Motorhome Rental Turns Into Cruise from Hell

In June 1995, I rented a motorhome from a well-established RV rental agency.
It was to be the trip of a lifetime for myself, a friend, my kids,
and my grandma. We left from California and ended our trip in Virginia.
The intervening three weeks was hell on earth.
When we left on our trip my grandma was 89 years old and
healthy. Her doctor had consented to the trip after verifying that the
amenities in our motor home would provide her with a safe and healthy journey.
We arrived to pick up our 30-foot motor home and were
given a ten-minute tour and minimal operating instructions. We were not
given the trouble-shooting guide as indicated by our contract. We were
not told that we needed special paper and chemicals for the toilet. We
were not told that we needed levelers and stairs. We were not told that
the sewage tank had not been emptied after the last rental.
Our first day on the road, sewage overflowed from the
toilet; this was after only one person used it. We cleaned up the mess
and noticed that the tank indicated it was ¾ full. Because there
was no stair or step, my poor grandma had to be lifted in and out of the
motorhome several times during the day and night to use the outside facilities.
The next day we pulled into a park to dump the tank and
my son was sprayed with sewage because the tank hose had holes in it. The
refrigerator quit working and spoiled over $200 of food that we had bought
especially for the trip because of our dietary requirements.
For the next 16 days we experienced nothing but plumbing
problems, an inoperative generator, refrigerator, and stove. My grandma
became very ill due to the terrible smell from the sewage problem which
persisted in spite of much cleaning.
We made an appointment at a repair center nine hours away to have
some of these problems corrected. We called the dealer at the drop
off point to request extra days at no charge on our rental to get
the repairs done. They said that we would have to get approval from
the rental agency. We tried calling the agency all afternoon without
success. We called the dealer back and they told us that if we didn't
have it back in four days that they would report it stolen and have
us arrested.
The trip was so traumatizing to grandma that she had to
be hospitalized the day after we reached the East Coast. She never regained
her health and died a year later.
We initiated a lawsuit against the agency for liability and negligence.
We ended up in a binding arbitration hearing. Even though our case
was well documented, we lost. Why? We had not read the rental contract
thoroughly enough. In fine print it stated that the agency has no
responsibility for anything concerning their vehicle. It also states
that the agency cannot be held negligent or liable. In effect, we
paid $3300 for a key and a shell.
When you sign a contract with the agency, you agree to have no rights
of redress of any nature. Signing the contract means you agree that
you will not claim injury or negligence. How can this be legal? You
also agree to submit to binding arbitration if a dispute arises. Did
you know that this process can easily cost $10,000 or more for a three-day
hearing and that the full amount must be paid prior to attending a
hearing?
This is a warning to consumers. Please take your contract from any
RV agency to an attorney prior to signing it. This particular agency
makes you pay them in advance with cash or a credit card and yet all
you seem to end up with is a key and a lot of potential liability.
Cheri Smith, California

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