Guest Refund Policy

Last Revised: Jan 2019

These terms and conditions regulate the Wheel Estate Guest Refund Policy (the “Guest Refund Policy”) available to Guests who book and pay for a Trailer listed by an Owner through the Wheel Estate platform (the "Site") and suffer a Trailer Issue and the obligations of the Owner associated with the Guest Refund Policy.

Trailer Issue

A “Trailer Issue” means any one of the following:

(a) the Owner of the Trailer: (i) cancels a Confirmed Booking shortly before the Time of the Rental, or (ii) fails to provide the Guest with the reasonable ability to access the Trailer (e.g., by not showing up at Scheduled Start Time, failure to meet onsite at RV resort or campsite, or failure to deliver said trailer, on time or at all).

(b) the description of the Trailer in the Listing on the Site is materially inaccurate with respect to:

(i) the size of the Trailer (e.g., number and size of the bedrooms), bathroom(s) and/or kitchen or other rooms/sleeping seating capacity),
(ii) whether the Rental for the Trailer is for a RV resort/campsite or for tow or delivery by Owner of Trailer, and whether another party, including the Owner, is Booked to stay in the Trailer during the reservation period (double booked),
(iii) special amenities or features represented in the Trailer Listing description are not provided or do not function, such as slide-outs, bathrooms (toilet/shower/bathtub), kitchen (sink/stove/refrigerator or major other appliances), and electrical, heating or air condition systems, or
(iv) the physical location of the Trailer (proximity).

(c) at the start of the Guest’s Rental, the Trailer: (i) is not generally clean and sanitary (ii) contains safety or health hazards that would be reasonably expected to adversely affect the Guest’s stay in the Trailer in Wheel Estate judgment, (iii) if provided by Owner, does not contain clean bedding and bathroom towels available for the Guest’s use, or (iv) has vermin or contains pets not disclosed on the Listing.

The Guest Refund Policy

If a Guest suffers a Trailer Issue, Wheel Estate agrees, at our discretion, to either (i) reimburse the Guest up to the Total Fees paid by the Guest through the Site, as determined by Wheel Estate in our discretion, depending on the nature of the Trailer Issue suffered or (ii) at the election of the Guest, use our reasonable efforts to find and book the Guest another Trailer for any unused nights left in the Guest’s reservation which in our determination is reasonably comparable to the Trailer described in the Guest’s original reservation in terms of size, sleeping capacity, features and quality. All determinations of Wheel Estate with respect to the Guest Refund Policy, including without limitation the size of any refund, shall be final and binding on the Guests and Owners.

Conditions to Claim a Trailer Issue

Only a Guest may submit a Claim for a Trailer Issue. In order to submit a valid Claim for a Travel Issue and receive the benefits with respect to the Guest’s Rental, the Guest is required to meet each of the following conditions:
(a) the Guest must bring the Trailer Issue to Wheel Estates attention in writing at support@wheelestate.ca or via telephone and provide Wheel Estate with information (including photographs or other evidence) about the Trailer Issue and the circumstances, within 48 hours after the start of the Guest’s Rental period, and must respond to any requests by Wheel Estate for additional information or cooperation on the Trailer Issue.
(b) the Guest must not have directly or indirectly caused the Trailer Issue through the Guest’s or the Guest’s Company’s action, omission or negligence.
(c) the Guest must have used reasonable efforts to try to remedy the circumstances of the Trailer Issue with the Owner prior to making a Claim for a Trailer Issue.

Minimum Quality Standards, Owner Responsibilities and Reimbursement to Guest

Owners are individually responsible for ensuring that the Trailer Listing on the Site meets minimum quality standards regarding access, adequacy of the description on the Site, safety, cleanliness, and do not present a Guest with any Trailer Issues. During the 48-hour period following the Guest’s Scheduled Start Time of the Rental, Owners should be available, or make a third-party available, in order to try, in good faith, to resolve Guest issues.
If you are an Owner, and if (i) Wheel Estate determines that a Guest has suffered a Trailer Issue related to a Trailer Listing by the Owner and/or the trailer is found to have drectly caused damage to guests proprty (ii) Wheel Estate either reimburses that Guest any amount up to the amount paid by the Guest through the Site for the Trailer or provides an alternative Trailer to the Guest, you agree to reimburse Wheel Estate up to the amount paid by Wheel Estate within 30 days of Wheel Estate request. All determinations of Wheel Estate with respect to the Guest Refund Policy, including without limitation the size of any refund to the Guest, shall be final and binding on the Guests and Owners. You also agree that in order for you to reimburse Wheel Estate up to the amount paid by Wheel Estate, Wheel Estate may off-set or reduce any amounts owed by Wheel Estate to the Owner by this amount. If the guest is made aware of a trailer issue and still takes possession of the trailer, the guest may not be entitled to a refund. If the Guest remains for part or all of the stay despite the Trailer Issue, the Guest may receive a refund that will reduce the amount of the Trailer ultimately paid to the Owner. If the Guest is relocated to an alternative Trailer, the Owner may lose part or all of the Trailer Fee payment for the Booking and the Owner may be responsible for reasonable additional costs incurred to relocate the Guest to the alternative Trailer. (iii) As an Owner, if it is found that you have caused the Travel Issue, you may also be held responsible to reimburse the Guest for costs incurred for booking a campsite(s) for the time the Guest had your Trailer reserved.

The rights of the Guests under the Guest Refund Policy supersede the Cancellation Policy established by an Owner. If you dispute the Trailer Issue you may notify us in writing at support@wheelestate.ca or via telephone and provide us with information (including photographs or other evidence) disputing the Claim relating to the Trailer Issue, provided you have used reasonable and good faith efforts to try to remedy the Trailer Issue with the Guest prior to disputing the Trailer Issue claim with Wheel Estate. You agree that all determinations of Wheel Estate with respect to the Travel Issue shall be final and binding on the Guests and Owners regardless of your submission of a dispute against such Trailer Issue. In the event of one or more Trailer Issues, Wheel Estate, in its discretion, may elect to take additional actions. These actions include, but are not limited to, negatively affecting your Listing ranking, automated reviews indicating Trailer Issues, cancelling future bookings, suspending or removing the Listing of the Trailer or imposing penalties or fees for the administrative burden associated with the Trailer Issues pursuant to the Fees and Fines Policy.

General Provisions

(a) No Assignment/No Insurance. This Guest Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Guest, and the Guest has not paid any premium in respect of the Guest Refund Policy. The benefits provided under this Guest Refund Policy are not assignable or transferable by you.
(b) Modification or Termination. Wheel Estate reserves the right to modify or terminate this Guest Refund Policy, at any time, in its sole discretion, and without prior notice. If Wheel Estate modifies this Guest Refund Policy, we will post the modification on the Site or provide you with notice of the modification and Wheel Estate will continue to process all claims for Trailer Issues made prior to the effective date of the modification.
(c) Entire Agreement and Definitions. This Guest Refund Policy, together with the Terms of Service and Other Policies, constitutes the entire and exclusive understanding and agreement between Wheel Estate and you regarding the Guest Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Wheel Estate and you regarding the Guest Refund Policy.

(d) Limitation of Liability. IN NO EVENT WILL WHEEL ESTATE AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS WHEEL ESTATE GUEST REFUND POLICY, EXCEED THE AMOUNT OF THE TOTAL FEES COLLECTED BY WHEEL ESTATE FROM THE GUEST. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING A LISTING OR BOOKING A TRAILER OR OTHERWISE USING THE SITE, SERVICES AS AN OWNER OR GUEST, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE POLICY TERMS.

Governing Law and Forum for Disputes

This Guest Refund Policy shall be construed, interpreted and enforced in accordance with, and shall be governed by, the laws of the Province of Alberta.

Any matters relating to Insurance pursuant to the Insurance Policy shall be construed, interpreted and enforced in accordance with, and shall be governed by the laws of the Province Alberta.

All disputes arising out of this Guest Refund Policy shall be referred to binding arbitration in the Province of Alberta as outlined in the “Dispute Resolution” section of the Terms of Service.

Contacting Wheel Estate

If you have any questions about the Guest Refund Policy, please contact Wheel Estate at support@wheelestate.ca