LAST UPDATE OF THIS TERMS & CONDITIONS - [January 20, 2025]

Northirn Overland Expeditions Ltd Terms & Conditions

I, the undersigned, am authorized as the Customer to enter into this Rental Agreement with the Company and, in connection therewith, acknowledge that I have read, understand and agree to be bound by the Company’s Terms and Conditions, a copy of which has been provided to me and which form part of and are expressly incorporated by reference within this Rental Agreement.

I, the undersigned Customer, hereby authorize the Company to process the credit card provided in connection with the rental for the payment of any and all fees, expenses, deposits and charges, including all parking violations, traffic violations, toll charges, damages to and loss of the Vehicle, or otherwise incurred pursuant to the terms of the Rental Agreement and as further set out in the Terms and Conditions.

Other than in respect to those persons so signing this Rental Agreement, I, the undersigned Customer, hereby agree that no other party or parties will drive or operate the Vehicle.

1. Definitions

a)   “Company” means Northirn Overland Expeditions Ltd. doing business as Northirn Overland.

b)   “Customer” means the party or parties executing the Rental Agreement for the rental of the Vehicle or the Equipment.

c)   “Rental Agreement” means the agreements between the Customer and the Company governing the rental of the Vehicle or the Equipment, which includes the rental document the Customer receives when given access to the Vehicle or the Equipment, these Terms and Conditions (which are expressly incorporated by reference therein), the Inspection Report, the Release of Liability, Waiver of Claims and Assumption of Risks and all other invoices, documents and policies (whether electronic or otherwise) sent to the Customer in connection with the rental of the Vehicle

d)   “Vehicle” means the motor vehicle and any ancillary equipment thereto as may be rented by the Customer from the Company, as described in the Rental Agreement, and which shall include all tires, tools, keys, key fobs, plates, roof-top tents, accessories, documents, and other products or items of property provided by the Company with the motor vehicle.

e)   “Equipment” means the equipment other than the Vehicle as may be rented by the Customer from the Company, as described in the Rental Agreement.

f)        “Inspection Report” means the vehicle or equipment inspection report summarizing the condition of the Vehicle or Equipment which is to be jointly completed by the Customer and the Company at Pick-Up (as defined herein).

2. Vehicle and Equipment Rental

The Customer agrees to rent the Vehicle and Equipment from the Company during the period of time so specified on the Rental Agreement (the “Rental Term”). The Customer hereby acknowledges that the rental of the Vehicle and Equipment is solely a transfer of possession and not of ownership.

3. Pick-Up

The Customer shall take possession of the Vehicle and the Equipment from the Company at the Company’s place of business unless otherwise specified on the date as specified in the Rental Agreement (the “Pick-Up”).  

In connection with Pick-Up, the Customer acknowledges and agrees that the Vehicle and the Equipment are delivered to the Customer in good operating and roadworthy condition, without any damage or defects (mechanical or otherwise) other than those noted in the Inspection Report.

The Company, in its sole discretion, may refuse to rent the Vehicle or the Equipment to any Customer if the Company has any concerns about the intended uses or the Customer’s ability to operate the Vehicle or the Equipment.

At Pick-Up, each Customer will present to the Company an original, valid drivers’ license (a “License”), a copy of which shall be retained by the Company in accordance with its Privacy Policy. It is a condition precedent to each rental, for the sole benefit of the Company, that the Company is able to verify, to its sole satisfaction, that each Customer’s License has been validly issued to that Customer and is in good standing (not suspended, revoked or otherwise restricted in any way). The Company reserves the right to deny the rental of the Vehicle and terminate this Agreement if the Customer’s driving history is not to the satisfaction of the Company. The Company, in its sole discretion, may refuse to rent the Vehicle to any Customer if the Company determines that there are any deficiencies with the Customer’s License or driving history, including with respect to authenticity, validity or good standing.

4. Drop-Off

The Customer shall return the Vehicle and the Equipment to the Company at the Company’s place of business on or before 8pm. (Vancouver time), or such other time as may be specified, on the date as specified in the Rental Agreement (the “Drop-Off”). The Company, in its sole discretion, may charge the Customer a late fee for every hour or part thereof that the Vehicle or Equipment is returned after the time so specified in the Rental Agreement. The late fee for a Vehicle shall be $50.00 per hour and the late fee for equipment shall be $25.00 per hour unless otherwise specified in the Rental Agreement The Company shall not be required to refund any part of the Rental Fee (as hereinafter defined) in the event of an early return of a Vehicle or Equipment.

In connection with the Drop-Off, the Customer shall return the Vehicle and the Equipment to the Company in the same condition, ordinary wear and tear expected, and to the same level of cleanliness that the Customer received it at Pick-Up. In its sole discretion, the Company may charge a cleaning fee in the amount of $150.00 or such other amount based on cleaning expenditures actually incurred by the Company, whichever is greater, to the Customer in the event that any stains, dirt, odor or soiling attributable to the Customer’s use cannot be cleaned by the Company as part of its expected, routine cleaning procedures.

The Customer will return the Vehicle to the Company with a full tank of fuel, in accordance with the type and grade as specified in the Vehicle manual, or will otherwise be required to reimburse the Company for all fuelling costs incurred by the Company plus an additional 15% surcharge thereon.

5. Rental Rates

In exchange for the use of the Vehicle or the Equipment during the Rental Term, the Company will charge to the Customer a rental fee (the “Base Fee”), which the Company will assess on a per-day basis, as set out in the Rental Agreement. The minimum rental period is three (3) days. 

The vehicle is covered with unlimited kilometers during the Rental Term unless stated on the rental agreement otherwise. 

6. Insurance

The Company will ensure that any rented Vehicle is covered with a minimum of $2,000,000 Third Party Liability insurance, as provided by the Insurance Corporation of British Columbia (“ICBC”), together with Comprehensive Damage and Collision insurance in accordance with industry standards and as further set out within the copy of the insurance policies provided within the Vehicle. In connection with the Company’s obligations to its insurer, the Customer authorizes the Company to provide a copy of each License to ICBC together with all such other personal information relating to the Customer as ICBC may require.

The Customer acknowledges that the aforementioned insurance coverage obtained by the Company is mandatory, non-negotiable and cannot be waived in connection with the rental of the Vehicle. In exchange for the provision of such insurance, the Company will charge the Insurance Fee to the Customer. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT, NOTWITHSTANDING THE INSURANCE COVERAGE PROVIDED BY THE COMPANY, IT WILL REMAIN LIABLE FOR ANY AND ALL LOSS OF OR DAMAGE TO THE VEHICLE DURING THE RENTAL TERM. 

The Customer may, in its sole discretion, purchase additional insurance coverage from any third party agency or provider. In the event that the Customer’s obligations with respect to damage or loss hereunder is covered by any insurance or benefits provided to the Customer by a third party, the Customer authorizes the Company to contact such third party provider directly on the Customer’s behalf and the Customer assigns all such benefits directly to the Company to recover all consequential and incidental damages, including but not limited to the repairs of the Vehicle, incidental loss and other costs and expenses.

The Customer represents and warrants to the Company that any motor vehicle insurance that may be provided to it by or through a credit or debit card may not be valid in connection with the rental of the Vehicle and, as a result, the Customer is not depending or relying on any such insurance coverage.

7. Payment

At the time of booking the Vehicle, the Customer will pay to the Company a deposit equal to 25% of the Rental Fee, fully creditable against final payment, to confirm the reservation (the “Rental Deposit”). The Customer will pay the balance of the Rental Fee to the Company no later than 14 calendar days prior to Pick-Up. The Customer will pay the full amount of any Mileage Fee owing to the Company at the time of Drop-Off. At the time of booking the Equipment, the Customer will pay to the Company the full amount of the Rental Fee.  

The Customer will make all payments owing under the Rental Agreement by major credit card (VISA, Mastercard) or by such other form of payment as the Company may agree. In addition to all amounts owing under the Rental Agreement, the Customer is responsible for the payment of all applicable taxes including, but not limited to, Provincial Sales Tax, Provincial Rental Vehicle Tax and Federal Good & Services Tax.

All amounts herein are expressed in, and shall be paid in, Canadian dollars based on exchange rates at the time of booking. Any payment by the Customer using a non-Canadian credit card may be subject to exchange rates and currency conversion fees, as charged by applicable financial intermediaries, the payment of which shall be the sole responsibility of the Customer.

8. Cancellation

The Rental Deposit is non-refundable. Cancellations within 14 days of the start of a reservation will be charged 50% of the total rental amount. Cancellations within one week of the start of a reservation will be charged 100% of the rental cost. No refunds can be given for early returns.

The Company may, for valid business reasons, including, but not limited to, the unavailability of vehicles or equipment, cancel the reservation by a Customer of a Vehicle or Equipment at any time prior to the Customer taking possession of the Vehicle or Equipment, in which case the Company will refund the Customer for all amounts paid under this Rental Agreement. In the event of any cancellation by the Company will not be responsible for, and the Customer will not hold the Company liable for, any damages, loss, costs or expenses that the Customer may incur as a result of the cancellation.  

The Company is not responsible for, and the Customer will not hold the Company liable for, any loss on refunds that the Customer may incur as result of any exchange rate fluctuations between the time of payment and the time of such refund or for any financial institution processing fees.

9. Driving Restrictions

The Customer agrees that during the Rental Term the Vehicle will only be operated by each Customer who has executed the Rental Agreement.  The Customer represents and warrants to the Company that he or she is at least twenty-three years of age (23), is authorized to drive in British Columbia, and is a capable and validly licensed driver with sufficient experience to safely and legally operate the Vehicle in any terrain over which the Customer may elect to drive it.

The Customer will ensure at all times during the Rental Term that the Vehicle will not be driven, operated or used:

a)   by anyone other than each Customer specifically named as a party to the Rental Agreement;

b)   by anyone whose driving ability is impaired in any manner whatsoever, including by alcohol, drugs or sleep deprivation (refusal to perform any test of impairment lawfully requested will, for the purposes of this Rental Agreement, be deemed to be proof of such impairment);

c)   to carry more people than the number of seatbelts provided in the Vehicle;

d)   in an abusive, reckless or wanton manner or in any manner that a reasonable person would determine to be unsafe for the conditions in which the Vehicle is being operated;

e)   in violation of any law including, but not limited to, the Motor Vehicle Act (British Columbia), the Criminal Code (Canada) and any equivalent legislation of another jurisdiction to which the Customer and Vehicle may be subject;

f)    for transporting persons for hire, for business purposes or in any manner which may be interpreted as a commercial operation;

g)   if the Customer suspects, or reasonably should suspect, that the continued use of the Vehicle would cause it damage;

h)    in violation of any terms of this Rental Agreement.

Specifically with respect to terrain, the Customer will ensure at all times during the Rental Term that the Vehicle will not be driven, operated or used:

i)   other than on paved roads or reasonably appropriate dirt, or gravel surfaces sufficient for the safe and legal passage of the Vehicle. The Company makes no representations or warranties that the Vehicle is appropriate for any particular conditions or circumstances;

j)   in any stream, creek, river, lake, ocean, sea or other body of water that is deeper than the radius of the wheel of the Vehicle; 

k) non-regularly traveled area; i.e. Vacant lot, Deserts, Open field, Islands, Beach, Private or Impassable road, Mud trail, gravel road, Construction site or non Government maintained road, Logging camps, Oil fields/Patches, Gravel pits, hiking trails, Mining camps and or the roads, trails, paths in or out of any of the above locations.

l) operation outside Canada and the United States of America is strictly prohibited. Operating in Mexico is prohibited and violates all terms of this agreement.  

m) operating in the Yukon, Alaska, or Northwest Territories unless the written consent of the Company. A travel fee may be applied and proof of itinerary. Travel restrictions are in place for these areas of travel.

THE COMPANY MAY IMMEDIATELY TERMINATE THE CUSTOMER’S RENTAL OF THE VEHICLE UNDER THIS RENTAL AGREEMENT IN THE EVENT OF A BREACH OF ANY OF THE REPRESENTATIONS, WARRANTIES OR COVENANTS OF THIS SECTION 9. IN THE EVENT OF SUCH TERMINATION, EACH CUSTOMER WILL BE JOINTLY AND SEVERALLY LIABLE TO THE COMPANY FOR ALL DAMAGES, LOSSES, PENALTIES, FINES, FORFEITURES, LIENS AND RECOVERY AND STORAGE COSTS, INCLUDING ALL RELATED ATTORNEYS' FEES, LEGAL EXPENSES, FEES AND COSTS THAT THE COMPANY MAY INCUR AS A RESULT OF ANY SUCH BREACH.

10. Equipment Use Restrictions

The Customer agrees that during the Rental Term the Equipment will only be operated by each Customer who has executed the Rental Agreement.  The Customer represents and warrants to the Company that he or she is at least eighteen years of age (18), and has sufficient knowledge, training and experience to safely and legally operate the Equipment.  The Customer covenants to inspect and examine the Equipment prior to use and use his or her own knowledge, training and experience to determine that the Equipment may be safely used for its intended purpose before using it or letting any other person use the Equipment.

The Customer will ensure at all times during the Rental Term that the Equipment will not be operated or used:

a)       by anyone other than each Customer specifically named as a party to the Rental Agreement;

b)       in any manner or for any purposes other than in accordance with the Manufacturer’s instructions and the intended uses the Equipment was designed for;

c)       in an abusive, reckless or wanton manner or in any manner that a reasonable person would determine to be unsafe for the intended use of the Equipment;

d)       if the Equipment is damaged or defective;

e)       in violation of any law including, but not limited to, the Criminal Code (Canada) and any equivalent legislation of another jurisdiction to which the Customer and Equipment may be subject;

f)   for business purposes or in any manner which may be interpreted as a commercial operation; or

g)       in violation of any terms of this Rental Agreement.

THE COMPANY MAY IMMEDIATELY TERMINATE THE CUSTOMER’S RENTAL OF THE EQUIPMENT UNDER THIS RENTAL AGREEMENT IN THE EVENT OF A BREACH OF ANY OF THE REPRESENTATIONS, WARRANTIES OR COVENANTS OF THIS SECTION 10. IN THE EVENT OF SUCH TERMINATION, EACH CUSTOMER WILL BE JOINTLY AND SEVERALLY LIABLE TO THE COMPANY FOR ALL DAMAGES, LOSSES, PENALTIES, FINES, FORFEITURES, LIENS AND RECOVERY AND STORAGE COSTS, INCLUDING ALL RELATED ATTORNEYS' FEES, LEGAL EXPENSES, FEES AND COSTS THAT THE COMPANY MAY INCUR AS A RESULT OF ANY SUCH BREACH.

11. Damage & Damage Deposit

EACH CUSTOMER WILL BE JOINTLY AND SEVERALLY LIABLE FOR AND WILL FULLY INDEMNIFY THE COMPANY AND PAY FOR ALL COSTS, EXPENSES, LIABILITIES OR LOST PROFITS ARISING OUT OF, IN CONNECTION WITH, OR AS A RESULT OF, ANY  LOSS OF OR DAMAGE TO THE VEHICLE OR EQUIPMENT DURING THE RENTAL PERIOD, REGARDLESS OF CAUSE AND HOWEVER INCURRED. Such loss or damage may include, but is not limited to:

a)   damage to the glass, tires, bumpers, roof or roof-top tent, doors, undercarriage, accessories or interior of the Vehicle;

b)   theft, break-in or loss of the Vehicle or vandalism thereto as a result of the negligence of the Customer;

c)   loss of any equipment, accessories, documents or other property of the Company that was provided with the Vehicle;

d)   loss of use of the Vehicle by the Company; or

e)       damage, destruction or loss of use of the Equipment by the Company, but shall not include any prior existing damage that is expressly noted on the Inspection Report.

The Customer will maintain the Vehicle and Equipment during the Rental Term. Notwithstanding the foregoing, the Customer acknowledges that other than in respect to matters of minor or routine maintenance that a reasonable person may be expected to perform, it is not authorized to repair or have the Vehicle or Equipment repaired without the express prior consent of the Company. If the Customer repairs or has the Vehicle or Equipment repaired without the consent of the Company, the Customer will be liable to the Company for the estimated cost to restore the Vehicle and the Equipment to the condition it was in prior to the rental.

At Pick-Up the Customer will provide the Company with a credit card against which the Company will charge a damage deposit (the “Damage Deposit”). Damage Deposits for Vehicles will be in the amount of $500.00 to $1,500.00. Damage Deposits for Equipment will be specified in the Rental Agreement.  If not specified, the Damage Deposit for Equipment will be the replacement cost of the Equipment.  The pre-authorized Damage Deposit will last for 30-days at which point it will be cleared and returned to the Customer, less any deductions which will be charged to the Customer’s credit card for all losses, damages, costs, expenses, fees or additional charges for which the Customer is liable under this Rental Agreement.  The Company reserves the right to reprocess the Customer’s credit card for the purposes of extending the Damage Deposit for any Rental Term that is in excess of 30-days.

In the event that the Vehicle or Equipment is damaged in any manner during the Rental Term the Company may, in its sole discretion: (i) make a claim against the insurance policies of the Company, in which case the Customer will be liable for the payment of any and all costs and expenses incurred by the Company but not covered by the Company’s insurance carrier (including but not limited to the full amount of any insurance deductibles); or (ii) charge the full amount required to repair or replace the damage, together with all other costs, loss or expenses that the Company may incur as a result of such damage, to the Customer which shall immediately become due and payable by the Customer on the Company’s demand.

The Customer hereby authorizes the Company to first deduct from the Damage Deposit any amounts owing under this Section 10 by charging the credit card provided by the Customer and thereafter to take all steps or actions and pursue all claims and remedies against the Customer or its insurance carrier, if applicable, as may be legally available to the Company to recover any excess amounts owing by the Customer hereunder.

The Customer will promptly report any damage to or loss of the Vehicle or Equipment to the Company when it occurs, and in any event no later than 24 hours after the occurrence of such damage or loss, and will assist and cooperate with the Company in any resulting investigation, including any police investigation and handling of such accident or claim of liability against the Customer or the Company arising out of any such accident or situation of theft, loss, vandalism or other event causing loss or damage.

12. ROADSIDE ASSISTANCE

Northirn Overland offers roadside assistance enrolment to Renters, which is provided by a third-party service provider (“Roadside Assistance”). Renters may choose to enroll in Northirn Overland’s Roadside Assistance program at the time of booking by agreeing to the applicable terms and conditions and paying the applicable fee. If a Renter does not enroll in Roadside Assistance at the time of booking, the Renter shall be liable for any and all costs arising from a roadside event.

ALL service and assistance requests MUST be made through our team of dedicated Service Providers to be covered otherwise YOU WILL BE RESPONSIBLE FOR ALL COSTS if you are not willing to cover the cost yourself contact us BEFORE you order any goods or services.

Available Service Offerings:

1. Towing Services are available ONLY from a municipal, provincial, state or, federally maintained roadway.
Towing assistance will not be provided for vehicles disabled or stuck in a non-regularly traveled area; i.e. Vacant lot, Deserts, Open field, Islands, Beach, Private or Impassable road, Mud trail, gravel road, Construction site or non Government maintained road,  Logging camps, Oil fields/Patches, Gravel pits, hiking trails, Mining camps and or the roads, trails, paths in or out of any of the above locations.

In Canada or USA our roadside Service Provider, will allow for 2 tows up to 200km per tow from place of breakdown to closest repair facility capable of providing the required service.

A “repair facility” is defined as a garage equipped and staffed to provide general vehicle repair. If specialty repairs are required, Northirn Overland cannot guarantee they will be available at any specific repair facility. 

Note that coverage does not include costs associated with accident clean up, waiting time and/or vehicle storage fees.

Northirn Overland accepts no liability for the acts of any Service Provider in providing towing assistance. This service is not meant to replace the service of a qualified mechanic, nor does it include the delivery or installation of any new parts.

2. Tire Repair
For the repair of the tire, Northirn Overland will cover the cost of the labor/installation. All additional costs regarding damaged tires are the responsibility of the Renter.

3. Battery assistance
Our Service Provider will dispatch someone to diagnose, troubleshoot or boost the battery that starts your vehicle.  The Service Provider will attempt to restart your vehicle by boosting the vehicle battery. If the vehicle will not start, a tow may be provided.  If more than 2 boosts are provided, the unit will need to be towed to a repair facility.

Roadside assistance is dispatched to offer battery boost to either the towing vehicle or the rented vehicle only.  The service is NOT available for accessory battery issues.

4. Lock outs
Assistance will be provided for those getting locked out of the unit however, a replacement lock is generally not installed during a rental period.

Our Service Provider will attempt to open your vehicle using standard, non-locksmith lock-out servicing equipment. Renters are solely responsible for any damage resulting from such an entry attempt.

5. Fuel Delivery (up to $25)
Our Service Provider will deliver in an emergency up to $25 worth of fuel to a Renter.

For safety reasons, we are unable to arrange to deliver propane.

6. Vehicle and Key Responsibility
In the event that roadside dispatches support/ towing for the vehicle, it is the Renter’s responsibility to be present upon arrival. If they are not present a charge of $125 will be applied for additional work that is involved.

7. Windshield Repair 

If the windshield is damaged where a professional repair facility has deemed the issue to be repairable, there will be no cost to the renter. 

To be deemed repairable, there must be less than 3 damaged areas, not within the driver's view, not cracked, and approved by a repair facility. 

8. Windshield Replace

If the windshield is damaged where a professional repair facility has deemed the issue to be unrepairable, the replacement cost is the responsibility of the renter based on the selected Roadside Assistance Program.

NOTES:

Northirn Overland will only dispatch roadside service within 280 km / 180 miles from the closest towing or repair facility. The Renter is responsible for transporting the unit to a safe and maintained roadway where support can be provided.

Northirn Overland accepts no liability for the acts of any Service Provider in providing assistance. This service is not meant to replace the service of a qualified mechanic, nor does it include the delivery or installation of any new parts.

When severe weather conditions prevail, service may be delayed because of heavy demand for roadside assistance. Under these conditions, towing service may be limited to the nearest repair facility at the discretion of Northirn Overland or our Service Provider. 

No services will be provided to vehicles that require assistance in logging camps, oil fields/ patches, gravel pits, beaches, deserts, islands, hiking trails, mining camps and or the roads, trails, paths in or out.

Renter is responsible for removing the vehicle from the roadway and transporting the vehicle to the nearest repair facility regardless of any insurance or roadside assistance program access.

Northirn Overland is not responsible for transportation assistance due to an inoperable vehicle. This includes transportation to and from the service facility. 

Northirn Overland is not responsible for hotel accommodation and/or replacement vehicle rental in the event the vehicle is inoperable.

13. Repossession

The Company may, in its sole discretion and without notification to the Customer, repossess the Vehicle or Equipment at any time for reasons that include, but are not limited to, the termination of this Rental Agreement by the Company or the apparent abandonment of the Vehicle or Equipment. If the Company elects to exercise its right of repossession, the Company may take any actions reasonably necessary to obtain possession of the Vehicle, including remotely disabling the engine, remotely locking the doors and tracking the location of the Vehicle through GPS tracking systems or other similar devices, if any, that may be equipped or connected to the Vehicle.

If the Vehicle or Equipment is repossessed, the Customer agrees to reimburse the Company for all actual and reasonable costs incurred by the Company in connection therewith. The Customer agrees that such costs may, at the election of the Company, be deducted from the Damage Deposit by charging the credit card provided by the Customer to rent the Vehicle or Equipment and the Customer will pay any amounts in excess of the Damage Deposit to the Company on its demand.

14. Vehicle Security

During the Rental Term, the Customer will keep the Vehicle and all keys (or key fobs) provided by the Company thereto in its possession and will not, unless otherwise required by law, allow any third party to take custody of the Vehicle. When not in use, the Customer will lock and secure the Vehicle, its contents, and any external accessories and remove the keys (or key fobs) therefrom.  Any loss of the keys (or key fobs) provided by the Company to the Customer will result in an additional charge to the Customer of $300.00 per lost set which the Company may deduct from the Damage Deposit by charging the credit card provided by the Customer.

The Company is not responsible for, and the Customer will not hold the Company liable for, any loss of, theft, or damage to any property of the Customer or third parties that may be left in, upon or carried within the Vehicle. The Customer will be responsible to the Company for claims by any third parties for loss or damage caused by the Customer’s property.

15. Fines, Citations and Tolls

The Customer will pay or reimburse the Company for all fines, citations, penalties, tolls, violations or infractions, whether traffic, parking or otherwise, and any other fees or levies similar thereto, together with any towing expenses, storage liens or charges incurred as a result of the rental of the Vehicle under this Rental Agreement. The Company may, in its sole discretion, pay all tickets, citations, fines, penalties, tolls, levies and interest on the Customer’s behalf directly to the appropriate authority, in which case the Customer will thereafter reimburse the Company for all amounts paid to such authority, or their designated agents, together with an administrative fee of $50.00 and any legal fees and expenses that the Company may have incurred in connection therewith. The Customer hereby authorizes the Company to deduct the amount of any such fines, penalties, interest, and court costs for parking, traffic, toll and other violations from the Damage Deposit by charging such amounts to the credit card provided by the Customer and will pay any amounts in excess of the Damage Deposit to the Company on its demand.

The Customer agrees and acknowledge that the Company will, to the fullest extent required, cooperate with all federal, provincial, municipal and local officials charged with enforcing infractions and will provide to such authorities any information relating to the Customer, the Vehicle or this Rental Agreement as may reasonably be requested, subject to applicable laws.

16. Waiver of Liability

The Customer acknowledges that, in connection with the rental of the Vehicle or Equipment, he or she is voluntarily participating in an outdoor activity that involves extreme risks, dangers and hazards for which severe bodily injury, illness or death may result. The Customer acknowledges that even though the Vehicle and Equipment may have safety and protection features or purposes, injury, illness, death or property damage may still occur despite the correct and intended use of Vehicle or Equipment.

The Customer represents and warrants to the Company that they have the sufficient skill, knowledge and training to participate in such outdoor activity in a safe and legal manner and that, in this regard, the Customer is solely relying on their own experience and expertise and not that of the Company, including, but not limited to the inspection, condition, or suitability of the Vehicle or Equipment for any particular use. The Customer hereby assumes all risks and does hereby release the Company, its subsidiaries, parent companies and affiliates, and each of their respective current, former or future directors, officers, employees, contractors, agents, representatives, instructors, shareholders, successors and assigns from any and all liability, claims and causes of action arising from, as a result of, or in connection with the use and operation of the Vehicle or the Equipment due to any cause whatsoever, including without limitation, negligence (including negligence of the Company or any other Releasee or user of the Vehicle or Equipment), the failure of the Vehicle or Equipment, the insufficiency of the Vehicle or  Equipment for any particular use or circumstance, breach of contract, or breach of any statutory or other duty of care owing under occupiers liability legislation or otherwise.

IT IS A CONDITION PRECEDENT TO THIS RENTAL AGREEMENT, FOR THE COMPANY’S SOLE BENEFIT, THAT, PRIOR TO PICK-UP, THAT THE CUSTOMER EXECUTE AND DELIVER TO THE COMPANY A FULL WAIVER AND RELEASE OF LIABILITY IN SUCH FORM AS THE COMPANY MAY DEEM ACCEPTABLE.

17. Indemnification

The Customer shall defend, indemnify, and hold the Company and its directors, officers, employees or consultants harmless from all losses, liabilities, damages, injuries, claims, demands, awards, costs, attorney fees, and other expenses incurred by the Company or its directors, officers, employees or consultants in any manner from this Rental Agreement or from the use of the Vehicle or Equipment by the Customer or any other person, including claims of, or liabilities to, third parties. The Customer may present a claim to its third party insurance carrier, if any, for such events or losses; but in any event, the Customer shall have final responsibility to the Company for all such losses.

THE CUSTOMER HEREBY WAIVES ANY CLAIM AGAINST THE COMPANY FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE RENTAL OF THE VEHICLE, EQUIPMENT OR OTHERWISE UNDER THIS RENTAL AGREEMENT.

18. GPS Tracking Device

The Customer acknowledges that the Vehicle may be equipped or connected with a GPS tracking device and/or other similar communication services devices. The Customer hereby authorizes the Company to use any such device for which the Vehicle may be equipped or connected: (i) to track or locate any Vehicle which may be late for Drop-Off, reported stolen, suspected of being lost, stolen, abandoned or requiring roadside assistance; (ii) as required or requested by law enforcement; (iii) if the Company has a good faith belief that there is an emergency that poses a threat to the safety of the Customer or another person; or (iv) as necessary to defend, protect or enforce the Company’s rights in connection with this Rental Agreement. The Customer hereby waives, to the greatest extent permitted by law, any rights of privacy or confidentiality as to the places where the Vehicle may be driven while rented to the Customer.

19. Smoking

The Customer agrees that smoking, including the use of cigarettes, cigars, pipes, e-cigarettes, vaping or cannabis products, is strictly prohibited within the Vehicle or Equipment. The Customer will pay an additional cleaning fee of $500.00 to the Company, which the Company may deduct from the Damage Deposit by charging the credit card provided by the Customer, if the Vehicle or Equipment is returned and it smells of or is soiled from smoke or vapor.

20. Animals

Subject to the prior approval of the Company, the Customer may allow pets within the Vehicle and roof-top tents. The Company may, in its sole discretion, charge to the Customer a $100.00 pet cleaning fee, in addition to any other cleaning fees that the Customer may be required to pay under this Rental Agreement, in the event of any excess soiling of the Vehicle that the Company may determine, in its sole discretion, has been caused by an approved pet. The Company may deduct any such pet cleaning fee from the Damage Deposit by charging the credit card provided by the Customer.

21. Privacy Policy

The Company will retain all personal information provided by the Customer in accordance with the terms of its privacy policy.

22. Assignment

The Company may assign any of its rights under this Rental Agreement, in whole or in part, to any other person.  The Customer may not transfer or assign any of its rights or obligations under this Rental Agreement to any other person without the prior written consent of the Company.

23. No Waiver

Any failure or delay by the Company in exercising its rights under this Rental Agreement will not operate as a waiver of that right. A single or partial waiver of any right by the Company will not preclude the Company from any other or further exercise of that right or the exercise of any other right available to it under this Rental Agreement. No waiver by the Company of any breach of any provision of this Rental Agreement will be effective or binding unless made in writing and, unless otherwise provided in such written waiver, will be limited to the specific breach so waived.

24. Severability

Each of the provisions contained in this Rental Agreement is distinct and severable and a declaration of invalidity or unenforceability of any such provision or part thereof by a court of competent jurisdiction shall not affect the validity or enforceability of any other provision hereof. To the extent permitted by applicable law, the parties waive any provision of law which renders any provision of this Rental Agreement invalid or unenforceable in any respect.

25. Remedies

The rights, remedies, powers and privileges herein provided to the Company are cumulative and in addition to and not exclusive of or in substitution for any rights, remedies, powers and privileges as may otherwise be available to the Company by law.

26. Successors

This Rental Agreement shall enure to the benefit of the Company and be binding upon the Customer and its respective heirs, legal representatives, successors, and permitted assigns.

27. Governing Law

This Rental Agreement is governed by, and is to be interpreted and enforced in accordance with, the laws of the Province of British Columbia and the federal laws of Canada applicable therein and shall in all respects be governed, construed, applied and enforced in accordance with said laws, without reference to applicable conflict of laws rules or principles.

28. Alteration and Amendment

The Company may, in its sole discretion, amend, alter, modify, change or review these Terms and Conditions from time to time.  Changes to these Terms and Conditions will be posted as they occur on the Company web site at www.northirn.com and will govern all rentals commencing after the date of posting, which will be referenced therein, without any further notice to the Customer even if the terms provided at the time of reserving the Vehicle are different.