Kansas Statutes 8-2810. Same; required disclosures in vehicle sharing program agreement; emergency telephone number
Terms Used In Kansas Statutes 8-2810
- 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
- Peer-to-peer vehicle sharing: means the authorized use of a shared vehicle by an individual other than the shared vehicle's owner through a peer-to-peer vehicle sharing program. See Kansas Statutes 8-2802
- Peer-to-peer vehicle sharing program: means a business platform that connects vehicle owners with drivers to enable the sharing of vehicles for financial consideration. See Kansas Statutes 8-2802
- Shared vehicle: means a vehicle that is available for sharing through a peer-to-peer vehicle sharing program. See Kansas Statutes 8-2802
- Shared vehicle driver: means an individual who has been authorized to drive the shared vehicle by the shared vehicle owner under a vehicle sharing program agreement. See Kansas Statutes 8-2802
- Shared vehicle owner: means the registered owner, or a person or entity designated by the registered owner, of a vehicle made available for sharing to shared vehicle drivers through a peer-to-peer vehicle sharing program. See Kansas Statutes 8-2802
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
- Vehicle sharing period: means the period of time that commences with the vehicle sharing delivery period or, if there is no vehicle sharing delivery period, that commences with the vehicle sharing start time and, in either case, that ends at the vehicle sharing termination time. See Kansas Statutes 8-2802
- Vehicle sharing program agreement: means the terms and conditions applicable to a shared vehicle owner, a shared vehicle driver and a peer-to-peer vehicle sharing program that govern the use of a shared vehicle through a peer-to-peer vehicle sharing program. See Kansas Statutes 8-2802
- Vehicle sharing termination time: means the earliest of the following events:
(1) The expiration of the agreed-upon period of time established for the use of a shared vehicle according to the terms of the vehicle sharing program agreement if the shared vehicle is delivered to the location agreed upon in the vehicle sharing program agreement;
(2) when the shared vehicle is returned to a location as alternatively agreed upon by the shared vehicle owner and shared vehicle driver as communicated through a peer-to-peer vehicle sharing program and such alternatively agreed upon location is incorporated into the vehicle sharing program agreement; or
(3) when the shared vehicle owner or the shared vehicle owner's authorized designee takes possession and control of the shared vehicle. See Kansas Statutes 8-2802
(a) Every vehicle sharing program agreement made in the state of Kansas shall disclose the following information to the shared vehicle owner and the shared vehicle driver, as appropriate:
(1) Any right of the peer-to-peer vehicle sharing program to seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer vehicle sharing program resulting from a breach of the terms and conditions of the vehicle sharing program agreement;
(2) a motor vehicle liability insurance policy issued to the shared vehicle owner for the shared vehicle or to the shared vehicle driver does not provide a defense or indemnification for any claim asserted by the peer-to-peer vehicle sharing program;
(3) the peer-to-peer vehicle sharing program’s insurance coverage on the shared vehicle owner and the shared vehicle driver is in effect only during each vehicle sharing period and that, for any use of the shared vehicle by the shared vehicle driver after the vehicle sharing termination time, the shared vehicle driver and the shared vehicle owner may not have insurance coverage;
(4) the daily rate, fees and, if applicable, any insurance or protection package costs that are charged to the shared vehicle owner or the shared vehicle driver;
(5) the shared vehicle owner’s motor vehicle liability insurance may not provide coverage for a shared vehicle; and
(6) if there are conditions under which a shared vehicle driver must maintain a personal motor vehicle liability insurance policy with certain applicable coverage limits on a primary basis in order to reserve a shared motor vehicle.
(b) Every vehicle sharing program agreement made in the state of Kansas shall also provide an emergency telephone number to personnel capable of fielding roadside assistance and other customer service inquiries.