ROVERPASS Terms Of Service

Last Modified: July 25th, 2024

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

1. Compliance with Local Law

As an RV park operator, it is imperative to understand and comply with all applicable local laws and regulations in your respective jurisdiction. These laws can significantly impact your ability to offer short-term accommodations to guests.

  1. Zoning and Administrative Codes: Many cities have specific zoning or administrative codes that regulate the rental of RV spaces. These regulations can vary widely between jurisdictions.
  2. Permits and Licenses: In numerous locations, RV parks are required to register with local authorities, obtain necessary permits, or secure appropriate licenses before they can list a property or accept guests. Failure to comply with these requirements can result in significant penalties.
  3. Prohibitions on Short-Term Rentals: Certain municipalities may prohibit specific types of short-term bookings entirely. It is essential to be aware of these restrictions to avoid legal issues.
  4. Enforcement and Penalties: Local governments enforce these laws differently. Penalties for non-compliance can range from fines to more severe enforcement actions. It is your responsibility to review and understand local laws before listing your RV spaces on RoverPass.

2. Operational Terms Of Service

  1. Key Terms
    RoverPass provides an online platform that connects RV parks with guests seeking to rent accommodations (collectively, the "Services"), accessible at www.RoverPass.com and other websites through which RoverPass makes the Services available (collectively, the "Site"), and as applications for mobile, tablet, and other smart devices and application program interfaces (collectively, the "Application").
    If you are using the Site, Application, or Services and reside in the USA, these Terms of Service are between you and RoverPass, Inc. (RoverPass, Inc. is hereinafter referred to as "RoverPass", "we", "us", or "our"). RoverPass Payments, Inc. (individually and collectively, as appropriate, "RoverPass Payments") handles any and all payments and payouts conducted through or in connection with the Site, Application, or Services ("Payment Services"). Payment Services provided by RoverPass Payments are subject to the Payments Terms of Service ("Payments Terms").some text
    • "Accommodation": Residential and other properties.
    • "RoverPass Content": All content that RoverPass makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any content licensed from a third party, but excluding Member Content.
    • "Booking Request Period": The time period starting from when a booking is requested by a guest (as determined by RoverPass in its sole discretion), within which an RV park may decide whether to confirm or reject that booking request, as stated on the Site, Application, or Services. Different booking request periods may apply in different places.
    • "Collective Content": Member Content and RoverPass Content.
    • "Content": Text, graphics, images, music, software (excluding the Application), audio, video, information, or other materials.
    • "Guest": A Member who requests from an RV park a booking of a listing via the Site, Application, or Services, or a Member who stays at an Accommodation and is not the RV park for the associated listing.
    • "RV Park": A Member who creates a listing via the Site, Application, and Services.
    • "Listing": An Accommodation listed by an RV park as available for rental via the Site, Application, and Services.
    • "Member": A person who completes RoverPass's account registration process, including but not limited to RV parks and guests, as described under "Account Registration" below.
    • "Member Content": All content that a Member posts, uploads, publishes, submits, transmits, or includes in their listing, Member profile, or RoverPass promotional campaign to be made available through the Site, Application, or Services.
    • "Tax" or "Taxes": Any sales taxes, value-added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees (such as convention center fees) that accommodation providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal, and national indirect or other withholding and personal or corporate income taxes.

3. Modification

RoverPass Inc. reserves the right, at its sole discretion, to modify the Site, Application, or Services, or to modify these Terms, including service fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or otherwise notify you. We will also update the "Last Updated" date at the top of these Terms. By continuing to access or use the Site, Application, or Services after we have posted or notified you of a modification, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application, and Services.

4. Eligibility

The Site, Application, and Services are intended solely for persons who are 18 years or older. Any access to or use of the Site, Application, or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application, or Services, you represent and warrant that you are 18 or older. For users in the United States, RoverPass Inc. may, to the extent permitted by applicable laws and with sufficient information, obtain reports from public records of criminal convictions or sex offender registrations. For users outside the United States, we may obtain local versions of background or registered sex offender checks at our discretion. You agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports, including from RoverPass's vendors.

5. How The Site, Application, and Services Work

The Site, Application, and Services facilitate the listing and booking of accommodations. These accommodations are included in listings on the Site, Application, and Services by RV parks. You may view listings as an unregistered visitor; however, to book an accommodation or create a listing, you must first register and create a RoverPass account.

RoverPass Inc. provides an online platform or marketplace with related technology for guests and RV parks to meet online and arrange bookings directly with each other. RoverPass is not an owner or operator of properties, nor is it a provider of properties or travel services. Unless explicitly specified otherwise, RoverPass's responsibilities are limited to facilitating the availability of the Site, Application, and Services.

Disclaimer: RoverPass cannot and does not control the content contained in any listings or the condition, legality, or suitability of any accommodations. RoverPass is not responsible for and disclaims all liability related to any listings and accommodations. Any bookings made or accepted are at the member's own risk.

6. Account Registration

To access certain features of the Site and Application, and to book an accommodation or create a listing, you must register and create a RoverPass account ("RoverPass Account") and become a Member. You can register directly via the Site or Application or by logging into your account with certain third-party social networking sites ("SNS") (e.g., Facebook).

Registering with SNS

You may link your RoverPass Account with third-party accounts by providing your login information or allowing RoverPass to access your third-party account. You represent that you are entitled to disclose your third-party account login information to RoverPass and/or grant access without breaching the terms and conditions governing your use of the applicable third-party account. By granting RoverPass access, you understand that RoverPass will access, make available, and store any content provided to and stored in your third-party account ("SNS Content") on your RoverPass account profile page.

Member Content

All SNS Content will be considered Member Content. Depending on the third-party accounts and privacy settings, personally identifiable information posted to third-party accounts will be available on your RoverPass account.

Third-Party Account Availability

If a third-party account or associated service becomes unavailable or RoverPass’s access is terminated, SNS Content will no longer be available on the Site, Services, and Application. You can disable the connection between your RoverPass account and your third-party accounts at any time through the "Settings" section.

Note: Your relationship with third-party service providers is governed solely by your agreements with them. RoverPass does not review SNS Content for accuracy, legality, or non-infringement and is not responsible for SNS Content.

Account Information

Your RoverPass Account and profile page will be created based on the personal information you provide or that RoverPass obtains via SNS. You may not have more than one active RoverPass account. You agree to provide accurate, current, and complete information during registration and update it to keep it accurate, current, and complete. RoverPass reserves the right to suspend or terminate your account if you create more than one account or if the information provided is inaccurate, fraudulent, not current, incomplete, or violates these Terms of Service.

Account Security

You are responsible for safeguarding your password and agree not to disclose it to any third party. You will take sole responsibility for any activities or actions under your RoverPass Account, whether or not authorized by you. You will immediately notify RoverPass of any unauthorized use of your account.

7. Accommodation Listings

As a Member, you can create listings for accommodations. You will need to provide details such as location, capacity, size, features, availability, pricing, and related rules. All accommodations must have valid physical addresses to be listed. Listings will be publicly available on the Site, Application, and Services, and their placement in search results may depend on various factors, including preferences, ratings, and ease of booking.

Members can book your accommodation based on the information in your listing, guest requirements, and search preferences. Once a guest requests or instant-books your accommodation, you may not request a higher price than originally listed.

You are solely responsible for your listings and Member Content. You must ensure that your listing and the booking comply with all applicable laws, agreements, and third-party rights. RoverPass Inc. is not responsible for any agreements with or duties to third parties, laws, or regulations.

Liability and Agreements

RoverPass does not act as an insurer or contracting agent. Any agreement between you and the guest is solely between you and the guest, and RoverPass is not a party to it. You may set requirements for booking, such as profile pictures or verified phone numbers, which must be met by Members wishing to book your accommodations.

RoverPass provides tools to help you make informed decisions about bookings. As an RV park owner, you are responsible for your own actions and omissions and those of anyone present at your accommodation at your request or invitation, excluding the guest and their invitees.

Insurance

RoverPass recommends obtaining appropriate insurance for your accommodations. Review your insurance policy to understand any exclusions and deductibles, especially regarding coverage for guests' actions or inactions.

Verified Images

RoverPass may offer photography services for your accommodations. If you opt for this, RoverPass will own the copyrights to the photos, but they will be available to you with a "RoverPass.com Verified Photo" watermark. You must ensure your listing is accurately represented in these images and cease using them if they no longer accurately represent your listing or if your account is terminated. RoverPass retains the right to use verified images for advertising, marketing, and other business purposes.

8. No Endorsement

RoverPass Inc. does not endorse any Member, listing, or accommodation. Verified Images only serve as photographic representations of the accommodation at the time they were taken, and do not signify endorsement.

Members must provide accurate information, and RoverPass Inc. may request government identification or conduct additional checks for transparency and fraud prevention. However, RoverPass Inc. does not guarantee the identity or background of any Member.

When registering for a RoverPass account, you agree that RoverPass Inc. may request a consumer report, but this does not imply any endorsement or guarantee of a Member's trustworthiness or suitability.

References to Members being "verified" or "connected" only indicate the completion of a verification process, not an endorsement. It is recommended to exercise due diligence when interacting with other Members. RoverPass Inc. is not responsible for any damage or harm resulting from interactions with other Members.

For any legal remedies or liabilities related to actions or omissions of other Members or third parties, you agree to limit your claims to the particular individuals involved and not to hold RoverPass Inc. liable. This limitation does not apply to claims by RV parks regarding the remittance of payments from guests, which are subject to the limitations described in the "Limitation of Liability" section.

9. Bookings And Financial Terms

A. Key Definitions

  • Accommodation Fees: Amounts due from a Guest for their stay, set by the RV Park.
  • Guest Fees: Fees charged by RoverPass to Guests, calculated as a percentage of Accommodation Fees.
  • RV Park Fees: Fees charged by RoverPass to RV Parks, calculated as a percentage of Accommodation Fees.
  • Payment Method: A method added to your RoverPass account (e.g., credit card, PayPal).
  • Service Fees: Guest Fees and RV Park Fees combined.
  • Total Fees: Accommodation Fees plus Guest Fees and any applicable taxes.

B. Bookings And Financial Terms For RV Parks

As an RV Park, when a booking is requested, you must preapprove, confirm, or reject it within a set period, or it will expire. If you confirm, RoverPass sends a confirmation email or message. RoverPass collects Total Fees from Guests and pays RV Parks (less fees and taxes) typically within 24 hours of Guest check-in, unless a refund is due.

RV Parks are responsible for honoring bookings and must comply with their selected cancellation policies. RoverPass does not issue refunds or collect monies on behalf of the parks.

C. Bookings And Financial Terms For Guests

RV Parks are responsible for honoring confirmed bookings. Guests must agree to RV Park terms when booking. RoverPass does not collect monies on behalf of the parks but facilitates the booking process. Total Fees are displayed before booking. If a booking is canceled, any collected amounts are refunded according to the selected cancellation policy.

D. Service Fees And Other Fees

RoverPass charges Service Fees, collected per the Payment Terms. These fees are non-refundable unless otherwise stated. Detailed information on costs and deductions is available on the RoverPass site and application.

E. General Booking And Financial Terms

  • Cancellations And Refunds: Refunds depend on the RV Park's cancellation policy. Guest Fees are non-refundable. If an RV Park cancels a booking, penalties may apply.
  • Rounding Off: RoverPass may round payments up or down to the nearest whole unit.
  • Donations: RoverPass is not responsible for RV Park pledges to donate booking funds.
  • Booking Modifications: Guests and RV Parks are responsible for any booking changes and associated fees.

10. Taxes

Tax regulations may require Roverpass to collect appropriate tax information from RV parks or to withhold taxes from payouts. For instance, IRS regulations stipulate that we must collect an IRS Form W--9 from certain US RV parks and an appropriate IRS Form W--8 from non-US RV parks with at least one listing in the US. As an RV park, you are solely responsible for keeping your tax information current, complete, and accurate. If you fail to provide sufficient documentation to alleviate our obligation to withhold taxes, we may freeze payouts to you, withhold amounts as required by law, or both.

As an RV park, you understand and agree that you are solely responsible for determining your applicable tax reporting requirements and the taxes that should be included in your listings. You are also solely responsible for remitting any collected taxes to the relevant authority. Roverpass does not offer tax-related advice to any members.

Where applicable, or based on a request from an RV park, Roverpass may issue a valid VAT invoice.

A. Occupancy Tax Collection and Remittance

In certain jurisdictions, Roverpass may facilitate the collection and remittance of occupancy taxes from guests on behalf of RV parks. If such a tax jurisdiction asserts that Roverpass or RV parks have a tax collection and remittance obligation, you authorize Roverpass to collect occupancy taxes from guests at the time accommodation fees are collected and remit them to the tax authority. When Roverpass facilitates this process, it will provide notice to RV parks in the affected jurisdictions and reflect the amounts on transaction documents. RV parks in these jurisdictions agree not to collect occupancy taxes independently.

You agree to release, defend, indemnify, and hold Roverpass harmless from any claims, liabilities, or expenses related to occupancy taxes.

B. Opt-In to RV Park Remittance of Taxes

In other jurisdictions, Roverpass may offer an opt-in option for RV parks to collect occupancy taxes directly from guests and remit them to the tax authority. By opting in, you instruct Roverpass to send collected occupancy taxes to you for remittance. You remain solely responsible for the payment and remittance of any taxes collected. You agree to release, defend, indemnify, and hold Roverpass harmless from any claims or liabilities related to occupancy taxes.

C. Miscellaneous Occupancy Tax Provisions

Roverpass may not facilitate the collection or remittance of occupancy taxes in all jurisdictions. In such cases, RV parks and guests remain responsible for the collection and remittance of any applicable occupancy taxes. Roverpass reserves the right to cease facilitating the collection and remittance of occupancy taxes with reasonable notice in any jurisdiction.

11. Foreign Currency

RoverPass's online platform supports transactions between guests and RV parks who may use different currencies. While the platform allows users to view listing prices in various currencies, the options for making and receiving payments are limited to specific currencies, which may not always match the local currency of a given location. Details about currency conversion, including any associated fees, are provided in the Payments Terms. This setup is designed to facilitate bookings across different geographic locations and currency preferences.

12. Damage to Accommodations and Security Deposits

Guests are responsible for leaving accommodations in the condition they found them. If a RV park makes a damage claim, guests agree to pay for the replacements. RV parks can include security deposits in their listings, which RoverPass is not responsible for administering or resolving claims about.

RoverPass does not pursue guests for damages after their stay. The responsibility to assess and claim for any damages rests with the RV park. Guests and RV parks must cooperate with RoverPass in resolving any damage claims, but RoverPass does not directly charge guests after they leave the premises.

If damage occurs, RV parks may use the security deposit to cover costs, but RoverPass does not facilitate this process beyond the initial booking terms.

13. Overstaying Without the RV Park's Consent

A confirmed booking gives guests a temporary license to use the accommodation, which ends at the specified checkout time. If a guest overstays without consent, they lose this license and the RV park may require them to leave. Additionally, guests may be charged twice the average nightly fee for every 24-hour period they overstay without permission, along with any applicable service fees, taxes, and legal expenses incurred by the RV park in enforcing these terms.

14. User Conduct

You agree to comply with all laws, rules, and regulations applicable to your use of the RoverPass services. In addition to general prohibitions, it’s essential to understand specific behaviors expected on our platform:

  • Respect Property: Avoid causing any damage to accommodations. Any harm should be reported and compensated according to the agreement with the RV park.
  • Accurate Information: Ensure all information provided during registration, listing, or booking is truthful and up-to-date to maintain trust within the community.
  • Privacy and Safety: Respect the privacy and safety of all users. Do not engage in spying, unauthorized sharing of personal data, or any form of harassment.
  • Intellectual Property: Do not infringe upon the intellectual property rights of others, including unauthorized use of content from the site.
  • No Circumvention of Fees: Directly engage with the RoverPass platform for all bookings to uphold the integrity of the service and ensure that service fees are correctly processed.
  • Non-Disruption: Avoid behaviors that disrupt the service or negatively affect other users' experience, such as loud noises during stays or leaving excessively messy spaces.
  • Reporting Misconduct: If you encounter any inappropriate, harmful, or illegal behavior by another user, report it immediately to local authorities and RoverPass. This includes theft, violence, or harassment.

RoverPass maintains the right to investigate and take action against any violations, which could include account suspension or cancellation. Users are encouraged to report any misconduct to both authorities and RoverPass. RoverPass may intervene or disclose user information if legally required or to ensure platform integrity and user safety.

15. Privacy

Your use of the RoverPass platform is subject to the terms outlined in our Privacy Policy, which may be updated periodically. This policy governs how RoverPass collects, uses, and manages your personal information. It's important to review the Privacy Policy regularly to understand your rights and our obligations in relation to your personal data.

16. Additional Terms

Certain products, features, and offerings on the RoverPass platform may be subject to additional terms. For instance, participating in our Referral Program or Home Safety Program comes with specific conditions that you must agree to. When you use any of these specialized services, the additional terms presented for those specific aspects of our service will become part of your overall agreement with RoverPass. Always review these additional terms to ensure you understand your rights and obligations for each specific service.

17. Third-Party Links

RoverPass may include links to third-party websites or resources. You acknowledge that RoverPass is not responsible for the availability, accuracy, or content of these external sites and does not endorse them. You bear all risks associated with the use of such websites or resources, including any third-party products or services offered through them. Additionally, parts of the RoverPass platform may use Google Maps; your use of Google Maps is subject to Google's terms of use.

18. Feedback

RoverPass welcomes and values your feedback, which can be submitted through various communication channels including email and the "Contact" section of the site and application. By providing feedback, you agree that it becomes the exclusive property of RoverPass. You assign all rights, titles, and interests in your feedback to RoverPass, including all intellectual property rights. RoverPass may ask you to take further actions or sign documents to help secure these rights at their expense.

19. Refunds

Platform Fee: Once a reservation is created and payment is processed, the RoverPass platform fee (RoverPass Fee) becomes nonrefundable.

RV Park Payouts for Reservations: Each RV Park enforces its own cancellation policy regarding funds received for reservations. Refunds of funds received by an RV Park (less credit card fees, the RoverPass Fee, and any other agreed-upon fees) may be issued through the RoverPass online platform at the RV Park's discretion.

Credit Card Fees: Credit card processing fees are charged to RoverPass by Stripe and are nonrefundable (Credit Card Fees). In the event of a refund to a guest after a payment is processed, the total refund cannot exceed the amount that was paid out to the RV Park.

Refund Disputes: If a guest initiates a credit card dispute, the RV Park is responsible for repaying any funds lost in the dispute. These funds include the reservation amount, credit card fees, the additional dispute fee, and lost RoverPass fees.

Legal Terms of Service

  1. Intellectual Property Ownership and Rights Notices The Site, Application, Services, and Collective Content are protected under U.S. and foreign copyright and trademark laws. RoverPass owns all intellectual property in these resources. Users must not modify or use RoverPass's intellectual property beyond the scope granted and should respect all copyright notices and proprietary designations.
  2. Application License Users are granted a non-exclusive, non-transferable license to download and use the RoverPass application strictly for personal use, which includes compliance with Apple's App Store terms for iOS devices.
  3. Content Licensessome text
    • RoverPass Content License: Users have a limited license to access and view RoverPass content for personal, non-commercial purposes.
    • Member Content License: Users may grant RoverPass a royalty-free license to use their content provided through the platform in various ways, including marketing.
  4. Member Content Users can submit content to RoverPass, which does not claim ownership but can use this content for its operations. Users must own or have rights to the content they submit and ensure it does not infringe on others' rights.
  5. Copyright Policy RoverPass terminates accounts that repeatedly infringe copyright and respects the intellectual property rights of others.
  6. Term and Termination The agreement remains effective until terminated by either party. RoverPass may terminate the agreement or suspend accounts if users breach terms or policies.
  7. Disclaimers RoverPass offers its services "as is" without warranties, and usage risks lie with the user. It does not perform background checks on users but may choose to do so at its discretion.
  8. Limitation of Liability RoverPass's liability is limited to the amount users have paid through the platform, with certain exceptions for more significant damages not covered.
  9. Indemnification Users agree to indemnify RoverPass against claims related to their use of the platform, including content they provide and interactions with other users.
  10. Export Control and Restricted Countries Users must comply with all U.S. export laws and regulations, including restrictions on use in embargoed countries.
  11. App Store Applications Specific provisions apply to applications downloaded from Apple's App Store, emphasizing that Apple is not responsible for maintenance or support of these applicationsEntire Agreement These terms, alongside any additional policies and terms for specific services or features, represent the complete agreement between RoverPass and the user concerning the platform's use.
  12. Assignment Users cannot transfer these terms or rights without RoverPass's written consent. Any attempt to do so without consent is void. RoverPass can transfer its rights without restriction.
  13. Notices Notifications related to the terms will be sent by email or posted on the platform. Notices are considered given when sent by email or posted.
  14. Controlling Law and Jurisdiction These terms are governed by the laws of Texas, USA. Disputes will be resolved in Travis County, Austin, Texas.
  15. Dispute Resolution Disputes will be resolved through binding mediation, with detailed procedures for opting out of changes to this section.
  16. Amendment and Waiver Changes to these terms must be in writing. Failure to enforce any rights does not waive future enforcement.
  17. Representations and Warranties Both parties warrant that they have the power to enter into these terms and that doing so does not breach other agreements.
  18. Third-Party Beneficiary These terms do not confer benefits on anyone other than the parties involved.
  19. Contacting RoverPass Users can contact RoverPass for inquiries or issues related to the terms.
  20. Force Majeure Delays or failures in RoverPass's performance due to uncontrollable events will excuse performance for the duration of those events.
  21. Offset RoverPass may offset amounts owed to it against payments due to users under these terms or other agreements.
  22. Privacy Adjustments RoverPass reserves the right to make changes to its privacy practices and policies. Users will be notified of any significant changes that may affect the handling of personal information.
  23. Severability If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
  24. No Waiver No waiver of any term is effective unless in writing and signed by the waiving party. Waivers do not imply any subsequent waiver of the same or different terms.
  25. Ethical Use Users must commit to ethical use of the platform, respecting the rights and dignity of others, and avoiding any behavior that could harm individuals or groups

Ticketing and Incident Response Levels:

RoverPass has defined four levels of incident response to manage and prioritize issues based on their severity:

  1. Level 1 - Critical: Immediate action required due to a severe interruption affecting all users. Examples include complete service outages or critical functional failures that prevent user operations.
  2. Level 2 - Significant: Requires short-term resolution for significant interruptions that affect multiple users but do not completely halt operations.
  3. Level 3 - Important: Pertains to issues that impact user experience or functionality, needing inclusion in the next release for a fix.
  4. Level 4 - Minor: Involves minimal operational impact, such as enhancement requests or non-critical feature improvements.

Response and Resolution Targets:

  • Level 1: Response within 60 minutes, resolution within 4 hours.
  • Level 2: Response by the next working day, resolution within 2 working days.
  • Level 3: Response within 7 working days, resolution within 14 working days.
  • Level 4: Handled on a case-by-case basis, typically discussed for future updates or enhancements.

For critical issues, RoverPass prioritizes rapid resolution with dedicated resources and direct third-party support coordination, ensuring minimal downtime and disruption.