1. Welcome
Thank you for choosing Apollo Motorhome Holidays LLC (‘Apollo’) for your vehicle
rental requirements. We are very proud of our product and our reputation. We have
built our business on providing the best possible experience for our customers. Your
safety and security are our greatest concerns, so to assist in your holiday being a
wonderful experience, it is important for you to carefully read and understand the
following information.
2. Denitions
"Agreement" means all terms and conditions found in Parts A and B of this form, any
addenda and any additional materials you sign or we provide at the time of rental.
"You" or "your" means the person identied 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 Apollo Motorhome Holidays LLC (“Apollo”). "Authorized Driver"
means (a) the renter; (b) the renter’s spouse, (c) the renter’s employer, employee or
co-worker if engaged in business activity with the renter while using the Vehicle, (d)
and any additional driver listed by us on this Agreement. Only Authorized Drivers
are permitted to drive the Vehicle. Each Authorized Driver must be at least age 21
and possess a valid driver’s license. “Vehicle" means the recreational vehicle, motor
home, truck camper or other motorized vehicle identied 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 system (GPS) or similar telematics device, which may use cellular telephone
or radio signals to transmit data, and therefore your privacy cannot be guaranteed.
"CDW" means Collision Damage Waiver. “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. Damages for Loss of Use are
often difcult to determine with precision. Therefore, you and we agree that Loss of
Use will be calculated by multiplying the number of days from the date the Vehicle is
damaged until it is replaced or repaired multiplied by the daily rental rate, which you
and we agree represents a reasonable estimate of actual damages and not a penalty.
Loss of Use shall be payable regardless of whether we had other vehicles in our eet
to rent, or the Vehicle would have been used but for the damage “Diminished Value”
means the difference between the value of the Vehicle just prior to damage or loss
and the value of the Vehicle after repair or replacement as calculated by a third-party
estimate obtained by us or on our behalf. “Vehicle License Cost Recovery Fee”
means our estimate of the average per day per vehicle portion of our total annual
vehicle licensing, titling, and registration costs that we are permitted to recover
under applicable law. “Remote Areas” means geographic areas that are unsafe
to travel without taking some important precautions such as determining road and
weather conditions. Remote Areas include, without limitation, Death Valley or any
area described on a map as a desert. Vehicles may not be driven in Remote Areas
without the prior written consent on Apollo, which consent may be withheld in Apollo’s
sole discretion. "Gross Rental Rate" means the nett rate including the applicable
commission.
3. Rental, Indemnity and Warranties
This is a contract for rental of the Vehicle. This Agreement shall be read and construed in
its entirety and shall constitute the entire agreement between Apollo and You and shall
supersede all other provisions, terms, warranties or conditions contained in any other
agreement, brochure, advertising material or representation. This Agreement shall be
governed in accordance with the laws of California in the United States of America. Any
actions, claims, demands or suits arising out of or in respect of this Agreement must
be brought in the courts in Los Angeles, California. You agree to indemnify, defend
and hold harmless Apollo. Its ofcers, directors, members, stockholders, managers,
employees and agents from and against any all claims, losses, damages or expenses
of any kind or nature (including, without limitation, reasonable attorneys’ fees) arising
from or relating to: (i) any breach of this Agreement by You, or (ii) Your negligence or
wilful misconduct. At all times during the rental of the Vehicle, You must comply with all
applicable laws, rules, regulations, ordinances, codes and the like, including, without
limitation, any park or campground rules.
We make no warranties, express, implied or apparent, regarding the Vehicle, no
warranty of merchantability and no warranty that the Vehicle is t for a particular
purpose.IN NO EVENT SHALL APOLLO, ITS OFFICERS, DIRECTORS,
SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, OR AGENTS BE
LIABLE FOR CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES,
INCLUDING, WITHOUT LIMITATION, LOST PROFITS, EVEN IF YOU ARE TOLD
THAT THOSE DAMAGES MAY OCCUR
4. Vehicle Condition and Return
(a) You acknowledge the Vehicle was delivered to You by Apollo in good operating
condition and with the seal of the odometer unbroken. You agree to return the
Vehicle inthe same condition (except ordinary wear and tear) to the location and
on the date and time specied in Rental Vehicle Agreement Part A (the "Due-
In Location") and on the date and time specied in Rental Vehicle Agreement
Part A (the "Due-In Time") or earlier is demanded by Apollo.
(b) You acknowledge that the Vehicle is sole property for Apollo.
(c) You acknowledge that the only existing damage to the Vehicle at the
commencement of this Agreement is detailed on the Vehicle Condition Report.
You are responsible for all damage that is not noted on the the Vehicle
Condition Report.
(d) We may reposess the Vehicle at your expense without notice to you, if the
Vehicle is abandoned or used in violation of law or this Agreement and we,
our employees or agents may enter on any property where the Vehicle is
situated. You will indemnify Apollo, its employees and agents from claims by any
person resulting from such entry and retaking of the Vehicle.
(e) If seal of the odometer is broken or otherwise tampered with, You will be
responsible for an extra charge based on 300 miles oer night at $1 per mile,
plus the costs of repairing or replacing the odometer. Additionally, the person/s
responsible will be reported to the police.
(f) If You fail to return the Vehicle to the location specied in Rental Vehicle
Agreement Part A ("Due-In Location"). You will be responsible for all costs
associated with transporting or towing the Vehicle to the "Due-In Location"
unless otherwise agreed by Apollo in writing.
(g) If the Vehicle is returned after closing hours, you remain responsible for the loss
of it and all damage to it until we inspect it upon our next opening for business
and Charges will continue to accure.
(h) To extend the rental period, You must have received our approval before the
dates specied in Rental Vehicle Agreement Part A (the "Due-In Date").
Rental extension is subject to availability. The extra cost of an extended rental
must be paid by credit card over the telephone or at an Apollo Branch
immediately on conrmation of the rental extension. The additional nights will be
at the Gross Rental Rate available at the time of the extension. Failure to obtain
authoization will result in You being charged double the nightly gross rental rate.
5. Vehicle Maintenance Every 300 Miles
The oil, uids and coolant levels must be checked by You every 300 miles. You
must add water/coolant to the cooling system and an appropriate SAE rated oil for
gasoline or diesel powered vehicles (as applicable) to the engine if the indicator
level is below minimum. You agree to maintain the Vehicle in these conditions and
acknowledge that any mechanical damage occasioned as a result of Your failure to
maintain the Vehicle described by this clause will be paid by You. Maintaining the
appropriate oil uid and coolant levels is not considered a repair and will be sibject
to reimbursement.
6. Mechanical Breakdowns
Any mechanical problems associated with the Vehicle must be reported to
Apollo Fleet Maintenance as soon as possible in order to give Apollo the
opportunity to rectify the problem during the rental period. Equipment failure
must also be reported to Apollo. If Apollo is either not contacted or You do not
allow Apollo the opportunity to rectify the problem during the rental period You
agree that the problem is of such a minor nature that You make no claim for
loss of time in respect of the rental period. You also agree that Apollo is not
responsible for any claims made by You after the return of the Vehicle.
Note: You agree to be charged a fee where it is established that Roadside Assistance
could have been avoided in cases such as keys being locked in the vehicle, depleted
batteries caused by lights having been left on and other such similar occurrences.
7. Repairs
Any individual repair up to $100 needs no authorization from Apollo and all that
is necessary for full reimbursement to You from Apollo is a proper receipt for the
amount of the repairs. If any individual repair is more than $100 then You must notify
Apollo and obtain Apollo’s consent before the repairs are carried out. Any repair
work for which You take the Vehicle must be performed by an authorized provider in
accordance with the manufacturer's warranty. If the Vehicle cannot be driven as a
result of a breakdown, Apollo will only reimburse You for the time that the Vehicle was
not available for use. Subject to availability, Apollo will provide a replacement vehicle.
However, cosr you incur in travelling to an Apollo location is Your responsibility.
The failure of accessories such as air-conditioners, generators, hot water systems,
awnings, rear vision cameras, televisions, microwaves, stove and grill, water pump,
camping kit items, shower and toilet, refrigerators and radio/cassettes/CD/DVD/video
players are not considered a breakdown and no amount will be paid by Apollo to You.
Apollo is not responsible for any accommodation charges, meals, change of itinerary
or out of pocket expenses resulting from a breakdown of the Vehicle or as a result
of any accident. You will not hold Apollo responsible for any insect infestation such
as and not limited to ants, ies, cockroaches, eas, bedbugs and mosquitoes. You
acknowledge that it can be difcult to carry out repairs during weekends and holiday
periods and/or remotes areas due to limited opening times and/or spare parts.
8. Tires/Windshields
Authorization must be obtained before tires or windshields can be replaced. You are
responsible for replacing damaged tires (for example but not limited to, blowouts,
punctures, sidewall damage, tire staking, etc) unless caused by normal wear.
Maintain pressures as per the Vehicle instructin manual. Only purchase new steel
radial tires of the same size and ply rating as is on the Vehicle. If you purchase tires
of a different size or ply Apollo will give no refund. You are responsible for replacing
damaged windshields.
9. Unauthorized and Prohibited Uses
The following uses of the Vehicle are prohibited and constitue breaches of this
Agreement.
(i) The Vehicle shall not be used by the following persons:
(a) By anyone who is not an Authorized Driver.
(b) By anyone who does not have a valid license for that class of Vehicle.
(c) By anyone under the inuence of drugs or alcohol in violation of law.
(d) By anyone who has provided a false or fraudulent
information to us and we would not have rented the
Vehicle to You had we received true information.
(e) By anyone whose driver’s licence has been suspended
2 years immediately preceding the date of this Agreement.
(f) By anyone who has held driver’s licence for less than two years.
(g) By anyone under 21 years of age.
(h) By anyone who uses the Vehicle for any illegal purpose.
(ii) The Vehicle must not be used:
(a) Outside the geographic area shown in Rental Vehicle Agreement Part A.
(b) In breach of the travel restrictions set forth in section 15.
(c) For any commercial purpose, including carrying
persons for hire, or to carry any inammable, explosive
or corrosive materials, or to transport property for hire.
(d) To push or tow anything without Apollo's prior written consent.
(e) To carry a greater load (including, without limitation, all
occupants, uids and gear); more persons; or to use the Vehicle
for a purpose for which the Vehicle is designed and manufactured.
(f) In connection with speed test or contest, or driver training activity.
(g) In a dangerous or negligent manner.
(h) Under circumstances that could be properly charged as a crime other than a
minor trafc violation.
(i) To transport an animal (except service animals), unless authorized by
Apollo.
(j) In or through a structure, a bridge, car park, drive-through, an underpass or
other object where there is insufcent clearance (width or height).
10. Charges
We accept American Express, Visa, MasterCard, Visa Debit, MasterCard Debit and
Diners Club. We reserve the right to discontinue acceptance of any type of credit card
at anytime. You permit us to charge or take reserve against your credit card at the
time of the rental up to $1,500 as a deposit ("Deposit"). We may use the Deposit to
pay all amounts owed to us under this Agreement. You will pay us at or before the
conclusion of this rental or on demand all Charges, including: but not limited to (a)
time and mileage for the period you keep the Vehicle, or a mileage charge based on
our experience if the odometer is tampered with: (b) optional products and services
you purchased; (c) fuel, if you return the Vehicle with less fuel than when rented; (d)
applicable taxes; (e) towing, storage charges, forfeitures, court costs, penalties and
all other costs we incur resulting from your use of the Vehicle during this rental; (f) all
costs, including pre- and post-judgment attorney fees, we incur collecting payment
from you or otherwise enforcing or defending our rights under this Agreement; (g) a 2%
per month late payment fee, or the maximum amount allowed by law, on all amounts
paid after payment is due; (h) $50, plus $5/mile for every mile between the renting
location and the place where the Vehicle is returned, reposed or abandoned, plus
any additional recovery expenses we incur; (i) one-way rental fee up to $700 if you
do not return the Vehicle to the location where you picked it up; (j) a late return fee
equal to 2 times the standard rental charge if you do not return the Vehicle by the
Due-In Date; (k) a reasonable fee not to exceed $500 to clean the Vehicle if returned
substantially less clean than when rented; (l) a reasonable fee not to exceed $1500 for
damage to the Vehicle awning; and (m) all applicable taxes, surcharges, fees and other
charges required under applicable law. All amounts are subject to nal audit. If errors
in computation of the charges are discovered after the close of this transaction, you
authorize us to correct the charges with your payment card issuer. All amounts are in
U.S. dollars, and you acknowledge that there may be variations in the amount debited
to your payment card due to exchange rate uctuations.
11. Cancellation Fees
There is no refund for late pick up or early return of the Vehicle.
All other cancellation fees are outlined in the Summary Rental Conditions.
12. Change of Vehicle
Should the vehicle booked be unavailable through unforeseen circumstances, Apollo
reserves the right to substitute an alternative vehicle without prior notication and at
no extra cost. This change of vehicle shall not constitute a breach of contract and
does not entitle You to a refund.
13. Voluntary Downgrade
Should You decide to take a lower grade model than booked You will not be entitled
to a refund.
14. Conditional Upon Payment
Where applicable, You agree that this Agreement is conditional upon Apollo being
paid by the Travel Agent or Travel Wholesaler who arranged this Agreement on Your
behalf. You agree that You will pay to Apollo, upon demand, any shortfall based on
standard gross rental rate for the rental period.
15. Travel Restrictions
(a) Vehicles:-
(i) can only be driven on sealed/bitumen made roads or well maintained
access roads less than 550 yards long to recognised campgrounds.
(ii) cannot be driven to Mexico, Alaska, Yukon and the Northwest
Territories and Newfoundland.
(iii) cannot be driven in Remote Areas during the months of May
to September inclusive. At all other times You may do so as long
as written permission is obtained from Apollo prior to travel.
(iv) Campervans and Class "A" or C;lass "C" motorhomes cannot be driven to
Manhattan due to parking and vehicle height restrictions. Vehicles carrying propane
gas are not permitted in Manhattan or to travel in underground or underwater
tunnels.
(v) can be driven to The Burning Man Festival as long as written permission is
obtained from Apollo prior to travel. An additional surcharge of $700 will apply.
(b) If the Vehicle is driven in a Remote Area (with or without Apollo's permission), You
will be responsible to pay any salvage, towing, impound or recovery costs to transport
the Vehicle to the nearest Apollo branch. No replacement vehicle will be provided
under any circumstances.
(c) Apollo reserves the right at its sole and absolute discretion to restrict vehicle
movements in certain areas in addition to Remote Areas, for any reason whatsoever,
including but not limited to adverse road or weather conditions.
16. Child Restraints
You acknowledge and agree that Apollo gives no warranty as to the appropriateness,
correctness or adequacy of any child restraints tted in the vehicle and that you
accept entire responsibility as to the tting and suitability of any such restraints tted.
YOU AGREE TO COMPLY WITH APPLICABLE CHILD RESTRAINTS LAWS.
17. Accidents
In the event of an accident You must:
(1) Record the Time/Date/Location
(2) Record the other parties' full names, addresses,
vehicle registrations, vehicle makes and models, as
well as any property damage in circumstances
where the accident did not involve
another motor vehicle.
(3) Record the name of their insurance company
(4) Not admit liability
(5) Notify the nearest police station within 24 hours of the accident.
(6) Fully complete and sign the Accident Report
Form (which is in the glove box of
the Vehicle)
(7) Notify Apollo within 24 hours of the accident
and fax through an accident report
form.
(8) Obtain a copy of the police report and
provide a copy to Apollo as soon as
reasonably practicable, but in any event within ve (5) days.
18. General Provisions
(a) Within 24 hours of an accident or loss involving the Vehicle You must notify
Apollo.
(b) Immediately upon receipt, You must provide Apollo with every summons,
complaint or paper in relation to any accident or loss involving the Vehicle.
Compliance with this sub-paragraph does not excuse You from reporting any
accident or loss of the Vehicle to police.
(c) You irrevocably release and hold harmless Apollo, its employees and agents,
from all claims for loss or damage to your personal property, or that of any other
persons’ property left in the Vehicle, or which is received, handled or stored by
Apollo at any time before, during or after the rental period, whether due to Apollo's
negligence or otherwise.
(d) You or passengers in the Vehicle shall not be deemed
to be the agent, servant or employee of Apollo in any manner for any purpose
whatsoever.
(e) No right of Apollo under this Agreement can be waived except by writing of an
authorized ofcer of Apollo.
(f) You agree not to part with possession, dispose of, encumber or assign any right
or interest in the Vehicle and not create any lien or security interest on the Vehicle
(g) You acknowledge that Apollo has not in any way represented itself to You as
an entity carrying on the business of insurance.
(h) You acknowledge that Apollo requires information that appears on Your
driver's license as well as telephone contact numbers and email addresses to
complete this Agreement. You, also acknowledge that Apollo will take
reasonable care to protect this information, however in the event of its misuse
You will not hold Apollo or its servants liable for any resulting loss or losses. All
information provided to Apollo by You shall be true, correct and complete in all
respects. You must present Your driver’s license to Apollo in person at the Apollo
ofce when picking up the Vehicle.
19. Returns
When open, Apollo's rental ofce hours are Monday to Friday 9.00am to 4.30pm
and Saturdays from 9.00am to 12 Noon (local time). The Vehicle must be returned
at the Nominated Time and at the Nominated Location. If You wish to change the
Nominated Drop Off Location or the Nominated Drop-off Date after the rental has
commenced, You rst must obtain permission from the Apollo Head Ofce. Subject
to the change of drop off location being approved, an additional minimum charge of
$700 will apply. If the Vehicle is returned at a different location without permission,
the cost of transferring the Vehicle to the Nominated Location will be charged to you,
plus a minimum fee of $700. You will be responsible for the rental of the Vehicle until
the Vehicle is recovered and transferred to the Nominated Location. You will also be
responsible for any loss of use (‘demurrage’) in respect of the Vehicle. If You return
the Vehicle late without permission, You will be charged for the late return at a rate
equivalent to double the daily standard gross rental charge, including Reduction
Option charge. Early return of the Vehicle does not entitle You to a refund. Apollo
recommends that You take out Your own Personal Travel Insurance.
20. Natural Disasters and Weather Conditions
Apollo does not accept any responsibility for road closures caused by hurricanes,
tornados, ash oods and other acts of God. While every effort is made to
accommodate delays and non vehicle returns to contractual locations any costs over
and above the minimum $700 fee, such as Relocation and Re-scheduling fees will be
passed on to You. Apollo again strongly recommends that You take out Your
21. Mileage Allowance
The “Mileage Allowance Per Night” and “Charge Per Excess Mile Fee” is indicated on
Rental Vehicle Agreement Part A. The applicable Excess Mileage Fee is payable by
You to Apollo on return of the Vehicle.
22. Insurance
For motorized vehicles: You are responsible for all damage or loss you cause to
others. You agree to provide auto liability , collision and comprehensive insurance
coverin you, us, and the Vehicle. Where State law requires us to provide auto
liability insurance, we provide auto liability insurance (the "Policy") that is excess
to all other valid and collectible insurance whether primary, secondary, excess
or contingent. The Policy provides bodily injury and property damage liability
coverage with limits njo higher than minimum levels prescribed by the vehicular
nancial 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 to provide coverage under a certicate
or self-insurance in lieu of or in combination with an insurance policy.
Apollo Motorhome Holidays LLC
Head Oce: 698 Nudgee Road, Northgate (Brisbane) Qld 4013 Australia
Telephone: +61 7 3265 9200 Facsimile: +61 7 3265 9201
Internet: www.apollocamper.com Email: info@apollocamper.com
USA Oce: 13820 Hawthorne Boulevard, Hawthorne, CA 90250 USA
Telephone: +1 310 675 1335 Facsimile: +1 310 675 1366
Free Phones: USA 1800 370 1262 Internaonal: +800 3260 5466
USA
Rental Vehicle Agreement Part B
Eecve 14 August 2013 / Terms & Condions
Version 3
For non motorized vehicles: Apollo provides no liability coverage for non-motorized
vehicles when rented by you and /or towed by your vehicle whether owned by You or