§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
Title 25. Professions and Occupations
437D. Motor Vehicle Rental Industry
437D-4 Rental agreements; delivery to director.
437D-5 Rental agreements; damage waivers.
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-8.6 Damage waiver statistics.
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-15 Unfair trade practices.
437D-16 Application of insurance laws.
437D-17 Exceptions to posting requirements.