Effective Time of Contract. Quotes & Invoice/Contracts provided by Sun Reys Beach Rental are based on availability of vehicle(s) and driver(s) from within our network at the time of provision of such quote. Failure of Customer to sign and fax back Sales Order/Invoice/Contract promptly can result in unavailability. Further, Sun Rey Beach Rental shall reserve the right to decline provision of services in the event that a suitable operator cannot be confirmed for Customer’s service at or below the price indicated on the contract. Customer does not have a binding commitment on the part of Sun Reys Beach Rental until (i) Customer’s signature on the Sales Order/Invoice/Contract and these Terms and Conditions is received by Sun Reys Beach Rental, and (ii) Sun Rey Beach Rental has received confirmation that appropriate vehicle(s) and driver(s) are available for Customer at or below contract price. Should customer not receive written confirmation from Sun Reys Beach Rental within 5
business days, the contract will be deemed null and void.
Payment. Final payment for service is due and payable at the time of the rental. In the case of bookings more than 10 days prior to the rental, a 20% deposit should be paid upon confirmation of the service. When making payment, Customer should indicate on its check or other mode of payment, the Sales Order/Invoice/Contract number to insure proper credit. Customers will be billed an administrative and handling charge of four percent (4%); however, this fee will be waived for payments made by check, certified funds, money order or wire transfer. Customer shall pay all costs of collection and enforcement by Sun Reys Beach Rental, including, without limitation, attorneys’ fees and court costs. In the case of bookings less than 30 days prior to the Event, full payment will be due upon booking. Late payments, payments made after the agreed and specified payment date, will be subject to a 1% per day interest charge.
Collection. Customer agrees to pay all costs, expenses, collection and attorney’s fee, as allowed by law, either expected or incurred by Sun Reys Beach Rental due to any breach or default by the Customer of any terms of this contract.
Security Deposit. Customer agrees that Sun Reys Beach Rental has the sole and exclusive right to determine the extent to which security deposits may be refunded. Vehicles will be subject to inspection after the service by the Sun Reys Beach Rental, upon which such determinations shall be made.
Standard of Care. Our service providers are carefully selected. Sun Reys Beach Rental confirms that all transportation service providers used for Customer’s services are registered and insured. Further, all drivers are confirmed as safe drivers by our providers. Equipment furnished by the service provider is inspected before being assigned for mechanical reliability. The vehicles provided will accommodate the number of passengers specified in Customer’s order.
Itinerary. Customer must provide Sun Reys Beach Rental with complete list of intended uses at the time of rental. Failure to provide such information may result in cancellation of your contract and forfeiture of ten percent (10%) of the amount of the contract. Prices are subject to change based on the final itinerary.
Changes; Additional and Unforeseen Costs. Any change in service at the request of the Customer that results in an increase usage over that of the contracted service shall result in an additional charge. Sun Reys Beach Rental will notify the Customer of any anticipated additional charges that may be expected to be incurred at the time of the original order. Any additional fees unforeseen prior to the rental are the responsibility of the Customer.
Personal Items of Passengers. Customer hereby acknowledges that Sun Reys Beach Rental shall not have any responsibility whatsoever for any personal property of the passengers. Baggage and all other personal property will be handled only at passengers’ own risk. Personal items of passengers are loaded and transported at the sole risk of the passengers.
Damage to Transportation Equipment. Customer hereby agrees to assume responsibility for and to reimburse Sun Reys Beach Rental for the costs associated with any damage to the transportation equipment/vehicles supplied by or through Sun Reys Beach Rental caused by passengers.
Objectionable Persons. Sun Reys Beach Rental reserve the right to refuse to rent to persons under the influence of intoxicating liquor or drugs, or who are, or are likely to become, objectionable to other persons or if the driver feels threatened in any way.
Conduct of Passengers. Passengers shall not interfere with the operator in the discharge of his/her duty or tamper with any apparatus or appliance on the vehicle.
Fire Arms, Explosives And Fireworks. Possession of firearms, explosives and fireworks (whether in baggage or on the person) are strictly forbidden on any vehicle provided hereunder.
Binding Authority. Customer represents and warrants to Sun Reys Beach Rental that the undersigned signatory, signing on behalf of Customer, has the authority to bind the Customer and that these Terms and Conditions shall be a valid, legally binding obligation of Customer. In the event that these Terms and Conditions are not signed and returned to Sun Reys Beach Rental, payment by Customer shall constitute Customer’s acceptance of and agreement to these Terms and Conditions.
Limitation of Liability. Customer agrees that Sun Reys Beach Rental shall not be liable to Customer for special, indirect, incidental or consequential damages, and Customer hereby disclaims such damages to the full extent such may be disclaimed, even if Sun Reys Beach Rental has been advised of the possibility of such damages, except in the case of gross negligence or willful misconduct of Sun Reys Beach Rental. In no event shall Sun Reys Beach Rental be liable for any loss in excess of the price paid for the rental for any reason whatsoever. Any and all complaints must be submitted in writing within five (5) business days after the date of the event or shall be waived by Customer.
Force Majeure. Unusual road, traffic, and weather conditions are beyond the control of Sun Reys Beach Rental and the service provider, and delays occasioned by same will not be the responsibility of Sun Reys Beach Rental or the service provider. Sun Reys Beach Rental shall not be liable to Customer for delay or non-performance resulting from mechanical failure, road or weather conditions, labor difficulties, or any other causes or circumstances beyond its control.
Cancellation Policy. Cancellations must be received in writing by either fax or email. Customer shall receive a full refund for cancellations made more than 10 days prior to date of service. There shall be no refund, however, for cancellations made within 10 days prior to date of service. A change in date of service shall be deemed a cancellation.
Prohibited Items: The following items and activities are prohibited without the written consent of the Company: (i) Decorations; (ii) Alcoholic Beverages; (iii) Smoking; (iv) Glass containers; (v.) Golf shoes or other shoes with spikes; (vi) Fuel containers; (vii) Generators. No tap beer is allowed on any vehicle.
Miscellaneous:
Governing Law. The rights and obligations of the parties hereto shall be interpreted, construed, and enforced in accordance with the laws of the State of New Jersey. Customer irrevocably consents to the jurisdiction of the state and federal courts of the State of New Jersey and in any dispute arising out of these Terms and Conditions agrees to waive the defense that such courts lack personal jurisdiction over Customer. Any claims or suits may only be instituted in the state of New Jersey.
Counterparts; Facsimile. These Terms and Conditions may be executed in separate counterparts, each of which shall be deemed an original and both of which shall together constitute one and the same instrument. For the purposes of this Agreement, facsimile signatures shall be treated as original signatures.
No Trial by Jury. Sun Reys Beach Rental and Customer each agrees to waive all rights to trial by jury in any claim, action, proceeding or counterclaim by either party against the other on any matters arising out of or in any way connected with the Event or these Terms and Conditions.
Entire Agreement. These Terms and Conditions, together with Sun Reys Beach Rental Invoice/Contract, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersedes any other promises, representations, or conditions in any other agreement, whether oral or written. These Terms and Conditions may be modified or amended only in a written instrument signed by both parties.
No Assignment. The Customer may not assign this Agreement or any of its respective rights, interests, duties or obligations hereunder without the prior written consent of Sun Reys Beach Rental. Sun Reys Beach Rental may assign this Agreement and any of its rights, interests, duties or obligations hereunder without the prior written consent of the Customer.
