TERMS AND CONDITIONS
DEFINITIONS
“Agreement” means all terms and conditions found on both sides of this form. “You” or “your” means the person identified as the customer elsewhere in this Agreement, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or the customer’s direction. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement. ”We”, “our” or “us” means the business named on the reverse side of this Agreement. “Authorized Driver” means the renter and any additional driver listed by us on this Agreement, provided that person has a valid driver’s license and is at least age 21. Only Authorized Drivers may operate the Vehicle. “Vehicle” means the automobile or truck identified in this Agreement and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys and vehicle documents. “Physical Damage” means damage to, or loss of, the Vehicle caused by collision or upset; it does not include comprehensive damage or loss, such as: loss of the Vehicle due to theft; vandalism; act of nature; riot or civil disturbance; hail, flood; or, fire. Physical Damage excludes interior burn holes, window stars or cracks not caused by collision or upset. “Loss of use” means the loss of our ability to use the Vehicle for any purpose caused by damage or loss during this rental. Loss of use is calculated by multiplying the number of days from the date the Vehicle is damaged or lost until it is repaired or replaced, times the daily rental rate.
ADDITIONAL DRIVERS
Additional drivers may be added to the reservation for an additional fee.
AFTER HOURS
Vehicles may be dropped off after hours, but generally may not be picked up after hours. Feel free to contact us with any questions.
AGE
Drivers must be age 21 or older, with no exceptions. Drivers ages 21 – 24 will be charged an additional daily fee. For some vehicles, you must be age 25 or older.
BIOMETRIC DATA
When you upload your driver’s license photo and selfie to the EV Rides mobile app or our web-based rental platform, a third-party company contracted by the rental software used by EV Rides collects and stores your biometric data. This third-party contractor is Vouched (www.vouched.id) and you can learn more about Vouched’s security and privacy practices at
BREACH OF AGREEMENT
The acts listed here are prohibited uses of the rental vehicle. Any loss or damage that (a) is caused by anyone who is not an Authorized Driver, or by anyone whose driving license is suspended in any jurisdiction; (b) is caused by anyone under the influence of prescription or non-prescription drugs or alcohol; (c) is caused by anyone who obtained the Vehicle or extended the rental period by giving us false, fraudulent or misleading information; (d) occurs while the Vehicle is used in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law, other than a minor traffic violation; (e) occurs while carrying persons or property for hire or while pushing or towing anything, or in any race, speed test or contest; (f) occurs while teaching anyone to drive; (g) occurs while carrying dangerous or hazardous items or illegal material in or on the Vehicle; (h) occurs outside the geographic limitations indicated on the reverse; (i) occurs when it is loaded beyond its capacity; (j) occurs as a result of driving the Vehicle on unpaved roads; (k) occurs while transporting more persons than the Vehicle has seat belts, or while carrying persons outside the passenger compartment; (I) occurs while transporting children without approved child safety seats as required by law; (m) occurs and the odometer has been tampered with or disconnected; (n) occurs when the vehicle’s fluid levels are low, or It is otherwise reasonable to expect you to know that further operation would damage the vehicle; (o) results from inadequately secured cargo; (p) where applicable, Is caused by anyone who lacks experience operating a manual transmission; (q) is a result of your willful, wanton or reckless act or misconduct; (r) occurs and you fail to summon the police to any accident involving personal injury or property damage; or, (s) is caused by an animal transported in the Vehicle; breach this agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this agreement.
CANCELLATION
You may cancel for a full refund up to 24 hours before the scheduled start of your trip. For example, if your trip is scheduled to start at 3p on Friday, you may cancel for a full refund up to 3p on Thursday. If you cancel before your trip is scheduled to start but within 24 hours of its scheduled start, then you will receive a refund for all but the first day of the trip. If you cancel after your trip is scheduled to start, then you may receive a refund for all trip days beyond 24 hours after the time you cancel. For example, if your trip is scheduled to start at 3p on Friday and end on Wednesday at 3p, and you cancel or shorten your trip at 4p on Saturday, then you will still have to pay up through 3p on Monday.
CHARGES
You will pay us, or the appropriate government authorities, on demand all charges due us under this Agreement, including, but not limited to: (a) time and mileage for the period you keep the Vehicle, or a mileage charged based on our experience if the odometer is tampered with or disconnected; (b) charges for additional drivers; (c) optional products and services you purchased; (d) charging costs, if you return the Vehicle with less energy than when rented and for any charging you do during your trip that is billed automatically to EV Rides (e.g., Tesla Supercharging) (each charging session during your trip that is automatically billed to EV Rides will be rounded up to the nearest whole dollar); (e) applicable taxes; (f) all parking, traffic and toll violations, fines, penalties, forfeitures, court costs, towing, impound and storage charges and other expenses involving the Vehicle assessed against us or the vehicle, unless these expenses are our fault; (g) $50, plus $5/mile for every mile between the renting location and the place where the Vehicle is returned, repossessed or abandoned, plus all other expenses we incur in locating and recovering the Vehicle if you fail to return it or if we elect to repossess the Vehicle under the terms of this Agreement; (h) all costs. including pre- and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (i) a 2% per month late payment fee , or the maximum amount allowed by law (if less than 2%) on all amounts past due; (j) $50 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; and (k) a reasonable fee not to exceed $500 to clean the Vehicle if returned substantially less clean than when rented.
CLEANING
We retain the right to charge for excess cleaning costs in our discretion. We do not expect a perfectly clean car at return, but we do not expect you to abuse the car.
CONDITION AND RETURN OF VEHICLE
You must return the Vehicle to our rental office on the date and time specified in this Agreement, and in the same condition that you received it, except for ordinary wear. If the Vehicle is returned after closing hours, you remain responsible for the safety of, and any damage to, or loss of, the Vehicle until we inspect it upon our next opening for business. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. You must check and maintain all fluid levels.
COVID-19 MEASURES
We may make reasonable efforts to ensure we provide a safe and clean vehicle to you, but we do not guarantee any vehicle is free from any type of germs, including coronaviruses.
CROSS BORDER
You may cross state lines during your rental, but you may not take the vehicle to other countries.
DEBIT CARDS
Debit cards will be charged the full rental amount at the time of booking, plus a refundable deposit. If at all possible, please use a credit card rather than a debit card. We reserve the right to refuse debit cards.
DEPOSITS
We may use your deposit to pay any amounts owed to us under this Agreement.
DRIVERS LICENSE
All drivers must present a valid driver`s license. No exceptions. A passport does not suffice.
EARLY RETURN
You may return the vehicle early, though no refund will be provided without prior notice and approval.
FUEL/CHARGING
You are responsible for all charging costs during your trip. For Teslas, we get billed automatically and add it to your bill at the end of your trip. For other vehicles, you are responsible for paying for the charging as you go.
INSURANCE
We collect personal auto insurance information for all guests—proof of personal auto insurance is mandatory. At this time, we do not offer insurance plans and each driver must have full auto coverage that covers rental cars.
You are responsible for all damage or loss you cause to others. You agree to provide auto liability, collision and comprehensive insurance covering you, us, and the Vehicle. Where state law requires us to provide auto liability insurance, or if you have no auto liability insurance, we provide auto liability insurance (the “Policy”) that is secondary to any other valid and collectible insurance whether primary, secondary, excess or contingent. The Policy provides bodily injury and property damage liability coverage with limits no higher than minimum levels prescribed by the vehicular financial responsibility laws of the state whose laws apply to the loss. You and we reject PIP, medical payments, no-fault and uninsured and under-insured motorist coverage, where permitted by law. The Policy is void if you violate the terms of this Agreement, or if you fail to cooperate in any loss investigation conducted by us or our insurer.
MILEAGE
We offer unlimited mileage.
MISCELLANEOUS
A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.
MODIFICATIONS
No term of this Agreement can be waived or modified except by a writing that we have signed. If you wish to extend the rental period, you must return the Vehicle to our rental office for inspection and written amendment by us of the due-in date. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void.
NO-SHOWS
If you make a reservation and do not show up without providing notice, then you will be charged in full for the trip.
ONE-WAY
We do not currently offer one-way rentals.
OVERSTAY
You may not keep the vehicle past the scheduled end of the rental. If you do, you will not only be charged for the extra time you keep it, but also an additional fee. Any vehicle kept longer than 72 hours past its scheduled trip end is considered stolen under Colorado state law.
PICKUP/DROP
Good news! We don’t have a rental counter at which you’ll need to wait. Go straight to the vehicle assigned to you, message us, and we will remotely unlock the vehicle for you. Voila! This is also true at return–just bring the vehicle back on time, message us that you’ve done so, and be on your merry way.
REFUNDS-EARLY RETURNS
No refund for early returns without advance notice and approval.
RENTAL, INDEMNITY AND WARRANTIES
This is a contract for the rental of the Vehicle. We may repossess the Vehicle at your expense without notice to you, if the Vehicle is abandoned or used in violation of law or this Agreement. You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental and your use of the Vehicle. We make no warranties, express, implied or apparent, regarding the vehicle, no warranty of merchantability and no warranty that the vehicle is fit for a particular purpose.
RESERVATION HOLD TIME
We will hold a reserved vehicle for three (3) hours past its scheduled trip start, unless you notify us of a delay.
RESPONSIBILITY FOR DAMAGE OR LOSS; REPORTING TO POLICE
You are responsible for all loss or theft of, or damage to, the Vehicle, which includes the cost of repair, or the actual cash retail value of the Vehicle on the date of the loss if the Vehicle is not repairable or if we elect not to repair the vehicle, plus loss of use, diminished value of the Vehicle caused by damage to it or repair of it, and our administrative expenses incurred processing the claim. You must report all accidents or incidents of theft and vandalism to us and the police as soon as you discover them.
SMOKING
NO SMOKING or VAPING in any vehicle. Any vehicle that even smells of smoking or vaping will incur a charge up to $500. Just don’t smoke in or even near the vehicle. Do not transport marijuana or other drugs across state lines.
TOLL ROADS AND FEES
You are responsible for all tolls and fees, including tickets, incurred during your trip, unless it is for something completely out of your control, such as an expired license plate tag.
TRAVELING OUTSIDE COUNTRY
You may not take the vehicle outside the United States.
YOUR PROPERTY
You release us, our agents and employees from all claims for loss of, or damage to, your personal property (including a vehicle) or that of any other person, that we received, handled or stored, or that was left or carried in or on the Vehicle or in any service vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.
