(a) Each lessor, and each officer, employee, agency, or other representative of the lessor, who states or permits to be stated the rental cost of a rental motor vehicle in any advertisement, shall state conspicuously, in plain language and in conjunction with the advertised rental cost of the vehicle, the daily rate of the applicable damage waiver, and that the rate constitutes an additional daily charge to the lessee.

Terms Used In Hawaii Revised Statutes 437D-7

  • Advertisement: means any oral, written, graphic, or pictorial statement or representation, including those made through any electronic or print medium. See Hawaii Revised Statutes 437D-3
  • 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
  • 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
  • Lessor: means any person in the business of providing rental motor vehicles to the public. 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 cost: means the daily or periodic rate charged for the use of the rental motor vehicle, but does not include optional or refueling charges. 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
(b) When a written advertisement, including all print media, contains the statement of the rental cost of a vehicle, the disclosure required by this section shall be printed in type no less than one-third the size of the type used to print the rental cost, or twelve-point type, whichever is larger. When the video presentation of a television advertisement contains the statement of the rental cost of a vehicle, the depiction of the disclosure required by this section shall be no less than one-third the size of the depiction of the rental cost. When a radio advertisement or the audio presentation of a television advertisement contains the statement of the rental cost of the vehicle, the oral statement of the rental cost shall be immediately accompanied by an oral statement of the disclosure required by this section.
(c) Except as set forth in this section, the statement of the rental cost and the disclosure shall be equally prominent in all respects.

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