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RENTAL OF THE VEHICLE: Apex club rents to the Renter/Member, who employs the vehicle subject to the terms and conditions applicable at the time of the rental. The Renter/Member will be bound by these terms and conditions, whether he/she was driving the vehicle or not.
DELIVERY OF THE VEHICLE: Delivery and transfer of the risk in and to the vehicle shall occur at the time and place that the Renter/Member or his/her duly authorized representative, or the Driver or the Additional Driver takes possession of the keys and/or vehicle at the Renting Location. The vehicle shall be deemed to have been delivered to the Renter/Member or his/her duly authorized representative or the Driver or the Additional Driver as soon as keys are placed in their hands. Any prior damage must be reported to a member of the Apex team prior to this time to cover them from liability. The vehicle will be fully fueled for the convenience of the customer.
USE OF VEHICLE: The vehicle may be utilized by the Renter/Member, the Driver or the Additional Driver for the Rental Period or any extended period as agreed to by Apex Luxury Rentals. The Renter/Member agrees that any extension so noted on Apex’s records would correctly reflect such extended period as agreed to by Apex. During the Rental Period, the vehicle may not be used, inter alia; for the conveyance of passengers and/or goods for reward; to propel or tow any other vehicle, (including any caravan or trailer) unless authorized by Apex in writing; to transport goods in violation of any customs laws or in any other illegal manner; in any motor sport or similar high risk activity; beyond the borders of Mississippi, unless authorized by Apex in writing; or in any area where there is or may be a risk of incidents of civil unrest, political disturbance or riot or any activity associated with any of the foregoing; The Renter/Member shall make adequate provision for the safety and security of the vehicle and, in particular, but without limiting the generality of the foregoing, he/she shall keep the vehicle properly locked and secured and immobilized and the burglar alarm (if any) must be activated and any anti-theft device in the vehicle must be properly secured and in place when the vehicle is not in use. The Renter/Member will ensure that the keys of the vehicle are under the Renter/Member’s control at all times. Apex will at all times remain the owner of the vehicle. The Renter/Member or passengers cannot smoke in the vehicle during the Rental Period, otherwise the Renter/Member will be charged a $500 cleaning fee.
RETURN OF THE VEHICLE: The Renter/Member shall return the vehicle, at the Renter/Member’s expense to an authorized representative of Apex at such time and location agreed to by Apex. The Renter/Member acknowledges that failure to return the vehicle in terms hereof shall constitute illegal possession by him, and Apex may repossess the vehicle wherever same may be found and from whomsoever is in possession thereof. Any costs incurred by Apex Luxury Rentals to retrieve the vehicle will be charged to the account of the Renter/Member, including, but not limited to, any physical damage that occurs in the repossession of the vehicle. Should the vehicle not be returned as indicated above, any Waiver option and/or Personal Accident Insurance cover in terms hereof will become null and void. Should the vehicle not be returned as indicated above, the vehicle may be reported as stolen to the appropriate authorities. The vehicle shall be returned to Apex Luxury Rentals in the same condition as received, that being undamaged, in good order and in a roadworthy condition, fair wear and tear excepted. It is the responsibility of the Renter/Member to ensure that the vehicle is fully re-fueled when returning the vehicle. Failure to do so will result in Apex refueling and charge the Renter/Member for the fuel. $6 per gallon and $10 convenience fee.
TERMINATION/CANCELLATION/EXTENSION OF RENTAL: Notwithstanding anything to the contrary contained herein, Apex shall be entitled in its sole and absolute discretion to terminate this agreement at any time by notice (verbal or in writing) to the Renter/Member, whereupon the Renter/Member shall immediately return the vehicle to Apex. In the event of such failure to return the vehicle to Apex; Apex shall be entitled to recover possession of the vehicle, wherever found and from whosoever has possession thereof. The obligations of the Renter/Member and the rights of Apex shall continue in full force and effect until the vehicle has been returned to Apex. Any costs incurred by Apex to retrieve the vehicle will be charged to the account of the Renter/Member. The Renter/Member shall give Apex club 24 hours’ notice, prior to the termination of the agreement, of his/her intention to extend the Rental Period. The Rental Period shall be extended on acceptance by Apex of the extended Rental Period proposed by the Renter/Member.
THE RENTER/MEMBER/DRIVER: The vehicle may only be driven by the Renter/Member. (Definition of Renter/Member refer 1.1.13) The Renter/Member/Driver warrants that at all times the vehicle will not be driven by any person authorized in terms of this agreement to drive the vehicle whose blood alcohol concentration exceeds the limit permitted by any applicable law or regulation or while under the influence of intoxicating liquor or narcotic drugs or similar substances and that every person authorized in terms of this agreement to drive the vehicle will have a valid license to drive the vehicle, and that such person will comply with all applicable laws and will comply in all respects with the provisions of this agreement. The Renter/Member/Driver warrants that he/she will inform Apex of any physical impairment of a person who wishes to be authorized to drive the vehicle, if that physical impairment may prejudice Apex in any way if the vehicle has not been adapted to accommodate the physical impairment. Should the Renter/Member fail to notify Apex of such physical impairment, the Renter/Member will bear the full liability and responsibility for Damages in the event of an accident. If the vehicle is driven by anyone other than the Renter/Member, then, without derogating from any rights or remedies which mph Apex may have, the Renter/Member shall remain liable for all his/her obligations in terms of this agreement and in particular, he/she shall be liable to Apex club as if he/she had been driving the vehicle; and The Renter/Member warrants that he/she is entitled and has the capacity to enter into this agreement; that all particulars given to Apex and/or recorded on rental agreement are true and correct.
RENTAL RATES AND CHARGES: The Renter/Member agrees to pay Apex the rental rates plus all other charges and fees opted for or utilized by the Renter/Member as contemplated overleaf and up until the vehicle is returned to Apex, including, but not limited to miscellaneous charges, airport surcharges, tourism levy, Claims Administration Fee, Contract Fee, Traffic Fine Administration Fee, one way fee, over border charges, delivery fee, collection fee, Collision Damage Waiver Fee (CDW/OW), Theft Loss Waiver Fee (TLW/LW), Personal Accident Insurance (PAI), fuel, additional driver(s) fee. Rental rates charges and fees will be calculated for the whole of the rental period (including any extended period as agreed by Apex) at the rates and on the basis set out in writing, and/or in the Official Rates Brochure, including all taxes levied on any amount payable by the Renter/Member. In determining the rental charges, the distance travelled by the vehicle shall be determined from the vehicle’s odometer, or if this is not possible for any reason, by Apex in its sole and absolute discretion, or any other fair and reasonable basis and the Renter/Member shall be obliged to furnish all such information and assistance as Apex may reasonably require for that purpose. If the odometer has been tampered with, then the miles travelled will be deemed to be 500 miles per day. The Renter/Member shall also be liable for all fines, penalties and like expenses including but not limited to parking, traffic and other offences, arising out of or concerning the use of the vehicle during the Rental Period and the Renter/Member accordingly indemnifies Apex against all such liability. The Renter/Member shall also be liable for all attorney and client costs incurred by Apex in instructing its attorneys to recover such outstanding expenses not paid by the Renter/Member.
PAYMENT: Deposit is due in order to reserve the vehicle. It is refundable up 7 days before the start of the trip. If the reservation is canceled within 48 hours of the trip. The deposit is nonrefundable.
The signature on contract will constitute irrevocable authority for the issuer of the card to debit him with the total amount due to Apex including but not limited to any Damages and/or Loss suffered by Apex.
In the event of an incident and/or if the vehicle is stolen and/or lost, the amount of the Damages and/or the Total Loss as suffered by Apex is payable by the Renter/Member immediately on demand by Apex or its duly authorized representative. The Renter/Member shall be obliged to accept the quotation for repairs as proof of quantum for the Damages caused to the vehicle. Damages in excess of $10,000.00 will be supported by an independent assessor’s report. The Renter/Member by signing the rental agreement, accepts full responsibility for the damages incurred for which he/she is liable. The Renter/Member agrees that if payment is to be made by credit card, his/her signature on the rental agreement shall constitute authority to debit his/her credit card for the total amount due including his/her full liability for any damages incurred that are not covered by their insurance.
RENTER/MEMBER’S RISKS AND LIABILITIES: If the Renter/Member does not provide full coverage insurance or requires the use of Apex automobile insurance, he/she is responsible for first $10,000 security deposit deductible in event of a vehicle damage. The Renter/Member shall assume the sole risk of the vehicle from the time that the key and/or the vehicle is handed to the Renter/Member until such time as the vehicle and key is returned. The Renter/Member is liable for all fines and/or penalties incurred during the Rental Period and hereby authorize Apex to disclose any information required by a relevant authority to process any such fines and/or penalties which are incurred during the Rental Period.
ASSIGNMENT OF INSURANCE BENEFITS: Renter/Member hereby assigns any and all insurance rights, benefits, proceeds, and any causes of action under any applicable insurance policies to Apex, for services rendered, to be rendered or losses sustained by Company. In this regard, Renter/Member waives his/her privacy rights. Renter/Member makes this assignment in consideration of Apex’s agreement to perform services and supply the rental vehicle and otherwise perform its obligations under this contract. Renter also hereby directs his/her insurance carrier(s) to release any and all information requested by Apex, its representative, and/or its Attorney for the direct purpose of obtaining actual benefits to be paid by Renter/Member’s insurance carrier(s) for services rendered or to be rendered or loses sustained to the rental vehicle. Renter/Member hereby grants Apex irrevocable power-of attorney and express permission to endorse Renter/Member’s name on any and all checks received from an insurance company of Renter/Member’s behalf for services provided by Apex or losses sustained by Apex. Renter/Member agrees that any position of services, deductibles, depreciation, loss of use, diminished value or additional losses requested by the Renter/Member, not covered by Insurance, must be paid by the Renter/Member. Renter/Member also hereby authorizes and unequivocally instructs direct payment of any benefits or proceeds to Apex Luxury Rentals.
PROCEDURE IN THE EVENT OF AN ACCIDENT INVOLVING THE VEHICLE: If at any time the vehicle is involved in an incident, damaged, Act of God, stolen and/or lost the Renter/Member shall take every reasonable precaution to safeguard the interest of Apex including but without being limited to, the following where appropriate, as failure to adhere to the latter will result in the Renter/Member being liable for the Full and/or Total Loss: The Renter/Member shall notify Apex immediately or within 3 hours of becoming aware of the occurrence and shall within twenty-four hours of the occurrence complete and furnish to Apex, Apex’s standard claim form together with a copy of his/her Driver’s License; The Renter/Member shall obtain the name(s) and addresses of everyone involved and of witnesses; The Renter/Member shall not admit or claim responsibility or liability nor release any party from any liability or potential liability nor settle any claim or potential claim against or by any party nor accept any disclaimer of liability; The Renter/Member shall report all incidents and/or theft and/or damage regardless of the value or nature to the police within 24 hours after its occurrence and the Renter/Member shall furnish to Apex a reference, case or docket number; The Renter/Member shall make adequate provision for the safety and security of the vehicle and will not abandon the vehicle under any circumstances and will retain possession of the keys at all times; The Renter/Member shall co-operate with Apex and its insurer in any investigation, the making or instituting of any claim or action and the defense of any prosecution, claim or action relating to any accident, theft or damage (including, inter alia, deposing to an affidavit or giving evidence in court if he is requested to do so). If the Renter/Member is not the Driver or Additional Driver, then, without in any way derogating from the Renter/Member’s obligations in terms of this clause 13, the Renter/Member shall procure that the Driver or Additional Driver complies with the provisions above and the Renter/Member warrants that the Driver or Additional Driver shall do so. The Renter/Member shall within 24 hours of receipt thereof furnish to Apex (and if the Renter/Member is not the Driver or Additional Driver, the Renter/Member shall also procure that the Driver or Additional Driver does) any notice of claim, demand, summons or the like which the Renter/Member or the Driver may receive in connection with the vehicle. The Renter/Member warrants that the information completed in Apex claim form will be complete, true and correct in every respect.
INDEMNITY OF Apex BY RENTER/MEMBER: Neither Apex nor any of its directors, officers, employees, servants or agents shall be liable for any loss or damage (including, without limitation, any loss or damage to property left or transported in the vehicle, any loss of life or any loss or damage arising from the installation or condition of a child seat or any other accessory in and/or on the vehicle), whether direct, indirect, consequential or otherwise arising from the rental by the Renter/Member of the vehicle, including, without limitation, any defect in and/or mechanical failure of the vehicle (howsoever arising and of whatever nature) or the failure of Apex to detect defects in or mechanical problems with the vehicle and whether such loss or damage results from breach of contract or delict, including negligence or gross negligence or otherwise which may be suffered by the Renter/Member and/or any third party and/or passenger. Apex, its directors, officers, employees, servants or agents are accordingly indemnified by the Renter/Member or his/her estate against any claim of any nature whatsoever and howsoever arising from any damages or loss which might be instituted against them arising from or connected with or pursuant to the renting of the vehicle contemplated in these terms and conditions.
LOSS OF USE/ DIMINISHED VALUE: Renter/Member agrees to reimburse Apex for loss revenues for the inability of Apex to rent the Vehicle due the default of the Renter/Member or any damage caused by Renter/Member. Loss revenue shall be calculated as the daily rental rate of the vehicle times the number of days the vehicle is out of use, due the fault of the Renter/Member. Diminished value of the vehicle due to the fault of the Renter/Member shall be calculated and added to the final settlement value. If Renter/Member’s Insurance provider denies coverage of vehicle for any reason, the Renter/Member can be held liable for three times the amount of the vehicles market value.
GENERAL: If any provision of this agreement is found by a court of law to be invalid or void such provision will be severed from the agreement, without affecting the remainder of the provisions hereof. No extension, latitude or other indulgence that may be given or are allowed by any party in respect of performance of any obligation hereunder, and no delay or forbearance in the enforcement of any party arising from this agreement, and no single or partial exercise of any right of any party under this agreement will in any circumstances be construed as implied consent or election by such party or operate as a waiver or a novation of or otherwise affect any Party’s rights in terms of or arising from this Agreement or stop or preclude any such party from enforcing at any time and without notice, strict and punctual compliance with each and every provision or term hereof. The Renter/Member authorizes Apex to insert any particulars in the agreement which are not known or are unavailable at the time of signature hereof in order to rectify any bona fide errors in any fact, figure or calculation. This agreement and all matters or disputes arising there from or incidental thereto shall be governed and construed in accordance with the laws of the State of Mississippi and the United States. The Renter/Member further consents to the jurisdiction of the Magistrates Court, should Apex Luxury Rentals, at its election, bring legal proceedings in a Magistrates Court, notwithstanding the fact that the amount involved exceeds the jurisdiction of the Magistrates Court. The Renter/Member agrees, however, that Apex in its sole and absolute discretion may institute any such action or proceedings in any division of the High Court that may have jurisdiction. The Renter/Member shall not be entitled to cede any of his/her rights or obligations under this agreement or to rent or part with possession of the vehicle, its tires, tools or equipment or any part of it. If Apex institutes any legal proceedings against the Renter/Member to enforce any of its rights under this agreement it shall be entitled to recover from the Renter/Member all the legal costs it incurs to its own attorneys in accordance with their usual charges and assessed as between attorney and own client including but not limited to collection commission and tracing agent charges. The Renter/Member chooses the address specified in the agreement as his/her domicilium citandi et executandi that being the address for service of all legal process. Apex club shall be entitled to carry out a credit check on a Renter/Member with one or more credit agencies who may retain a record thereof and Apex and shall be entitled to record any default by the Renter/Member with any credit agency. Such records may be made available by the credit agency to third parties, in which case Apex shall not be held liable/responsible for any repercussions such disclosure may have on the Renter/Member. Apex club may monitor the applicant Renter/Member’s payment behavior by researching their profile at one or more of the credit agencies. Apex may use new information and data obtained from credit agencies in respect of the applicant Renter/Member’s future credit applications. Apex may record the existence of the applicant Renter/Member’s account with the credit agencies. Apex may record and transmit details of how the applicant Renter/Member has performed and how the account is conducted by the applicant Renter/Member in meeting their obligations on the account. The Renter/Member acknowledges that certain vehicles may be fitted with a vehicle management system, which is used to inter alia, record speed and other information relating to the vehicle rented. Apex shall be entitled to use such information (Including in court proceedings) as it deems fit. If the Driver and/or Additional Driver (if applicable) is not the same as the Renter/Member, then the Driver and/or Additional Driver shall binds himself/themselves as surety and co-principal debtor in solidum with the Renter/Member in favor of Apex for the due fulfilment of all of the obligations of the Renter/Member to Apex in terms of this agreement.
ENTIRE AGREEMENT: This document contains the entire agreement between the parties regarding the matters contained herein and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded in writing by Apex, other than Apex agreeing to extend the agreed return date for the vehicle
AGE: Driver’s must be 25 years of age or older. Young Driver fee will apply to those between the age of 21-25
DEPOSIT: Deposit reserves the vehicle and date and will be returned if the car returns in the condition that it was delivered to the customer.
Age-Drivers must be 25 years of age or older.
MAINTENANCE AND CARE OF THE VEHICLE: Maintain the vehicle as if it’s your own vehicle or you will be responsible for the cost of damages (e.g. no reckless driving, driving extremely high speeds 90mph +, and leaving trash in the vehicle). Any of these items will cost you your deposit.
CANCELLATION POLICY: If you cancel 1 week before the trip start. You will receive a full refund. Any cancellation between 1 week and 48 hours receives a 50% refund on deposit. No refund is given for cancelations within 48 hours of the trip start.
ROADSIDE ASSISTANCE: Please call Apex Luxury Rental, LLC asap (601-706-9457) if you need for the following:
Vehicle should be returned on the day and time confirmed on your reservation information:
PICK-UP LOCATION: 5341 MS-25, Flowood, MS 39232
Vehicle should be returned on a FULL tank of gas. $5 per gallon for every gallon needed to refill vehicle if not returned on full.
LATE POLICY: Apex Luxury Rentals understand things happen during your travel, if you think your drop off time is going to be later than the time confirmed, please call us asap. 1 provide a 1-hour grace period. After that, we charge the hourly rates listed on the website.
Chauffeur Rental Terms of service mirror that of the Rental Car Agreement Terms and Conditions listed above.