(a) Each agreement entered into in this state must disclose to the owner and the driver:
(1) any right of the peer-to-peer car sharing program to seek indemnification from the owner or driver for economic loss sustained by the program resulting from a breach of the agreement;
(2) that an automobile insurance policy issued to the owner for the shared vehicle or to the driver does not provide a defense or indemnification for any claim asserted by the peer-to-peer car sharing program;
(3) that the peer-to-peer car sharing program’s insurance coverage on the owner and the driver is in effect only during each car sharing period;
(4) that, for any use of the shared vehicle by the driver after the termination time, the owner and driver may not have insurance coverage;
(5) the daily rate, fees, and, if applicable, any insurance costs that are charged to the owner or driver;
(6) that the owner’s automobile insurance may not provide coverage for a shared vehicle;
(7) an emergency telephone number through which personnel capable of fielding roadside assistance and other customer service inquiries may be reached; and
(8) if applicable, any condition under which a driver must maintain a personal automobile insurance policy with certain applicable coverage limits on a primary basis to book a shared vehicle.
(b) When a person registers as an owner on a peer-to-peer car sharing program and before the owner makes a shared vehicle available for car sharing on the program, the program shall provide written notice to the owner that, if the shared vehicle has a lien against it, the shared vehicle’s use through the program, including use without physical damage coverage, may violate the terms of the contract with the lienholder.

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Terms Used In Texas Business and Commerce Code 113.0101

  • Contract: A legal written agreement that becomes binding when signed.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005