Agreement to Terms

These Terms of Service and Rental Terms ("Terms") govern your use of the Kauai Rooftop Campers website, booking services, rental vehicles, rooftop tents, camping equipment, add-ons, transportation services, guide materials, and related services (collectively, the "Services").

By accessing our website, requesting a quote, making a booking, paying for a reservation, signing a rental agreement, accepting delivery or possession of a vehicle, or using any of our Services, you agree to these Terms and any additional policies or agreements presented during booking or pickup. If you do not agree, do not book or use our Services.

For each reservation, the person who books the rental ("Primary Renter") is responsible for ensuring that all drivers and members of the travel party understand and comply with these Terms.

Relationship Between Website Terms and Rental Agreement

These Terms apply generally to our website and Services. Your confirmed booking may also include a signed rental agreement, insurance or protection agreement, quote, invoice, cancellation policy, vehicle inspection form, camping rules, add-on terms, and other documents shown or signed during checkout or pickup.

If there is a conflict between these Terms and a signed rental agreement for a specific reservation, the signed rental agreement controls for that reservation, unless otherwise required by law.

Eligibility and Driver Requirements

Renters and drivers must meet all eligibility requirements shown at checkout, in the rental agreement, or at pickup. Unless we approve otherwise in writing:

• The Primary Renter and all drivers must be at least 25 years old.
• Each driver must have a current, valid driver's license.
• International drivers may be required to provide a passport and any additional documentation required by law or our insurer.
• Each driver must provide proof of full comprehensive auto insurance, including liability and collision coverage, or purchase/obtain approved rental coverage through us or our third-party insurance provider if available.
• The credit card used for the reservation may need to match the Primary Renter's name.
• We may decline or cancel a reservation if eligibility, identification, insurance, payment, or safety requirements are not satisfied.

Only approved drivers listed on the reservation may drive or operate the vehicle.

Bookings, Payments, Security Deposits, Taxes, and Fees

Rates, availability, minimum rental duration, included mileage, add-ons, pickup/drop-off fees, taxes, surcharges, insurance charges, cleaning fees, late fees, damage charges, processing fees, and other charges will be shown on the website, quote, invoice, or booking flow where applicable.

You agree to pay all amounts associated with your reservation, including amounts that become due after return of the vehicle, such as damage, missing gear, cleaning, late return, traffic/parking citations, tolls, recovery costs, administrative fees, chargebacks, and collection costs.

You authorize us and our payment processors to charge the payment method you provide for amounts owed in connection with your reservation. If a payment method fails, you agree to provide a valid replacement payment method promptly.

We may require a security deposit, card authorization, card hold, or other payment authorization before pickup or during the rental. The security deposit or authorization may be used for amounts owed under these Terms or the rental agreement, including damage, missing gear, cleaning, late return, tickets, tolls, towing, recovery, fuel, administrative fees, and other post-trip charges. A released card hold may take additional time to appear in your account depending on your bank or card issuer.

Some taxes, surcharges, and government fees may apply, including Hawaii rental motor vehicle surcharges where applicable. Amounts are subject to change as required by law.

Cancellations, No-Shows, and Changes

Cancellation, refund, and change rules are governed by the cancellation policy shown at booking, in your quote, or in your rental agreement.

Reservation changes, including date changes, early pickup, late return, added days, removed days, add-ons, airport rides, and location changes, are subject to availability and our approval. Additional charges may apply.

If you fail to appear for pickup, fail to complete required paperwork, fail to provide required identification/insurance, or fail to meet driver eligibility requirements, we may treat the reservation as a renter cancellation or no-show.

Vehicle Pickup, Return, and Inspection

Pickup and return times and locations must be arranged in advance. Vehicles must be returned on time, with all included equipment, to the agreed location, unless we approve a different arrangement in writing.

At pickup and return, we may document the vehicle and equipment condition with photos, video, written forms, or digital inspection tools. You agree to report any issue, damage, warning light, mechanical concern, missing item, or safety concern as soon as you notice it.

If you believe the vehicle, rooftop tent, equipment, or add-on is unsafe, you must stop using it and contact us immediately.

Before or at pickup, we may provide written, verbal, video, or in-person instructions for the vehicle, rooftop tent, ladder, stove, water system, electrical items, recovery gear, vehicle height, emergency procedures, add-ons, and other equipment. By accepting the vehicle and equipment, you confirm that you received a reasonable opportunity to review instructions, ask questions, and inspect the vehicle and equipment.

You agree to follow all instructions, warnings, manuals, labels, and safety directions provided by us or by the equipment manufacturer. If you do not understand how to safely use any vehicle feature, rooftop tent, ladder, stove, camping item, or add-on, you must ask us before using it.

Vehicle and Equipment Use

You agree to use the vehicle, rooftop tent, camping gear, kitchen kit, beach gear, add-ons, and other equipment responsibly, lawfully, and only for their intended purpose.

You agree not to:

• Allow an unapproved driver to operate the vehicle.
• Drive while impaired, distracted, or in violation of law.
• Use the vehicle for racing, towing, commercial use, illegal activity, or unsafe activity.
• Drive off-road, on prohibited roads, closed roads, beaches, trails, or terrain not suitable for the vehicle.
• Submerge the vehicle, drive through unsafe water crossings, or expose the vehicle to saltwater beyond ordinary road conditions.
• Smoke, vape, or use illegal substances in the vehicle or tent.
• Carry more passengers than allowed by law or vehicle design.
• Remove, alter, repair, or modify vehicle parts, rooftop tent components, trackers, safety equipment, or accessories without our written approval.
• Leave the vehicle unlocked, unsecured, or with keys unattended.
• Use the rooftop tent or gear in unsafe weather, unsafe locations, prohibited campsites, or in violation of campsite rules.
• Drive under low-clearance areas, tree limbs, garages, carports, parking structures, drive-throughs, bridges, or other overhead hazards that may strike the rooftop tent, roof rack, vehicle roof, or accessories.

You are responsible for the conduct of all passengers and guests.

You are responsible for knowing and respecting the height, length, width, turning radius, braking distance, and handling characteristics of the vehicle and rooftop tent setup. Damage caused by low-clearance impacts, roof impacts, side strikes, backing accidents, parking accidents, or failure to account for the vehicle's dimensions is your responsibility.

Rooftop Tent, Ladder, and Equipment Safety

Rooftop tents, ladders, stoves, cooking equipment, water systems, electrical items, camping gear, beach gear, and other equipment must be used carefully and only as instructed.

You agree to:

• Set up the rooftop tent only when the vehicle is parked safely, legally, level enough for safe use, and away from traffic or hazards.
• Fully close, secure, latch, and check the rooftop tent, ladder, awning, and gear before driving.
• Never drive or move the vehicle while the rooftop tent, ladder, awning, doors, windows, or gear are deployed or unsecured.
• Avoid using the rooftop tent, ladder, awning, stove, or outdoor gear in high winds, storms, lightning, flooding, unsafe heat, unsafe terrain, or other dangerous conditions.
• Follow any posted or stated weight limits, occupancy limits, and manufacturer instructions.
• Use the ladder carefully, keep it properly positioned, and keep the ladder area clear.
• Keep children supervised around the vehicle, tent, ladder, stove, sharp items, water, roads, cliffs, beaches, and other hazards.
• Never use the rooftop tent, ladder, stove, or gear while impaired by alcohol, drugs, fatigue, or any condition that affects judgment or coordination.
• Keep flames, heaters, smoking materials, and unsafe heat sources away from the tent, vehicle interior, fuel, fabrics, and gear.

You are responsible for injury, damage, loss, or extra cleaning caused by unsafe setup, unsafe use, failure to secure equipment, failure to follow instructions, or use in unsafe conditions.

Minors and Child Safety

The Primary Renter is responsible for all minors in the travel party. Children must be supervised at all times around the vehicle, rooftop tent, ladder, campsite, roads, beaches, cliffs, water, cooking equipment, sharp items, wildlife, and other hazards.

You are responsible for providing, installing, and using any legally required child seats, booster seats, or other child safety equipment. We do not guarantee that any third-party child safety equipment or installation is appropriate for your child or vehicle unless we separately agree in writing.

To the fullest extent permitted by law, the Primary Renter accepts these Terms on behalf of any minors in the travel party and agrees to be financially responsible for their acts, omissions, injuries, damage, violations, or misuse of the vehicle or equipment.

Camping Permits, Campsites, and Local Rules

You are responsible for obtaining and complying with all camping permits, park rules, county rules, state rules, private property rules, road rules, beach rules, parking rules, quiet hours, fire restrictions, and other laws or regulations that apply to your trip.

We may provide maps, recommendations, guide materials, or suggested campsites as a courtesy, but you remain responsible for verifying current conditions, legal access, permit requirements, closures, hazards, weather, tides, and safety issues.

We do not guarantee that any campground, park, road, beach, trail, permit, parking area, private property, or suggested route will be open, legal, available, safe, suitable, or accessible during your trip. Conditions and rules can change without notice. You are responsible for checking current rules, closures, reservations, permits, tides, weather, surf, road conditions, fire restrictions, and safety alerts.

Unauthorized camping, "wild camping," trespassing, illegal parking, or violating campsite rules may result in fines, towing, removal, permit issues, or other consequences. You are responsible for all such consequences.

Insurance, Protection Packages, and Accidents

Rental coverage, protection packages, and insurance options may be provided by third parties and may be subject to separate terms, eligibility requirements, deductibles, exclusions, and claim procedures.

Unless otherwise stated in a written insurance or protection agreement, any coverage is subject to the applicable provider's terms and may not cover all losses. You remain responsible for deductibles, excluded losses, unpaid balances, and damage or liability not covered by insurance.

In the event of an accident, theft, vandalism, breakdown, injury, citation, towing event, or other incident, you must:

• Ensure everyone is safe and call emergency services if needed.
• Notify us as soon as possible.
• Contact law enforcement and obtain a report where required or appropriate.
• Do not admit fault or make settlement promises on our behalf.
• Collect names, contact information, insurance details, photos, and incident details.
• Cooperate with us, insurers, law enforcement, repair vendors, and claims administrators.

Failure to follow these steps may affect coverage and may increase your financial responsibility.

Damage, Cleaning, Lost Items, and Charges After Return

You are responsible for returning the vehicle, rooftop tent, and all included equipment in substantially the same condition as received, ordinary wear and tear excepted.

You may be charged for:

• Vehicle damage, tent damage, equipment damage, missing items, or lost keys.
• Excessive dirt, sand, mud, stains, odors, smoke, food mess, pet hair, pests, or biohazard cleanup.
• Towing, recovery, storage, impound, or roadside assistance caused by misuse, prohibited use, negligence, lockout, fuel errors, dead battery from user conduct, tire damage, or similar events.
• Administrative time, claims handling, loss of use, diminished value, or other amounts allowed by law and the rental agreement.

Personal items left behind are your responsibility. We are not responsible for lost, stolen, damaged, or abandoned personal property, except where required by law.

Roadside Issues, Breakdowns, and Trip Interruptions

If a mechanical issue, warning light, tire issue, battery issue, tent issue, or equipment issue occurs, stop using the affected item if continued use could cause damage or create a safety risk, and contact us promptly.

We will make reasonable efforts to help resolve vehicle or equipment issues. However, we are not responsible for indirect expenses such as missed flights, hotel stays, alternate transportation, campsite fees, lost vacation time, lost wages, meals, emotional distress, or similar consequential losses, except where required by law.

Transportation Services

Airport rides, shuttle rides, pickup/drop-off assistance, and similar transportation services may be offered by us or third parties, subject to availability, schedule, fees, traffic, weather, staffing, and safety conditions.

Transportation fees and cancellation/refund terms will be shown or agreed separately. You are responsible for providing accurate flight and schedule information.

Website Use

You may use our website only for lawful personal or business purposes related to learning about or booking our Services.

You agree not to interfere with the website, misuse forms, submit false information, scrape or harvest content, attempt unauthorized access, upload malicious code, or use the website in a way that harms us, other users, or third parties.

All website content, including text, photos, videos, graphics, logos, layout, and branding, belongs to Kauai Rooftop Campers or its licensors and may not be copied, reused, or exploited without permission, except as allowed by law.

Guest Content and Reviews

If you submit messages, photos, reviews, testimonials, feedback, or other content to us, you represent that you have the right to do so and that the content is accurate to the best of your knowledge.

You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, display, edit, and share that content for operating, improving, and promoting our business, unless you and we agree otherwise in writing.

Privacy

Our collection and use of personal information is governed by our Privacy Policy, if posted, and by applicable law. During booking, pickup, rental, payment, insurance verification, claims handling, or customer support, we may collect information such as contact details, driver's license information, passport information, insurance information, payment information, trip details, communications, signatures, and inspection records.

Third-party booking, payment, insurance, messaging, analytics, and website providers may process information under their own terms and privacy policies.

Vehicles may be equipped with GPS devices, telematics, dash systems, anti-theft systems, or other tracking and security technology. These systems may collect location, movement, mileage, speed, diagnostic, route, incident, or vehicle status information. We may use this information for vehicle recovery, safety, insurance, claims, maintenance, customer support, trip verification, theft prevention, dispute resolution, and enforcing these Terms.

Assumption of Risk and Release

Outdoor travel, camping, vehicle use, rooftop tent use, ladder use, cooking, beaches, hiking, weather, roads, parking areas, campsites, and travel in unfamiliar places involve risks. These risks include slips, falls, cuts, burns, collisions, theft, vandalism, weather exposure, flooding, wind, lightning, falling branches, uneven ground, road hazards, wildlife, ocean and surf hazards, limited cell service, delayed emergency response, equipment misuse, driver error, and the acts or omissions of other people.

You voluntarily assume all known and unknown risks arising from or related to your reservation, trip, vehicle use, rooftop tent use, campsite selection, driving, camping, equipment use, transportation services, and participation in outdoor activities.

To the fullest extent permitted by law, you release and agree not to sue Kauai Rooftop Campers and its owners, employees, contractors, agents, and affiliates for claims, injuries, losses, damages, costs, or expenses arising from or related to ordinary risks of vehicle rental, camping, outdoor travel, rooftop tent use, equipment use, weather, road conditions, campsite conditions, third-party conduct, or your own acts or omissions.

This release does not waive claims that cannot legally be waived under applicable law.

Disclaimers

Outdoor travel, camping, vehicle use, rooftop tent use, ocean activities, hiking, cooking, and travel in changing weather involve inherent risks. You are responsible for exercising good judgment, following instructions, complying with law, supervising children and guests, and avoiding unsafe conditions.

Except as expressly stated in a signed rental agreement or required by law, our Services are provided "as is" and "as available." We disclaim warranties of merchantability, fitness for a particular purpose, uninterrupted availability, and non-infringement to the fullest extent permitted by law.

Limitation of Liability

To the fullest extent permitted by law, Kauai Rooftop Campers and its owners, employees, contractors, agents, and affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost vacation time, lost profits, lost data, substitute travel costs, missed reservations, or emotional distress.

To the fullest extent permitted by law, our total liability for claims arising from or related to the website or Services will not exceed the amounts you paid to us for the reservation giving rise to the claim, unless a different limit is required by law or stated in a signed rental agreement.

Nothing in these Terms limits or excludes liability to the extent that liability cannot be limited or excluded under applicable law.

Some jurisdictions do not allow certain limitations, so some limits may not apply.

Indemnification

You agree to defend, indemnify, and hold harmless Kauai Rooftop Campers and its owners, employees, contractors, agents, and affiliates from claims, losses, liabilities, damages, penalties, fines, costs, and expenses, including reasonable attorneys' fees, arising from or related to:

• Your breach of these Terms or a rental agreement.
• Your use, misuse, or operation of the vehicle, tent, equipment, add-ons, or Services.
• The acts or omissions of your drivers, passengers, guests, or invitees.
• Traffic violations, parking tickets, campsite violations, permit violations, tolls, towing, impound, or government fines.
• Injury, death, property damage, or third-party claims caused by you or your party.
• Your violation of law or third-party rights.

Dispute Resolution and Governing Law

These Terms and any dispute arising from them or from our Services are governed by the laws of the State of Hawaii, without regard to conflict-of-law rules, except where prohibited by applicable law.

Before filing a claim, you and Kauai Rooftop Campers agree to make a good-faith effort to resolve the dispute informally by contacting each other and allowing a reasonable opportunity to respond.

Any court proceeding that is not subject to a valid arbitration agreement or small-claims process must be brought in the state or federal courts serving Kauai County, Hawaii, unless applicable law requires otherwise.

Miscellaneous Terms

If any part of these Terms is found to be invalid, illegal, or unenforceable, the remaining parts will continue in effect to the fullest extent permitted by law.

If we do not enforce any part of these Terms right away, or if we make an exception in a particular situation, that does not mean we waive our right to enforce that term later or in another situation.

You may not assign, transfer, or delegate your reservation, rental agreement, rights, or obligations without our written approval. We may assign or transfer these Terms, a rental agreement, payment rights, claim rights, or business rights in connection with business operations, insurance, claims handling, a sale of the business, financing, merger, reorganization, or similar event.

These Terms, together with the signed rental agreement, quote, invoice, cancellation policy, insurance/protection terms, inspection forms, and any other written booking documents, make up the agreement between you and Kauai Rooftop Campers for the Services. They replace any prior or conflicting verbal statements, informal messages, website descriptions, advertisements, or understandings, except where a written document signed or approved by us expressly says otherwise.

We are not responsible for delay, cancellation, non-performance, reduced service, or inability to provide a vehicle, equipment, transportation, pickup, drop-off, support, or other Services due to events outside our reasonable control. These events may include severe weather, natural disasters, flooding, fire, road closures, park or campground closures, government action, emergency conditions, accidents, theft, vandalism, labor issues, utility or internet outages, supply shortages, illness, vehicle breakdowns despite reasonable maintenance, or other events we could not reasonably prevent.

Section headings are for convenience only and do not change the meaning of these Terms.

Any provisions that by their nature should continue after a reservation, rental, return, cancellation, termination, or expiration will survive. This includes payment obligations, damage responsibility, post-trip charge authorization, insurance and claim obligations, assumption of risk, release, disclaimers, limitation of liability, indemnification, dispute resolution, governing law, intellectual property, privacy, and miscellaneous terms.

Electronic signatures, checkbox acceptance, online payment, digital initials, email confirmations, text confirmations, and other electronic records may be used to show acceptance of these Terms, a rental agreement, or other booking documents to the fullest extent permitted by law.

Changes to These Terms

We may update these Terms from time to time by posting a revised version with a new "Last updated" date. Changes apply prospectively unless otherwise stated or required by law. For confirmed reservations, the terms accepted at the time of booking or signing generally apply unless you agree to updated terms.

Contact

Kauai Rooftop Campers

Anahola Marketplace, 4523 Loane St A-2, Anahola, Kauai, Hawaii 96703

Phone/text: (808) 500-6574

Email: info@krcampers.com

Website: https://kauairooftopcampers.com