Terms & Conditions WFA

Wheel Fun Adventures Terms & Conditions

Hi there,

We are excited that you have chosen to book with Wheel Fun Adventures! The Company is registered to 451 Woods Ave, Courtenay, BC, Canada.

The Terms and Conditions (T&C) outline the responsibilities related to renting from Wheel Fun Adventures, which limit and waives the Guests rights in some circumstances. These Terms and Conditions form part of the Rental Agreement between Wheel Fun Adventures and the Guest relating to the rented Vehicle and gear. It is important for the Guest to have read and understood these conditions.

Upon review of each page, Initial where indicated at the bottom of the page, affirming you have read and understood the terms and conditions, agree that these terms and conditions compose a valid and binding component of the Rental Agreement, that you have been provided ample opportunity to address and questions or concerns you may have prior to taking possession of the Vehicles or Equipment denoted in the associated Rental Agreement, and that the initialling Guest bears the responsibility to ensure all Guests are aware of all Terms and Conditions provided for within this document.

Guest(s) whom sign these Terms and Conditions authorizes Wheel Fun Adventures to process the credit card provided at the time of booking for the payment of any and all fees, expenses, deposits and charges. This includes and all parking violations, traffic violations, toll charges, damages to and loss of the Vehicle and Equipment while the Vehicle is in the possession of the Guest throughout the Rental Agreement and as further set out in the Terms and Conditions.
Definitions:

  • “Company” refers to Wheel Fun Adventures, Jenelle Cousins’ Sole Proprietorship.
  • “Guest” refers to the party or parties signing the Rental Agreement for the Vehicle and/or Equipment.
  • “Rental Agreement” means the agreement made between the Guest and Company relating the rental of the Vehicle and/or the Equipment. This document is included at the time of pick up along with an inspection report, Release of Liability, Waiver of Claims and Assumption of Risks and all other invoices, documents and policies. (Documents may be electronic or paper copies).
  • “Vehicle” is defined as the motor vehicle and all related equipment included in the Rental Agreement between the Guest and Wheel Fun Adventures. This includes all tires, tools, keys, key fobs, roof-top tent, camping equipment (coolers, sleeping bags, plates, stove, etc.), accessories, documents and all other Wheel Fun Adventures products or property denoted in the Rental Agreement or in the possession of the Guest during the rental period.
  • “Equipment” is defined as any tools, accessories, equipment, gear, or other property other than the motor vehicle being rented by the Guest from Wheel Fun Adventures as identified in the Rental Agreement or in possession of the Guest during the rental period. (I.e. sleeping bags, stove, cooler, lanterns, chairs, paddle boards, etc.)
  • “Inspection Report” refers to the vehicle or equipment inspection report summarizing the condition of the Vehicle or Equipment when rented to the Guest from Wheel Fun Adventures. This is completed by the Guest and the Company during the pickup.
  • “Incident”, notwithstanding expansion of the term in any specific provision, refers to any occurrence involving the Guest(s), Vehicle(s), or Equipment which results in a harm, damage, or outcome reasonably recognized as having a negative effect upon the Vehicle, Equipment, or any other tangible or intangible property of the Company including but not limited to: cosmetic damage, mechanical damage, fines and violations, legal action, loss of property, and damage to the name or reputation of Wheel Fun Adventures, amongst other occurrences.

Compliance with Laws: While the Vehicle is rented to the Guest under the Rental Agreement or is in the Guest’s possession, the Guest shall comply with all the laws and regulations that govern (a) the driving, parking, storage and transportation of the Vehicle; (b) the movement of the Vehicle, or any person or thing that is being transported in the Vehicle across any national, provincial, state or jurisdictional border; and (c) any Criminal or Regulatory laws of any jurisdiction in which the Guest possesses the Vehicle. The Guest must be 25 years or older at the time of Rental. A valid driver’s license is required throughout the Rental Agreement without any restrictions (i.e., new driver, impairment charges, learners). The determination of whether a Guest’s driver’s license is the equivalent of an unrestricted Class 5 license is made by Wheel Fun Adventures at the sole discretion of the Company.

Insurance: Each Vehicle is covered under ICBC Commercial Rental Auto Insurance. Each approved Guest with a valid driver’s license is covered under the policy. All approved guests are fully responsible for the full amount of the deductible, being jointly and separately liable in the event any harm or damage to the Vehicle occurs, no matter the source. Wheel Fun Adventures is to be notified immediately in the case of an accident, and Guests understand and agree that they may be held liable for any additional direct or indirect costs resulting from the Guest’s failure to inform the Company immediately upon the occurrence of an accident. Insurance claims will be initiated by the Company upon the return of the damaged Vehicle. A Security Deposit will be collected and held by Wheel Fun Adventures in an amount of $1,500.00 CAD to cover the full amount of the deductible for the duration of the Rental Agreement. The Guest recognizes that should the Security Deposit be insufficient to cover the costs of damages for which the Guest is liable, they will be required to pay the difference. The cost of this insurance policy is included in the daily cost of the rental and is non-negotiable.
This policy includes:

  • Third Party Liability: $5,000,000.00;
  • Collision Insurance with a deductible of $1,000.00; Collision coverage covers your repair costs when you hit another vehicle, object or the surface of the road.
  • Comprehensive with a deductible of $500.00; Comprehensive covers loss or damage to your vehicle from:
      • Theft and vandalism
      • Fire, earthquake, explosion
      • Falling or flying objects such as a rock or gravel hitting your windshield
      • Hitting a domestic or wild animal
      • Weather—lightning, windstorm, hail, rising water

This insurance policy DOES NOT cover any damage to the Vehicle due to:

    • Negligence
    • Improper Use
    • A Guest operating the vehicle other than approved driver
    • Continued use of vehicle outside of Rental Agreement
    • Operating the Vehicle off of ICBC’s definition of a highway
      • (a)every highway within the meaning of the Transportation Act,
      • (b)every road, street, lane or right of way designed or intended for or used by the general public for the passage of vehicles, and
      • (c)every private place or passageway to which the public, for the purpose of the parking or servicing of vehicles, has access or is invited,
      • Highway examples are (municipal roads, medians, parking the deck of a ferry, private roads with an open to public sign, a private road used by the general public to access to a campground, etc.)
      • Roads that are not highways (industrial roads, forest service roads, private driveways, etc.)
      • A full list of the definition of a highway can be found at ICBC “Definition of a highway”

    The Guest agrees to assume personal liability for injury to persons and damage to property where the Vehicle is driven in an unauthorized area without the Company’s prior written approval to travel in the United States or other unauthorized areas as outlined in Section 7. “Use of Vehicle”.

    Safeguard Vehicle: The Guest has an obligation to take all reasonable measures to safeguard the Vehicle and Equipment against theft and damage. The Guest is responsible to read, observe, and understand all operating instructions and precautions that are posted in or on the Vehicle and Equipment or supplies provided to the Guest by the Company. The Guest acknowledges that there is a $1,500.00 security deposit (the “Security Deposit) on the Vehicle, which is required at the time of Pick-up. The Security Deposit will be refundable less any of the following or damage defined by the sole discretion of the Company:

    • Damage (exterior and/or interior of vehicle; mechanical or engine damage; broken or lost equipment/gear, etc.). Price will be determined by cost of replacement. Excessive damage by the Guest that prevents the Vehicle from being used by future parties will result in the Guest paying Wheel Fun Adventures for loss of operation should the Company not have a suitable substitute available;
    • Insurance Deductible payable in the event of an accident or occurrence. Defined “Insurance”;
    • Windshield ($550);
    • Unreasonable Use of the Vehicle or Equipment may result in charges at the sole discretion of the Company;
    • Excessive Cleaning required including from pet ($150) or smoke odors ($300);
    • Lost or Broken Equipment/Gear.
    • Refueling (Cost of fuel plus $40 inconvenience fee)
    • Extra Day(s) (Daily rate for your booking)
    • Extra Mileage charges ($0.35per km)
    • Scratched Vehicle wrap ($200)
    • Scuffed rims ($50 per tire)
    • Late drop-off (each additional hour passed the Drop-off time determined on the Rental Agreement will be charged at $50/hour rounded to the nearest hour. This amount shall not exceed $400 for every 24-hour period. In addition, if a late return affects another party’s rental experience, the Guest agrees to pay losses to Wheel Fun Adventures.
      The Security Deposit will be returned less any charges if applicable, in the same format it was received. The Company will make every effort to return the Security Deposit at time of Vehicle return; Wheel Fun Adventures reserves the right to return the Security Deposit up to 10 days after Vehicle rental is returned.
      Maintenance: The Guest is responsible for all Vehicle(s) and Equipment in the Guest’s possession or denoted in the Rental Agreement. The Guest has an obligation to ensure that the Vehicle(s) and Equipment remain in good operating condition and are properly maintained throughout the duration of the Rental Agreement. This includes but is not limited to: ensuring that oil, fluid and coolant levels are adequate in the Vehicle, that the engine, braking, steering and other mechanical and hydraulic systems are maintained at proper recommended levels as specified in the Vehicles Owner’s Manual, in addition to any other maintenance and upkeep required by the specific Vehicle(s) and Equipment provided to the Guest in the Rental Agreement. The Guest is responsible for meticulously maintaining any and all levels and best practices as appropriate with regards to weather conditions (i.e., dead batter in the cold, frozen water lines, etc.). The Guest is responsible for all costs related to any mechanical issues and Vehicle repairs resulting from the Guests negligence in failing to fulfill these responsibilities.

    Repairs: The Guest may not complete any repairs on the Vehicle or Equipment without prior written authorization from Wheel Fun Adventures, and shall not, in any event, allow any lien to be placed upon the Vehicle without the Company’s prior knowledge and consent. The Guest will pay any and all unauthorized charges in connection with any and all repairs to the Vehicle or Equipment and recognizes that they waive any claim to compensation for unauthorized costs.

    Use of Vehicle: The Vehicle is covered by under the “Insurance” within Canada and the United States (including Hawaii and Alaska). The Vehicle is not covered in Mexico. The Guest must obtain written permission by the Company prior to taking the Vehicle outside of Canada. The Vehicles may be driven responsibly on appropriate dirt and/ or gravel roads, provided they have public access and are not private property, barred with gates or have no trespassing signs, under the condition that said roads remain in the definition of a highway as per ICBC. Any and all damage to the Vehicle will be charged to the Guests form of payment, outlined in section 4 “Safe Guard Vehicle”. In the event of a recovery cost or a fine related to trespassing the Guests form of payment will be charged accordingly.

    • Pick-Up: The Guest will be given a brief orientation by the Company at the time of Pick-Up. This will include an Inspection Sheet, how to use Equipment, general questions answered and a copy of Terms and Conditions. The Guest is responsible for raising any questions or concerns regarding the operation or maintenance of the Vehicle or Equipment prior to taking possession of said Vehicle or Equipment.
    • Duration of Rental: The Guest is in possession of the Vehicle as stated in the Rental Agreement. The Guest acknowledges that the rental of the Vehicle and Equipment is solely a transfer of possession, not of ownership. The Guest is responsible to maintain and check all fluid levels and monitor gauges during the Rental Agreement. If the Vehicle is found to have any damage or change in condition due to negligence of monitoring fluid levels or gauges, all costs associated with any potential damages will be solely the Guests responsibility. No smoking is permitted inside the Vehicle or Equipment at any time; smoking within proximity of an open window or door resulting in lingering odor or smoke damage shall be considered as smoking in the vehicle with regards to Guest liability. Pets are allowed, but limited to one Dog per Vehicle. All costs related to cleaning fees and damages to the Vehicle are the responsibility of the Guest whether or not the Guest has adhered to Company policy and best practices.
      To the extent permitted by law, any use of the Vehicle as prohibited below will (1) breach this Rental Agreement, (2) void any limitation of Guest’s liability for loss of or damage to the Vehicle or Equipment, (3) make the Guest(s) fully responsible and solely liable for actual damages, costs and attorney fees, loss of use, loss of revenue, diminished value resulting from this breach, and (4) void any insurance protection provided under this agreement subject to applicable law.
      The Guest shall not permit the Vehicle to be operated or driven (a) by any person who is not the holder of a current driver’s license, without any restrictions as denoted in Section 2 “Compliance with Laws”, that authorizes the holder to drive the Vehicle in the jurisdiction where the Vehicle is located; (b) for the transportation of person or property for hire, expressed or implied; (c) by any person who is under 25 years of age, or who has given Wheel Fun Adventures a false or fictitious name or age or address; (d) by a person other than the Guest or a person who is designated in this Agreement as an authorized driver; (e) in any competitive event; (f) to push or tow any Vehicle, nor attach any carrier or object to the Vehicle unless agreed upon by the Company in writing; (g) in a Prohibited Travel Area; (h) by any person while under the influence of intoxicants or drugs or for the illegal transportation of intoxicants or drugs or other prohibited or restricted substance; (i) for any illegal purpose or commission of a crime; (j) who loads Vehicle beyond its capacity; (k) who allows more passengers than the vehicle has seatbelts for or designed to carry; and (l) when use will cause damage to the Vehicle (i.e. warning light is on, flat tire, steam rising from engine, etc.). These restrictions are cumulative and each of them apply to every use, operation or driving of the Vehicle.
      Roadside Assistance: All Vehicles are equipped with Roadside Assistance, if roadside assistance is required and costs are incurred as a result of the Guest, all costs will be charged accordingly. The Guest agrees to contact Wheel Fun Adventures as soon as possible in the event of a breakdown or in need of assistance. The Company recognizes that the Guests shall rightly and reasonably prioritize contacting first responders in the case of emergency and the Guests recognize that any other delay in contacting Wheel Fun Adventures immediately following an incident shall have the reasonable nature of the delay assessed at the sole discretion of the Company. Roadside Assistance is only available on main roads, leaving the Guest responsible for any cost of assistance associated with remote areas. A Garmin Inreach GPS will be provided in the case of an emergency where there is no cell phone service. Expanded information on the use of the Inreach In section “GPS Device” below.

    Breakdowns: In the event that a breakdown resulting in longer than 48 hours, Wheel Fun Adventures will provide the Guest with a credit equal to the period during which the Vehicle was inoperable, provided the breakdown was the result of the Company’s maintenance of the Vehicle and not a result of negligence from the Guest or the action of a third party. Wheel Fun Adventures shall not be liable for any other costs or damages suffered to the Guest (i.e., hotel accommodation, flight changes, damage to personal belongings) as result of a mechanical breakdown. If a non-essential piece of Equipment or additional component fails on the Vehicle, Wheel Fun Adventures reserves the right to not repair this during the dates outlined in the Rental Agreement. If equipment not reasonably considered as essential in the standard Rental Agreement, it is the Guest’s responsibility to raise the concern and have it identified as essential in writing during the Pick-Up Inspection and prior to departing with the Vehicle or Equipment.

    Incidents: Incidents include Damage, Accidents, Theft, Vandalism, and any other occurrence which is reasonably understood to have a negative impact upon the Vehicle, Equipment, or any other Company assets, including the name and reputation of Wheel Fun Adventures. The Guest shall immediately report any Incident, theft or vandalism involving the Vehicle or its passengers to Wheel Fun Adventures and to the Police in the jurisdiction where the incident took place and shall deliver to Wheel Fun Adventures every process, pleading, notice or paper of any kind received by the guest or any driver of the Vehicle or its passengers relating to any claim, suit or proceeding in connection with any incident or event involving the Vehicle within a reasonable time. Neither the Guest nor any driver of the Vehicle shall aid or abet the assertion of any claim, suit or proceeding and shall cooperate fully with Wheel Fun Adventures and ICBC investigating and defending the same. Failure to report any Incident within 24 hours will void any Insurance provided by Wheel Fun Adventures. Guests who have been involved in any incident and drop the Vehicle off with no written accident report and police file number shall void their insurance coverage and will be responsible for the cost of any and all repairs or replacements resulting from the damages.

    Guest Property: The Guest acknowledges that the Vehicle may not be a secure place and does not hold Wheel Fun Adventures liable for any loss or damages to personal property. It is the Guests responsibility to ensure the safety of their property and to purchase additional insurance for personal belongings.

    Substitutions: The Vehicle or Equipment may, at Wheel Fun Adventures sole discretion, be an equivalent or higher rated Vehicle or Equipment than the Vehicle denoted at the time of reservation by the Guest. In the event of a Substitution there will be no extra charge to the Guest. Wheel Fun Adventures does not guarantee the availability of the exact Vehicle or Equipment reserved by the Guest and does not have liability to the Guest (except as stated in this clause) arising from Wheel Fun Adventures substituting a Vehicle than the one placed at the time of reservation.

    Smoking: All of our Vehicles and Equipment are smoke free (i.e., cigarettes, cigar, vape). Detection of any smoke related odors or damages will results in additional charges. Do not smoke in the Vehicle and avoid camp fire smell by keeping all doors of the Vehicle and Equipment closed and away from a campfire. Guests are responsible for $300 cleaning fee if smoke odors are detected.

    Pets: Pets are allowed in the Vehicle and Equipment with limit to one dog per Rental Agreement with approval from Wheel Fun Adventures. An additional pet fee will be added to all bookings for a fee of $50. There will be an additional cleaning fee ($150) for excessive pet hair or dirtiness from a pet.

    Pick-Up: The Guest shall take possession of the Vehicle and the Equipment from Wheel Fun Adventures at the time, location and date defined in the Rental Agreement (Vancouver Time, UTC-7). The Guest and the Company will complete the Inspection Report, the Guest will receive the Vehicle and Equipment in good operating and roadworthy condition, without any damages or defects (mechanical or otherwise) other than those listed in the Inspection Report. By taking possession of the Vehicle or Equipment the Guest recognizes and accepts any and all defects denoted on the Inspection Report and waives the Company of any and all liability resulting from listed defects.

    Wheel Fun Adventures, in its sole discretion, may refuse to rent the Vehicle or Equipment to any Guest if the Company has any concerns about the intended uses or the Guests ability to operate the Vehicle or Equipment.

    At the time of Pick-Up, each Guest will present Wheel Fun Adventures an original, valid driver’s license. A copy of the license will be retained by the Company in accordance to Privacy Policy. It is the Guests responsibility to provide a license to the Company that is in good standings (not suspended, revoked or otherwise restricted in any way). The Company may use its sole discretion to refuse to rent the Vehicle to any Guest, if the Company suspects that there are any deficiencies with the Guests license or driving history, with respect to authenticity, validity or good standing.

    Drop-Off: The Guest must drop off the vehicle no later than 14:00 (2:00pm) at the time, location and date specified in the Rental Agreement. The Guest should drop-off the Vehicle and Equipment in the same condition as when received by the Guest, ordinary wear and tear expected. Any additional damage other than defined by the Pick-Up inspection report will be charged accordingly.

    In the event the Vehicle is returned to a location other than specific on the Rental Agreement, the Guest agrees to pay the applicable one-way charge or the cost of returning the Vehicles to the designation rental station, whichever is greater. The Company is not required to utilize the cheaper alternative to return the vehicle to the designated location and may utilize whichever means preferred or deemed most efficient at the sole discretion of the Company.

    Wheel Fun Adventures, in its sole discretion, may charge the Guest a late fee for every hour or rounded up to the nearest hour that the Vehicle or Equipment is returned after the time specified on the Rental Agreement. The late free for a Vehicle or Equipment will be $50.00 per hour unless otherwise specified in the Rental Agreement. This amount shall not exceed $400 for every 24-hour period, if a late return effects another party’s rental, the Guest agrees to pay losses to Wheel Fun Adventures. Wheel Fun Adventures will not be required to refund any part of the Rental Fee in the event of an early return of a Vehicle or Equipment. Early returns can be arranged if Wheel Fun Adventures is made aware in advance. No refunds will be issued by the Company for un-used days if the Vehicle or Equipment is returned early.

    Payments & Bookings: All rates are subject to change without notice, as all bookings are located in British Columbia, Canada with a tax rate of 5% GST, 7% PST, and $1.50/day (BC Rental Vehicle Tax) will apply in addition to the rental fees. Rates are quoted in Canadian Dollars.

    Guests are required to pay a 25% deposit at the time of reservation by major credit card (Visa, MasterCard or AMEX) or by such other form of payment the Company may agree. Your booking will be confirmed once deposit is received. All bookings are a 3-night minimum rental. The remaining balance of the rental is to be paid no later than 14 days prior to Pick-Up. Failure to pay the remaining balance 14 days prior to Pick-Up may result in a cancelation of the reservation with no refund provided. Guests must have paid by the time of Pick-Up or the Guest will not be allowed to start the trip. A Security Deposit of $1500 CDN is completed at Pick-up. Security Deposits will be refunded within 5-10 days post Drop-Off if there are no additional charges. Any other additional charges will be processed within 10 days post Rental Agreement termination unless the Company can demonstrate a reasonable cause for delay.

    All Vehicles and Equipment are detailed between rentals and are charged a $100 nonnegotiable cleaning fee. If additional cleaning fees are needed such as smoking or pet odours, an additional $300 smoking fee and $150 pet cleaning fee will be applied. All Vehicles must be returned with a full tank of fuel, any Vehicle not returned with a full tank of full will charged for the fuel accordingly and an additional $40 inconvenience fee.

    Guests will pay Wheel Fun Adventures immediately for any and all additional costs associated with the rental. This includes but not limited to: additional cleaning fees, distance services, damages to the Vehicle or Equipment, late fees, refueling fees, or any other fee outlined on the Rental Agreement or Terms and Conditions. If additional fees are billed to another party other than the Guest and the other party fails to make the payments due, the Guest shall pay the charges. Wheel Fun Adventures has the right to retain the Security Deposit to cover any additional fees. The Guest will be notified prior to the Company processing any additional fees. Additional administrative fees ($50) shall be applied to any tickets, fines or insurance claims Wheel Fun Adventures has to submit. The Guest agrees to have the credit card on file to provide payment for additional fees, unless an alternative form of payment has been agreed upon between the Company and Guest. Through the use of a Credit Card, Wheel Fun Adventures is authorized to reserve credit with the card issuer in an equal amount to all estimated charges, to process an appropriate voucher for those charges, and to process an appropriate voucher for those charges at the time of rental. Wheel Fun Adventures may audit any and all charges, if there is a discrepancy in prior charges. The Guest authorizes Wheel Fun Adventures to correct charges with the credit card on file. The Company is not responsible to notify the Guest of any and all corrections.

    Special Pricing: Rentals between 7-13 days in length will receive a 15% discount. Rentals between 14-29 days in length will receive a 20% discount. No Rental Agreement shall be longer than 30 days total.

    Cancellations: The Guest may cancel a Vehicle reservation free of charge with at least 30 calendar days’ notice prior to Pick-Up date. Wheel Fun adventures will provide a full Rental Refund. Cancelling a reservation between 14-29 days prior Pick-Up date will result in a refund of 50% of the totals amounts paid including the Rental Deposit and any other amounts paid to Wheel Fun Adventures. Wheel Fun Adventures will not provide a refund to a reservation that is cancelled 13 days or less than the Pick-Up date outlined on the Rental Agreement.

    Distance Charges: Distance is calculated in kilometers (KM) through the use of the Vehicles odometer reading upon Pick-up and Drop-off of the Vehicle. Each Vehicle rental includes 200KM per day, additional kilometers may be purchased at the time of reservation for a fee of $30 for 100 KM or if the daily amount is exceeded with no additional kilometers being purchased there will be a $0.35/KM fee. There is no refund on any portion of unused prepaid kilometers. It is a criminal offense to tamper with the speedometer or odometer. If there are signs of the Vehicle speedometer and odometer being tampered with, or they are broken, the Guest shall pay for repair or replacement.

    Tickets/Fines: The Guest is liable for all parking and traffic violations, toll fees and fines, and authorizes Wheel Fun Adventures to charge for all related costs. The Guest shall be exclusively liable and hold Wheel Fun Adventures harmless from all fines, penalties or forfeitures arising from a Guest breach of any law, regulation or insurance policy provision applicable to the Vehicle or the Guest. The Guest authorizes Wheel Fun Adventures to charge an administration fee of $50 to pay any charges and any legal fees or expense that the Company may have incurred on the Guests behalf.

    Equipment: The Guest shall acknowledge the possession of all Equipment as indicated on the Rental Agreement and is responsible for the costs of replacing equipment lost or damaged upon Drop-Off to Wheel Fun Adventures.

    Credit Card Authorization: The Guest authorizes Wheel Fun Adventures to hold a credit card authorization as security for payment of any amount payable by the Guest under this Rental Agreement, and to complete the imprints by adding the totals of any charges or amounts payable to Wheel Fun Adventures by the guest and to process the completed imprints for payment by the Guest’s credit card company or bank.

    Return on Demand: Wheel Fun Adventures may demand the return of the Vehicle at any time and in the sole discretion of the Company may determine that such demand has not be complied with, or if there is any delay in compliance, Wheel Fun Adventures may forthwith repossess the Vehicle by use of any lawful means without prior written warning to the Guest or the Guest’s credit card company or bank. If the Company resort to repossessing the vehicle due to the Guest’s noncompliance or delay in compliance, the Guest will be charge for any costs associated with repossession. Wheel Fun Adventures may repossess the Vehicle without warning and terminate the Rental Agreement with immediate effect.
    Wheel Fun Adventures reserves the right to cancel a reservation at any time (including at Pick-Up) due to natural disasters, changes in business conditions, unforeseen natural occurrences, or other situations that would make renting a Vehicle unsafe for use. This includes but is not limited to a Guest showing up intoxicated or otherwise unable to safely operate the vehicle. In the event of Wheel Fun Adventures initiates a cancellation, a full refund will be issued, unless the reason for cancelation is due to misinformation or unsafe conditions caused by the Guest.
    Repossession: If the Company is provided with any false information on the Rental Agreement, or if the Guest omits information to Wheel Fun Adventures about the Guests intentions regarding the Vehicle or Equipment or breaches the contract in any way, Wheel Fun Adventures shall repossess the Vehicle without warning at the Guests expense and immediate termination to the Rental Agreement will occur.

    Lawsuits: The Guest shall permit Wheel Fun Adventures or its insurers and their counsel to have the sole and exclusive conduct in the name and on behalf of the Guest, and the cost of Wheel Fun Adventures or it’s insurers, of the defense of all lawsuits and proceedings that may be instituted against the Guest arising out of the Guest’s use, possession, driving, parking, storage or transportation of the Vehicle or Equipment, and any counterclaim that may be made by the Guest in any such lawsuits and proceedings. The rights of Wheel Fun Adventures and its insurers to conduct the said lawsuits and proceedings shall include the sole and exclusive right to settle or abandon any such lawsuits or proceedings, and enter into binding agreement, or give good discharges, on behalf of the Guest for the purpose of entering into any settlement of, or abandoning, any such lawsuits or proceedings without any requirement to provide prior notice to the Guest. The Guest shall co-operate fully with Wheel Fun Adventures and it’s insurers in taking all steps and in providing and obtaining all information and evidence that may be deemed necessary or desirable by Wheel Fun Adventures or it’s insurers for the purpose of the said lawsuits or proceedings and the conduct, settlement or abandonment thereof. The Guest hereby irrevocably appoints Wheel Fun Adventures, or it’s said insurers, to be the true and lawful attorneys of the Guest to execute all documents and do or omit to do all such acts and things as the said attorneys may consider to be necessary or desirable in the circumstances in order to give effect to the rights conferred by this clause on Wheel Fun Adventures and it’s said insurers, and the power of attorney hereby conferred is deemed to be coupled with an interest.

    Indemnity: Wheel Fun Adventures is not responsible for any loss, injury, or damage to person or property from any equipment rented from Wheel Fun Adventures including, but not limited to, the Vehicle rental and Equipment. The Guest shall defend, indemnify and hold Wheel Fun Adventures harmless from and against any and all losses, liabilities, damages, injuries, claims, demands, cost and expenses, arising out of or connected with the possession or use of the Vehicle while the Vehicle is in the Guest’s possession, including but not limited to any and all claims or liabilities arising out of the abandonment, conversion, concealment or unauthorized sale of the Vehicle by the Guest or the Guest’s drivers, agents or employee, or confiscation or seizure of the Vehicle by reason of any illegal or improper use of the Vehicle.

    No Agency: Neither the Guest nor any other driver or party of the Vehicle shall represent themselves to be, the agent, servant or employee of Wheel Fun Adventures for any reason or for any purpose.

    Governing Law: This Agreement is governed by the law in force in the Province of British Columbia and the Guest and Wheel Fun Adventures irrevocably submit to the jurisdiction of the courts of the Province of British Columbia.

    Guest Liability: All responsibilities, obligations, and liabilities recognized in the Rental Agreement and/or the Terms and Conditions hold the Guest(s) jointly and severally liable. The Company retains the right to hold any single Guest or all Guests liable for any damages or costs incurred and may charge or seek compensation from any Guest for any costs incurred by any other Guest or the Guest’s group as a whole.

    Severability: The invalidity or unenforceability of any provision, or any subset of a provision, of this Rental Agreement shall not affect the validity or enforceability of any other provision of this Rental Agreement and such invalid provision shall be deemed to be severable.

    Multiple Units: Where a Vehicle consists of a Vehicle and camper or camper trailer or other forms of Vehicles that are designed to physically detach and remain in use, all provision in these Terms and Conditions apply to each Vehicle(s) separately and to both Vehicles taken together as the circumstances may permit. Vehicle camper or camper trailer rentals may not be separated during the rental period and the Guest is responsible to a penalty of $500 if this occurs, in addition to all related costs due to resulting damage.

    Devices: Devices rented from Wheel Fun Adventures are to be returned at Drop-Off of the Vehicle. In the event a device or any accessory (e.g., USB cable, charging cable, In Reach GPS etc.) is lost or damaged, full replacement cost will be charged. Wheel Fun Adventures aims to provide the most current maps available, however assumes no responsibility and will not compensate for any expenses or charges (e.g., extra fuel, extra kilometers, delays, etc.) incurred resulting from the Guest’s use of out of date or incorrect maps.

    GPS Device: Each Vehicle is provided with a Satellite GPS tracking device (ie., Garmin Inreach, SPOT), or a device of equivalent capability. The use of this Device shall only be permitted during the case of an emergency, ONLY when there is no cell phone reception. If the Device is used by the Guest for other reasons other than that of an emergency, the Guest will assume all additional fees. These fees are ($0.75/ text), access to weather ($1.40 per access). These fees are determined by Garmin themselves and are subject to change; Wheel Fun Adventures uses their device plans to offer Guests additional safety, not intended as a luxury product or service.

    Tracking Device: All Vehicles rented from Wheel Fun Adventures may be equipped with a tracking device that uses technology to enable Wheel Fun Adventures to manage and protect the Vehicles. Please note that the Company is able to monitor the location, mileage and trip history of Vehicles. The Company respects your privacy and will not share any of your personal information with anyone but reserves the right to rely upon gathered information as required to effectively respond to any Incident, including all Criminal, Civil, or Regulatory legal concerns.

    Changes to Terms & Conditions. Wheel Fun Adventures reserves the right to change Terms and Conditions at any time without notice.

    Itineraries: Wheel Fun Adventures may provide travel suggestions based on a Guest’s proposed itinerary. All suggestions are not facts, they are lay opinions meant to aid in the enjoyment of the Guests rental experience and the Guest will not hold Wheel Fun Adventures responsible for guaranteeing the quality of our travel suggestions or route recommendations.

    Privacy: The information requested from the Guest is to allow Wheel Fun Adventures to complete the Guests rental request and protect the Company in case of an Incident or legal concern. The Guest acknowledges that Wheel Fun Adventures will collect, hold and use the Guests personal information for purposes related to the Vehicle rental and the provision of customer services, including direct marketing and assessing customer satisfaction with products and services provided by Wheel Fun Adventures. The Guest acknowledges personal information may be disclosed to debt collection agencies in the event the Guest defaults in the payment of any monies owed to Wheel Fun Adventures or other parties involved in an accident with the Vehicle and Guest.