State Codes and Statutes

Statutes > Missouri > T26 > C407 > 407_732

Advertising, restrictions, requirements--prices advertised, quantityto be sufficient--surcharge fees--other terms, clearly disclosed.

407.732. 1. Any advertisement shall be nondeceptive and in plainlanguage. Deception may result not only from a direct statement in theadvertisement and from reasonable inferences therefrom, but also fromomitting or obscuring a material restriction or fact.

2. Print advertisements that include prices for car rentals shallmake clear and conspicuous disclosure of the following applicablerestrictions:

(1) The expiration date of the price offered if it is available forless than thirty days after the last date of publication of theadvertisement;

(2) The existence of any geographical limitations on use;

(3) The extent of any advance reservation or advance paymentrequirements;

(4) Airport access fee disclosure;

(5) The existence of any penalties or higher rates that may apply forearly or late returns for weekly or weekend rentals;

(6) Existence of additional driver fee;

(7) The existence of blackout dates or specific blackout dates forlocation specific advertisements;

(8) Nonavailability of offer at all locations;

(9) Disclosure of mileage caps and charges;

(10) Disclosure of collision damage waiver costs.

Print advertisements that include prices for car rentals, where mileagefees apply to the advertised price, shall prominently disclose thisextraordinary material restriction. Print advertisements that includeprices for car rentals, where a company sells collision damage waiver tothe public and does not include this cost in the advertised rate, shallprominently disclose the price for collision damage waiver.

3. Broadcast commercials that include prices shall indicate whethersubstantial restrictions apply and shall include:

(1) The expiration date of the price offered if the advertised priceis available for less than thirty days;

(2) Nonavailability of the advertised price in certain locations ifthat is the case;

(3) Mileage limitations and charges, if any;

(4) Price or price range for collision damage waiver.

4. Any advertised price shall be available in sufficient quantity tomeet reasonably expected public demand for the rental cars advertised forthe entire advertised period, beginning on the day on which theadvertisement appears and continuing at least thirty days thereafter,unless the advertisement clearly and conspicuously discloses a shorter orlonger expiration date for the offer, and in that event, through theexpiration date. Prices may be advertised although less cars are availablethan would be required to meet the expected demand, as long as thislimitation is clearly and conspicuously set forth in the advertisement anda reasonable number of cars are made available at the advertised price.

5. The existence of each additional fee, charge, or surcharge that aconsumer must pay and which may be imposed as a separately stated charge ona rental transaction including, but in no way to be construed as limitedto, airport fees and vehicle license fees shall be disclosed any time aprice is advertised and each fee, charge, or surcharge shall be clearly andconspicuously disclosed on the rental agreement.

6. A photograph of a rental car shall not be used in a priceadvertisement unless the advertisement clearly and conspicuously discloses,in immediate proximity to the photograph, the cost to rent the cardepicted. A photograph of a rental car shall not be used in anadvertisement if the advertisement states directly or by implication thatthe automobile depicted may be rented under certain conditions and that isnot the case.

7. Any price advertised as a "daily price" or "price per day" shallbe available for rentals of a single day or more, and any price advertisedas a "weekly" rate shall be available for the first week and for subsequentweeks of the same rental. A rental company shall not charge more than aweekly price which was advertised if a customer on a weekly rental returnsthe car earlier than seven days. A price advertised as a "weekend rate"shall be available on both Saturday and Sunday.

8. Any car rental advertising promotion which extends a free offer orpromises a gift or other incentive shall clearly and conspicuously discloseall the terms and conditions for receiving the offer, gift or incentive. Agift, incentive, or other merchandise or service shall not be advertised asfree if the cost of the item, in whole or in part, is included in theadvertised rental rate. If the gift or offer is provided by a third party,the car rental company shall be fully responsible for providing the gift oroffer under the terms and conditions disclosed.

9. A rental car shall not be advertised using the words "unlimitedmileage" or other terms that suggest there are absolutely no mileagerestrictions on the use of the rental vehicle only unless there are nogeographical restrictions on the use of the vehicle.

10. At the time of the car rental transaction, the car rental companyshall disclose the following:

(1) The total cost, including any airport access fees;

(2) Geographical limitations;

(3) Advance reservation or payment requirements;

(4) Penalties or higher rates that may apply for early or latereturns for weekly or weekend rentals;

(5) Cost of additional driver fee;

(6) Blackout dates.

(L. 1989 H.B. 893 § 2, A.L. 2007 S.B. 82)

State Codes and Statutes

Statutes > Missouri > T26 > C407 > 407_732

Advertising, restrictions, requirements--prices advertised, quantityto be sufficient--surcharge fees--other terms, clearly disclosed.

407.732. 1. Any advertisement shall be nondeceptive and in plainlanguage. Deception may result not only from a direct statement in theadvertisement and from reasonable inferences therefrom, but also fromomitting or obscuring a material restriction or fact.

2. Print advertisements that include prices for car rentals shallmake clear and conspicuous disclosure of the following applicablerestrictions:

(1) The expiration date of the price offered if it is available forless than thirty days after the last date of publication of theadvertisement;

(2) The existence of any geographical limitations on use;

(3) The extent of any advance reservation or advance paymentrequirements;

(4) Airport access fee disclosure;

(5) The existence of any penalties or higher rates that may apply forearly or late returns for weekly or weekend rentals;

(6) Existence of additional driver fee;

(7) The existence of blackout dates or specific blackout dates forlocation specific advertisements;

(8) Nonavailability of offer at all locations;

(9) Disclosure of mileage caps and charges;

(10) Disclosure of collision damage waiver costs.

Print advertisements that include prices for car rentals, where mileagefees apply to the advertised price, shall prominently disclose thisextraordinary material restriction. Print advertisements that includeprices for car rentals, where a company sells collision damage waiver tothe public and does not include this cost in the advertised rate, shallprominently disclose the price for collision damage waiver.

3. Broadcast commercials that include prices shall indicate whethersubstantial restrictions apply and shall include:

(1) The expiration date of the price offered if the advertised priceis available for less than thirty days;

(2) Nonavailability of the advertised price in certain locations ifthat is the case;

(3) Mileage limitations and charges, if any;

(4) Price or price range for collision damage waiver.

4. Any advertised price shall be available in sufficient quantity tomeet reasonably expected public demand for the rental cars advertised forthe entire advertised period, beginning on the day on which theadvertisement appears and continuing at least thirty days thereafter,unless the advertisement clearly and conspicuously discloses a shorter orlonger expiration date for the offer, and in that event, through theexpiration date. Prices may be advertised although less cars are availablethan would be required to meet the expected demand, as long as thislimitation is clearly and conspicuously set forth in the advertisement anda reasonable number of cars are made available at the advertised price.

5. The existence of each additional fee, charge, or surcharge that aconsumer must pay and which may be imposed as a separately stated charge ona rental transaction including, but in no way to be construed as limitedto, airport fees and vehicle license fees shall be disclosed any time aprice is advertised and each fee, charge, or surcharge shall be clearly andconspicuously disclosed on the rental agreement.

6. A photograph of a rental car shall not be used in a priceadvertisement unless the advertisement clearly and conspicuously discloses,in immediate proximity to the photograph, the cost to rent the cardepicted. A photograph of a rental car shall not be used in anadvertisement if the advertisement states directly or by implication thatthe automobile depicted may be rented under certain conditions and that isnot the case.

7. Any price advertised as a "daily price" or "price per day" shallbe available for rentals of a single day or more, and any price advertisedas a "weekly" rate shall be available for the first week and for subsequentweeks of the same rental. A rental company shall not charge more than aweekly price which was advertised if a customer on a weekly rental returnsthe car earlier than seven days. A price advertised as a "weekend rate"shall be available on both Saturday and Sunday.

8. Any car rental advertising promotion which extends a free offer orpromises a gift or other incentive shall clearly and conspicuously discloseall the terms and conditions for receiving the offer, gift or incentive. Agift, incentive, or other merchandise or service shall not be advertised asfree if the cost of the item, in whole or in part, is included in theadvertised rental rate. If the gift or offer is provided by a third party,the car rental company shall be fully responsible for providing the gift oroffer under the terms and conditions disclosed.

9. A rental car shall not be advertised using the words "unlimitedmileage" or other terms that suggest there are absolutely no mileagerestrictions on the use of the rental vehicle only unless there are nogeographical restrictions on the use of the vehicle.

10. At the time of the car rental transaction, the car rental companyshall disclose the following:

(1) The total cost, including any airport access fees;

(2) Geographical limitations;

(3) Advance reservation or payment requirements;

(4) Penalties or higher rates that may apply for early or latereturns for weekly or weekend rentals;

(5) Cost of additional driver fee;

(6) Blackout dates.

(L. 1989 H.B. 893 § 2, A.L. 2007 S.B. 82)


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T26 > C407 > 407_732

Advertising, restrictions, requirements--prices advertised, quantityto be sufficient--surcharge fees--other terms, clearly disclosed.

407.732. 1. Any advertisement shall be nondeceptive and in plainlanguage. Deception may result not only from a direct statement in theadvertisement and from reasonable inferences therefrom, but also fromomitting or obscuring a material restriction or fact.

2. Print advertisements that include prices for car rentals shallmake clear and conspicuous disclosure of the following applicablerestrictions:

(1) The expiration date of the price offered if it is available forless than thirty days after the last date of publication of theadvertisement;

(2) The existence of any geographical limitations on use;

(3) The extent of any advance reservation or advance paymentrequirements;

(4) Airport access fee disclosure;

(5) The existence of any penalties or higher rates that may apply forearly or late returns for weekly or weekend rentals;

(6) Existence of additional driver fee;

(7) The existence of blackout dates or specific blackout dates forlocation specific advertisements;

(8) Nonavailability of offer at all locations;

(9) Disclosure of mileage caps and charges;

(10) Disclosure of collision damage waiver costs.

Print advertisements that include prices for car rentals, where mileagefees apply to the advertised price, shall prominently disclose thisextraordinary material restriction. Print advertisements that includeprices for car rentals, where a company sells collision damage waiver tothe public and does not include this cost in the advertised rate, shallprominently disclose the price for collision damage waiver.

3. Broadcast commercials that include prices shall indicate whethersubstantial restrictions apply and shall include:

(1) The expiration date of the price offered if the advertised priceis available for less than thirty days;

(2) Nonavailability of the advertised price in certain locations ifthat is the case;

(3) Mileage limitations and charges, if any;

(4) Price or price range for collision damage waiver.

4. Any advertised price shall be available in sufficient quantity tomeet reasonably expected public demand for the rental cars advertised forthe entire advertised period, beginning on the day on which theadvertisement appears and continuing at least thirty days thereafter,unless the advertisement clearly and conspicuously discloses a shorter orlonger expiration date for the offer, and in that event, through theexpiration date. Prices may be advertised although less cars are availablethan would be required to meet the expected demand, as long as thislimitation is clearly and conspicuously set forth in the advertisement anda reasonable number of cars are made available at the advertised price.

5. The existence of each additional fee, charge, or surcharge that aconsumer must pay and which may be imposed as a separately stated charge ona rental transaction including, but in no way to be construed as limitedto, airport fees and vehicle license fees shall be disclosed any time aprice is advertised and each fee, charge, or surcharge shall be clearly andconspicuously disclosed on the rental agreement.

6. A photograph of a rental car shall not be used in a priceadvertisement unless the advertisement clearly and conspicuously discloses,in immediate proximity to the photograph, the cost to rent the cardepicted. A photograph of a rental car shall not be used in anadvertisement if the advertisement states directly or by implication thatthe automobile depicted may be rented under certain conditions and that isnot the case.

7. Any price advertised as a "daily price" or "price per day" shallbe available for rentals of a single day or more, and any price advertisedas a "weekly" rate shall be available for the first week and for subsequentweeks of the same rental. A rental company shall not charge more than aweekly price which was advertised if a customer on a weekly rental returnsthe car earlier than seven days. A price advertised as a "weekend rate"shall be available on both Saturday and Sunday.

8. Any car rental advertising promotion which extends a free offer orpromises a gift or other incentive shall clearly and conspicuously discloseall the terms and conditions for receiving the offer, gift or incentive. Agift, incentive, or other merchandise or service shall not be advertised asfree if the cost of the item, in whole or in part, is included in theadvertised rental rate. If the gift or offer is provided by a third party,the car rental company shall be fully responsible for providing the gift oroffer under the terms and conditions disclosed.

9. A rental car shall not be advertised using the words "unlimitedmileage" or other terms that suggest there are absolutely no mileagerestrictions on the use of the rental vehicle only unless there are nogeographical restrictions on the use of the vehicle.

10. At the time of the car rental transaction, the car rental companyshall disclose the following:

(1) The total cost, including any airport access fees;

(2) Geographical limitations;

(3) Advance reservation or payment requirements;

(4) Penalties or higher rates that may apply for early or latereturns for weekly or weekend rentals;

(5) Cost of additional driver fee;

(6) Blackout dates.

(L. 1989 H.B. 893 § 2, A.L. 2007 S.B. 82)