Section 407.730

Title XXVI TRADE AND COMMERCE

Chapter 407

Effective - 28 Aug 2007, 2 histories   

  407.730.  Definitions. — As used in sections 407.730 to 407.748, the following terms mean:

  (1)  "Advertisement", oral, written, graphic or pictorial statements made in the course of solicitation of business including, without limitation, any statement or representation made in a newspaper, magazine, the car rental company's proprietary website, or other publication, or contained in any notice, sign, poster, display, circular, pamphlet, or letter which may collectively be called "print advertisements", or on radio or television, which may be referred to as "broadcast commercials";

  (2)  "Authorized driver":

  (a)  The renter;

  (b)  The renter's spouse if the spouse is a licensed driver and satisfies the car rental company's minimum age requirement;

  (c)  The renter's employee or co-worker if they are engaged in business activity with the person to whom the vehicle is rented, are licensed drivers, and satisfy the rental company's minimum age requirements;

  (d)  Any person who operates the vehicle during an emergency situation; and

  (e)  Any person expressly listed by the car rental company on the renter's contract as an authorized driver;

  (3)  "Blackout date", any date on which an advertised price is totally unavailable to the public;

  (4)  "Car rental company", any person or entity in the business of renting private passenger vehicles to the public;

  (5)  "Car rental insurance", products and services that are offered in connection with and incidental to the rental of a motor vehicle under subdivision (10) of subsection 1 of section 375.786.  This definition of optional car rental insurance or any other definition of insurance shall not include collision damage waiver;

  (6)  "Clear and conspicuous", that the statement, representation or term being disclosed is of such size, color contrast, and audibility and is so presented as to be readily noticed and understood by the person to whom it is being disclosed.  All language and terms should be used in accordance with their common or ordinary usage and meaning;

  (7)  "Collision damage waiver", any product a consumer purchases from a car rental company in order to waive all or part of his responsibility for damages, or loss of, a rental vehicle;

  (8)  "Limited time availability", that the advertised rental price is only available for a specific period of time or that the price is not available during certain blackout periods;

  (9)  "Mandatory charge", any charge, fee, or surcharge consumers must generally pay in order to obtain or operate a rental vehicle;

  (10)  "Master rental agreement", those documents used by a car rental company for expedited service to members in a program sponsored by the car rental company in which renters establish a profile and select preferences for rental needs which establish the terms and conditions governing the use of a rental car rented by a car rental company by a participant in a master rental agreement;

  (11)  "Material restriction", a restriction, limitation or other requirement which significantly affects the price of, use of, or a consumer's financial responsibility for a rental car;

  (12)  "Rental agreement", any document or combination of documents, which, when read together and incorporated by reference to each other, relate to and establish the terms and conditions of the rental of a motor vehicle by an individual; or when such a combination of documents is entered into as part of any written master, corporate, group or individual agreement setting forth the terms and conditions governing the use of a rental car rented by a car rental company;

  (13)  "Vehicle license fees", charges that may be imposed upon any transaction originating in the state of Missouri to recoup costs incurred by a car rental company to license, title, inspect, register, plate, and pay personal property taxes on rental vehicles.

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(L. 1989 H.B. 893 § 1, A.L. 2004 H.B. 1285 merged with S.B. 1233, et al., A.L. 2007 S.B. 82)