Certain additional charges permissible under certain circumstances
- disclosure of certain additional charges required
- certain additional fees prohibited
- further prohibitions.
1.The short-term lessor of a passenger car may impose an additional charge:
(a)Based on reasonable age criteria established by the lessor.
(b)For any item or a service provided if the short-term lessee could have avoided incurring the charge by choosing not to obtain or utilize the optional item or service.
(c)For insurance and accessories requested by the lessee.
(d)For service incident to the lessee’s optional return of the passenger car to a location other than the location where the passenger car was leased.
(e)For refueling the passenger car at the conclusion of the lease if the lessee did not return the passenger car with as much fuel as was in the fuel tank at the beginning of the lease.
(f)For any authorized driver in addition to the short-term lessee but shall not, except as otherwise provided in this paragraph, charge more than $10 per full or partial 24-hour period for such an additional authorized driver. The monetary amount set forth in this paragraph must be adjusted for each fiscal year that begins on or after July 1, 2008, by adding to that amount the product of that amount multiplied by the percentage increase in the Consumer Price Index West Urban for All Urban Consumers (All Items) between the calendar year ending on December 31, 2005, and the calendar year immediately preceding the fiscal year for which the adjustment is made. The Department shall, on or before March 1 of each year, publish the adjusted amount for the next fiscal year on its website or otherwise make that information available to short-term lessors.
(g)To recover costs incurred by the short-term lessor as a condition of doing business, including, without limitation:
(1)The short-term lessor’s vehicle licensing costs; and
(2)Concession, access and other fees imposed on the short-term lessor by an airport or other facility for the privilege of operating at the facility.
(h)To recover any fees paid by the short-term lessor on behalf of the short-term lessee, including, without limitation, a customer facility charge imposed on the short-term lessee by an airport or other facility for the privilege of using the facility.
2.The short-term lessor of a passenger car that wishes to impose an additional charge pursuant to paragraph (g) or (h) of subsection 1:
(a)Must, at the time the lease commences, provide the short-term lessee with a lease agreement which clearly discloses all charges for the entire lease, excluding charges that cannot be determined at the time the lease commences; and
(1)At the time the short-term lessee makes the reservation for the short-term lease of the passenger car, provide a good faith estimate of the total of all charges for the entire lease, excluding mileage charges and charges for optional items that cannot be determined based upon the information provided by the short-term lessee; or
(2)At the time the short-term lessor provides a price quote or estimate for the short-term lease of the passenger car, disclose the existence of any vehicle licensing costs and any other separately stated additional charge.
3.A short-term lessor shall not charge a short-term lessee, as a condition of leasing a passenger car, an additional fee for:
(a)Any surcharges required for fuel.
(b)Transporting the lessee to the location where the passenger car will be delivered to the lessee.
4.If a short-term lessor:
(a)Delivers a passenger car to a short-term lessee at a location other than the location where the lessor normally carries on its business, the lessor shall not charge the lessee any amount for the period before the delivery of the passenger car.
(b)Takes possession of a passenger car from a short-term lessee at a location other than the location where the lessor normally carries on its business, the lessor shall not charge the lessee any amount for the period after the lessee notifies the lessor to take possession of the passenger car.
Section 482.3158 — Certain additional charges permissible under certain circumstances; disclosure of certain additional charges required; certain additional fees prohibited; further prohibitions.,