New York General Business Code § 396-Z

Rental vehicle protections
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* § 396-z. Rental vehicle protections. 1. For the purposes of this\nsection: (a) "Authorized driver" means: (i) the person to whom the\nvehicle is rented if a licensed driver; (ii) such person's spouse if\nlicensed and at least eighteen years of age; (iii) any person who\noperates the vehicle during an emergency situation to a medical\nfacility; or (iv) any licensed driver expressly listed on the rental\nagreement as an authorized driver.\n  (b) "Rental agreement" means any written agreement setting forth terms\nand conditions governing the renter's or any authorized driver's use of\na rental vehicle for a period not to exceed thirty continuous days.\n  (c) "Rental vehicle company" means any person or organization, or any\nsubsidiary or affiliate, including a franchisee, in the business of\nproviding rental vehicles to the public from locations in this state.\n  (d) "Optional vehicle protection" means a rental vehicle company's\nagreement not to hold an authorized driver liable for all or part of any\ndamage or loss to the rented vehicle, any loss of use of the rented\nvehicle, or any storage, impound, towing or administrative charges for\nwhich an authorized driver may be liable. The term "optional vehicle\nprotection" shall encompass within its meaning other similar terms that\nmay be used by rental vehicle companies, such as but not limited to\n"Collision Damage Waiver", "CDW", "Damage Waiver", "Loss Damage Waiver",\n"LDW", and "Physical Damage Waiver".\n  (e) "Renter" means a person or entity that obtains the use of a rental\nvehicle from a rental vehicle company under terms of a rental agreement.\n  (f) "Consolidated facilities charge" means the allowable recovery by a\nrental vehicle company from its renters of those fees, including any\ntaxes or fees paid on such fees, for the finance, design, construction\nand operation of consolidated airport facilities and or the finance,\ndesign, construction and operation of common use transportation systems\nthat move passengers between airport terminals and consolidated airport\ncar rental facilities. The aggregate amount to be collected shall not\nexceed the reasonable costs, as determined annually by an independent\naudit paid for by the airport operator or its governing entity, to\nfinance, design, construct and operate those facilities and common use\ntransportation systems. The consolidated facilities charge shall apply\nonly to vehicle rentals occurring at vehicle rental locations subject to\nthe imposition of such charge by an airport operator or its governing\nentity. The term "consolidated facilities charge" shall encompass within\nits meaning other similar terms that may be used by airport authorities\nor rental vehicle companies, such as, but not limited to "customer\nfacility charge" and "transportation facility charge".\n  (g) "Concession recovery fee" means the allowable recovery by a rental\nvehicle company from its renters of those fees, including any taxes or\nfees paid on such fees, which an airport operator or its governing\nentity imposes on a rental vehicle company's applicable revenues or\nrental transactions, as defined and stated in a concession agreement\nthat authorizes a rental vehicle company to operate at an airport\nlocated in this state. The concession recovery fee shall apply only to\nvehicle rentals occurring at vehicle rental locations subject to the\nimposition of such fee by an airport operator or its governing entity.\nThe term "concession recovery fee" shall encompass within its meaning\nother similar terms that may be used by airport authorities or rental\nvehicle companies, such as, but not limited to, "concession fee",\n"concession recovery fee surcharge", "privilege fee" and "airport access\nfee".\n  (h) "Airport fees" means consolidated facilities charges and/or\nconcession recovery fees.\n  (i) "Concession agreement" means an agreement, permit or license\nentered into between an airport operator or its governing entity and\nrental vehic

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