1. RENTAL AGREEMENT TERMS AND CONDITIONS 2. THESE TERMS AND CONDITIONS, THE RENTAL RECORD SIGNED BY YOU AND ANY OTHER DOCUMENTS WHICH YOU ARE REQUIRED TO SIGN WHEN YOU RENT THE VEHICLE (AUTOMOBILE OR CAMPING TRAILER), AND WHICH MAY BE SIGNED ELECTRONICALLY, TOGETHER CONSTITUTE THE AGREEMENT FOR THE RENTAL OF THE VEHICLE IDENTIFIED ON THE RENTAL RECORD, INCLUDING ALL OF ITS PARTS. THIS AGREEMENT IS BETWEEN YOU AND THE COMPANY WHICH IS IDENTIFIED ON THE RENTAL RECORD DOING BUSINESS AS OVERLAND AMERICA CORP (HENCEFORTH REFERRED TO AS OVERLAND AMERICA). 3. Definitions. “Agreement” means all terms and conditions found in these Terms & Conditions, the Face Page, any addenda, and any additional materials that we provide and that you sign at the time of rental. “You” or “your” means the person identified as the renter in this Agreement, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or the renter's direction. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement. “We”, “our” or “us” means the rental company named in this Agreement. “Authorized Driver” means the renter and any additional driver listed by us on this Agreement provided that each such person has a valid driver's license and is at least 25 years of age. Only Authorized Drivers are permitted to drive the Vehicle. Except to the extent necessary for valet parking or in an emergency as permitted by law, no other persons are permitted to operate the vehicle for the purpose hereof, an “emergency” shall mean urgent circumstances under the laws of the jurisdiction in which the alleged emergency occurred. With respect to persons who must sign an Additional Authorized Operator Form, other qualifications may, at OVERLAND AMERICA’s discretion, be in effect at the time and place of rental and, where permitted by law, OVERLAND AMERICA may impose an additional fee for such persons. By operating the vehicle (whether an Additional Authorized Operator form is completed), an Authorized Operator will be deemed jointly and severally responsible for your obligations under this agreement related to the vehicle, as well as for any obligations that this agreement directly imposes on an Authorized Operator of the vehicle. “Vehicle” means the recreational vehicle, motor home, truck camper or other motorized vehicle identified in this Agreement and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, appliances, keys, and vehicle documents. The Vehicle may be equipped with global positioning satellite (“GPS”) technology or another telematics system and/or an event data recorder, and privacy is not guaranteed. “Loss of Use” means the loss of our ability to use the Vehicle for our purposes due to Vehicle damage or loss during this rental, including, without limitation, use for rent, display for rent and sale, opportunity to upgrade or sell, or transportation of employees. “Diminished Value” means the difference between the fair market value of the Vehicle before damage and its value after repairs as calculated by a third-party estimate obtained by us or on our behalf. “Charges” means the fees and charges that are incurred under this Agreement. “Rental Period” means the period between the time you take possession of the Vehicle until the Vehicle is either returned to or recovered by us and checked in by us. “Vehicle License Fee,” “Vehicle Licensing,” Vehicle License Prop Tax, “Vehicle License Cost Recovery Fee,” or “Motor Vehicle Tax” means a vehicle license cost recovery fee based on our estimated average per day per vehicle portion of our total annual vehicle licensing, titling, and registration costs or as otherwise defined under applicable law. 4. You are obtaining solely a bailment that allows you to use the vehicle as permitted by this agreement. You acknowledge that the car is owned by OVERLAND AMERICA. No one other than OVERLAND AMERICA may transfer the vehicle or any rights or obligations under this agreement. Any attempted transfer or sublease of the vehicle by anyone other than OVERLAND AMERICA is void. Neither you nor any authorized operators are agents of OVERLAND AMERICA. OVERLAND AMERICA MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR THAT THE CAR IS FOR ANY PARTICULAR PURPOSE. 5. Rental, Indemnity and Warranties. This is a contract for the rental of the Vehicle. We may repossess the Vehicle at your expense without notice to you if the Vehicle is abandoned or used in violation of law or this Agreement. You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental or your use of the Vehicle or our repossession of it. We make no warranties, express, implied, or apparent, regarding the Vehicle or Optional Equipment, no warranty of merchantability and no warranty that the Vehicle or Optional Equipment is fit for a particular purpose. 6. Condition and Return of Vehicle. You must return the Vehicle to our rental office or other location we specify, on the date and time specified in this Agreement, and in the same condition that you received it, except for ordinary wear. If you wish to extend the Rental Period, you must contact our rental office for confirmation of vehicle availability. Extensions will not be honored without verbal confirmation from an Overland America representative. If the Vehicle is returned after closing hours, you remain responsible for the loss of and any damage to the Vehicle until we inspect it upon our next opening for business, and Charges may continue to accrue. 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 and return the Vehicle with at least the same amount of fuel as when rented. If you do not return the vehicle when required by this agreement, then after OVERLAND AMERICA calls, emails or sends a letter (to the address you provided) demanding the vehicle return, OVERLAND AMERICA may at YOUR expense, recover the vehicle where and when it is found. If the vehicle is found illegally parked or apparently abandoned or if the vehicle is used or obtained as prohibited in this agreement, then OVERLAND AMERICA may recover the vehicle without demand. To the extent permitted by law, you waive any right to a hearing or to receive any notice or legal process a pre-condition for OVERLAND AMERICA recovering the vehicle. You expressly consent and agree that we may use electronic, or verbal means to contact you. You agree that OVERLAND AMERICA may use any email address or telephone number you provide to contact you, including manual calling, voice mail, text or emails. To the extent permitted by law, you authorize OVERLAND AMERICA’s use of the technology included in the vehicle, including to track the location of the vehicle, to disable the vehicle and to assist in the repossession of the vehicle. It is your responsibility to delete any Bluetooth synced data upon your return. You acknowledge and agree, to the extent permit by law, OVERLAND AMERICA may collect, process, charge on the basis of, add to your customer profile and take disciplinary action on the basis of data derived from in-car telematics and the devices and gauges. Actions may include suspension or terminations of your ability to continue to rent vehicles from OVERLAND AMERICA. 7. Time Charges. Time Charges are computed at the rates specified on the Rental Record for the days or weeks, extra hours, and extra days (including days in excess of any longer specified time period). The minimum rental charges are for one rental half-day. Half-days consist of a 4-hour period (normally 9:00 a.m. - 1:00 p.m. and 2:00 p.m. - 6:00 p.m.). Rental Full-Days consist of consecutive 9-hour period starting at the time the rental begins, or any portion of a calendar day, as noted on the rental record (normally 9:00 a.m. - 6:00 p.m. or as noted on the rental contract). Camping trailer rentals can start at either 9:00am or 2:00pm and must be returned by 8:00am on the return day unless otherwise stated by an employee of Overland America. The late charge shown on the rental record is charged for each full or partial hour in excess of a rental day. Late charges may total more than the “normal” daily half-day or full-day cost. Late returns beyond a 10-minute grace period are subject to late return fees listed on rental contract. If the vehicle is returned after hours, charges may continue to accrue until the return location reopens for business. If you fail to comply with any conditions specified not in the rental record applicable to special rates, OVERLAND AMERICA’s otherwise applicable rental rates will be charged. a. EARLY RETURN FEE. OVERLAND AMERICA does not charge, nor provide refunds, for early return on half-day or full-day rentals. Multi-day rentals may receive a refund for the unused days but will be charged at least $100 for each day remaining on the contract. b. LATE RETURN FEE. A late return fee of 25% of base rate will be applied, after a 10 min grace period. This fee will be applied in addition to any change in rental rate that occurs because of extending your rental. In addition, if the late return causes the cancelation of the next rental an “inconvenience fee” of $500 will be charged. 8. Responsibility for Damage or Loss. You are responsible for all damage to or loss or theft of the Vehicle, including (but not limited to): - Accidents
- Damage caused by weather
- Acts of God or terrain conditions
- Fire
- Scratches, gouges, or cuts in the paint (beyond normal wear and tear)
- Lost, Stolen or Damaged Accessories
- Vandalism & Theft
- Interior Damage
9. Responsibility. Your responsibility will include: (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle, less salvage; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which is measured by multiplying your daily rental rate by either the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty; (c) an administrative fee, calculated based on the damage repair estimate as follows, which you agree is reasonable: $0-$250 damage = $50 fee; $251-$500 damage = $75 fee; $501-$750 damage = $100 fee; $751-$1500 damage = $150 fee; $1501-$2500 damage = $200 fee; over $2500 damage = $250 fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorney’s fees, collection fees, and costs whether or not litigation is commenced. You must report all accidents or incidents of theft and vandalism to us and the police as soon as you discover them. 10. THE RENTER, BY SIGNING THIS CONTRACT AND PROVIDING A CREDIT CARD FOR DAMAGE DEPOSIT AGREES TO BE RESPONSIBLE FOR ALL DEDUCTIBLES, DAMAGES AND LOSSES, WITHOUT THE CONSIDERATION OF FAULT. 11. Replacement Cost. Final Replacement Cost will be determined at time of loss and may vary depending on availability, degree of damage and repair facility estimate. “Typical” replacement cost as follows: - Bumpers: $800 - $1,200
- Tire: $350 - $500 each
- Shocks: $150 - $250 each
- Fender Flare: $250 - $400
- Windshield: $600 - $1000
- Panels, Doors and Tops: ($600 - $2000)
- Electronics: Any electronics that come with the rental
12. Revenue loss: Revenue loss will be equal to the two Half-Day rental fees for the vehicle or a full day rate for the camping trailers per day the equipment is out of commission and not able to be rented by other parties. 13. Prohibited Uses. The following uses of the Vehicle are prohibited and are material 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 a prescription or non-prescription 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 felony or other 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 materiel; (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) to transport more persons than the Vehicle has seat belts, or to carry persons outside the passenger compartment; (l) to transport children without approved child safety seats as required by law; (m) when the odometer has been tampered with or disconnected; (n) 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; (o) in a manner that causes damage to the Vehicle due to inadequately secured cargo; (p) after an accident with the Vehicle unless and until you summon the police to the accident scene; (q) to transport an animal (other than a service animal) unless prior approval received by Overland America staff; (r) in or through a structure of an underpass, gas station, drive through, or other object where there is insufficient clearance (width or height); (s) by anyone who is sending an electronic message, including text (SMS) messages or emails, while operating the Vehicle; or (t) in violation of any “Rules of the Road”, vehicle safety and operations training, or other similar materials or instructions that we provide to you at the time of rental. Sitting, standing, or lying on the roof of the Vehicle and smoking in the Vehicle also are prohibited. Taking Vehicle to Camp 5 is prohibited unless prior approval from Overland America staff is obtained and you have received additional training on Camp 5 operations. PROHIBITED USE OF THE VEHICLE VIOLATES THIS AGREEMENT AND VOIDS ALL LIABILITY AND OTHER INSURANCE COVERAGE (WHERE PERMITTED BY LAW). 14. Optional Equipment. We offer certain Optional Equipment, including coolers, fishing poles, and camping chairs upon request and subject to availability 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. 15. Insurance. Rental costs for automobiles include an insurance policy (“Policy”) that provides automobile Liability, Comprehensive Collision and Uninsured Motorists coverage for bodily injury and property damage to third parties with limits no higher than the minimum amounts stated in the financial responsibility insurance laws of the state whose laws apply to the loss ($25,000 per person, $50,000 per accident and $25,000 property damage with a $1,000 deductible). Any insurance we are required to provide is excess to any other valid and collectible insurance whether primary, secondary, excess, or contingent. The Policy contains exclusions, conditions, and limitations applicable to anyone claiming coverage. PIP, medical payments, no fault, uninsured or under insured motorist coverage will be for the minimum limits required by applicable law. You must: (a) report all damage to us and all accidents to us and the police as soon as you discover them and complete our incident report form; and (b) provide us with a legible copy of any service of process, pleading, or notice of any kind related to an accident or other incident involving the Vehicle; (c) keep Garmin in-reach mini in line-of-sight to the sky at all times (dashboard). 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. For camping trailers, the customer must have their own insurance that covers towed Vehicle. Customer MUST provide proof of full coverage insurance that covers towed Vehicle, to Overland America. 16. Additional Insurance. Options: MBA Insurance offers Supplemental Liability Insurance (SLI) for $14.95 per day ($200,000 per person, $1,000,000 per accident and $50,000 property damage with a $1,000 deductible). Insurance can be purchased at www.mbasli.com. Required information: Policy number, rental dates, payment information. YOU ARE RESPONSIBLE FOR ALL DAMAGE TO THE VEHICLE. The included LIABILITY/COMPREHENSIVE/UNINSURED MOTORIST coverage DOES NOT cover damages or costs listed in paragraphs 8-12. Any damage to the vehicle costing less than the deductible will be charged to payment method presented at check-in. 17. Specialized Damage Waiver (SDW). An SDW (which is not insurance) can be purchased at check-in to cover tire or windshield damage. Fee is not refundable and only covers a single item (Tire SDW covers one tire, not all four). - Tire $25/day
- Windshield: $25/day
18. Charges and Costs. You permit us to reserve against your credit/debit card (“Reserve”) or take a cash deposit (“Deposit”) at the time of rental a reasonable amount in addition to the estimated charges. We may use the Reserve or Deposit to pay all Charges. We will authorize the release of any excess Reserve or refund any excess Deposit after 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 released by the card issuer, and refund of your Deposit may require up to 5 days to process and return. You will pay us, or the appropriate government authorities, at or before conclusion of this rental or on demand all Charges, including: (a) base rental rate for the Rental Period; (b) excess mileage fee if applicable; (c) charges for additional drivers; (d) optional products and services you purchased; (e) fuel, if you return the Vehicle with less fuel than when rented; (f) applicable taxes and surcharges; (g) all expenses we incur in locating and recovering the Vehicle if you fail to return it or if we elect to repossess the Vehicle under the terms of this Agreement; (h) all costs, including pre and post judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (i) a reasonable fee not to exceed $75 to clean the Vehicle if returned substantially less clean than when rented; (j) a fee of up to $400 if you lose the keys to the Vehicle; (k) a surcharge if you return the Vehicle to a location other than the location where you rented the Vehicle or if you do not return it on the date and time due, and 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 if a special or promotional rate applied to the initially agreed rental period; and (l) replacement cost of lost or damaged parts and supplies used in Optional Equipment. All Charges are subject to our final audit. If errors are discovered after the close of this transaction, you authorize us to correct the Charges with the payment card issuer. - RECOVERY EXPENSE PARTI consists of all cost of any kind incurred by OVERLAND AMERICA in recovering the OVERLAND AMERICA vehicle either under this agreement, or if it is seized by governmental authorities because of its use by you, any authorized operator, or any other operator with your permission, including, but not limited to, all attorneys’ fee, court costs, and an administrative Fee.
- RECOVERY EXPENSES PART II consists of all cost of any kind incurred by OVERLAND AMERICA in rescuing you or the vehicle (s). Recoveries include, but are not limited to, situations of you getting lost, getting the vehicle stuck/unable to move or needing emergency services. OVERLAND AMERICA charges $250 per hour for recovery and towing services.
- COLLECTION EXPENSE consists of all costs of any kind incurred by OVERLAND AMERICA in collecting charges from you or the person, corporation, or other entity to whom they are billed, including but not limited to all attorneys’ fees and court cost.
- LATE PAYMENT FEES may be applied to any balance due for charges that are not paid within 10 days of OVERLAND AMERICA’s mailing an invoice for such Charges to you or the person, corporation, or other entity to whom they are to be billed. Such invoice may be mailed either to your or their address specified at time or rental, or your or their billing address on file with OVERLAND AMERICA.
- FINES AND OTHER EXPENSES include, but are not limited to, fines, penalties, attorneys’ fees and court costs assessed against or paid by OVERLAND AMERICA resulting from the use of the vehicle by you, and authorized operator or any other operator with your permission.
- CHARGES FOR ADDITIONAL SERVICES such as OVERLAND AMERICA, In-Car Navigation System, alternate GPS, or other navigational systems, camping equipment or outdoor equipment will be charged at the applicable rates specified on the rental record. Charges for additional services, if stated on the rental record as a daily rate, are due and payable for each full or partial rental day.
- LOST, DAMAGED EQUIPMENT. If any OVERLAND AMERICA equipment is lost, damaged or stolen while the vehicle is out for rent, you must notify OVERLAND AMERICA and you will be responsible for any replacement, delivery and administrative charges.
- ANY OTHER CHARGES specified on the rental record will be charged at the applicable rates specified on the rental record. Any such charges with a re stated not he rental record as a daily rate shall be due and payable for each full or half-day.
- SMOKING FEE. In the event it is determined by OVERLAND AMERICA personnel that you smoked in the vehicle (based on odor, test strips, damage, or other mechanisms) or the vehicle smells of cigarettes, vapes, marijuana, or other smoke, you WILL BE charged a $500 cleaning fee.
- PET FEE. Animals (other than service animals) are not allowed unless prior approval is received by Overland America staff. If approved, Overland America will uphold an "invisible pet policy". There will be no fee if vehicle is returned with no evidence that an animal was in the vehicle. Otherwise, there will be a reasonable fee not to exceed $75 to clean the vehicle.
- CAMP 5. If Vehicle is operated at Camp 5 without Overland America staff approval and training, there will be a $2000 fee charged, plus cost of any damages incurred to vehicle.
19. Refueling Options. Most OVERLAND AMERICA rentals come with a full tank of gas, but that is not always the case. There are two refueling options: a. Return the vehicle with the fuel level shown on the rental contract. You will not pay OVERLAND AMERICA a charge for fuel. You must refill the tank within a 10 mile radius of the rental return facility. b. Return the vehicle with less the fuel level shown on the rental contract. In this case, you agree to pay OVERLAND AMERICA $25 refueling fee (regardless of the amount of fuel needed) plus a $3.00 per gallon service fee, plus the going cost of fuel. To calculate this amount, OVERLAND AMERICA multiplies the number of gallons needed to refill the fuel tank to the level it was at when you received the vehicle, times the per-gallon rate. 20. Lost Key/Fobs and Lockouts. If you lose the keys or FOB to the vehicle, you must notify OVERLAND AMERICA and you may be charged replacement cost along with “recovery fees” stated in paragraph 17. If the keys or FOB is locked in vehicle, you must notify OVERLAND AMERICA and you may be charged “rescue fees” stated in paragraph 17 to unlock the doors. You agree to not call a mechanic, locksmith or similar service for these situations. Vehicle will be returned at the time stated on rental contract or all fees will apply. 21. Personal 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. 22. Responsibility for Tolls, Traffic Violations, and Other Charges. You are responsible for paying the charging authorities directly 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, us or the Vehicle during the Rental Period. If we are notified by charging authorities that we may be responsible for payment of a Toll or Violation, you will pay us or a processing firm (“Processor”) of our choosing an administrative fee of up to $50 for each such notification. You authorize us to release your rental and payment card information to a Processor for processing and billing purposes. If we or the Processor pay 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. 23. Our Responsibility to You if the Vehicle becomes Inoperable. If the Vehicle becomes inoperable for more than 24 hours, our liability to you is limited to the refunded amount of the daily rental rate times the number of days the Vehicle is inoperable. 24. Personal Information. You agree that we may disclose personally identifiable information about you to applicable law enforcement agencies or to other third parties in connection with our enforcement of our rights under this Agreement and other legitimate business functions. Questions regarding privacy should be directed to the location where you rented the Vehicle. 25. Miscellaneous. No term of this Agreement can be waived or modified unless done so in writing and signed by both parties. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void. 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. 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. 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. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. This Agreement will be governed by the substantive law of the jurisdiction where the rental commences, without giving effect to the choice of law rules thereof, and you irrevocably and unconditionally consent and submit to the nonexclusive jurisdiction of the courts located in that jurisdiction. 26. Limits on Liability. a. OVERLAND AMERICA will not be liable to you or any authorized operators for any indirect, special, or consequential damages (including lost profits) arising in any way out of any matter covered by this agreement. b. You understand and agree that it is improper for you to file a lawsuit concerning this agreement against any entity other than OVERLAND AMERICA 27. Privacy.OVERLAND AMERICA may collect and use personally identifiable data about you in accordance with OVERLAND AMERICA privacy policy for rental customers. Among other things, the privacy policy provides that OVERLAND AMERICA may use and disclose personally identifiable data about you as it reasonably believes is necessary to protect its business; to comply with applicable law; to protect the rights, privacy, safety or property of you or others; and to permit OVERLAND AMERICA to pursue available remedies or limit the damages that it may sustain. OVERLAND AMERICA may disclose personally identifiable data about you in response to requests from law enforcement agencies or government regulators through a legal means of adhering to a warrant issued by a judge. Pursuant to the privacy policy. OVERLAND AMERICA does not share any information about you for marketing purposes. 28. Waiver or Change of Terms/Governing Law. a. No term of this agreement may be waived or changed except by a writing signed by an expressly authorized representative of OVERLAND AMERICA. Rental representatives are not authorized to waive or change any term of this agreement. b. This agreement shall be governed by the substantive law of the jurisdiction in which the rental commences, without giving effect to the choice of laws rules thereof and you irrevocably and unconditionally consent and submit to the nonexclusive jurisdiction of the courts located in that jurisdiction. c. If any provision of this agreement conflicts with any applicable law or regulation in any jurisdiction, then that provision shall be deemed to be modified as to that jurisdiction (but, to the extent permitted by law, not elsewhere) to be consistent with such law or regulation, or to be deleted if in full force and effect. If any provision of this agreement is held to be so broad as to be unenforceable in any jurisdiction, then that provision shall be interpreted to be only so broad as is necessary for it to be enforceable as to such jurisdiction (but, to the extent permitted by law, not elsewhere). 29. Payment of Intermediaries. If you arranged for this rental through a travel agent, internet travels site, broker or other intermediary acting on your behalf, OVERLAND AMERICA may have paid commissions or other payments to that party to compensate it for arranging such rentals. That compensation may be based in part on the overall volume of business that party books with OVERLAND AMERICA. For details on such compensation, you should contact that party. 30. Arbitration and Class Action Waiver. This agreement requires arbitration or a small claims court case on an individual basis, rather than jury trials or class actions. By entering into this agreement, you agree to this arbitration provision. Except for claims for property damage, personal injury or death, ANY DISPUTES BETWEEN YOU AND OVERLAND AMERICA Corp, their directors and respective officers and employees and any vendor or third-party providing services for this rental transaction) MUST BE RESOLVED ONLY BY ARBITRATION OR IN A SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS: CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT ALLOWED. YOU AND OVERLAND AMERICA EACH WAIVE THE RIGHT TO A TRAIL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER. You and OVERLAND AMERICA remain free to bring any issues to the attention of government agencies. This arbitration provision’s scope is broad and includes, without limitation, any claims arising from or relating to this agreement or any aspect of the relationship or communications between us, whether based on contract, tort, statute, fraud, misrepresentation, equity, or any other legal theory. It is governed by the Federal Arbitration Act, 9 U.S.C, 1 et seq. The American Arbitration Association (AAA) will administer any arbitration pursuant to its consumer arbitrations rules (the “Rules”). You can obtain the Rules at www.ard.ord. You or we may commence an arbitration by providing a written demand for arbitration to the other (to us, OVERLAND AMERICA P.O. Box 592 Custer, SD 57730) and two copies of the demand to the AAA. The arbitrator may award injunctive relief as well as money, but only in favor of and as warranted by the claim of the individual party seeking relief. Judgment on the arbitral award may be entered in any court having jurisdiction. An arbitration award and any judgment confirming it apply only to the specific parties in that case and cannot be used in any other case except to enforce the award itself. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of representative or class action. IF YOU DO NOT WISH TO AGREE TO THIS ARBITRATION PROVISION, YOU MUST NOTIFY OVERLAND AMERICA IN WRITING WITHIN 30 DAYS OF YOUR RECEIPT OF THIS AGREEMENT BY EMAIL TO (admin@oa-us.com) OR BY MAIL (P.O. Box 592 Custer, SD 57730). Include your name, address, the rental contract number and a clear statement that you do not agree to this arbitration provision. If you have previously notified OVERLAND AMERICA of your decision to opt out of this arbitration provision, you do not need to do so again. 31. "SightSeeing/Touring Rate". The "Sightseeing or Touring" rate is for customers who wish to use the vehicle for sightseeing/touring and NOT for off-roading. If renting a vehicle at the "Sightseeing/Touring" rate and it is found that you took the vehicle off road, you WILL BE charged at the full off-roading rate for the entire duration of rental.
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