Terms and Conditions

Easy Moves Holdings, LLC Terms and Conditions

  1. Definitions. For purposes of these Terms and Conditions, the following definitions will apply:
  • Agreement” means all terms and conditions found on on all pages of these Terms and Conditions, an “Order Confirmation,” and a “Vehicle Rental Face Page.”
  • Daily Vehicle Rate” means your daily time and mileage fee and excludes fees for optional services or products that you elect to purchase.
  • You” or “your” means the person identified as the Customer on the Order Confirmation, each person signing this Agreement, every Authorized Driver and each person or organization to whom charges are billed by us at its or the Customer’s direction. You are jointly and severally bound by this Agreement.
  • We,” “us” or “our” means Red Rover, LLC.
  • CDW” means Collision Damage Waiver.
  • Collision Damage” means damage to, or loss of, the Vehicle caused by collision or upset. Collision Damage does not include comprehensive damage such as damage to or loss of the Vehicle due to theft, vandalism, act of nature, riot or civil disturbance, hail, flood or fire or other loss not caused by collision or upset.
  • Vehicle” means the truck identified in this Agreement and each vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys and documents.
  • Rental Period” means the period from the time you take possession of the Vehicle until the time that the Vehicle is either returned to or recovered by and checked in by us.
  • Loss of Use” means the loss of our ability to use the Vehicle for any purpose due to damage to it or loss of it during the Rental Period, including uses other than for rental, such as display for rent or sale, opportunity to upgrade or sell, or transportation of employees.
  • Diminished Value” means the actual or perceived loss in market value or resale value which results from a direct or accident loss.
  • Charges” means the fees and charges that are incurred under this Agreement.
  • Vehicle License Fee” means our estimate of the average per day per vehicle portion of our total annual vehicle licensing, titling, and registration costs.
  1. Nature of Contract. This Agreement is a contract for rental of the Vehicle offered to you. This rental is solely a bailment for mutual consideration.  You agree that you are not our agent for any purposes, and that you may not assign or transfer your obligations or sublease the Vehicle. By signing the Order Confirmation, you agree to all terms and conditions of this Agreement and acknowledge that we agree to rent the Vehicle to you in consideration of the fees you pay us and the rights and obligations of this Agreement.

 

  1. Authorized Drivers. The only persons authorized to drive the Vehicle are the Customer, an additional driver listed on the Vehicle Rental Face Page, which is attached hereto and incorporated by reference herein. Customer and any Additional Drivers must: (i) be at least age 25; (ii) possess a valid driver’s license; and (iii) provide proof of auto insurance coverage meeting the requirements of Paragraph 9 below.
  2. Inspection; Condition and Return of Vehicle; No Warranties. You agree that you are renting the Vehicle “As Is,” and that you had an opportunity to inspect it before leaving the premises. You must return the Vehicle to our office on the date and time specified on the Order Confirmation (or sooner upon our demand). 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 may extend the Rental Period for up to one day if you obtain our consent before the date due, The total Rental Period may not exceed 30 days under any circumstances. The Vehicle must be returned in the same condition that you received it except for ordinary wear. If the Vehicle is returned after closing hours, you remain responsible for all damage to or loss of it until we inspect it on reopening for business, and Charges may continue to accrue, and you will incur a late fee of $300. You must obtain our prior written approval before refueling the Vehicle, servicing the Vehicle or replacing parts or accessories, and you understand that we are not likely to grant that consent. You grant us, our agents, assigns and each person with a financial interest in the Vehicle the right to inspect the Vehicle during the Rental Period.  To the extent permitted by law, 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.

 

  1. Responsibility for Damage to or Loss of the Vehicle. Customer must report all accidents or incidents of theft or vandalism involving the Vehicle to Company and the police as soon as practical upon discovery. Customer understands and agrees that Customer is responsible for all damage to or loss or theft of a Vehicle during a Rental Period, regardless of fault, resulting from any cause, including damage caused by collision or upset, weather, vandalism, theft, road conditions and acts of nature.  Customer’s responsibility will include: (a) all physical damage to the Vehicle measured as follows: (i) if Company determines that the Vehicle is a total loss, the fair market value of the Vehicle, less salvage; (ii) if the Rental Company determines 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, measured by multiplying Customer’s Daily Rental Rate either by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which Customer agrees represents a reasonable estimate of Loss of Use damages and not a penalty.  Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with Company’s enforcement of this Agreement.

 

  1. Collision Damage Waiver (“CDW”). If Company offers, and Customer purchases, CDW, the Company waives Customer’s responsibility for Collision Damage to the Vehicle. Any CDW that Customer purchases will be invalidated, and the Company will not waive its right to hold Customer financially responsible for Collision Damage to the Vehicle that results from a Prohibited Use described in Paragraph 7 below. CDW may also be void if Customer fails to report an accident or incident to the police or to cooperate in a loss investigation by the Company or its insurer. CDW is not insurance, is optional, and may duplicate coverage under Customer’s own insurance policy or credit card. Customer may wish to check with his or her insurance representative or credit card company to determine whether Customer has coverage or protection for damage or loss of the Vehicle.  CDW does not apply to keys, key fobs, transponders, or the Unit.

 

  1. Prohibited Uses. The following uses of the Vehicle are prohibited and are material breaches of this Agreement (“Prohibited Uses”). The Vehicle may not be used:
  • by anyone who is not an Authorized Driver, or by anyone whose driving license is suspended;
  • by anyone under the influence of alcohol or a controlled substance;
  • by anyone who obtained the Vehicle or extended the rental by giving the Company false, fraudulent or misleading information;
  • 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);
  • to carry persons or property for hire, including use of the Vehicle as a taxi, limousine, “black car,” transportation network company vehicle, delivery service, or for similar commercial use;
  • to push or tow anything;
  • in any race, speed test or contest;
  • to teach anyone to drive;
  • to carry dangerous or hazardous items or illegal materiel;
  • outside the United States or Canada;
  • on unpaved roads;
  • to transport more persons than the Vehicle has seat belts, or to carry persons outside the passenger compartment;
  • to transport children without approved child safety seats as required by law;
  • when the odometer has been tampered with or disconnected;
  • when it is reasonable for you to know that further operation would damage the Vehicle;
  • if applicable, by anyone who lacks experience operating a manual transmission;
  • to transport an animal (other than a service animal);
  • in connection with a willful, wanton or reckless act; or
  • by anyone who is driving or operating the Vehicle while operating hand-held devices (including cell phones, mobile computers, or other devices that are capable of receiving or transmitting telephonic communications, electronic data, email or text messages) while not in a hands-free mode or otherwise in compliance with applicable laws and regulations relating to use of electronic devices while driving.
  • Smoking and vaping in or around the Vehicle and removal of a GPS device are also prohibited. Failure to cooperate with the Rental Company or its assignee in the investigation of a damage incident or claim may invalidate optional protection that you purchase, including CDW. PROHIBITED USE OF THE VEHICLE VIOLATES THIS AGREEMENT AND VOIDS ALL LIABILITY AND OTHER INSURANCE COVERAGE (TO THE EXTENT PERMITTED BY LAW).
  1. Responsibility to Third Parties; Insurance. You are responsible for all damage or loss caused by a Vehicle to third parties and yourself during a Rental Period. It is your responsibility to know and understand the insurance coverage you have or elect to purchase for each rental. You agree to maintain automobile insurance during each Rental Period which provides Company and you the following primary coverage: (a) Bodily injury (“BI”) and property damage (“PD”) liability coverage; (b) Personal injury protection (“PIP”), no-fault, or similar coverage where required; (c) Uninsured/underinsured (“UM/UIM”) coverage where required, and (d) Comprehensive and collision damage coverage extending to the Vehicle. Your insurance coverage will provide at least the following minimum limits of coverage:  $100,000/$300,000 BI and $100,000 PD. Where permitted by law, by signing this Agreement, you and the Rental Company reject UM/UIM, no-fault, and PIP coverages. If such protection is imposed by operation of law, it will be for the minimum limits required. Because you are providing auto insurance, the Rental Company is not. If required by law, the Company will provide BI or PD liability coverage under an insurance policy (the “Policy”). The Policy extends only to the minimum limits prescribed by the state law applicable to the loss; is excess to any other valid and collectible insurance whether primary, secondary, excess or contingent; contains exclusions, conditions, and limitations applicable to anyone claiming coverage; does not cover injury to you, any other driver, or your passengers; and does not apply outside the U.S. or Canada. You must: (a) report damage to the Company and accidents or theft to the Company and the police upon discovery; (b) complete the Company’s incident report form; and (c) provide a copy of any service of process or notice of any kind related to a Vehicle to the Company. Failure to complete an incident report, or to timely report accidents or theft to the Company and the police, is a material breach of this Agreement. The Policy may be void if you give the Vehicle to an unauthorized driver or otherwise materially breach this Agreement.  The Vehicle may not be taken to Mexico under any circumstances.
  2. Indemnification. To the fullest extent permitted by law, 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 Agreement, from the rental transaction, or the use of the Vehicle by you or any other person.
  3. Liability for Violations. Customer is liable for all parking citations, photo enforcement fees, fines for toll evasion, and other fines, fees, and penalties (each a “Violation”) assessed against Customer, Company or a Vehicle during a Rental Period. If Company is notified by charging authorities that Company may be responsible for payment of a Violation, Customer agrees that Company or a processing firm (“Processor”) may, in our sole discretion and without prior notice to Customer, pay the Toll or Violation plus applicable taxes on Customer’s behalf directly to the appropriate authority.  If Company or a Processor elect to pay a  Violation, Customer may not be able to challenge the validity of the Violation before the charging authority.  Company or the Processor will charge Customer the face value of the Toll or Violation and any taxes, plus an administrative fee per Violation. If Company or a Processor, in our sole discretion, elect to transfer liability for a Violation assessed against the Vehicle during the Rental Period to Customer personally, Company or the Processor will charge you an administrative fee per Violation.  Customer authorizes Company to release their rental and payment card information to the charging authorities and the Processor for processing and billing purposes.  If Company or the Processor pay a Violation, Customer authorizes Company and the Processor to charge all payments and administrative fees to the payment card used in connection with this Agreement.
  4. Reserve; Charges. You permit us to reserve against your payment card at the time of rental a reasonable amount in addition to estimated total charges. We may use the reserve to pay all Charges. We will authorize the release of any excess reserve upon the completion of your rental. Your payment card issuer’s rules will apply to your credit line or account being credited for the excess, which may not be immediately released by your card issuer. You will pay us all Charges, including: (a) taxes, surcharges, and other fees; (b) a return check fee if you pay us with a check returned unpaid; (c) all expenses we incur recovering the Vehicle if it is not returned to the renting location on the date and time promised; (d) all costs we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (e) a late fee on all Charges that are not paid when due; (f) a reasonable fee to clean the Vehicle if it is returned with evidence of smoking, vaping, or animals or otherwise substantially less clean than when received by you; (g) applicable time and mileage fee; (h) excess mileage free if you exceed the mileage allowance set forth in the Order Confirmation or Vehicle Rental Face Page; (i) a mileage charge based on our experience if the odometer is tampered with; (j) towing, storage charges, Violations, forfeitures, court costs, penalties and all other costs we incur resulting from your use of the Vehicle; (k) a reasonable fee if you lose the keys, key fob, or toll transponder to the Vehicle; and (l) a surcharge if you do not return the Vehicle on the date and time and to the location specified on the Face Page.  All Charges are subject to our final audit.
  5. Telematics Notice. Company’s Vehicles may be equipped with global positioning satellite (GPS) technology or another telematics system, and/or an event data recorder (EDR) that collects and transmits data from the Vehicle.  Customer acknowledges and authorizes that use of a Vehicle may be remotely monitored by Company or on its behalf o through such systems to the extent permitted by law. This remote monitoring may include collection of Vehicle data, such as: location, odometer, oil life, fuel level, tire pressure, battery state of charge, diagnostic trouble codes, and other elements that the Company may deem necessary.  Customer agrees to inform all Authorized Drivers and passengers of the Vehicle of the terms of this paragraph, and that Customer has authorized release of information collected by GPS or other telematics system or EDR.  Company is not responsible for the operability of any telematics navigational or other system included with the Vehicle.  To the extent permitted by law, Customer agrees to release Company and agrees to indemnify, defend and hold Company harmless from any damage to persons or property caused by failure of the GPS or other telematics system or EDR to operate properly, or otherwise arising from the use of the GPS or other telematics system or EDR.
  6. Weigh Stations. Customer agrees to comply with state laws regarding weigh stations when traveling on highways and to comply with all instructions given by weigh station personnel or DOT officers. Note:  Certain states require all trucks to stop at highway weigh stations – even if they are being used for the transportation of household goods and not for commercial purposes.
  7. Personal Information. You agree that we may disclose personally identifiable information about you to applicable law enforcement agencies or to our affiliates or third parties in connection with enforcement of our rights under this Agreement and for other legitimate business purposes. The Vehicle may be equipped with an infotainment system that permits you to connect your personal device and pre-set radio stations and GPS locations.  If you use an infotainment system, the Vehicle may automatically load your address book, store your incoming, outgoing and missed telephone calls, and other information from your device.  Follow the steps displayed on the Vehicle system screen to delete this information and the device from the Vehicle's memory.  We are not responsible for assuring the privacy of that information and cannot guarantee that other persons will not have access to this information after you return the Vehicle.
  8. Miscellaneous. No term of this Agreement can be waived or modified except by a writing that we have signed or on a form that we provide. This Agreement constitutes the entire agreement between you and us.  All prior representations and agreements between you and us regarding the use of the Vehicle are void, except that to the extent that there is a conflict between this Agreement and the Red Rover Terms and Conditions, the Red Rover Terms and Conditions are controlling. Our waiver of a breach of this Agreement, our acceptance of payment from you, or our failure, refusal or neglect to exercise our rights under this Agreement does not constitute a waiver of another provision of this Agreement. TO THE EXTENT PERMITTED by law, you: (A) release us from all liability for consequential, special or punitive damages in connection with this transaction or the reservation or use of a vehicle; AND (B) WAIVE ALL RECOURSE AGAINST US FOR CRIMINAL PROSECUTIONS WE TAKE AGAINST YOU FOR BREACH OF THIS AGREEMENT.  If a provision of this Agreement is deemed void the remaining provisions are valid and enforceable.

Red Rover – Truck Rental Terms and Conditions 12/2020