Last updated October 2020
Sky Overland, LLC provides an online platform that connects “Owners” of vehicles listed on our website (www.skyoverland.com) (the “Site”) with “Renters” seeking to book those vehicles (the “Services”).
Services Provided by Sky Overland and Relationship to Third Party Sites
Owners submit information to Sky Overland about their vehicles. Sky Overland creates listings on behalf of Owners, and handles all rental inquiries on behalf of Owners. Renters may learn about and book vehicles using our Services. Once a connection has been facilitated by Sky Overland, the rental takes place directly between the Owner and Renter.
When requesting a listing on Sky Overland, Owners also receive a secondary listing on Outdoorsy (www.outdoorsy.co), which uses Wheelbase (www.wheelbasepro.com) rental management software. So, when Renters book a vehicle through Sky Overland, the transaction is processed by Outdoorsy as a third-party service provider to Sky Overland. By using the Services, you expressly agree to Outdoorsy’s and Wheelbases’s terms of service (available at www.outdoorsy.co/help/article/terms-of-service/) (“Outdoorsy’s Terms”).
You understand and agree that your obligations under Outdoorsy’s and Wheelbase’s terms and conditions supplement your obligations under Sky Overland’s Terms. Additionally, nothing in Outdoory’s or Wheelbase’s terms and conditions acts as a waiver by Sky Overland or otherwise relieves you of any obligation under Sky Overland’s Terms. If there is a direct conflict between Sky Overland’s Terms and those of Outdoorsy and/or Wheelbase, Sky Overland’s Terms prevail.
Sky Overland does not own, rent, re-rent, or otherwise control the vehicles listed on the Site. Sky Overland simply connects Owners and Renters. Accordingly, you understand and agree that Sky Overland is not a party to any agreements entered into between Owners and Renters, nor is Sky Overland an insurer. Sky Overland has no control over the conduct of Owners, Renters, and third-party service providers and disclaims all liability for claims or damages arising from or related to Owner, Renter, or third-party service providers’ conduct.
Modifications and Changes
Sky Overland reserves the right, at its sole discretion, to modify the Services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. By accessing the Site or using the Services after we have posted a modification on the Site or have provided you with other notice 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 stop accessing the Site and using the Services.
We at Sky Overland respect your privacy, but we do collect certain information as part of providing the Services. For the purposes of these Terms, we define “Personal Information” as your first name or initial and last name, your email address, and any other information that by itself or in connection with other information we collect and store is capable of identifying a natural human person, like you. We will collect and store any Personal Information you provide to us.
Also, the Site uses passive tracking technologies to log anonymous, non-identifiable information such as your device IP address, browser type, operating system, screen resolution and Site usage (for example what pages are accessed, how often they are accessed, referring/exit pages and URLs). We may also employ “cookies” or similar technologies that collect similar types of anonymous information. You can always set your browser’s privacy settings to reject cookies, however, certain features of the Site may not be available to you or may not function correctly if you do not accept cookies.
How We Use Personal Information. We will use (including collect and store) Personal Information, and other information we collect about you in accordance with these Terms as necessary to:
Provide the Services you have requested on the Site, including listing and booking vehicles on the Site;
Inform you about events and other news from Sky Overland, make personalized services and recommendations, and other activities as described in these Terms or at the time that we collect information from you;
Communicate with you, including sending emails and newsletters or requesting feedback or input about how we are doing and your Site experience;
Improve the quality and design of the Site and to create new features, promotions, and services by storing, tracking, and analyzing User preferences and trends;
Combine the information you provide via the Site with information we have collected from you in other forms, such as through emails or offline, or with publicly available information or information we obtain from third parties; and
Comply with applicable laws, including document retention or record-keeping laws and as necessary for us to maintain our records in the normal course of business. This may include electronic or paper records, including the creation and maintenance of archival copies of electronic data or back-up media or servers.
Disclosure of Personal Information. We may disclose your Personal Information and any other information we collect about you:
When required to do so by law, for example, in response to a court order or a subpoena;
To law enforcement agencies or other public agencies (including schools or child services) in response to their request(s) or if we believe that such disclosure may prevent the instigation of a crime;
As we deem necessary to protect the Site, our Users (including you), our property and our personnel, including as necessary to enforce the Terms; and
To a prospective purchaser of Sky Overland acquiring all or most of the assets relating to Sky Overland, to the extent permitted by laws.
We may disclose to third parties certain aggregate information contained in your User profile or account or other aggregated, anonymous information (such as that collected automatically) as we deem appropriate for our internal business purposes, including improving the Site and adding or modifying features.
Opting Out. If you want to review, delete, or modify any of your Personal Information, or if you want to stop receiving promotional or commercial communications from us, you may do so by contacting us at info@Sky Overlandrentals.com. Please be sure to clearly indicate your contact and data privacy preferences. Also, please include the email address you used with the Site and/or provided the information to help us verify your request. You may notify us about your preferences at any time by email.
Security. We use reasonable technological and procedural measures to protect the Personal Information you provide. We take protection of your Personal Information seriously; however, we cannot guarantee the safety or privacy of your Personal Information. You acknowledge, agree and understand that communication via the Internet, and security measures in connection with such communication, are not failsafe or foolproof, and there is always a possibility that data, including Personal Information, may be lost or intercepted by unauthorized parties during such transmission or after receipt. You agree that Sky Overland has no liability whatsoever in connection with such lost or intercepted data. To learn more about how to protect yourself online, we encourage you to visit the website www.onguardonline.gov.
Our Policy Toward Children
You’re certainly welcome to take your kids along on your trip, but the Site and Services are not directed to individuals under the age of 30. In order to adhere to the Children’s Online Privacy Protection Act, we will not knowingly collect any Personal Information from individuals under 13. If a parent or guardian becomes aware that his or her child has accessed the Site or provided us with Personal Information without the parent’s or guardian’s consent, he or she should contact us. If we become aware that a child under 13 has provided us with Personal Information, we will remove such information from our files. By using this Site, you represent and warrant to us that you are permitted under the applicable rules, regulations, statutes, agency or court decisions or other acts of government to access this Site.
Use of the Services
When you rent a vehicle through the Site, you warrant and represent the following:
You hold a current, valid (non-temporary) U.S. issued driver’s license, or, if you hold a foreign-issued driver’s license, you can provide your passport and a photograph of your foreign license.
You are at least 25 years of age.
You have been a U.S. or foreign-licensed driver for at least three years.
You understand that vehicles require more skill and expertise to operate safely than a passenger car, that a vehicle requires more clearance above, in front of, behind, and beside it to operate safely, and you must use mirrors and direct visual verification to maintain knowledge of the location of adjacent vehicles and obstacles on the roadway.
And, you agree to the following:
You will provide complete and accurate Personal Information (including your Driver’s License information) for use of the Services, as well as for DMV Verification through Outdoorsy.
If you have two or more major moving violations or any DUIs on your record, Sky Overland or Outdoorsy may prohibit you from booking a vehicle through the Services. If you fail the DMV check you will receive a full refund from Sky Overland.
You are solely responsible for the passengers on board your vehicle as well as the conduct of those passengers, and you will confirm that both the driver and passengers are properly using seat belts while the vehicle is in motion.
You will comply with Outdoorsy’s Terms, including for rental liability, damage to vehicles, maintenance and breakdown, right of possession, hauling and delivery, and other general requirements.
When you list a vehicle on the Site, you represent and warrant the following:
The information you provide about the vehicle to be listed is truthful and accurate, including, but not limited to, the value, location, size, features, availability, pricing, and add-ons offered. Renters will be able to rely on the information in your listing when booking and using your vehicle via the Site and Services.
Any listing created by you or on your behalf (i) is complete and accurate, including with respect to the characteristics of your vehicle; (ii) will not breach any agreements you have entered into with any third parties and (iii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any vehicle included in a listing you request, including, but not limited to, insurance requirements, Department of Motor Vehicle regulations, zoning laws, and laws governing rentals and operation of vehicles and (b) not conflict with the rights of third parties.
And, you agree to the following:
Your listings may be made publicly available on the Site and Outdoorsy’s website. By creating a listing, you grant Sky Overland a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your listing content in connection with the Services and to promote Sky Overland, your listing, or the Services in general, in any formats and through any channels, including across any Sky Overland or third-party website or advertising medium. We claim no ownership rights in your content.
You are responsible for any and all listings created by you or on your behalf, and it is your responsibility to check the accuracy of all such listings.
Sky Overland does not act as an insurer or as a contracting agent for you as an Owner. If a Renter requests a booking of your vehicle and uses your vehicle, any agreement you enter into with the Renter is between you and the Renter and Sky Overland is not a party thereto.
You are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors, including any applicable taxes to be collected or obligations relating to applicable taxes in your listing(s). Sky Overland does not offer tax-related advice.
Outdoorsy as Payment Agent
By using the Services, each Owner and Renter appoints Outdoorsy as their limited agent solely for the purpose of collecting payment from each Renter on behalf of each Owner as provided in Outdoorsy’s Terms.
The Owners, not Sky Overland, are solely responsible for honoring any confirmed bookings and making available any vehicles reserved through the Services. If you, as a Renter, choose to enter into a transaction with an Owner for the booking of a vehicle, you agree and understand that you will be required to enter into an agreement with the Owner and you agree to accept any terms, conditions, rules and restrictions associated with renting the vehicle as imposed by the Owner. You acknowledge and agree that you, and not Sky Overland, will be responsible for performing the obligations of any such agreements, that Sky Overland is not a party to such agreements, and that, with the exception of its obligations hereunder to pay rental Fees to the applicable Owner, Sky Overland disclaims all liability arising from or related to any such agreements.
Owners may choose to include a security deposit requirement in their listings. Outdoorsy will obtain pre-authorization of the Renter’s credit card according to Outdoorsy’s terms. Sky Overland does not administer or accept claims by Owners related to security deposits and disclaims any and all liability in this regard.
General information about rental rates can be found here https://Sky Overlandcampervehicles.com/rates/. Specific information about rental costs are defined in individual rental contracts between Renters and Owners.
Outdoorsy deducts service fees from Renters’ payments to Owners for confirmed bookings and remits the remainder to Sky Overland according to Outdoorsy’s Terms. Sky Overland in turn remits the remainder to Owners according to Sky Overland’s Owner Policies.
Renters may purchase insurance from Sky Overland and/or Outdoorsy as provided in Sky Overland’s and Outdoorsy’s respective Terms. Renters are responsible for all damages or expenses related to the vehicle rental, including damage to the vehicle, missing equipment, down time, theft, vehicledalism, and the vehicle Owner’s administrative expenses connected with loss irrespective of the cause of damage or loss or the negligence or lack thereof of Renter. Renters and Owners should complete a walk-through of the rental, noting any and all defects or damage prior to Renter’s pick-up and drop-off.
Cancellations and Refunds
If, as a Renter, you wish to cancel a confirmed booking made via the Services, Sky Overland’s Renter Policies regarding cancellations and refunds will apply to such cancellation. If an Owner cancels a confirmed booking made via the Services, Sky Overland will refund vehicle payments to the applicable Renter.
Links to Other Sites
The Site may contain links to or from third-party sites (“Linked Sites”). These links are provided for convenience and Sky Overland has no control over the content of Linked Sites, and Sky Overland does not assume any obligation to review Linked Sites. Sky Overland does not endorse, approve, or sponsor any Linked Sites, or any content, information, or other items on or available on or from them, and Sky Overland disclaims all liability in connection therewith. Any activity you engage in on or in connection with a Linked Site is subject to the terms and conditions of the Linked Site and Sky Overland disclaims all liability in connection therewith.
Sky Overland will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting on the Site, then send Sky Overland a written notice that includes all of the following:
a legend or subject line that says: “DMCA Copyright Infringement Notice”;
a description of the copyrighted work that you claim has been infringed;
the URL of the site and a description of where the material that you claim is infringing is located on that site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,
your electronic or physical signature.
Sky Overland will only receive DMCA notices by mail or email, or facsimile directed to Sky Overland’s Designated Agent at the addresses below:
51 Laurel Loop
Asheville, NC 28806
IF YOU CHOOSE TO ACCESS THE SITE OR USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT SKY OVERLAND DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, RENTERS AND OWNERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SKY OVERLAND EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SKY OVERLAND MAKES NO WARRANTY THAT THE SERVICES AND COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY VEHICLES, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SKY OVERLAND MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, VEHICLES, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SKY OVERLAND OR THROUGH THE SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR RENTERS. YOU UNDERSTAND THAT SKY OVERLAND DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR INSPECT ANY VEHICLES. SKY OVERLAND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RENTERS AND OWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY SKY OVERLAND.
Limitation of Liability
By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users of the Site or Services or other third parties will be limited to a claim against the particular party or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Sky Overland with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with others using the Site or Services regarding any listings or bookings.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to the Site and use of the Services, including any listing or booking of and use of any vehicles via the Services, and any contact you have with others through the Site or Services whether in person or online remains with you.
SKY OVERLAND IS NOT LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE SITE OR SERVICES OR INABILITY TO USE THE SITE OR SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, OR FROM YOUR LISTING, BOOKING, OR USE OF ANY VEHICLE VIA THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT SKY OVERLAND HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL SKY OVERLAND’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING, BOOKING OR USE OF ANY VEHICLE VIA THE SITE OR SERVICES, OR FROM THE INABILITY TO USE THE SITE OR SERVICES, OR IN CONNECTION WITH ANY VEHICLE OR INTERACTIONS WITH ANY OTHER USERS, EXCEED THE AMOUNTS YOU HAVE PAID FOR BOOKINGS VIA THE SITE OR SERVICES IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SKY OVERLAND AND YOU.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Sky Overland is not responsible for any damage to any vehicle rented through our Site. You agree to release, defend, indemnify, and hold Sky Overland and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site or Services or your violation of these Terms; (b) your content; (c) your interaction with any user of the Site or Services, (d) your listing, booking, or use of a vehicle, (e) your use, condition, or rental of a vehicle, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a vehicle.
We May Discontinue the Services
Sky Overland reserves the right to change, suspend or discontinue any of the Site or Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Site or Services may have on you, including your income or your ability to generate revenue through the Site or Services.
Class Action Waiver; Controlling Law and Jurisdiction
You and Sky Overland agree to resolve legal disputes on an individual basis and expressly waive the ability to participate in a class or representative proceeding, including any class action lawsuit or class arbitration or representative arbitration proceedings. These Terms will be interpreted in accordance with the laws of the State of North Carolina and the United States of America, without regard to its conflict-of-law provisions.
The Terms survive termination of your agreement with Sky Overland. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
If you have any questions about the Terms, please email us at: firstname.lastname@example.org .