GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999
SESSION LAW 2000-432
HOUSE BILL 1269
AN ACT REGARDING AIRPORT FEES AND CHARGE FOR RENTAL CARS.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 66-202 reads as rewritten:
"§ 66-202. Rental car advertising.
(a) Except as set
forth in subsections (d) and (e) of this section and G.S. 66-204(a), Aa
rental car company shall only advertise and charge a rental rate that includes
the entire amount, except taxes and a mileage chargecharge, if
any, that a renter must pay to hire or lease a vehicle for the period of time
to which the rental rate applies.
(b) If a rental car
company states a rental rate in a print advertisement or in an in-person
or computer-transmitted quotation,quotation contained in the rental
car company's proprietary computer reservation system, the rental car
company shall clearly disclose or cause to be disclosed in that advertisement
or quotation the terms of any mileage conditions relating to the advertised or
quoted rental rate, including, but not limited to: To the extent
applicable, the amount of mileage and fuel charges; the number of miles for
which no charge will be imposed; and a description of the geographic driving
limitations, if any, within the United States and Canada.
(c) A rental car company shall also include in all advertising the daily rate it charges for collision damage waivers; shall state in such advertising that collision damage waivers are not required; and shall state that prospective renters should examine or inquire about their automobile insurance policies to see whether such policies will cover damage to rental vehicles.
(d) An advertised
rental rate does not have to include airport access charges that may be
avoided, as long as the advertisement clearly and conspicuously discloses,
immediately adjacent to the advertised rate, the range of airport access
charges that exists in the area to which the advertised rental rate applies and
clearly and conspicuously discloses the method of avoiding the airport access
charge.For a rental rate stated in an advertisement, quotation, or
reservation for an airport location, a rental car company shall clearly and
conspicuously disclose the existence and actual amount of the airport charges
or fees, if any. For a rental rate stated in an advertisement, quotation, or
reservation involving more than one airport location, a rental car company
shall clearly and conspicuously disclose the existence and range of airport
charges or fees, if any, or the maximum airport charge or fee. For purposes of
this section, advertisements shall include radio, television, other electronic
media, and print. For purposes of this section, quotations and reservations
shall include in-person or proprietary computer-transmitted reservation
systems.
(e) A rental car company shall clearly and conspicuously display the amount of the airport charges or fees in any proprietary computer-assisted reservation system, shown or referenced on the same page on the computer screen viewed by the renter as the displayed rental rate and in a print size not smaller than the print size of the rental rate. A rental car company shall inform the renter of the amount of the airport charges or fees either at the time of making an initial quotation of a rental rate or at the time of making a reservation, if the quotation is made by the rental car company for a location at which it collects airport charges or fees. A rental car company shall separately identify the amount and existence of the airport charges or fees on the rental agreement."
SECTION 2. G.S. 66-203(a) reads as rewritten:
"(a) No rental car company may charge, in addition to the rental rate, taxes, airport charges and fees, if any, and mileage charge, if any, any fee that must be paid by the renter as a condition of hiring or leasing a vehicle, such as, but not limited to, required fuel charges or any fee for transporting the renter to the location where the rented vehicle will be delivered to that person."
SECTION 3. G.S. 66-204(a) reads as rewritten:
"(a) In addition to the
rental rate, taxes, airport charges and fees, if any, and mileage
charge, if any, a rental car company may charge a renter for an item or service
provided in connection with a particular rental transaction if the renter can
avoid incurring that charge by choosing not to obtain or utilize the optional
item or service. Items and services for which a rental car company may impose
an additional charge include, but are not limited to: Optional insurance
and accessories requested by the renter unless otherwise prohibited by law;
service charges incident to a person's optional return of the vehicle to a
location other than the location where the vehicle was hired or leased; airport
access charges that may be avoided by the renter, provided the requirements of
G.S. 66-202(d) are met; and charges for refueling the vehicle at the
conclusion of the rental transaction in the event the rented vehicle is not
returned with as much fuel as was in its fuel tank at the beginning of the
rental."
SECTION 4. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 27th day of September, 2001.
s/ Beverly E. Perdue
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 3:01 p.m. this 6th day of October, 2001