(1) Any collision damage waiver form shall conform to the following requirements:
It shall be understandable and written in simple and readable plain language;
The terms of such collision damage waiver, including, but not limited to, any conditions or exclusions applicable to the collision damage waiver, shall be prominently displayed;
All restrictions, conditions, or provisions in, or endorsed on, the collision damagewaiver shall be printed in type at least as large as brevier or ten-point type;
The collision damage waiver shall include a statement of the total charge for theanticipated rental period or the anticipated total daily charge; and
The agreement containing the collision damage waiver shall display the followingnotice on the face of the agreement, set apart and in bold-faced type, and in type at least as large as ten-point type:
NOTICE: THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A COLLISION DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. YOU ARE ADVISED NOT TO SIGN THIS WAIVER IF YOU HAVE RENTAL VEHICLE COLLISION COVERAGE PROVIDED BY CERTAIN GOLD OR PLATINUM CREDIT CARDS OR COLLISION INSURANCE ON YOUR OWN VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE COLLISION DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. THE PURCHASE OF THIS COLLISION DAMAGE WAIVER IS NOT MANDATORY AND MAY BE WAIVED.
(2) The failure by a lessor to comply with any provision of this section is a deceptive trade practice under the provisions of this article.
Source: L. 89: Entire part added, p. 362, § 1, effective January 1, 1990.