Collision Damage Waiver
Acknowledgement: Customer represents that all authorized users of the rental unit are experienced and knowledgeable about proper operation of this RV. Customer acknowledges the potential for personal injury and / or property damage arising from the use of this RV and will cause all authorized users to adhere to all warning labels on the equipment and follow safety and operating instructions in the operator's manual.
Assumption of Liability: As provided in the RV Phoenix, LLC rental contract, Customer is fully responsible for all damage, destruction or loss of the rental unit once placed in the Customer's possession until returned to the RV Phoenix, LLC premises. Customer agrees to pay RV Phoenix, LLC in cash the full "market value" in the event the RV is lost, damaged or destroyed regardless of how or why such loss or damage occurs. Full "market value" shall be determined by RV Phoenix, LLC. (See Terms and Conditions on Rental Contract.) The Customer also agrees to assume full responsibility for all personal injuries or property damage resulting from Customer’s use and or possession of the RV and to defend, indemnify and hold RV Phoenix, LLC harmless for any liability (including attorney fees and expenses) for any such personal injuries and property damage.
Collision Damage Waiver:The damage waiver (CDW) as offered by RV Phoenix, LLC is NOTinsurance but will, for a fee, waive all claims against you (the Customer) for physical damage over $1000.00 of uninsured exterior damage to the rental RV (excluding waiver exceptions listed below). For all physical damage or loss under $1000.00 the Customer remains responsible. The Collision Damage Waiver (CDW) as offered by RV Phoenix, LLC only applies to uninsuredphysical damage to the rental RV and does not release or diminish Customers obligations to insure the rental unit. *CDW is NOT insurance and does not cover incidental damages or liability coverage and is secondary to any existing renters insurance policy. *The renter remains monetarily responsible for any loss of use. **The renter remains monetarily responsible for all towing costs and fees.
Waiver Exceptions:Notwithstanding the foregoing, the Customer shall remain fully liable for all loss or damage to the rental unit resulting from: A) Abuse, misuse, overloading, or exceeding the rated capacity of the rental unit. B) Improper servicing or neglect of the rental unit. C) Sinking or submersion of the rental unit in mud or water. D) Striking overhead objectsor use of rental unit in demolition activities. E) Collision, overturning, upset or roll-over occurring during loading or unloading F) Vandalism, malicious mischief, disappearance, theft or conversion of the rental unit. Customer must report all such occurrences within 24 hours to the proper public authorities and RV Phoenix, LLC. G) Use of the rental unit by non-authorized or non-qualified operators. H) Exposure to radioactivity or any other hazardous materials. I ) Tire damage from rocks, or other sharp-edged objects. J) Use or operation of the rental unit in violation of any law or ordinance. K) Failure of Customer to comply with any terms or conditions of the rental agreement.
Subrogation: In the event of any loss or damage to the rental equipment, RV Phoenix, LLC will be surrogated to any right of the Customer against any person, firm or corporation and / or Customer agrees to cooperate fully with RV Phoenix, LLC to ensure(s) the prosecution of those rights and will neither take nor permit any action to prejudice the rights of RV Phoenix, LLC or its insurer(s) with respect thereto. Customer continues to be liable for all lost rental time penalties until equipment repair bill and/or deductible is paid in full.