Term & Condition

TERMS AND CONDITIONS FOR HIRING THE VEHICLE Copyright © 2019 EVO RENTALS PRIVATE LIMITED
a company incorporated in India and having its registered office at No., 4th Floor No 22, Salarpuria Towers-1,Hosur Road,Koramangala,Bangalore-95 , (hereinafter referred to as "Evo" which expression shall, unless repugnant to the context or meaning thereof deemed to include their executors, administrators, legal representatives and assigns) of the First Part and the Hirer ( You) (whosoever take on hire the Electric scooter/bike owned and operated by the Evo). Evo and Hirer are collectively referred to as "Parties" and individually as "Party". These terms and conditions govern all the regulations, rights, terms and conditions between the Parties. The term Hirer means 'You' and, unless repugnant to the context or meaning thereof deemed to include Riders of the vehicle as authorized by you, your executors, administrators, legal representatives and assigns. If Hirer is not the Rider of the Vehicle, it is Hirer's obligation to ensure that the Rider of the Electric scooter/bike shall follow the terms strictly. Any failure from the Rider to follow the terms of this agreement shall make the hirer liable.
If Evo notices at any time of the relationship that the Hirer/Rider, has committed or convicted or has pending charges or allegation of commission of offences, be it traffic norms or any other offences, then Evo can terminate this agreement and decline to offer any of our services and take back possession of the vehicle at any point of time. By accepting the terms and conditions you will be legally bound to follow all the below mentioned terms and conditions during your relationship with Evo. Without your acceptance of the terms and conditions, Evo shall not be able to give on Hire anyElectric scooter/bike. If you, disagree to any of the terms of this agreement, please refrain from hiring the Electric scooter/bike.
PREAMBLE WHEREAS Evo is in the business of providing Electric two-wheelers on hire.
WHEREAS the Hirer is eager to avail the services and take on hire a Electric scooter/bike and he has filled the online form containing his address and contact details, and uploaded / or agreed to provide the identity proof, and other required details. The Hirer has booked Electric scooter/bike (hereinafter referred to as the "Vehicle") by selecting the appropriate column in the Booking form. Hirer has chosen the expected time of Hire, Date of Hire, and filled/ selected carefully in Booking form. Hirer understood the tariffs and rates applicable. The Vehicle covers insurance for the risks listed in the Insurance policy taken by the company.
ASSURANCE BY THE HIRER It is agreed that all risks associated during the custody of the vehicle is with Hirer. It is more specifically agreed further that in cases where vehicle is used in a manner which is not permitted under law or is in violation of any law, Hirer should assume absolute liability and Indemnify the owner from all statutory and other liabilities cast upon him.
1. TERMS AND CONDITIONS
The Hirer shall abide by the following
a) The Vehicle shall be used fully complying with the Motor Vehicle laws, rules notifications, and other general laws.
b) The driver of the vehicle will have a valid driving license and a copy of the driving license of the rider will be provided to Evo.
c) Rider shall follow all safety precautions including wearing of helmet that is mandated under the Motor Vehicle Act. Hirer is aware of the all the rules mentioned in the Motor Vehicle Act and refrain from; i) Ride with more than one person as pillion is prohibited.
ii) Use / ride the vehicle under the influence of alcohol/drugs is prohibited.
iii) Ride while using electronic gadgets like radio/ music, video , camera, phone by the rider or the pillion.
iv) Using vehicles to carry unlawful/ hazardous or prohibited material.
v) Using any fuel other than how it is prescribed for the model d) The Rider shall follow speed limitation, traffic rules or directions of the police or other enforcement agencies. If there is any violation of a traffic rule or any other law such as, over speeding, jumping a signal, riding with two pillions, riding without a helmet, parking illegally etc., the member has to pay all the fines/penalties. If any case is registered by the police authorities against Evo, being the owner or permit holder of the vehicle, the Hirer has to compensate Evo all costs, fines and legal fees incurred.
e) If the rider over speeds beyond the limit set as per the traffic rules or any other laws, Evo shall not protect the hirer from any loss or damage to the vehicle, himself and the third party through the insurance that it has and the hirer shall personally be liable for all the loss or damages caused. f) Evo shall also have the right to blacklist the rider at its discretion.
g) The Vehicle shall not be used for transportation of goods and should not carry any luggage more than what is stipulated under any provisions of law. h) The Vehicle shall be returned at the time date mentioned in the Booking form without any damage.
i) If there is any damage to vehicle, Evo can charge the amount equal to cost of the Electric scooter/bike/cost of repairing the Electric scooter/bike that is not covered by the Insurance Company and additionally loss of revenue if any to Evo. In the event of an accident, Evo shall claim Insurance only if the estimated damage is more than Rs.5000 .The Hirer shall be liable to pay the full value of damages, if its below the said limits. In case of the damage being more than the said limits, the hirer has to pay a deposit of Rs.8000.Evo shall claim Insurance and the differential amount between the amount settled and the Invoice amount shall be adjusted from the above deposit. The hirer shall also be liable for loss of rental during the period the vehicle was down. The hirer shall also provide a written statement explaining the incident of the accident along with clear details of the location, time, third party/property damage, police complaints resulting from such accident. The hirer on return of the ride shall also provide a crossed cheque in the name of Evo rentals Pvt Ltd which shall be used to settle the amount that is not approved by the Insurance Company and Loss of Rental. The hirer shall not issue stop payment request to his banker on such cheque issued. The Cheque will be returned if the hirer chooses to settle in any other mode of payment.
j) i. vehicle shall be dropped in entered drop location only. Any deviation from this might lead to a penalty. Also, vehicle should be used within the city limits as defined by Evo. Any vehicle dropped outside of these limits will lead to a penalty of upto Rs 2000
ii. For hourly rentals under Flexi plan the Vehicle can be used only in the area selected in the Booking form if the Hirer/ Rider is using the vehicle beyond the areas then the same shall be intimated in advance by writing.
k) All accidents, damages to vehicle, summons or notices issued by police or by court in relation to acts while the vehicle was under the custody of the Hirer shall be intimated within one Hour of such incident to info.evorentals@gmail.com The Hirer shall also report in writing, the entire events in minutest detail regarding the accident. Any police cases shall be reported to Evo immediately. Any misstatement or concealment is an offence. Evo shall not protect the hirer with the its insurance if the hirer doesn't follow the above instructions.
l) If any authority has penalized or fined, the driver or the vehicle owner in relation to Rider's usage of the Vehicle or while in his/her custody, the Hirer shall pay the compensation of such penalty awarded by such authority along with legal costs to Evo
m) The Hirer has verified the condition of the Electric scooter/bike before hiring and is satisfied with the condition of the Vehicle. The Hirer shall not hold Evo or any other person associated, responsible for any loss of life or property due to the condition of the Vehicle. Also, in cases of flat tyre (Puncture), Evo shall not be responsible for refund of any kind incurred to fix the same.
n) Hirer/ Rider can not use the vehicle for any type or speed contests or competitions or racing and adventurous activities. You shall not use the Vehicle for Any or all type of stunts causing danger to yourself or to the pillion or fellow travellers/public.
o) Use of the Vehicle in any manner that causing excessive wear and tear to the vehicle parts is prohibited.Evo shall penalize the hirer if it is found that the hirer has caused excessive wear and tear to the vehicle.
p) Attaching any external fixtures or fittings to the Vehicle is not allowed. You are not allowed to do any repairs, replacement of any item of the Vehicle.
q) Hirer will compensate the company for all damages caused to the Vehicle. In case of accidents to the Vehicle the cost of towing the vehicle from the place of accident to the service station and all other Amounts that are not approved by the insurance company, which includes damage to the property of third party and third party have to be paid by the Hirer. r) If the accident or damage to the vehicle has caused due to violation of any rules or riding requirements mentioned herein, then the Hirer has to give the entire cost of repair of the vehicle, damages caused to third parties and compensation required to be aid to the victim.
s) Penalty for delay in returning the Electric scooter/bike*: All Electric scooter/bike are due back at the time and day agreed as per the booking form. If the hirer returns the Electric scooter/bike beyond the time specified in the booking form he shall be charged one day's rental as penalty. If you suspect that you will be late, please extend your reservation in www.evorentals.com to avoid the penalty. We will not be able to extend if there's another confirmed reservation for the period.
t) Cancellation policy*: If you cancel the booking the refund would be made as per the following schedule- i. Less than 24 hours in case before the scheduled date of Hire-- No refund ii. One day before under Daily weekly & monthly Rental plan 90% Refund iii. More than two weeks before the scheduled date of Hire -- 95% refund -->.
If we cancel the booking due to break down, non availability of the Electric scooter/bike or any other reason then we provide 100% refund of the rentals received.
u) If a confirmed Item/bike is unavailable post confirmation of the order, We will inform you of such unavailability, however there would be times when such an information would not be possible due to fact its beyond our control, In which case:
(i) If You have made the payment: You will be entitled to cancel the order and refund of amount paid for the Services.
v) We reserve Our sole right to cancel Your booking if*:
(1) You don’t turn up on time to pick up the vehicle.
(2) Service.
(4) Unavailability of the items/Electric scooter/bike ordered/ booked.
(5) Failure due to reasons beyond Our reasonable control, due force majeure events including but not limited to acts of God, floods, fire, earthquake, acts of terrorism, war, strikes, legislation or restriction by any government or other authority, etc.
Also that we operate with machines i.e. Electric motor cycles which might break down or the previous user might not turn up on time or there can be an accident which has resulted in the Electric scooter/bike not being available. In these situations but not limited to the ones mentioned, refund to the extent of money received would be made. [If We cancel the order in any of the above circumstances, then Clause v to the extent applicable shall apply.]
w) Crossing the city limit:The rider has to inform Evo in advance whenever he is intending to beyond city limits. The rider has to ensure that he takes the necessary approval at the check post and pay the permit fee before he enters the other state. Evo will not be responsible for any damage to life and property if the necessary permits are not taken while entering another city. Evo Insurance will also not be valid if the necessary permits are not taken by the rider while crossing the city limits.
x) Documents to be submitted *:The following would be the documents that need to be submitted for renting the Electric scooter/bike
Valid driver's license to ride a motor-vehicle with or without gear, in India. (For international visitors, a valid driving license from their home country with International Driving Permit is necessary along with a valid Visa. Original to be brought, copy will be retained for record.)
1. A copy of Original Aadhar Card (OR) .
2. 1 Rupee swipe with either your debit or credit card (not mandatory if condition (1) is satisfied.)
If you're a student, following are the documents to be submitted, in addition to a valid Driver's license-
1. Original College ID
2. Original Aadhar card
Note: Evo reserves the right to hold back the booking if the documents submitted are not satisfactory.
y) Age limit: Hirer shall ensure that rider has to be at least 18 years of age to ride the Electric scooter/bike.
z) Mechanical failure/breakdown/cleanliness/maintenance during the ride *: In case of a breakdown, the Rider/ Hirer has to immediately intimate Evo about the same and the location and kind of defect. Evo will send a mechanic or provide a necessary guidance to repair or rectify the fault so that you can get on with your ride as soon as possible. However, Evo is not assuring a definite timeline for repair, the same is depending on the location of the vehicle and kind of failure of the vehicle, availability of the mechanic, spare parts etc. As mechanical failure is unpredictable and Hirer is hiring the vehicle with complete knowledge that it is susceptible for mechanical failure of breakdown.
za) If not covered by the insurance of the vehicle, Evo is not responsible for any damage to, loss or theft of, any personal property belonging to Hirer, or for delay due to mechanical failures, accidents due to mechanical failures, regardless of fault or negligence of the vehicle or Evo.
2. General Terms relating use of the Vehicle
- Carbon Meter value shown is just approx value based on some calculations which were mentioned on some websites. This are not exact values.
- The Hirer has to pick up the Electric scooter/bike from the location that is specified in his booking order and has to return the motorcycle in the same working condition as before at the same location in time.
- The Hirer is strongly advised to inspect the Electric scooter/bike before riding them for any physical or noticeable mechanical defects or flaw found on/in the Electric scooter/bike. The Hirer has to bear all the cost of replacement pertaining to any damage to the vehicle loss of tools and spare parts kept in the vehicle. Any type of damage happened to the Electric scooter/bike during the ride should be intimated to Evo while returning the vehicle.
- The Rider is duty bound to inform Evo, if he/she notice any abnormality in riding comfort, conditions, maneuverability, excess vibrations, uneasiness etc. - If scooter Electric/bike is stolen during your trip, then you have to immediately inform the local authorities as well as Evo without any delay. An FIR shall be filed with the local Police Station. Evo shall provide all necessary assistance and the hirer shall provide complete co-operation to fulfill the formalties.
3. PRIVACY
Evo respects privacy of Hirer as far as possible. Hirer however agree that the following personal information of the Hirer and the Rider could be used by Evo for the following. The personal information that will be collected and used: a)The name, b) address, c) contact numbers, d) email id, e) gender f) age, g) driving license details h) address proof and i) identity proofs. The information should be used for the following. a) share with relevant government agencies if asked to furnish any data. b) to render support in case of an accident or hospitalization with local people, police, social workers, mechanic, hospital, relatives or friends of the Hirer/ rider necessary to get support in case of any accident to the person c) use this information for promotional purposes, giving offers and benefits given to the customers of Evo, d) inform you the developments in the business, e) sell items and goods offered by Evo f) analyse the use patterns for providing better business offerings.
- In order to avoid theft of our scooter Electric/bike we obtain the location of each and every Electric scooter/bike that is in the field. Please note that in this process Evo could identify your location in a given point of time.
4. PROMOTION
i) Promotion with our platform
a. The coupon code can be used for multiple bookings till the end of specified time or date
b. No maximum cap on the discount amount
c. This coupon code cannot be combined with any other offers of Evo

d. Applicable only on Rentals and not on other services of Evo
ii) Referral bonus, signup bonus and cashback*
The wallet balance gathered by referral bonus, signup bonus and cashback offers is termed promotional balance and it can be redeemed for equivalent numerical value of the rental amount.
iii) Helmet:
a. Evo Rentals Pvt Limited will not be liable for the quality of the helmets provided . The company will thus not be liable for any damages or claims made.
b.helmet has to be returned in usable condition. Evo Rentals Pvt Limited or its representative reserves the right to decide if the returned helmet is eligible for a time if condition is not satified.
e. In case the helmet is not returned, the time will be charged accroding to fee policy of Evo.
5. UNDERTAKING AND INDEMNITY :
a) The Hirer hereby undertakes and acknowledges that any claim, damages, liabilities that may arise during the custody of the vehicle by the Hirer shall be his/her own responsibility and if any such claims arise against the owner of the Vehicle, the same shall be defended at the cost of the Hirer, and if any court, magistrate, police, executive, or judicial action imposes any penalty, fine, damages, or compensation in relation to the use of the vehicle by the Hirer or for any other incident that happens while the Vehicle is under the custody of the Hirer, shall be paid or borne by the Hirer. The responsibility of the Hirer for such claims includes claims from third parties, passengers or himself/herself or their respective legal heirs for all activities that are undertaken while the vehicle is in the Hirer's custody.
b) The Hirer shall, at its expense, defend, indemnify, and hold Evo and its officers, directors, agents, employees, and consultants harmless for damages, liabilities, claims, losses, costs, demands, suits, actions, and reasonable expenses (including attorneys' fees and settlement costs) (collectively, "Damages") arising out of or related to any suits or claims by a third party brought against Evo regarding any actions or inactions alleged or arising out of the use or non-use of the vehicle while under the custody of the Hirer.
c) Despite any provisions in the Motor Vehicles Act or rules, the Hirer has assumed the above liability and agreed to indemnify the owner for all liabilities on the owner of the vehicle in relation to the use of the vehicle by the Hirer any one under him or while the vehicle is in his/her custody.
d) The Hirer undertakes the responsibility of any damage, theft, loss of property or any part thereof involving the vehicle during his/her custody. Any expenses incurred for repairing or replacing the Vehicle for such damages, theft, or loss shall be borne by the Hirer.
e) The rights granted to the Hirer under this Agreement are not assignable or transferable, in whole or part. The hirer is allowing another rider to ride the vehicle, then details of the Rider should be intimated to Evo in advance with copies of his/her driving license.
6. OFFERS AND PROMOTIONS:
Evo) reserves the right to suspend your account and/or revoke any and all promotions or credits at any time if we feel they were earned inappropriately or in violation of the applicable promo code terms or the terms of service applicable to you.
Offers and promotions credits usage and validity terms and conditions can be updated without any prior notice by Evo. The terms and conditions valid while booking the Electric scooter/bike will be applicable and will precedent all previous terms and conditions.
Reward Points have a validity period of 60 days from the date of credit (including the date of credit).
7. NO AGENCY: Hirer will never be deemed to be Evo's agent, servant, or employee in any manner for any purpose whatsoever.
8. DISPUTE RESOLUTION / ARBITRATION
In the event of any dispute or difference arising between the parties with regard to the rights and obligation under this agreement or as to any claim, monetary or otherwise or as to the interpretation and effect of any terms and conditions of this agreement, the same shall be referred to arbitration; and such Arbitration shall be governed by the Indian Arbitration and Conciliation Act, 1996 for the time being in force. The venue for such Arbitration shall be Bangalore, India.
9. GOVERNING LAW & JURISDICTION :
This terms and conditions and any disputes or claims arising out of or in connection with its subject matter are governed by and construed in accordance with the laws of India and the Courts of Bangalore shall be the competent court of jurisdiction.
10.Fee Policy