(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:

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Terms Used In Hawaii Revised Statutes 437D-5

  • Damage waiver: means any contract or contractual provision, whether separate from or a part of a rental agreement, whereby the lessor agrees, for a charge, to waive any or all claims against the lessee for any damages to the rental motor vehicle during the term of the rental agreement. See Hawaii Revised Statutes 437D-3
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Lessee: means any person obtaining the use of a rental motor vehicle from a lessor for a period of six months or less under the terms of a rental agreement. See Hawaii Revised Statutes 437D-3
  • Plain language: means language written or spoken in a clear and coherent manner using words with common and everyday meanings. See Hawaii Revised Statutes 437D-3
  • Rental agreement: means any written agreement setting forth the terms and conditions governing the use of the rental motor vehicle by the lessee. See Hawaii Revised Statutes 437D-3
  • vehicle: means a motor vehicle as defined in § 286-2, which is rented or leased or offered for rent or lease in this State, whether for personal or commercial use, for a period of six months or less. See Hawaii Revised Statutes 437D-3
(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 § 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.

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