Terms of Service

Last updated: 06/06/2024.

Please read the terms of service ("Agreement") carefully and completely before using any services provided by BigLoads.

By using the services on this platform and booking or reserving a trailer rental or listing a trailer for rent, You agree and accept all terms and conditions. If You do not agree to accept all terms and conditions, You are not authorized to use the services or platform.  The Company reserves the right to suspend or permanently block any User who chooses to violate these terms and conditions.  The Company reserves the right to change or modify these terms and conditions at any time and without notice.
 

Interpretation and Definitions

INTERPRETATION

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

DEFINITIONS

For the purposes of these Terms and Conditions:

“Affiliate” means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

“Country” refers to: United States

“Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

“Device” means any device that can access the Service such as a computer, a cellphone or a digital tablet.

“Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

“Booking” or “Reservation” means a request by You to rent a trailer through the platform.

“Promotions” refer to contests, sweepstakes or other promotions offered through the Service.

“Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

“You” means the individual accessing or using the Service or Platform, or a business, or other legal entity on behalf of which such individual is accessing or using the Service or Platform, as applicable.

"Company" or "the Company" or "We", or "Us" or "Our" refers to BigLoads.

"Services" or "Platform" or “Website” means software and applications offered by the Company accessible from URL: https://BigLoads.com.

“Terms” or “Terms of Service” or “Terms of Use” or "Policy" or “Agreement” means written guidelines that outline the practices and procedures that form the entire agreement between You and the Company regarding the use of services.

"Renter" or "Trailer Renter" means any person or company who requests a reservation or booking to rent a trailer on the Company platform.

"Owner" or "Trailer Owner" means any person or company who lists a trailer they own for rent on the Company platform.

"Trailer" means any towable vehicle with wheels with the intended use of carrying a load that can be towed behind/connected to an adequate vehicle equipped to tow.

“Tow” or “Operate” means any trailer pulled behind any vehicle or to utilize, use, load, unload, tamper with or otherwise in any capacity.

“Hitch Type” or "Bumper Pull Hitch" or “Gooseneck Hitch” or “Fifth Wheel Hitch” or "Tow Hitch" or “Hitch” means a device (hitch) that is attached to the chassis of a vehicle used to pull a trailer.

"Tow Vehicle" means any vehicle that has adequate load ratings and tow equipment, such as, hitch, ball, light plug socket, brake controller, and safety chain hooks to tow a bumper pull, fifth wheel or gooseneck trailer.

"Light Plug Configuration" means the style of plug wired from the trailer and requires the same style plug socket on the tow vehicle.

"7 Pin Plug" or "7 Pin" or "7 Blade" or "7 Way" or "7 Pole" or "RV Plug" means a round plug wired from the trailer and requires a round plug socket on the tow vehicle. 

"4 Pin Plug" or "4 Pin" or "4 Pole" or "4 Pine Flat" or "4 Pole Flat" or "4 Flat" means a flat plug wired from the trailer and requires a flat plug socket on the tow vehicle. 

"Weight Capacity" means the maximum amount of weight that can be loaded on a trailer.   

"GVWR" or "Gross Vehicle Weight Rating" means the maximum capable loaded weight including the weight of the trailer and the load.

"Trailer Length" means the usable space of a trailer and does not include the tongue.

"Trailer Dimensions" means the width and length of the trailer as specified by the manufacture and may not be defined as exact measurements.

"Ball Size" means the size of the ball required on the hitch of the tow vehicle to pull a trailer.

"Listing" means any page on the Company platform which displays a trailer for rent.

“Rental” or “Rented” means the processing of a paid transaction on the Company platform for temporary use of the Owner’s non-motorized trailer, accessory, or any add-on item for a specific period. 

"Rental Period" means the amount of time in which a trailer is booked for rental from the Company platform.

"Rental by Day" or "Daily Rental" means a 24-hour rental period. 

"Rental by Week" or "Weekly Rental" means a 7-day rental period.

"Rental by Month" or "Monthly Rental" means a 30-day rental period.

“User Account” or “Account” or "User" means a unique account created for You to access our Service or parts of our Service.

"Rent Amount" means the base rate of the rental rate by day, week or month.

“Deposit Deduction Claim” means any claim filed with the Company to withhold part or all the deposit for damages, loss, or late return during the rental period.

ACKNOWLEDGMENT

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, Owners, Renters and others who access or use the Service.

By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit any use of the service for those under the age of 18.

The Company is a facilitator of Services and not a party to any booking or rental.  The Company is not a broker, agent, or partner to any User of the Services.  The Company has no actual control over the conduct of any User.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

USER ACCOUNTS

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username, the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

All user accounts must contain the user's legal first name in the “First Name” field and the user's legal last name in the “Last Name” field.  Only the first name and first letter of the last name will be publicly visible.  All user's must provide and maintain a current working phone number and email address in Your profile.  This information will not be publicly visible.  Contact information, full personal names and company names are prohibited from being listed in the profile bio.

Each User may only create one (1) Owner account and one (1) Renter account. 

PLACING BOOKINGS FOR TRAILERS

By placing a booking to rent a trailer through the Service, You warrant that You are legally capable of entering into binding contracts.  You agree to pay all fees shown on the booking checkout page.  When you place a booking on the platform, you agree to be bound by these terms, including the Cancellation Policy, and the terms set by the Trailer Owner on the listing page.  When a booking is accepted, a contract (“Booking”) is formed between the Trailer Renter and Trailer Owner.  The Company is not a party to the booking.  The Company is only facilitating the Services. 

YOUR INFORMATION

If You wish to place a booking to rent a trailer available on the Service, You will be asked to supply certain information relevant to Your Booking including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and a picture of Your driver license.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) in connection with any Booking; and that (ii) the information You supply to Us is true, correct and complete.

By submitting such information, You grant Us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Reservation.

MINIMUM REQUIREMENTS TO RENT A TRAILER

For the safety of all users on the platform, Renters must meet these minimum requirements:

• Be a minimum of 25 years of age.
• Possess a valid driver’s license to operate a motor vehicle in the United States.
• Create an account with complete and accurate information on the platform.
• Verify phone or email using a one-time password.
• Complete ID verification.
• Pay using a valid credit card in the Renter's name.
• Agree to all Terms of Service, including the Cancellation Policy

To process a booking, all Renters must complete ID verification.  A digital copy of the Renter's license will be visible to the trailer Owner upon accepting the booking for security reasons.  The Renter may be required to produce a valid driver license at the time of receiving the trailer for additional identity verification.

BOOKING CANCELLATIONS

We reserve the right to refuse or cancel Your Booking at any time for certain reasons including but not limited to:

• Trailer availability
• Errors in the description or prices for Trailers
• Errors in Your Booking
• Errors in Your profile
• Minimum requirements to rent a trailer not met
• Any violation of the Company policy

We reserve the right to refuse or cancel Your Booking if fraud or an unauthorized or illegal transaction is suspected.

YOUR BOOKING CANCELLATION RIGHTS

Any Trailer You rent can only be cancelled and refunded in accordance with these Terms and Conditions of Our Cancellation Policy.

CANCELLATIONS POLICY 

• Cancel at least 72 hours prior to the start of your rental and receive a 75% refund.
• Cancel 48 - 72 hours prior to the start of your rental and receive a 50% refund.
• Cancel 24 - 48 hours prior to the start of your rental and receive a 25% refund.
• No refund for cancellations within 24 hours of the start of your rental.
• No refund for same day bookings.
• Platform fees are non-refundable after the booking is accepted.
• A no-show is the same as a cancellation without notice.

Our Cancellation and Refund Policy forms a part of these Terms and Conditions. Please read our Cancellation and Refund Policy to learn more about your right to cancel Your Booking.

If part or all of the payment is refundable, we will reimburse You no later than 10 days from the day on which a refund is granted.  We will use the same means of payment as You used for placing the Booking. 

AVAILABILITY, ERRORS, AND INACCURACIES

We are constantly updating Our offerings of trailers on the Service. The Trailers available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding the trailers on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

RATE POLICY

The Company reserves the right to allow Trailer Owners to revise the trailer rental rates, fees, and deposit amount at any time and without prior notice.  As an Owner, you are prohibited from any rate increase after a booking has been placed for the purpose of increasing your profit margin. 

The rental rates quoted may be revised by the Trailer Owner subsequent to a Booking in the event of any occurrence affecting a change in the rental period, delivery distance, change of delivery location, change request of a different trailer, change or addition of add-ons.

The rental rate displayed as “Per Day, Per Week, Per Month” on every listing page is a base rate and is not inclusive of all fees.  By selecting the “Rent” button, a breakdown of all fees will be displayed prior to entering information to request a booking.

PAYMENTS

All Rentals are subject to a rental fee, booking fee, deposit processing fee, insurance fee, tax, and other fees for optional add-ons. 

When You create a booking, Your credit card will be authorized, but the charge will not be captured until or unless the booking is accepted. 

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If the Company does not receive the required authorization, the Company will not be liable for any delay with Your Booking.

The Company accepts all major credit cards, Apple Pay, and Google Pay as payment and no other form of payment will be accepted.  The Company uses Stripe, a third-party payment processor. By using the Services offered by the Company, You understand and agree the Company is not responsible or liable for terms and conditions, limitations set by, or monetary action taken by Stripe. This includes, but is not limited to refunds, service fees, fraudulent charges or any other fees imposed by Stripe.   By using the Company Services, You agree to the Stripe’s terms and conditions.

CHARGEBACKS

A chargeback occurs when the Renter disputes a charge on Your credit card. In the event a chargeback is initiated, the Company will review to determine if the chargeback was warranted. If not, the Company will dispute the chargeback on behalf of the Company and the Trailer Owner. The Company will require the cooperation of the Trailer Owner for necessary details and documents.  If the Company were to lose a chargeback for any reason, the Trailer Owner is not entitled to a payout.

RENTAL FEES

The Trailer Owner is responsible for setting the desired daily, weekly, and monthly rental fees, accessory rental fees, cleaning fees, delivery fees, and any other fees relevant to the rental.  If the Owner accepts a booking, he or she must honor the rental price shown in the booking.  It is the obligation of the Trailer Owner to manage the rental extensions and ensure the Renter pays for any additional rental days through the "Rental Extension" link within the Renter's account.  The Company will make a reasonable effort to charge the credit card on file to recover unpaid rental fees.  The Trailer Owner agrees the Company will not be responsible for loss of unrecoverable and unpaid rental fees.

DEPOSITS

The deposit amount is set by the Trailer Owner. If the owner charges a deposit, it will be indicated on the listing and booking details.  All deposits are charged at the time of booking.  If a booking is accepted, the deposit amount is charged.  The deposit or any portion of the deposit can be withheld if a trailer is returned with damage or loss or any rented accessory is not returned or is returned with damages.  Other reasons why a deposit could be withheld include, but are not limited to, late return of a rented trailer.  If a trailer is returned on time and without incident, the deposit refund is initiated by the Owner marking the transaction complete.  Deposit refunds can take several days to appear on the Renter's bank statement. 

RENTAL PERIOD

The “Rental Period” starts and ends at the booking start and end date and time unless there is a mutual agreement between Owner and Renter to change the rental start and end time. 

RENTAL EXTENSIONS  

If the Renter cannot return when the trailer is due, the Renter must go to the Company platform and process a request for extension.   Any verbal or written agreement to extend a rental outside of the Company platform will exclude insurance coverage and will not be supported by the Company in the collection of any rental fees or other fees or withholding of any deposit for damages, citations, tolls, or any other incident that arises during the extended period of the rental if the rental period was not paid for through the Company platform.  If a rental extension is not submitted by the Renter, the Renter agrees the Company has authorization to charge Your credit card without prior authorization.  If the extension request is not processed through the platform by the Renter prior to the end of rental date, insurance will not apply to the rental.

PROHIBITED USE OF RENTED TRAILERS

A.  Any person(s) not named on the Rental Agreement shall not be allowed to operate or tow rented trailer.

B.  No person under the age of 25 shall be allowed to rent, tow or operate a rented trailer.

C.  The manufactures specified weight limits shall never be exceeded regardless of the contents being hauled.

D.  No rented trailer shall ever be used in an unlawful manner.

E.  No person operating or towing a rented trailer shall plead ignorance to any local, state, or federal law regarding the safe operation or use of the trailer.

F.  The Renter is prohibited from towing a trailer with any inadequate vehicle or a load on any trailer that does not comply with the National Highway Traffic Safety Administration or the Department of Transportation standards.

G.  The Renter is prohibited from using any tow vehicle with improper towing equipment, such as, the improper size ball, the improper light plug connection, no or non-working brake controller or an improper tow hitch.

H.  The Renter is prohibited from switching a trailer to different towing vehicle after taking possession of the trailer if the towing vehicle is not adequate to tow the trailer.

I.  The Renter is prohibited from using any trailer without first having full knowledge of how to operate it, load it, and knowledge of all weight specifications.

J.  The Renter is prohibited from parking illegally on streets or violating traffic laws.

K.  The Renter or any other driver is prohibited from operating or towing a trailer while under the influence of alcohol, marijuana or any controlled substance that may impair his or her ability to drive.

L.  The Renter or driver is prohibited from leaving the scene of an accident without reporting such accident to law enforcement.

M.  The Renter or driver is prohibited from using any cell phone, electronic device or any other activity that may cause a distraction while driving and operating or towing a trailer.

N.  The Renter is prohibited from operating or towing any trailer that requires a special license or permit to operate, tow or haul a load on any rented trailer if the Renter does not hold the required, valid, license or permit.  The Renter is prohibited from renting, operating, or towing any trailer on the platform unless he or she possesses a valid driver license legally issued by a local government within the country where the trailer is being rented. The Renter is responsible for knowing the law pertaining to special licensing, permits and load limitations.

O.  The Renter is prohibited performing any mechanical work on any rented trailer without the consent of the Owner.

P.  The Renter is prohibited from maintaining possession or refusing to relinquish any rented trailer when an Owner refuses to extend the rental.

Q.  The Renter is prohibited from maintaining possession or refusing to relinquish any rented trailer when a rental has been terminated for any reason.

R.  The Renter is prohibited from loaning, giving, re-renting or letting another person use a rented trailer who is not named as a driver or Renter on the reservation.

FEES INCURRED BY RENTER

The Renter is responsible to pay for all fees, including but not limited to rental days, tolls, parking tickets, traffic violations, towing, impound, transport, repossession, damages, cleaning, late fees, loss, abandonment, non-returned accessories, etc. A 3.5% credit card processing fee will be added to all fees charged by the Company.  If the Renter is delinquent for any period of time and fees are unpaid at the end of the paid rental period, the Renter agrees and accepts that the Company will charge the Renter's credit card without prior authorization to pay for applicable fees.  

Unpaid fees will be subject to an additional $30 administration fee by the Company per incident or citation. Delinquent accounts will be sent to collections and will incur an additional 35% surcharge and may be reported to credit bureaus. The You acknowledge that You have no right to contest fees assessed for such charges in compliance with this policy. You agree to indemnify and hold the Company and the Trailer Owner harmless of any actions, consequences or penalties associated with any activity or use while the trailer is in Your possession.

TOLL FEES

The Renter is responsible for paying all tolls during the rental period. If the Company or the Trailer Owner receives a toll bill from a toll authority, the Company will charge the Renter. Renter agrees to pay the Company all toll fees assessed by the toll authority and an administration fee of $7.00 per toll transaction.  Each toll transaction will be identified on the payment receipt by the toll authority ticket ID number.  The Renter agrees and accepts that the Company will charge the Renter's credit card without prior authorization to pay for associated toll fees and a $7.00 admin fee per toll for tolls that were incurred during the rental period.  

LATE FEES

No rental grace period will be offered to the Renter. If the trailer is not returned by the return “due” date and time, an additional 24-hour rental amount will be withheld from the Renter's deposit unless an extension request has been submitted and pre-paid in advance.  If a rental extension is not submitted by the Renter and there are late fees that exceeds the deposit amount, the Renter agrees the Company has authorization to charge the late fee to Your credit card without prior authorization.  

NON-USE & CONDITION ACCEPTANCE

The Renter agrees that by booking the rental and taking possession of the trailer, he or she is accepting the condition and usability of the trailer and is entirely responsible for full payment of the rental and any additional fee. 

There will be no consideration of reimbursement for the inability to use the trailer, regardless of the circumstance, by the Renter for any reason after the Renter has taken possession of the trailer.  The Renter agrees that during the course of using the Company platform and renting from trailer Owners, the Company will not be held responsible or liable for the condition or usability of any rented trailer.  

It is the responsibility of the Renter to inspect the trailer prior to taking possession. Once the Renter takes possession of the trailer, the Renter is accepting the condition and usability.  The Renter and Owner should both take pictures of the trailer at the time of rental.  If the Renter discovers a defect or any mechanical issue with any part of the trailer; including but not limited to lights, brakes, tires suspension, electrical, durability or safety of the trailer, the Renter must immediately notify the Trailer Owner and the Company prior to taking possession of the trailer.

Costs incurred for downtime due to mechanical, electrical, or structural failure during a rental, such as, hotel fees, meals, or any other cost will not be reimbursed under any circumstance.  

You agree to use the rented trailer in a lawful manner.  You agree that during the use of any rented trailer, You will abide by the specified weight limitations and will not overload any rented trailer.  You agree not to haul hazardous materials or illegal substances that are prohibited by state or federal laws.  You agree to abide by all laws and always operate the trailer in a safe manner.  

You agree to indemnify and hold the Company harmless of any and all liability as to the mechanical, structural, or electrical failure of any rented trailer or for communication or miscommunication of any instruction or misrepresentation of any advertised or rented trailer and its specifications, descriptions, or trailer images listed on the Company platform or other advertised materials.

DAMAGES

Any damages that occur to the trailer during the rental period are the full responsibility of the Renter; not the Owner or the Company. The Renter will be liable to pay for damages that cannot be proven to have existed prior to the rental.  The Renter is required to pay for the damages even if repairs will never be completed.  It's the discretion of the Owner to choose to perform his or her own repairs or have repairs done by a shop or not at all.  

The Renter shall keep the trailer secure and maintain the rented trailer during the rental at his or her own cost and expense. The Renter agrees to return the trailer in the same condition it was received. 

The Renter shall pay the Owner full compensation for replacement and/or repair of the trailer or rented accessories which is not returned because it is lost or stolen or any part of the trailer or accessory which is damaged and in need of repair to put it into the same condition it was in at the time of rental. Renter agrees the Owner is authorized to hold them financially responsible for such loss or damage by not returning the full or partial amount of the deposit.

LIABILITY

The Renter accepts liability while the trailer is in the Renter's possession. The Renter agrees to provide Your own liability coverage and to hold the Owner and Company harmless during the rental period. 

The Trailer Owner agrees to hold the Company harmless from any incident that arises during the rental. Company is not liable for any verbal or written agreement, statement, or other means of communication between Renter and Owner. 

The Renter and Owner understand and agree that the Company is not obligated to give advice or to review communication and is not liable to correct miscommunication of Company policy or any other procedure or monitor the conduct of the Renter or Owner. The Company is not responsible for conducting background checks or ensuring any level of trust, credibility, or qualifying any Renter or Owner. 

By using the Company Services, You agree to indemnify and hold the Company harmless from damages, loss or any criminal or civil dispute arising from the course of doing business and utilizing the Company platform and services.

TERMINATION OF RENTAL

The Renter shall not pledge or encumber the rented trailer in any way. The Owner may terminate the rental immediately upon the failure of the Renter to abide by the policies set forth in the rental terms.

EMBEZZLEMENT

In the event that a trailer is not returned by the contract return “Due” date, and if there is no extension of the rental period or cooperation from the Renter, the Owner reserves the right to file a criminal complaint with local law enforcement.

REPOSSESSION

If the Renter fails to return the trailer, does not cooperate in a scheduled pickup of the trailer or requests an immediate unscheduled pick-up of the trailer, a minimum of $7.00 per mile round trip repossession may be charged at the discretion of the Trailer Owner.  If the trailer was impounded, stolen, or the location of the trailer was not immediately disclosed upon request by the Trailer Owner or the Company during an attempt to reposes the trailer, a minimum fee of $500 for repossession efforts may be imposed to the Renter and paid out to the Trailer Owner. A 3.5% surcharge will be added.

WARRANTY

The Renter accepts the trailer rental as-is without any warranty that such trailer will provide the function or desired performance and intended use.  The Trailer Owner or Company does not warrant the condition, quality, or performance of the trailer.

RENTAL AGREEMENT

The terms of this policy service as a binding rental contract for all rentals booked through the Company platform.  The Company is not part of any verbal or written agreement between the Trailer Owner and Trailer Renter outside of this agreement.  

COMMUNICATION

You agree while doing business through the Company platform, You will represent Yourself in a professional manor. Abusive, inappropriate language or threats will not be tolerated and will result in suspension from the platform. 

You are prohibited from attempting to circumvent the platform in any way.  For the safety, privacy, and best interests of the platform, You are prohibited from posting or messaging any direct means of contact prior to an accepted booking; including but not limited to:  posting or messaging a full or partial phone number, email address, social media link or name, website link or name, physical address, approximate address, approximate location, company name, company logo, brand or any other direct means of contact to a public listing page, profile page, profile image, listing page, listing image, trailer image or message on the platform prior to the acceptance of a booking.  

If You violate this policy, Your message or posted content will be immediately deleted from public view or the intended User from viewing.  Violating this policy will be grounds for permanent suspension from the platform and / or enforcement of the Company Abuse of Services policy.  

SERVICE FEE BY COMPANY

There’s no fee to list Your trailer on the Company platform. The Company takes a commission of 20% from the total rental amount (excluding deposit) of each rental transaction. The Company charges a booking fee of 10% with a $20 minimum and a 3% deposit processing fee to the renter. These fees enable the platform to operate and assist with advertising.

TRAILER LISTING GUIDELINES

By engaging in the services offered by the company and listing a trailer on the platform, You agree to read and comply with the Company policies and guidelines.  You agree to always conduct yourself in a professional manner.  You agree that You are responsible for the accuracy of content; including but not limited to Your listing description, trailer weight, trailer length, trailer width, all trailer specifications, trailer condition, and rental commitments.  Any accepted booking that was cancelled due to inaccurate listing specifications may be subject to the “Booking Cancellation By Owner” policy without cause. 

All listings must include a description with a minimum of 200 characters, complete and accurate trailer specifications, a minimum of 4 unique pictures of the trailer, current city and state where the trailer is located, and a fair and reasonable rental rate. 

Trailer images must be real pictures of the actual trailer being rented.  Trailer description and images cannot display any direct contact information, company logo, company name, phone number, email, website, any other form of contact information or anything the Company deems inappropriate or unacceptable.  Manufacture logos are permissible if the logo is not a direct means of contact and circumvention.  

The Company reserves the right to edit, change, rewrite, or alter any and all trailer listing descriptions and images used in listings or advertising to comply with these terms.  Upon submitting images with your listing, you agree to grant the Company copyright privileges.

Trailers with a salvage title are prohibited from being listed on the platform.  Custom built trailers with DOT certification are acceptable to be listed on the platform.  

You may list Your trailer for the purpose of offering rentals.  Listing a trailer for the sole purpose of advertising a hauling service is prohibited.  A hauling service may be included in the listing only if it is combined with a rental transaction and added as an add-on in Your listing. Clear instructions must be stated in the listing description for adding the hauling service to the booking. 

OWNER RENTAL PROCEDURES 

Trailer Owners have a responsibility to manage Your own bookings, rental extensions and answer questions from Renters or potential renters in a timely manner.  Owners who do not respond in a reasonable amount of time will receive automated and / or direct contact from the Company.  

All bookings must be accepted or rejected by the Trailer Owner as soon as possible or within 1 hour whenever possible.  If no action is taken to accept or reject a booking within 12 hours, the booking will be subject to rejection by the Company and the listing and user account may be deactivated at any time at the discretion of the Company.  

All messages must be answered by the Trailer Owner as soon as possible or within 1 hour whenever possible.  If messages are ignored or go unanswered by the Trailer Owner, the listing and user account may be deactivated at any time at the discretion of the Company.  

The Trailer Owner agrees that after accepting a booking, You are obligated to follow through with the rental.  If the Trailer Owner accepts a booking and cannot provide the trailer to the Renter on the date and time agreed upon and cannot reschedule the booking and has to cancel the booking request, the Company reserves the right to charge the Trailer Owner for all applicable booking fees of the total transaction amount to the Company to cover credit card and advertising fees with exception to the Trailer Owner Booking Cancellation Policy.

If for some reason the trailer is not available at the scheduled date and time of the rental, the Trailer Owner must notify the Trailer Renter in advance and may offer to reschedule the rental for a date and time that works for both parties.  The Trailer Owner must be present at the time of rental and return to assist and to follow all the steps provided in the “Rental Process Guide” located in the Library within Your user account.  

Trailer Owners are required to manage rentals by meeting with Renters to hand off the trailer.  Owners must upload a minimum of 4 current pictures of the rented trailer before and after each rental and disclose the condition of the trailer.  If damages are present upon return of the trailer, pictures and a description of damages must be indicated in the “Deposit Deduction Claim” before ending the rental.  

Trailer Owners must begin the rental from Your account by selecting the “Begin Rental” option immediately upon releasing the trailer to the Renter.  Trailer Owners must end the rental from Your account by selecting the “End Rental” option immediately upon receiving the trailer when it is returned from the Renter.  An end rental delay may be necessary for the assessment of damages. 

NON-COMPLIANCE OF OWNER RENTAL PROCEDURES

If an accepted booking has not been started on the scheduled booking start date and time from the platform by selecting “Begin Rental” or completed on the scheduled return date and time by selecting “End Rental”, this will be considered non-compliance of owner rental procedures.  If there is a booking date or time change request, the request must be submitted from the renter by selecting the “Change Date” button on the booking details page.  The Company reserves the right to assess a penalty fee of $25 for each 24-hour period that passes for non-compliance of owner rental procedures.  If the Company receives a chargeback due to non-compliance of Owner rental procedures, a $35 chargeback fee will be assessed to the Trailer Owner.  If the chargeback dispute is lost, the Trailer Owner will be responsible to pay all platform fees. 

The company reserves the right to reject an “accepted” booking or “on rent” booking at any time for non-compliance of owner rental procedures.  Your non-compliance may cause You to forfeit Your payout depending on the circumstances and if the Renter took possession of the trailer or not.  The penalty for non-compliance of rental procedures is the sole discretion of the company.

TRAILER MAINTENANCE REQUIREMENTS

The Owner agrees the rented trailer will be well maintained, roadworthy and mechanically safe, in good cosmetic condition, equipped with a current license plate associated with the rental trailer, equipped with a manufacture VIN sticker listing weight specifications to include weight capacity, and have a current DOT inspection if required by state law. 

It is the responsibility of every Trailer Owner to ensure the trailer and all components, including but not limited to electrical, mechanical, tires, winch, etc. are in good working condition at all times before and during every rental.  Trailer inspections must include but are not limited to: tires, spare tires, axles, bearings, hubs, drums, brakes, leaf springs, shackle links, hangers, electrical wires, coupler, coupler lock, safety chains, breakaway box, breakaway cable, frame, breakaway battery, bed, structure, walls, lights, hinges, doors, steps, etc.  Trailer tires must not exceed 3 years of age as identified by the date stamp on the tire sidewall.  Trailer tires must have a minimum tread of 50% and be absent of cracks, uneven wear, flat spots, bulging or conditions that may be unsafe.

It is the responsibility of every Renter to maintain the trailer while it is in Your possession.  Renter maintenance requirements include, but are not limited to a pre-trip inspection and periodic inspections throughout Your trip or as required by local or federal safety standards.  Renter inspections and maintenance include but are not limited to an inspection of the trailer and all components, lights, brakes, tires, tire air pressure, suspension components, axles, hitch and coupler connection, safety chains, cargo, and responsible use of a brake controller.

You agree to indemnify and hold the Company harmless of all liability as to the mechanical, electrical, or structural failure of any rented trailer or for communication or miscommunication of any instruction or misrepresentation of any rented trailer and its specifications listed on the Company platform, trailer listing page, or other advertised materials.  

OWNER PAYOUTS

Owner payouts are controlled by You (the Trailer Owner).  A payout is automatically initiated by You when You end the rental by selecting the “End Rental” button associated with the booking.  A payout typically takes about 2-3 business days from the time You end the rental to arrive in Your bank account.  Holidays, weekends, or restrictions on your account or not setting up your bank account will delay payouts.  You must add Your bank account information by selecting “My Bank Account” within Your account to receive payouts.  If You are not receiving payouts due to a Stripe account restriction or inaccurate bank account information, it's Your responsibility to notify the Company. 

You will not be entitled to a payout if the rental amount was refunded in full to the Renter for any reason.  You agree and accept that the Company will use reasonable judgement to settle cancellation and refund disputes that may affect Your payout.  If a partial refund was issued to the Renter due to a Renter cancellation, You may be entitled to the non-refunded “rent amount”, excluding the platform fee.  You will not be entitled to a payout for Owner cancellations.  You will not be entitled to a payout for any booking transaction that is associated with fraud or suspected to be fraud or for any booking transaction where a dispute was lost due to the bank deciding in favor of the card holder.   You may not be entitled to a payout if the Company refunded part or all of the Renter’s money for any reason.  If You already received the payout for money that was refunded to the Renter for any reason, the money will be deducted from Your next payout or may be withdrawn from your bank account via Stripe at the discretion of the Company. 

Booking Cancellation by Owner

OWNER CANCELLATIONS FOR CAUSE

Owner Cancellations are only intended for unavoidable circumstances.  Trailer Owners are allowed up to 2 rental cancellations For Cause within a 6-month rolling window without fees.  Subsequent cancellations by the Trailer Owner will incur a fee of $50 if cancelled at least 7 days prior to the start of the rental or a fee of $100 if cancelled less than 7 days prior to the start of the rental.  

OWNER CANCELLATIONS WITHOUT CAUSE

Owner Cancellations Without Cause include; but are not limited to, any cancellation due to inaccurate trailer listing details, failure to perform adequate maintenance or inspections of the trailer prior to the rental that may cause the trailer to be unsafe, and failure to meet a customer at agreed time or location.  Owner cancellation Without Cause is subject to a minimum fee assessed to the Trailer Owner of 30% of the booking rental amount.

The Company will use its reasonable judgement to determine what is reasonable Cause for cancellation.  Fees are deducted from the Trailer Owner's future payout.  Any cancellation request after the rental has been started or sent out will be denied.  

Any owner cancellation with the intent to circumvent the platform will result in a $1,000.00 penalty fee.  

ABUSE OF SERVICES

By using the BigLoads Services, you agree that you will not attempt to circumvent the platform.  Any Trailer Owner who attempts to circumvent the platform in any way by attempting to exchange contact information, attempts to set up a meeting location, or shares any other information that will potentially prevent the booking from being completed on the platform prior to an accepted booking is in violation of these terms.  

Any Trailer Owner who uses contact information that was shared by a Renter in violation of these terms prior to an accepted booking is in violation of these terms.  Any Trailer Owner who baits a Renter into circumventing the platform or who baits the Renter into booking for a shorter period of time just to exchange contact information will be in violation of these terms.   Any Trailer Owner who has or attempts to have the Renter cancel the booking after it is accepted to circumvent the platform is in violation of these terms.  Referrals to off-platform companies is strictly prohibited. 

If the Company in its reasonable judgement believes the Trailer Owner has abused the terms of service and circumvented the platform in any way or caused the rental or a potential rental to be taken off the platform, the Company reserves the right to charge all applicable booking fees and a $200 administrative fee to the Trailer Owner.  The Company reserves the right to block or permanently remove any User Account at any time and for any reason.

Any suspended User who sets up a new account to manipulate this policy will be subject to a penalty fee of $1,000.00. 

Content

YOUR RIGHT TO POST CONTENT

Our Service allows You to post Content on Your trailer listing page(s) and elsewhere on the platform. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

CONTENT RESTRICTIONS

The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

• Unlawful or promoting unlawful activity.
• Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
• Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
• Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
• Impersonating any person or entity including the Company and its employees or representatives or Trailer Owners and Trailer Renters.
• Violating the privacy of any third person.
• False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

CONTENT BACKUPS

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

REVIEWS

You can leave public feedback and star rating for each other through the platform for all completed rentals.  All reviews or feedback must be honest, professional, factual, and only provide information related to Your rental experience whether positive or negative.  

The Company has a zero-tolerance policy for any review that is inappropriate, retaliatory, intended to manipulate or to deceive others.  The Company agrees to review and moderate any feedback that is questionable if such feedback is brought to the Company's attention.  Owners and Renters agree to hold the Company harmless from any written feedback.  

ADVERTISING POLICY

The Company reserves the right to use any and all public trailer Owner listing content, descriptions, specifications, images, public profile details in any means of advertising on social media, blog, or on any website the Company chooses to advertise on to promote or advertise the Company or any trailer listed on the Company website or platform. 

The Company reserves the right to choose which listings to promote through outside advertising sources based on relevance, quality of content, quality of a trailer, popularity, and location of the trailer location. By publishing your trailer for rent on the Company platform, you accept the Company's Advertising Policy.

TAX

It is the responsibility of the Owner to determine and comply with Your legal obligation under the tax laws of Your state.  The Company may facilitate the collection and remittance of tax in some states.  You may not collect tax in states where the Company already collects tax.  A list of states where the Company collects tax will be published on the website.

Copyright Policy

INTELLECTUAL PROPERTY INFRINGEMENT

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at support@bigloads.com and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

DMCA NOTICE AND DMCA PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
• A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
• Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
• Your address, telephone number, and email address.
• A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our copyright agent via email at Support@bigloads.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

INTELLECTUAL PROPERTY

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

YOUR FEEDBACK TO US

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

PROMOTIONS

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

LINKS TO OTHER WEBSITES

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

TERMINATION

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

LIMITATION OF LIABILITY

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its employees, or suppliers, or partners, or developers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or its employees, or suppliers,  or partners, or developers has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" AND "AS AVAILABLE" DISCLAIMER

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and Your respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

GOVERNING LAW

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

DISPUTES RESOLUTION

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

FOR EUROPEAN UNION (EU) USERS

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

UNITED STATES LEGAL COMPLIANCE

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

SEVERABILITY

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

WAIVER

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

TRANSLATION INTERPRETATION

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

CHANGES TO THESE TERMS AND CONDITIONS

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

CONTACT US

If you have any questions about these Terms and Conditions, You can contact Us:

By visiting this page on our website: https://www.bigloads.com/en/user_feedbacks/new