Rental Agreement

This Camper Van Rental Agreement ("Agreement") is entered into between Big Island Campers Inc. (“Owner”) and Renter (“Renter”), collectively the “Parties”, and outlines the respective rights and obligations of the Parties relating to the rental of the selected Camper Van rental (“Rented Vehicle”).

RENTAL TERM

The term of this Camper Van Rental Agreement runs from the selected date and hour of vehicle pickup until the selected date and hour of vehicle return Owner, and completion of all terms of this agreement by both Parties. The Parties may shorten or extend the estimated term of rental by mutual consent.

SCOPE OF USE

Renter will use the Rented Vehicle only for personal use, and operate the Rented Vehicle only on properly maintained roads and parking lots. Renter will comply with all applicable laws relating to holding licensure to operate the vehicle, and pertaining to operation of motor vehicles. Renter will not sublease the Rental Vehicle or use it as a vehicle for hire. The renter acknowledges that certain roads including but not limited to Green Sands Beach, Waipio Valley, and the road above the Visitor Center on Mauna Kea, require a four-wheel drive vehicle to access safely. The tenant agrees that any use of such four-wheel drive roads is prohibited, and the Owner shall not be held liable for any damages or injuries resulting from the tenant's use of these roads. Additionally, the tenant acknowledges that other non-paved roads, such as the road to Makalawena Beach, may be accessible with a regular two-wheel drive vehicle, but use of such roads is at the driver's discretion, and the Owner shall not be held liable for any damages or injuries resulting from the tenant's use of these roads.

The Renter acknowledges that certain roads on the island may have steep hills or inclines, such as Saddle Road, which may require the tenant to exercise caution while driving. The renter agrees to downshift their vehicle to second gear and use their engine to slow the vehicle when descending steep hills, in order to maintain control and prevent damage to the brakes. The renter acknowledges that failure to follow this protocol may result in damage to the vehicle or injury to themselves or others, and the owner shall not be held liable for any damages or injuries resulting from the renter's failure to comply with this protocol and will forfeit the security deposit and will pay for any damages in excess of deposit.

RENTER WILL NOT ALLOW ANY OTHER PERSON TO OPERATE THE RENTED VEHICLE UNLESS MUTUALLY AGREED UPON IN WRITING.

Renter must pay a cleaning and prep fee which covers clean linens, full water tank, performing fluid and maintenance checks. Payment is accepted by cash, credit card, Zelle, or Venmo. Full payment is required before key exchange.

SECURITY DEPOSIT

Renter will be required to provide a security deposit to Owner prior to key exchange, to be used in the event of loss or damage to the Rental Vehicle during the term of this agreement. Owner may, in lieu of collection of a security deposit. In the event of damage to the Rental Vehicle, Owner will apply this Security Deposit to defray the costs of necessary repairs or replacement. If the cost for repair or replacement of damage to the Rental Vehicle exceeds the amount of the Security Deposit, Renter will be responsible for payment to the Owner of the balance of this cost.

INSURANCE

Renter must provide to Owner with proof of insurance that would cover damage to the Rental Vehicle at the time this Agreement is signed, as well as personal injury to the Renter, passengers in the Rented Vehicle, and other persons or property. If the Rental Vehicle is damaged or destroyed while it is in the possession of Renter, Renter agrees to pay any required insurance deductible and also assign all rights to collect insurance proceeds to Owner.

You are responsible for all damage to your specified rental vehicle and/or loss you cause to others. You agree to provide auto liability, collision and comprehensive insurance covering you, us and the Vehicle. You agree that any insurance that provides coverage to You or to any Authorized Driver shall be primary; and such insurance shall be responsible for the payment of any and all claims. Where state law requires us to provide auto liability insurance, or if you have no auto liability insurance, we provide auto liability insurance (the “Policy”) that is secondary to any other valid and collectible insurance whether primary, secondary, excess or contingent. The Policy provides bodily injury and property damage liability coverage with limits no higher than minimum levels prescribed by the vehicular financial responsibility laws of the state whose laws apply to the loss. You and we reject PIP, medical payments, no-fault and uninsured and under-insured motorist coverage, where permitted by law. The Policy 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.

INDEMNIFICATION

By signing this agreement, the Renter agrees to indemnify and hold harmless Big Island Campers, its agents, employees, and representatives, from and against any and all claims, liabilities, damages, losses, injury, to self or others, costs, and expenses, including but not limited to legal actions or attorney fees, arising out of or in connection with the Renter's operation or use of the camper van.

The Renter understands and acknowledges that the use of the camper van involves inherent risks, including but not limited to the risk of bodily injury. The Renter assumes all such risks and agrees that Big Island Campers shall not be liable for any injuries or damages sustained during the rental period. Renter will also pay for any parking tickets, moving violations, or other citations received while in possession of the camper van.

The Renter further agrees to release, discharge, and waive any claims against Big Island Campers arising out of the use of the camper van, whether caused by the negligence of Big Island Campers, its agents, employees, or otherwise.

This indemnity clause shall survive the termination of the rental agreement.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii, and any applicable federal laws. Both Parties consent to the jurisdiction of the courts of the State of Hawaii in connection with any dispute arising under this agreement.

ASSIGNMENT AND SUBLETTING

Renter shall not assign this agreement or sublease the Rental Vehicle without the prior written consent of Owner.

WAIVER OF BREACH

The waiver by Owner of any breach of this agreement by Renter shall not be construed as a waiver of any subsequent breach.

SEVERABILITY

If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.

HEADINGS

The headings in this agreement are for convenience only, and shall not be used to interpret or construe any provision of this agreement.

ACKNOWLEDGEMENT

Renter certifies that he/she/they has read and understand all the terms and conditions of this Agreement and agrees to be bound by them.

Renter acknowledges receipt of the Rental Vehicle in good condition and agrees to return it in the same condition (reasonable wear and tear excepted) based on the Rental dates.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date and time Renter clicks “Accept” as part of the confirmed checkout process on this website.