None of the following agreements between a transportation network company or transportation network company driver and a passenger shall be valid or enforceable in this State:

(1) A disclaimer of liability of a transportation network company or transportation network company driver;

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Terms Used In Hawaii Revised Statutes 431:10C-705

  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Transportation network company: means an entity that uses a digital network or software application service to connect passengers to transportation network company drivers; provided that the entity:

    (1) Does not own, control, operate, or manage the personal vehicles used by transportation network company drivers; and

    (2) Is not a taxicab association or a for-hire vehicle owner. See Hawaii Revised Statutes 431:10C-701

  • Transportation network company driver: means an individual who operates a personal vehicle used to transport a passenger between points chosen by the passenger and prearranged through a transportation network company and that is:

    (1) Owned, leased, or otherwise authorized for use by the individual;

    (2) Not a taxicab or for-hire vehicle; and

    (3) Used to provide prearranged rides to passengers. See Hawaii Revised Statutes 431:10C-701

(2) A waiver, before the occurrence of an accident, of any claim or right to file a lawsuit by a passenger against a transportation network company or transportation network company driver; or
(3) An agreement by the passenger to defend, indemnify, or hold harmless a transportation network company or transportation network company driver.