period at the Hirer’s own expense.
9. Generator Policy
Some vehicle models offer generators. The value of the fee per hour of usage, as determined by an installed running time meter, is communicated during the booking process. The total charge will be charged at drop-off.
10. Mileage Policy
1) All bookings include a fixed number of kilometres per night for free, which may vary according to seasonality and number of nights.
2) Customers have the option to add extra kilometres packages or unlimited kilometres before their trip during the booking process.
3) Any additional kilometres will be charged at drop-off. The value of the fee per extra km/mile for each reservation is communicated during the booking process, as it might vary with the pick-up location and vehicle model.
4) In order for the Buyer to pick up the Vehicle, the Buyer needs to be accompanied by the proof of registration and the license plate plaques (a temporary registration is sufficient) plus proof of insurance.
11. Insurance
11.1. We provide comprehensive and collision insurance covering damage to the Vehicle with a deductible per occurrence, for which deductible you are responsible. We also provide primary auto liability insurance that covers bodily injury (“BI”) and property damage (“PD”) liability coverage with limits no higher than the minimum amounts stated in the automobile insurance (“AI”) laws of the province whose laws apply to the loss.
Our insurance includes personal injury protection (“PIP”) or medical payments. Medical Payments are limited to $2,000 or the minimum amount required by the law of the province whose laws apply to the loss - whichever is higher.
Our insurance also includes no‐fault, and uninsured/under‐insured motorist coverage up to the minimum amounts required by the laws of the province whose laws apply to the loss. 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.
You are responsible for all damage to the Vehicle and damage or injury you cause to third parties that is not covered by our insurance policies or that is in excess of our insurance limits.
You must:
(a) report all damage to us and all accidents to us and the police/RCMP as soon as you discover them and complete our incident report form; and
(b) provide us with a legible copy of any service of motion, pleading, or notice of any kind related to an accident or other incident involving the Vehicle.
Coverage under the Policy is void if you give the Vehicle to an Unauthorized Driver or otherwise materially breach this Agreement; or if you fail to cooperate in a loss investigation or to file a timely and accurate incident report.
You agree to and shall maintain automobile insurance (“Customer’s Insurance”) during the term of this rental agreement, providing the owner, the renter, and any other person using or operating the rental vehicle with the following primary coverage:
(a) BI and PD liability coverage with limits at least at the minimum amounts stated in the AIlaws of the province whose laws apply to the loss;
(b) PIP, medical payments, no-fault, or similar coverage where required by law or otherwise;
(c) uninsured (“UM”) and underinsured (”UIM”) coverage where required by law or otherwise, and
(d) comprehensive and collision damage coverage extending to the rental vehicle.
You hereby agree to provide and Customer’s Insurance shall provide at least the minimum limits of coverage required by the AI laws of the province where the loss occurs.
You hereby agree that the Customer’s Insurance shall be used in the first instance needed or for any loss prior to use of our insurance, and you hereby agree to fully cooperate in any manner requested by us to insure that the Customer’s Insurance is promptly notified and processing such request for use of the Customer’s Insurance in relation to any loss or damage or as needed by us.
In provinces where the law requires us to provide insurance, we will provide excess insurance only, up to the minimum limits required by the AI laws of the province where the loss occurs.
The customer’s insurance will be primary. Any insurance we are required to provide applies to claims of BI and PD only.
Our policy contains exclusions, conditions, and limitations applicable to anyone claiming coverage.
Customer agrees to cooperate with our insurer if any claim is made.
Our insurance applies only in Canada. You hereby agree that you must obtain our written consent and have or obtain special liability coverage from your insurance to cover, use or operate the Vehicle in the United States or Mexico, or any other location outside of Canada. You may not operate the Vehicle outside of Canada without our written consent.
Where permitted by law, You reject UM, UIM, supplemental, PIP, and no-fault coverages. Where we are required to provide any such coverage, You are afforded the minimum limits required by law. Any breach of this rental agreement will void any insurance coverage. You understand that you are not an additional insured under INDIE CAMPERS’s insurance for collision, upset and comprehensive damage to the Vehicle.
11.2. The insurance is subjected to a validation process involving the insurance company. The insurance company will request certain details and the customer is obliged to provide the necessary information. The provided information will be treated by the designated company for verification purposes. The insurance company reserves the right to approve or deny the insurance based on the provided details. In case the insurance company does not approve the customer's insurance, the booking will be denied, if the insurance is not obtained prior to the scheduled pick-up date, your booking may be canceled.
11.3. The insurace company may ask questions regarding: Driver's History, Driver's License ;Personal Auto Policy ; Travel Plans, but not limited to.
12. Charges, Tolls, Traffic Violations and Costs
12.1. Charges and Costs. You will pay us at or before the conclusion of this rental, or on demand, all charges due us under this Agreement, including, but not limited to:
(a) the charges and fees shown on the Rental Agreement and all charges for the time and mileage rate set forth in the reservation for the initial Reservation Period;
(b) a mileage charge based on our experience if the odometer is tampered with;
(c) any taxes, surcharges or other government-imposed fees that apply to the transaction;
(d) all expenses we incur locating and recovering the Vehicle if you fail to return the Vehicle, return it to a location or office other than the location or office identified by us, or if we elect to repossess the Vehicle under the terms of this Agreement;
(e) all costs including pre- and post-judgment attorney fees on a solicitor - client basis which we incur collecting payment from you or otherwise enforcing or defending our rights under this Agreement;
(f) a reasonable fee to clean the Vehicle if returned substantially less clean than when rented or if there is evidence of smoking or vaping in our Vehicle or any fees required as a result of any bugs, flees, cockroaches, bed bugs, rats or other pests found inside the Vehicle following your use, if applicable; and
(g) towing, impound, storage charges, forfeitures, court costs, penalties and all other costs we incur resulting from your use of the Vehicle during this rental.
Special rental rates, vehicle category upgrades or any equipment or services provided to you free of charge only apply to the initially agreed upon rental period: If you return the Vehicle after the Due-In Date , you may be charged the standard rates for each day (or partial day) after the Due-In Date, which may be substantially higher than the rates for the initially agreed rental period.
You also may be charged the standard fees for each day (or partial day) after the Due-In date for any equipment or services provided to you without charge for the initially agreed upon rental period.
You will not receive a refund of prepaid amounts if you return the Vehicle before the Due-In Date.
All Charges are subject to a final audit. If errors are found, you authorize us to correct the Charges with your payment card issuer.
12.2. Website Terms, Conditions and Cancellations. All other terms, charges and cancellations are pursuant to and must follow the terms and conditions found at https://indiecampers.com/terms-and-conditions (the “Website Terms”) which are hereby incorporated by reference, including, without limitation, the cancellation policies as it relates to cancellations by you or the host of the Vehicle. You hereby agree to have read and agree to abide by the Website Terms.
12.3. Tolls and Traffic Violations. You are responsible for paying the applicable charging authorities directly for all tolls (“Tolls”) and parking citations, photo enforcement fees, fines for toll evasion, and other fines, fees, and penalties (each, a “Violation”) assessed against you, the Vehicle or us during the Rental Period. If we are notified by the charging authorities that we may be responsible for payment of a Toll or Violation, you will pay us or a processing firm of our choosing (“Processor”) the Violation, Toll, and an administrative fee of up to $60 for each such notification. You authorize us to release your rental and payment card information to the Processor for processing and billing purposes. If we or the Processor pays a Toll or Violation, you authorize us or the Processor to charge all such payments, service fees and administrative fees to the payment card you used in connection with this rental.
13. Deposit
13.1. The security deposit can only be paid by credit/debit card (Visa, AMEX or Mastercard), and the credit/debit card owner must be present at the pick-up. Only debit cards which allow a hold deposit to be processed will be accepted. Under no circumstances will we accept a deposit to be charged as a transaction on any card type. We recommend you check with your issuing bank whether your debit card will allow a hold deposit to be processed.
The Hirer agrees to check with your issuing bank whether your debit card will allow a hold deposit to be processed.
13.2. You permit us to reserve against your credit or debit card at the beginning of the rental an amount up to three times the estimated total charges as a deposit, in no event less than $3,000, or the amount listed on the Rental Agreement. We may use your deposit to pay any amounts owed to us under this Agreement. The deposit amount does not limit in any way the total amount owed to use under this Agreement. We will authorize the release of any excess Reserve upon the completion of your rental. Your debit/credit card issuer’s rules will apply to your account being credited for the excess, which may not be immediately available.
13.3. All departures from select locations will require an increased Security Deposit of $2,499 , in order to ensure vehicles are returned in the same manner they are offered. Additionally, the Premium Protection Plan is not available for these bookings.
14. Your Property
15. Breach of Agreement
The acts listed in Paragraphs 6 and 7 are prohibited uses of the Vehicle and breaches of this Agreement. You will breach this agreement if you allow any person other than the Renter or an Authorized Driver to operate the Vehicle. If an Unauthorized Driver damages the Vehicle or injures others, we will hold you responsible for the damage. You waive all recourse against us for any criminal reports or prosecutions taken against you by law enforcement arising out of your breach of this Agreement.
16. Modifications
BY RENTING ANY VEHICLE OR USING ANY OTHER SERVICES OF THE COMPANY, YOU HEREBY AGREE AS FOLLOWS:
(A) No term of this Agreement can be waived or modified except by in writing signed by one of the Company’s authorized representatives. INDIE CAMPERS counter representatives are not authorized to waive or change any term of this Agreement. If you wish to extend the rental period, you must return the Vehicle to our rental office for inspection and written amendment from us by the Due-In Date, unless explicitly authorized by INDIE CAMPERS. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void.
(B) The Company reserves the right, at our discretion and at any time, to make changes to any of the provisions of this Agreement, including without limitation changes to any of the terms and conditions governing a rental of a Vehicle prior to inception, the Company’s Privacy Policy (as defined in Section 18(a), or the Company’s Website Terms (as defined in Section 9(b)) (hereinafter “Updates to this Agreement”).
(C) The Company may take any reasonable efforts to post any such Updates to this Agreement, including without limitation posting such Updates to this Agreement on the Company’s main website;
(D) Rental of any Vehicle or continued use of any of the Company’s Services by you shall automatically constitute your immediate acceptance of and consent to all of the Updates to this Agreement and you will thereafter be bound by such Updates to this Agreement.
(E) If you do not agree to such Updates to this Agreement, then you should immediately discontinue using the Company’s Services, including any Vehicle.
17. Severability
If any provision of this Agreement is determined to be unlawful, contrary to public policy, void or unenforceable, all remaining provisions shall continue in full force and effect.
18. 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. To the extent permitted 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.
19. Governing Law; Arbitration Agreement and Class Action Waiver
READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND COMPANY MAY HAVE AGAINST EACH OTHER ARE DETERMINED
(a) Governing Law. You hereby expressly agree that the laws of the Province of Alberta excluding its conflict of laws rules, shall govern the Agreement.
(b) Arbitration Agreement and Class Action Waiver. You and INDIE CAMPERS each waive their right to a jury trial or to participate in a class action pursuant to the following terms. You and INDIE CAMPERS agree to arbitrate all claims, controversies, or disputes of any kind (“claims”) against each other, including but not limited to claims arising out of or relating to this agreement, or our products and services, charges, advertisings, or rental vehicles including without limitation claims based on contract, tort (including intentional torts), fraud, agency, negligence, statutory or regulatory provisions or any other source of law. The arbitrator, and not any federal, state, or local court or agency, shall have authority to resolve all disputes relating to the interpretation, applicability, enforceability, or formation of this agreement, including but not limited to any claim that all or any part of this agreement is void or voidable. You and INDIE CAMPERS agree that no claims will be asserted in any representative capacity on a class-wide or collective basis, that no arbitration forum will have jurisdiction to decide any claims on a class-wide or collective basis, and that no rules for class-wide or collective arbitration will apply. The parties agree, however, that either party may bring an individual action in a small claims court with valid jurisdiction provided that the action is not made part of a class action, private attorney general action or other representative or collective action. The parties also agree that claims involving a third-party insurance company separately providing coverage to you, personal injury claims, or claims relating to the application of your financial responsibility relating to the use or operation of Vehicle, may be brought in a court with valid jurisdiction.
20. Dispute Resolution Procedure
Before asserting a claim in any proceeding, you and INDIE CAMPERS agree that either party shall give the other party written notice of the claim to be asserted thirty (30) days before initiating a proceeding and make a reasonable good faith effort to resolve the claim. If you are intending to assert a claim against INDIE CAMPERS, you must send the written notice of the claim to Attention: legal@indiecampers.com.
If INDIE CAMPERS is intending to assert a claim against you, we will send the written notice of the claim to you at your address appearing in our records. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation. No settlement demand or settlement offer used prior to any legal proceeding may be used in any proceeding including as evidence or as an admission of any liability or damages (or lack thereof) and shall remain confidential between you and INDIE CAMPERS.
If you and INDIE CAMPERS do not resolve the claim within thirty (30) days after the above described notice is received, either party may commence an arbitration by Delivering a written Notice of Request to Arbitrate to each party and delivering a copy of the Notice to Arbitrate to the ADR Institute of Canada. Claims will be resolved pursuant to the ADR Institute of Canada’s National Arbitration Rules, in effect at the time of the demand, as modified by this Agreement. Judgment shall be final and binding on the parties upon the award rendered by the arbitrator which may be entered in any court having jurisdiction thereof The ADR Institute of Canada’s National Arbitration rules can be found at www.adr.orgwww.adric.ca
The arbitrator has no authority to join or consolidate claims, or adjudicate joined and consolidated claims. If you are an individual, in the event that
(1) your claim is less than $10,000, and
(2) you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, INDIE CAMPERS will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. You are responsible for all other costs/fees that you incur in arbitration (e.g. fees for attorneys, expert witnesses, etc.).
If any portion of this “Dispute Resolution Procedure” section or the “Arbitration Agreement and Class Action Waiver” section are deemed to be invalid or unenforceable or is found not to apply to a claim, the remainder of this “Dispute Resolution Procedure” section and the “Arbitration Agreement and Class Action Waiver” section remain in full force and effect. However, if the “Arbitration Agreement and Class Action Waiver” section is deemed unenforceable, any class action claim(s) must proceed in a court of competent jurisdiction.
21. Personal Information; Company’s Privacy Policy
a. Company’s Privacy Policy. You hereby agree that use of any and all, including without limitation your rental of any Vehicle, is subject to the Company’s Privacy Notice, a copy of which is available here https://indiecampers.com/privacy, and which is hereby incorporated by reference into this Agreement (the “Privacy Policy”).
IN ADDITION TO ANY OTHER APPLICATIONS OR USES OF PERSONAL INFORMATION AS SET FORTH IN THIS AGREEMENT (INCLUDING WITHOUT LIMITATION THE PROVISIONS OF SECTION 18(B) BELOW, THE COLLECTION, USE, DISCLOSURE AND OTHER PROCESSING OF YOUR PERSONAL INFORMATION IS GOVERNED BY THE COMPANY PRIVACY POLICY. AS A RESULT OF SUCH INCORPORATION, YOU HEREBY AGREE TO COMPLY WITH THE COMPANY’S PRIVACY POLICY, AS IT MAY BE AMENDED FROM TIME TO TIME BY THE COMPANY.
b. Additional Provisions About Use of Personal Information. In addition to any rights given to the Company pursuant to the Company’s Privacy Policy with regard to the use of any of your personal information, you further agree that:
(i) the information that you provide to Us may be used to the fullest extent permitted by law;
(ii) You agree that We may, and you hereby authorize Us to, provide personal information in Our possession about you and other Authorized Drivers (including driver’s name, address, cellular/mobile and other phone numbers, driver’s license and/or credit/debit card information) to applicable authorities or other third parties in connection with our enforcement of our rights under this Agreement and for other legitimate business purposes, including disclosure to our affiliates or other third parties that conduct services on our behalf; and
(iii) and you consent to us or our representatives contacting you. If you have any questions about this provisions or any of the provisions in the Company’s Privacy Policy, please contact the Company as follows: Indie Campers Canada, Inc.2700 Stantec Tower 10220 - 103 Avenue, NW Edmonton, AB T5J 0K4.
22. Safety of Children
The Authorized Drivers hereby agree to abide by all child safety rules and regulations as applicable by Federal and Alberta law, including, but not limited to, safety belt and not leaving children unattended.
In Canada, drivers who leave young children unattended in vehicles can be found criminally responsible for negligence causing bodily harm or death.
As may vary across provinces, children must be secured properly in the Vehicle, including, but not limited, using a federally-approved child passenger restraint system in accordance with provincial regulations, or safety belts depending on the height, weight, and age of the child. Some provinces may require federally approved, crash-tested child restraint devices be used.
FOR VEHICLES USED OR OPERATED IN ALBERTA - You must comply with all Federal and Provincial laws and regulations governing the operation of a motor vehicle with children, including, but not limited to:
A Driver shall not drive or operate a motor vehicle in which a child under 6 years old who weighs 18 kg or less is a passenger unless:
(a) the motor vehicle is equipped with a child restraint system,
(b) the child restraint system is properly installed, and
(c) the child is properly secured in the child restraint system.
FOR VEHICLES USED OR OPERATED IN BRITISH COLUMBIA - You must comply with all Federal and Provincial laws and regulations governing the operation of a motor vehicle with children, including, but not limited to: causing the child to be securely fastened in a designated seating position, using an infant restraint system, a child restraint system, a booster seat, or a seat belt assembly in accordance to requirements set out in the Motor Vehicle Act, Division 36.
FOR VEHICLES USED OR OPERATED IN ONTARIO - You must comply with all Federal and Provincial laws and regulations governing the operation of a motor vehicle with children, including, but not limited to: Infant, toddler, and pre-school to primary grade child passengers are secured in accordance to Highway Traffic Act, Regulation 613.
23. Incorporation
a. The terms and conditions of the following are hereby incorporated by this reference into the Agreement:
(i) the Company’s Website Terms (as defined in Section 12(b) ) herein, which can be found at https://indiecampers.com/terms-and-conditions , and You hereby agree to have read and agree to abide by the Website Terms, including, without limitation, any other charges and cancellation policies provided therein;
(ii) the Company’s Privacy Policy (as defined in Section 18(a)) herein, which can be found at https://indiecampers.com/privacy, and You hereby agree to have read and agree to abide by the Privacy Policy, including, without limitation, any amendments thereto; and
(iii) any other documents, addenda, or additional materials that we provide to you at any time during any rental of any Vehicle or that you may otherwise sign or consent to at any time during any such rental (collectively referred to as “Addenda or Additional Materials”).
(b) If there is a conflict or ambiguity between the underlying Rental Agreement, the Website Terms, the Privacy Policy, this Rental Agreement Terms and Conditions for Canada Only, and any Addenda or Additional Materials (as such term is defined above in this Section 23(a)), then you agree to this priority:
(i) first, the Website Terms shall control, and
(ii) then, next, the terms of this Rental Agreement Terms and Conditions for Canada Only document shall control.
24. MISCELLANEOUS PROVISIONS
24.1. Entire Agreement; Waiver; Severability. The Agreement (including without limitation the underlying Rental Agreement, this Rental Agreement Terms and Conditions for Canada Only document, the Company’s Website Terms, the Company’s Privacy Policy, and the Addenda or Additional Materials (as such term is defined above in this Section 23(a)), constitutes the entire contract and agreement between Company and you with respect to the subject matter hereof, and supersedes and replaces any prior agreements we might have had between us regarding such subject matter. The Company ’s failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights. If any provision of this Agreement is held to be invalid or unenforceable by a court, the remaining provisions of this Agreement will remain in effect
24.2. Remedies. You acknowledge that monetary damages may not be a sufficient remedy for your breach of the Agreement and therefore you hereby agree that the Company shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court or arbitration panel of competent jurisdiction without necessity of posting a bond and without having to plead and prove lack of an adequate remedy at law.
24.3. Binding Effect; No Assignment by Client; Permissible Assignment by Company. This Agreement shall be binding upon and inure to the benefit of each party’s respective successors and lawful assigns; provided, however, you do not have the right to assign this Agreement, in whole or in part, without the prior written consent of the Company (which it may or may not grant in its discretion). Any purported assignment in violation of this Section 24.3 shall be void. The Company shall have the right to assign this Agreement, or any part of it, in its sole discretion to any party, and all covenants and agreements hereunder shall inure to the benefit of and be enforceable by such successors and assigns.
24.4. Counterparts. The Agreement, and any portions thereof, may be executed, assented to, and/or delivered in one or more counterparts, whether in .pdf, electronic format, email, or fax, or by electronically consenting to the same, each of which is deemed an original and all of which together is one and the same.
25. Cancellation Policy
The cancellation policy is integrated with the flexible payment options Indie Campers provided to the travellers making a reservation for a road trip. Indie Campers Group cancellation policies are designed to seamlessly integrate with our flexible payment options, ensuring a hassle-free experience for travellers who reserve a road trip with Indie Campers. When creating a reservation associated with the Indie Fleet Flexible Cancellation, travellers have the right to parcel their payments. The initial payment amounts to 50% of the booking value, while the remaining balance can be settled through a second payment, due 30 days prior to the pick-up date. Alternatively, travellers may choose to pay the full amount of the booking at the time of reservation. Please note that for all reservations made under the Indie Fleet Flexible Cancellation, within 30 days of the selected pick-up date, the total reservation value must be paid upon reservation. For reservations made with partial payment, the completion of the second payment is essential to ensure the reservation's validity. Failure to fulfil the second payment will result in automatic cancellation of the reservation, without any entitlement to a refund In the event that additional services are added to the reservation or modifications are made that increase the booking value, the corresponding additional payment must be made immediately upon request. This ensures the effective inclusion of the requested services within the scope of the reservation. Conversely, if additional services are added or modifications are made resulting in a decreased booking value, the refundable amount in the case of cancellation within 30 days and 1 day before the pick-up date will be proportionately adjusted. Whenever the entitled is entitled to a refund, Indie Campers shall process a transfer of the amounts to the travellers account within 5-10 business days.
The cancellation rates are determined according to the time remaining from the date of cancellation to the day of pick-up.
Rental Duration
1. Campervan rental charges are calculated on a calendar day basis. The pick-up and drop-off days are considered rental days, regardless of the pick-up and drop-off time.
2. Late Pick-ups or Earlier Drop-offs do not entitle the customer to any refund of the unused portion of the rental.
3. Pre-arranged after-hours pick-ups or drop-offs requested by the Hirer are subject to an additional fee according to the rental firm price table.
Office Hours
Indie Campers operates 7 Days per week, from 09:00 to 17:30.
Indie Campers requests the hirer to be at the office by latest 17:00 for pick-up and drop-off, unless a Late/Early Fee applies.
Vehicle Availability and Upgrades
If the exact model booked is not available, Rental Firm reserves the right to provide you a similar category or upgraded model, according to the pick-up location availability. Additionally, we cannot guarantee specific colors or designs for the vehicle rented.
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