1. These Terms and Conditions, the rental document signed by you, and a return record with computed rental charges together constitute the rental agreement between yourself and Las Vegas EV, LLC, dba EVolve Rentals, or the independent EVolve Rentals System Licensee identified on the rental document (“EVolve Rentals”).
2. You rent from us the car described on the rental document, which rental is solely a bailment for mutual benefit. You agree to the terms below, provided any such term is not prohibited by the law of a jurisdiction covering this rental, which case such law controls. “You” and
“your” refer to the person who signs this agreement, “we”, “our” and “us” refer to Avis. You also agree that you are not our agent for any purpose; and that you cannot assign or transfer your obligations.
3. Changes. Any change in this rental agreement or our rights must be in writing and signed by an authorized EVolve Rentals officer. You further agree that we have the right to change these Terms and Conditions from time to time either upon written notice to you, in paper or electronic form, or upon our posting such changes on the EVolve Rentals website. Such changes will apply to rentals that you reserve after such notice has been given,
as indicated by the date of such notice if sent in written form, or the date such changes are posted on the EVolve Rentals web site, which date will be indicated therein. Changes to the Terms and Conditions will be posted as they occur on the EVolve Rentals web site at evolvecarrentals.com/termsandconditions and will govern all rentals even if the terms provided at time of enrollment are different.
4. Meaning of Car. The word “car” means the vehicle rented to you or its replacement and includes tires, tools, equipment, accessories, plates, and documents, unless otherwise explicitly specified in this rental agreement.
5. Who May Drive The Car. You represent that you are a capable and validly licensed driver. You agree that we have the right to verify that your license has been validly issued and is in good standing; and that we may in our sole discretion refuse to rent to you if your license has been suspended, revoked, otherwise restricted in any way. We reserve the right to deny rentals based upon information about your license status or driving record provided by the Motor Vehicle Department of the jurisdiction that issued your license or any other reliable source in the business of validating an identity. Except where otherwise specifically authorized by applicable law, only you, your spouse
or domestic partner, or, if you rent from us under your employer’s corporate account agreement, your employer or a regular fellow employee incidental to business duties may drive the car, but only with your prior permission. The other driver must be at least 21 years old and must also be a capable and validly licensed driver. There may be a charge for each additional driver authorized to drive the car, which will be specified on the rental document.
6. Return of the Car. You agree to return the car to us in the same condition you received it, ordinary wear and tear excepted, on the date, at the time, and to the location specified in the rental document. You must return it sooner on our demand. If you return it earlier or later, a different or higher rate may apply and, if returned later, you may also be charged a late return fee. You may not return the car at a time when we are closed. If you do, your responsibility for damage to or loss of the car will continue and all charges stated on the rental document as a periodic rate will continue to accrue until the return location reopens and we retake actual possession of the car. If we do not find the car when that location reopens, your responsibility for all charges and for damage to or loss of the car will continue until the car is actually returned or recovered. If you wish to extend any rental you must contact us at 1-855-5RENTEV to request it before your return date. We may or may not grant an extension or decline to grant it for the entire period you request, in our sole discretion. If we do grant an extension a different or higher rate may be applied to the extension period and a service fee may also apply
7. Where You’ll Return the Car. The car must be returned to the agreed return location as specified on the rental document. If return is indicated to a location other than the location where your rental commences, you may have to pay a “one way service fee.” If you return the car to a different location from the agreed return location without our permission, you agree to pay the “Unauthorized return location fee” specified by us.
8. Rental Charges. You will pay for the number of miles you drive and the period of time you rent the car at the rate indicated on the rental document, or your applicable corporate rate. The minimum charge is one day (24 hours), unless “calendar day” is indicated on the rental document, plus mileage, or a fixed fee. We will determine the miles by reading the factory-installed odometer. The daily charge applies to consecutive 24-hour periods starting at the hour and minute the rental begins or, if a calendar day is specified on the rental document, each consecutive calendar day or any part of a calendar day starting on the calendar day on which the rental occurs. If you fail to comply with any conditions for special rates specified on the rental document our otherwise applicable rates will be charged. You’ll pay all charges that apply to the rental for miscellaneous services and, where permitted, airport facility fees and/or concession recovery fees, vehicle license recovery fees, other fees and surcharges.
a. If you present any rewards certificates, coupons or vouchers associated with a loyalty rewards program, you may be charged a redemption fee.
b. You will also pay a reasonable fee for cleaning the car’s interior upon return for excessive stains, dirt or spoilage attributable to your use as determined solely by us.
c. If key card(s) are not returned with the vehicle, you may be charged an additional fee.
d. We maintain a non-smoking fleet. You will pay an additional charge if you return the car and it smells of smoke (cigarettes and/or marijuana).
e. You and any third party to whom any rental charges are billed, such as an insurer or employer, are jointly and severally responsible for payment of all such charges. If you direct us to bill any such charges to a third party, you represent that you are authorized to do so.
f. If you use a car with automatic toll payment capability, you will pay us or our toll program administrator, with whom we will share rental and all your credit card/debit card information, for all tolls incurred during your related fees, charges and penalties. You will also pay a toll convenience fee for every day of the rental once you have passed through the toll. The charges may take 4-8 weeks after the rental to be billed to your credit/debit card on file. Any other use will be viewed as an unlawful use and theft of services for which Avis can pursue legal remedies, including, but not limited to, reasonable attorneys’ fees and costs.
9. Taxes. You’ll also pay all applicable taxes as well as any additional charges provided on the rental agreement which are over and above the base rental rate. These may be surcharges and or recovery fees to recover certain costs.
10. Card Reserve. You acknowledge that you have been informed that if you use a charge card, your credit, up to an amount of the estimated total charges due under this Agreement, as indicated on the rental document, based on your representation about this rental, maybe set aside or reserved by the card issuer of the card, which you present for payment of your rental charges; or, if you use a debit card funds in the account to which that card is linked may be set aside for the greater of the amount of the estimated total charges due under this Agreement, based on your representation about this rental, as indicated on the rental document or the deposit amount indicated on signs at the location at which you rent at the time of rental. You consent to the reservation or setting aside of that estimated total amount at the time of commencement of the rental. You understand that we will authorize the release of any excess reserve or set aside upon the completion of your rental, and that your card issuer’s rules apply to your credit line or your account being credited for such excess and may not be immediately released by your card issuer.
11. Repossessing the Car. We can repossess the car at any time in our sole discretions for reasons that include, but are not limited to the following: it is found illegally parked, being used to violate the law or the terms of this agreement, or appears to be abandoned. You agree that we needn’t notify you in advance. If the car is repossessed, you agree to pay the actual and reasonable costs incurred by us to repossess the car. You agree that such costs will be charged to the card you used to rent the car.
12. Damage to/Loss of the Car. If the car is lost or damaged as a direct or indirect result of a violation, or damaged as a result of an act of nature, you are responsible and you will pay us for all loss of or damage to the car regardless of cause, or who, or what caused it. If the car is damaged, you will pay our estimated repair cost, or if, in our sole discretion, we determine to sell the car in its damaged condition, you will pay the difference between the car’s retail fair market value before it was damaged and the sale proceeds up to the amount specified by law, or if in our sole discretion, we determine to sell the car in its damaged condition, you will pay the lesser of the difference between the car’s retail fair market value before it was damaged and the sale proceeds up to the amount specified by law. If the car is stolen and not recovered you will pay the car’s fair market value before it was stolen. Depreciated book value may be higher than retail fair market value. Where permitted by law, you authorize us to charge you for the actual cost of repair or replacement of lost or damaged items such as glass, mirrors, tires and antenna, as part of your rental charges at the time of return. If the car is stolen and not recovered you will pay us the car’s fair market value before it was stolen. As part of our loss, you’ll also pay for loss of use of the car, without regard to our fleet utilization, plus an administrative fee, plus towing and storage charges, if any (“Incidental Loss”). If your responsibility is covered by any insurance, credit card benefit, travel insurance or such other insurance or benefits, you authorize us to contact the benefit provider directly on your behalf and assign all of your benefits directly to us to recover all consequential and incidental damages including, but not limited to the repairs of the vehicle plus diminished value or the fair market retail value of the car (less salvage value plus costs incurred in the salvage-sale), and all loss of use, towing, storage and administrative fees. If we collect our loss from a third party after we have collected our loss from you, we will refund the difference, if any, between what you paid and what we collected from the third party. If the law of a jurisdiction covering this rental requires conditions that are different than the terms of this agreement, such as if your liability for ordinary negligence is limited by such law, that law prevails. You understand that you are not authorized to repair or have the car repaired without our express prior written consent. If you repair or have the car repaired without our consent, you will pay the estimated cost to restore the car to the condition it was in prior to your rental. If we authorize you to have the car repaired, we will reimburse you for those repairs only if you give us the repair receipt.
13. Prohibited Use of the Car. Certain uses of the car and other things you or a driver may do, or fail to do, will violate this Agreement and, in addition to anything else may cause us to cancel your EVolve Rentals reservation. A VIOLATION OF THIS PARAGRAPH, WILL AUTOMATICALLY TERMINATE YOUR RENTAL, and IS AN EXCLUSION TO AND VOIDS ALL LIABILITY PROTECTION AND ANY OPTIONAL SERVICES THAT YOU HAVE ACCEPTED, INCLUDING BUT NOT LIMITED TO ADDITIONAL LIABILITY INSURANCE, PERSONAL ACCIDENT INSURANCE, PERSONAL EFFECTS PROTECTION, EXTENDED ROADSIDE ASSISTANCE, EMERGENCY SICKNESS PROTECTION. IT ALSO MAKES YOU LIABLE TO US FOR ALL PENALTIES, FINES, FORFEITURES, LIENS AND RECOVERY AND STORAGE COSTS, INCLUDING ALL RELATED LEGAL EXPENSES, FEES AND COSTS THAT WE MAY INCUR.
It is a violation of this paragraph if:
14. Supercharger Service Charges. Most rentals come with a full tank of fuel, but that is not always the case.
Where available, if permitted by law, if you drive less than 75 miles, you acknowledge that we will add a flat fee to the rental, the amount of which will be disclosed on the rental document and at the counter prior to rental. You may avoid this charge at time of return by providing a receipt for fuel purchased at which time the flat fee will be reversed from your total rental charges.
If you do not accept the Supercharger option, where available, at the beginning of your rental, and you return the car with less fuel than was in it when you received it, we will charge you a charging service charge at the applicable rate per-mile rate specified on the rental document. The per-mile rate is used if you do not buy charging during the rental. To calculate this amount, we multiply the number of miles driven, as shown on the car’s odometer, times the per-mile rate shown on the rental document. Although this method is used for ease of calculation, the per mile rates produce approximately the same result. Some of our vehicles are equipped with onboard telematics which records the actual amounts of charging from the Tesla Supercharger. If you accept the charging service option at the beginning of your rental, you will be charged as shown on the rental document for that purchase and you will not pay us a charging service charge. If you choose this option, you will not incur an additional fuel service charge, but you will not receive any credit for Supercharging left at the time of return. The cost of charging the car yourself at a Tesla Supercharger may be lower than EVolve Rentals charging the return of the car ourselves. You acknowledge that the charging is not a retail sale of electricity. You may avoid a charging fee if you return the car with the charging limit as to when you received it.
15. e-Toll. If you do not pay cash for tolls or the roadway does not accept cash payment you automatically opt into our e-Toll service, pursuant to which you agree to pay us or our toll program administrator, with whom we will share your credit card/debit information, for all tolls incurred during your rental and all related fees, charges, and penalties. Under the e-Toll program, once you pass through an electronic toll, you will pay a convenience fee of $3.95 for each day of the entire rental period, including any days on which e-Toll is not used, up to a maximum of $19.75 per rental month, plus incurred tolls at the maximum prevailing rates posted by the toll authority. You can avoid the convenience fee and any other charges by paying the toll in cash, using your electronic toll device, or avoiding any cashless toll road or passage. The charges may take 4-8 weeks after the rental to be billed to your credit card/debit card on file.
16. Fines, Expenses, Costs, and Administrative Fees. You’ll pay all fines, penalties, and court costs for parking, traffic, toll, and other violations, including storage liens and charges. You will also pay a reasonable administrative fee with respect to any violation of this agreement, such as for repossessing or recovering the car for any reason.
You agree we may, in our sole discretion, pay all tickets, citations, fines, and penalties on your behalf directly to the appropriate authority and you will pay us for what we paid to the appropriate authority or their designated agents plus a reasonable administrative fee. You agree and acknowledge that we cooperate with all federal, state, municipal, and local officials charged with enforcing these infractions to provide any information necessary as they may request or may otherwise be required.
You authorize us to release the rental and credit/debit card information regarding your rental to EVolve Rentals for the purpose of processing and billing you for any tickets, citations, fines, and penalties incurred by you or assessed against us or the vehicle during your rental plus a reasonable administrative fee not to exceed $50 per violation. You authorize EVolve Rentals to bill you directly to the credit/debit card you used to rent the vehicle. You authorize EVolve Rentals to contact you directly regarding any tickets, citations, fines, and penalties incurred by you or assessed against us or to our vehicle while the vehicle was rented to you.
In the event, we use a third-party collection and or administrative agent to resolve any tickets, citations, fines, and penalties, you agree to pay all costs and collection fees including but not limited to administrative and legal costs to such agent upon demand without protest. You agree to indemnify and hold us and EVolve Rentals harmless for any tickets, citations, fines, penalties, and administrative fees.
17. Roadside Assistance. Roadside assistance is available to all renters. In some instances, you may purchase added protection under Extended Roadside Assistance to cover potential costs associated with lost keycards, remote entry devices, lockouts, flat tires, towing (if the car becomes inoperable), and jump-starts. If you do not purchase the Extended Roadside Assistance in advance, you may incur added costs for providing the above-referenced services. When paying in advance for Extended Roadside Assistance, you will pay for any full or partial day.
18. Liability Protection. Anyone driving the car who is permitted to drive it by this agreement will be protected against liability for causing bodily injury or death to others or damaging the property of someone other than the authorized driver and/or the renter up to the minimum financial responsibility limits required by the law of the jurisdiction in which the accident occurs. The limit for bodily injury sustained by any one person includes any claim for loss of that person’s consortium or services. Where the law extends this protection to a non-permitted driver, the same limits will apply. Except where required by law to be primary or excess, any protection provided by us shall be secondary to, and not in excess of, any applicable insurance available to you, or any other driver, from any other source, whether primary, excess, secondary or contingent in any way. If this protection is extended by operation of law to anyone not permitted by this Agreement to drive the car, or to any person or instance where coverage is not intended to be afforded by this Agreement, the financial responsibility limits of the jurisdiction in which the accident occurred will apply. You agree that we can provide coverage under a certificate of self-insurance or an insurance policy, or both, as we choose. In any case, a copy of the policy and/or certificate will be available for your inspection at our main office. You understand that unless required by applicable law, we will not provide (a) coverage for fines, penalties, punitive or exemplary damages; (b) coverage for bodily injury to you, or your death while not a driver, or any member of your family or the driver’s family-related by blood, marriage or adoption residing with you or them; or the drivers family, or to a fellow employee arising out of or in the course of employment; (c) defense against any claim, unless we are required to provide primary protection but in such event not after the applicable limits of protection that we furnish are tendered; (d) supplementary no-fault, noncompulsory uninsured or underinsured motorist coverage, and any other optional or rejectable coverage and you and we reject all such coverages to the extent permitted by law. Where any of these coverages are required or implied by law, the limits will be the minimum required under the applicable statute. Where permitted by law, you are rejecting uninsured or underinsured motorists and all optional automobile insurance coverages and under any policy of insurance or certificate of self-insurance in connection with this agreement, for you and all other passengers in the car. You understand that uninsured and underinsured motorist coverage protects you and other passengers in a car for losses and damages suffered if the injury is caused by the negligence of a driver who does not have any insurance or has insufficient insurance to pay for losses and damages. There is no coverage in Mexico, and the car may not be taken into Mexico under any circumstances.
How do I report a claim?
If you are involved in an accident, you must complete an accident report and deliver it to the EVolve Rentals location. In order to make a claim or give notice of a claim, send written notice to:
6543 S Las Vegas Boulevard
Las Vegas, NV 89119
19. Indemnification and Waiver. You shall defend, indemnify, and hold us, our parent and affiliated companies harmless from all losses, liabilities, damages, injuries, claims, demands, awards, costs, attorney fees, and other expenses incurred by us in any manner from this rental transaction or from the use of the car by you or any person, including claims of, or liabilities to, third parties. You may present a claim to your insurance carrier for such events or losses; but in any event, you shall have the final responsibility to us for all such losses. You waive any claim against us for incidental, special, or consequential damages in connection with the rental. If the rental takes place at a location operated by EVolve Rentals and a claim relating to this transaction is made against Las Vegas EV, LLC dba EVolve Rentals, that alleges unfair, deceptive or unconscionable conduct that renting Las Vegas EV, LLC agrees to indemnify and hold EVolve EV Rentals, LLC, harmless from and against such claim, including the related costs and expenses.
20. Property in the Car. We are not responsible for loss of or damage to any property in or on the car, in any service vehicle, on our premises, or received or handled by us, regardless of who is at fault. You’ll be responsible to us for claims by others for loss or damage.