Hawaii Revised Statutes
437D. Motor Vehicle Rental Industry
437D-5 Rental agreements; damage waivers.

§437D-5 Rental agreements; damage waivers. (a) Each rental agreement that contains a damage waiver shall disclose, at a minimum, in plain language and in at least ten-point boldface type, the following information:
(1) That the damage waiver is optional;
(2) That the damage waiver entails an additional charge;
(3) The actual charge per day for the damage waiver;
(4) All restrictions, conditions, and provisions in or endorsed on the damage waiver;
(5) That the lessee may already be sufficiently covered and should examine the lessee's personal automobile insurance policy to determine whether it provides coverage for damage and the amount of the deductible;
(6) That by entering into the rental agreement, the lessee may be liable for damage to the rental motor vehicle; and
(7) The acknowledgment described in section 437D-11.
(b) The rental agreement shall not contain an unreasonable restriction, condition, or provision in or endorsed on a damage waiver. The damage waiver shall not exclude damages caused by ordinary negligence on the part of the lessee. [L 1988, c 251, pt of §2; am L 2009, c 148, §3]

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 25. Professions and Occupations

437D. Motor Vehicle Rental Industry

437D-1 Short title.

437D-2 Scope.

437D-3 Definitions.

437D-4 Rental agreements; delivery to director.

437D-5 Rental agreements; damage waivers.

437D-5.5 Offers or sales of collision insurance by lessors or limited line motor vehicle rental company producers. (a) The provisions in this chapter relating to or otherwise regulating the offer or sale of damage waivers shall apply to the offer or...

437D-6 Additional mandatory charges prohibited.

437D-7 Rate disclosure requirements; advertising.

437D-8 Rate disclosure requirements; oral or written statements.

437D-8.4 License and registration fees.

437D-8.5 Commissions. (a) No lessor or officer, employee, agent, or other representative of the lessor shall pay or receive a commission for selling damage waivers, except as provided in subsection (b). Any violation of this section shall be an unfai...

437D-8.6 Damage waiver statistics.

437D-9 Posting requirements.

437D-10 Pamphleting requirements.

437D-11 Acknowledgment by lessee.

437D-12 Deposit or advance charge prohibited; payment for damages to rental motor vehicle.

437D-13 Notice and posting required concerning motor vehicle laws.

437D-14 Fuel charges.

437D-15 Unfair trade practices.

437D-16 Application of insurance laws.

437D-17 Exceptions to posting requirements.

437D-17.5 Rental agreements; unpaid traffic infractions. Pursuant to section 291D-3.5, or other sections of the law and except for summons, citations, or violations relating to the care and maintenance of a rental motor vehicle, the lessor, as the re...

437D-18 Power and duties of the director.

437D-19 Civil penalties.