Section § 1748.50

Explanation

This law states that if a business tries to prevent a customer from sharing their opinions or reviews about the business in exchange for a refund or any other benefit, that part of the contract is considered invalid and cannot be enforced.

Any provision in a contract or agreement that prohibits a consumer from publishing or making statements about the business as a condition of receiving a partial or complete refund or any other consideration or thing of value is contrary to public policy and shall be void and unenforceable.

Section § 1795.90

Explanation

This section defines key terms used in the chapter relating to motor vehicles. It explains who is considered a 'consumer,' covering buyers and lessees who are under a vehicle warranty. A 'manufacturer' includes those who make or import vehicles for sale. A 'dealer' sells new vehicles under a contract with a manufacturer. An 'adjustment program' extends warranties or covers repair costs except for recalls. 'Motor vehicle' defines eligible vehicles, excluding motorcycles and off-road ones. A 'lessee' is someone leasing a car and responsible for repairs. Lastly, a 'service bulletin' is a manufacturer's notice about vehicle performance, shared with a national safety agency.

For purposes of this chapter:
(a)CA Civil Law Code § 1795.90(a) “Consumer” means the purchaser, other than for purposes of resale, of a motor vehicle, a lessee of a motor vehicle, any person to whom the motor vehicle is transferred during the duration of an express warranty applicable to that motor vehicle, and any person entitled by the terms of the warranty to enforce the obligations of the warranty.
(b)CA Civil Law Code § 1795.90(b) “Manufacturer” means any person, firm, or corporation, whether resident or nonresident, that manufactures or assembles motor vehicles for sale or distribution in this state. In the case of motor vehicles not manufactured in the United States, the term “manufacturer” shall also include any person, firm, or corporation that is engaged in the business of importing motor vehicles.
(c)CA Civil Law Code § 1795.90(c) “Dealer” means any person, firm, or corporation selling or agreeing to sell in this state one or more new motor vehicles under a retail agreement with a manufacturer, manufacturer branch, distributor, distributor branch, or agent of any of them.
(d)CA Civil Law Code § 1795.90(d) “Adjustment program” means any program or policy that expands or extends the consumer’s warranty beyond its stated limit or under which a manufacturer offers to pay for all or any part of the cost of repairing, or to reimburse consumers for all or any part of the cost of repairing, any condition that may substantially affect vehicle durability, reliability, or performance, other than service provided under a safety or emission-related recall campaign. “Adjustment program” does not include ad hoc adjustments made by a manufacturer on a case-by-case basis.
(e)CA Civil Law Code § 1795.90(e) “Motor vehicle” means a motor vehicle, excluding motorcycles, motor homes, and off-road vehicles, which is registered in this state.
(f)CA Civil Law Code § 1795.90(f) “Lessee” means any person who leases a motor vehicle pursuant to a written lease which provides that the lessee is responsible for repairs to the motor vehicle.
(g)CA Civil Law Code § 1795.90(g) “Service bulletin” means any notice issued by a manufacturer and filed with the National Highway Traffic Safety Administration relating to vehicle durability, reliability, or performance.

Section § 1795.91

Explanation

This law requires car dealers to inform potential buyers and lessees about how to access service bulletins, which are documents describing vehicle defects, although these are not the same as recalls. The notice can be effectively communicated if it's clearly displayed in the showroom. Additionally, dealers need to inform customers about any manufacturer programs that might cover specific repairs if there's a service bulletin related to those issues.

Dealers shall have the following duties:
(a)CA Civil Law Code § 1795.91(a) A dealer shall provide notice to prospective purchasers and lessees that provides information on how to get copies of service bulletins. This notice shall not be construed as an admission by the dealer or manufacturer of the existence or nonexistence of a vehicle defect.
The notice shall be deemed sufficient if posted in the showroom or other area conspicuous to motor vehicle purchasers and written in the following form:

FEDERAL LAW REQUIRES MANUFACTURERS TO FURNISH THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA) WITH BULLETINS DESCRIBING ANY DEFECTS IN THEIR VEHICLES. THESE BULLETINS ARE NOT RECALLS.

YOU MAY OBTAIN COPIES OF THESE TECHNICAL SERVICE BULLETINS FROM THE NHTSA, THE MANUFACTURER (ASK YOUR DEALER FOR THE TOLL-FREE NUMBER), OR

CERTAIN CONSUMER PUBLICATIONS, WHICH PUBLISH THESE BULLETINS. SOME COMPANIES WILL SEND THEM TO YOU, FOR A FEE.
(b)CA Civil Law Code § 1795.91(b) A dealer shall disclose to a consumer seeking repairs for a particular condition at its repair shop, the principal terms and conditions of the manufacturer’s adjustment program covering the condition if the dealer has received a service bulletin concerning the adjustment program.

Section § 1795.92

Explanation

This law section outlines the responsibilities of vehicle manufacturers when they create a program to adjust or fix issues with their vehicles. First, they need to inform owners or lessees about the program within 90 days, using first-class mail, especially for safety or emission-related problems. The details of these mailed notices must also be sent to the New Motor Vehicle Board. Manufacturers are required to notify their dealers in writing about new programs within 30 days. If a consumer spends money on repairs before knowing about a program, the manufacturer must have a way to reimburse them, telling them if their claim is accepted or denied within 21 days of receiving it. If a repair happened before the customer knew about the program, they can ask for their money back, but they have to file a claim within two years of paying for the repair.

Manufacturers shall have the following duties:
(a)CA Civil Law Code § 1795.92(a) A manufacturer shall, within 90 days of the adoption of an adjustment program, subject to priority for safety or emission-related recalls, notify by first-class mail all owners or lessees of motor vehicles eligible under the program of the condition giving rise to and the principal terms and conditions of the program.
(b)CA Civil Law Code § 1795.92(b) Copies of all notices mailed in accordance with subdivision (a) shall be sent to the New Motor Vehicle Board within the Department of Motor Vehicles and made available for public inquiries.
(c)CA Civil Law Code § 1795.92(c) A manufacturer shall, within 30 days of the adoption of any new adjustment program, notify its dealers, in writing, of all the terms and conditions thereof.
(d)CA Civil Law Code § 1795.92(d) A manufacturer who establishes an adjustment program shall implement procedures to assure reimbursement of each consumer eligible under an adjustment program who incurs expenses for repair of a condition subject to the program prior to acquiring knowledge of the program. The reimbursement shall be consistent with the terms and conditions of the particular program. The manufacturer shall notify the consumer within 21 business days of receiving a claim for reimbursement whether the claim will be allowed or denied. If the claim is denied, the specific reasons for the denial shall be stated in writing.
(e)CA Civil Law Code § 1795.92(e) Any consumer who, prior to acquiring knowledge of an adjustment program, incurs expenses for repair of a condition subject to the adjustment program may file a claim for reimbursement under subdivision (d). The claim shall be made in writing to the manufacturer within two years of the date of the consumer’s payment for repair of the condition.

Section § 1795.93

Explanation

This law makes it clear that the rights and options a consumer or lessee has under other laws are not affected or reduced by the rules in this chapter.

Nothing in this chapter shall be construed to exclude, modify, or otherwise limit any other remedy provided by law to a consumer or lessee.

Section § 1899

Explanation

This law acknowledges that museums often benefit from having items loaned to them but face issues when these loans are for an indefinite or long period and communication with the lender breaks down. The existing Unclaimed Property Law is applicable, but not well-suited for items on loan to museums. Such items often have cultural or historical importance but not much monetary value and might originally be intended for donation. Because lenders frequently become unreachable over time, it's suggested that the title of unclaimed loaned property be transferred to museums. If lenders fail to stay in contact, museums should not bear conservation and storage expenses alone. The state wants to ensure clarity of ownership and suggests having museums officially own unclaimed property to avoid confusion and support public interest.

The Legislature finds and declares as follows:
(a)CA Civil Law Code § 1899(a) Many museums have benefited greatly from having property loaned to them for study or display. Problems have arisen, however, in connection with loans for indefinite or long terms, when museums and lenders have failed to maintain contact. Many of these problems could be avoided by a clarification and regularization of the rights and obligations of the parties to loans for indefinite or long terms.
(b)CA Civil Law Code § 1899(b) An existing law, the Unclaimed Property Law (commencing with Section 1500 of the Code of Civil Procedure), is technically applicable to property on loan to a museum which has been left unclaimed by its owner for at least seven years.
(c)CA Civil Law Code § 1899(c) While the Unclaimed Property Law addresses problems similar to those which arise in the museum context when the parties to loans fail to maintain contact, there is need for an alternative method of dealing with unclaimed property in the hands of museums, one tailored to the unique circumstances of unclaimed loans to museums. These circumstances include the likelihood that the unclaimed property has significant scientific, historical, aesthetic, or cultural value but does not have great monetary value; that the public’s interest in the intangible values of unclaimed property loaned to museums can best be realized if title is transferred to the museums holding the property; that often lenders intend eventually to donate property but place it on indefinite or long term loan initially for tax and other reasons; and that many museums have incurred unreimbursed expenses in caring for and storing unclaimed loaned property.
(d)CA Civil Law Code § 1899(d) There is an inherent tendency for the condition of tangible property to change over time. Loaned property often requires conservation work and conservation measures may be expensive or potentially detrimental to the property. Organic materials and specimens may serve as breeding grounds for insects, fungi, or diseases which threaten other more valuable property.
(e)CA Civil Law Code § 1899(e) Museums cannot reasonably be expected to make decisions regarding conservation or disposition of loaned property at their own risk and expense. Over time, however, lenders die or move, and museums and lenders lose contact. If a lender has failed to maintain contact with a museum, it is often impossible to locate the lender so that the lender can make decisions regarding conservation or disposition of loaned property.
(f)CA Civil Law Code § 1899(f) Since museums rarely relocate, it is easier for lenders, and those who claim through them, to notify museums of address or ownership changes so that museums can readily contact lenders when decisions must be made regarding conservation or disposition of loaned property.
(g)CA Civil Law Code § 1899(g) The best evidence of ownership of property on loan to a museum is generally the original loan receipt. The longer property remains on loan, the less likely it is that the original lender will claim it, and the more likely it is that any claim which is made will be made by someone who does not have the original loan receipt or other clear evidence of ownership. The state has a substantial interest in cutting off stale and uncertain claims to tangible personal property loaned to nonprofit and public museums.
(h)CA Civil Law Code § 1899(h) Most of the tangible personal property which escheats to the state under the Unclaimed Property Law is found in safe deposit boxes. Although 40–50 percent of the intangible property which escheats to the state is subsequently claimed, less than 1 percent of escheated tangible personal property is claimed. Of the few claims which are presented to the Controller for tangible personal property, most are presented within two years of the date the Controller gives notice of the escheat.
(i)CA Civil Law Code § 1899(i) The public interest is served by requiring lenders to notify museums of changes in address or ownership of loaned property, by establishing a uniform procedure for lenders to preserve their interests in property loaned to museums for indefinite or long terms, and by vesting title to unclaimed property on loan to museums in the museums which have custody of the property.

Section § 1899.1

Explanation

This section explains the definitions related to museums in California. It specifies what a museum is and details that a museum must be a nonprofit or public agency with educational, scientific, or aesthetic aims. It also defines a lender’s address as the latest one in the museum's records, and clarifies that loans involve property deposits where ownership isn't transferred to the museum. Finally, it states that 'property' includes valuable objects but not specimens meant for scientific research.

For the purposes of this chapter:
(a)CA Civil Law Code § 1899.1(a) A “museum” is an institution located in California and operated by a nonprofit corporation or public agency, primarily educational, scientific, or aesthetic in purpose, which owns, borrows, or cares for, and studies, archives, or exhibits property.
(b)CA Civil Law Code § 1899.1(b) A “lender’s address” is the most recent address as shown on the museum’s records pertaining to the property on loan from the lender.
(c)CA Civil Law Code § 1899.1(c) The terms “loan,” “loaned,” and “on loan” include all deposits of property with a museum which are not accompanied by a transfer of title to the property.
(d)CA Civil Law Code § 1899.1(d) “Property” includes all tangible objects, animate and inanimate, under a museum’s care which have intrinsic value to science, history, art, or culture, except that it does not include botanical or zoological specimens loaned to a museum for scientific research purposes.

Section § 1899.10

Explanation

This law is about how long you have to get back personal property you loaned to a museum. If you want your property back, you must act within three years after the museum informs you they want to end the loan. Generally, if you haven't contacted the museum about your property in over 25 years, you'll probably lose the right to recover it, and it might be considered as donated to the museum. If someone buys that property from the museum, they get a good title if the museum claims they've gained ownership this way. However, if you never got a notice about the museum wanting to end the loan and you've shown interest in keeping your rights within the last 25 years, you might still get your property back or its value, with interest.

(a)CA Civil Law Code § 1899.10(a) The three-year limitation on actions to recover personal property prescribed in Code of Civil Procedure Section 338.3 shall run from the date the museum gives the lender notice of its intent to terminate the loan pursuant to Section 1899.9.
(b)CA Civil Law Code § 1899.10(b) Except as provided in subdivision (e), effective January 1, 1985, no action shall be brought against a museum to recover property on loan when more than 25 years have passed from the date of the last written contact between the lender and the museum, as evidenced in the museum’s records.
(c)CA Civil Law Code § 1899.10(c) A lender shall be deemed to have donated loaned property to a museum if the lender fails to file an action to recover the property on loan to the museum within the periods specified in subdivisions (a) and (b).
(d)CA Civil Law Code § 1899.10(d) One who purchases property from a museum acquires good title to the property if the museum represents that it has acquired title to the property pursuant to subdivision (c).
(e)CA Civil Law Code § 1899.10(e) Notwithstanding subdivisions (b) and (c), a lender who was not given notice that the museum intended to terminate a loan and who proves that the museum received a notice of intent to preserve an interest in loaned property within the 25 years immediately preceding the date on which the lender’s right to recover the property otherwise expired under subdivision (b) may recover the property or, if the property has been disposed of, the reasonable value of the property at the time the property was disposed of with interest at the rate on judgments set by the Legislature pursuant to Section 1 of Article XV of the California Constitution.

Section § 1899.11

Explanation

This section explains that museums can choose to report property loans that have been unclaimed for over seven years to the state for handling under the Unclaimed Property Law. Before doing so, museums are required to send a notice to the property owner at least six months and no more than 12 months before reporting. The notice must inform the owner of the institution's intent to terminate the loan and the need to claim their property by a specified date to avoid it being handled as unclaimed property.

(a)CA Civil Law Code § 1899.11(a) The provisions of this chapter supersede the provisions of the Unclaimed Property Law (commencing with Section 1500 of the Code of Civil Procedure) except that at its option, a museum may report property which has been on loan unclaimed by its owner for more than seven years to the Controller pursuant to Section 1530 of the Code of Civil Procedure for disposition in accordance with the provisions of the Unclaimed Property Law.
(b)CA Civil Law Code § 1899.11(b) Not less than six months or more than 12 months before reporting any loaned property to the Controller, a museum shall mail to the lender at the lender’s address, if known, a notice of intent to report the property to the Controller. The notice shall include a statement containing substantially the following information:
“The records of _____ (name of museum) _____
indicate that you have property on loan to the institution. The institution wishes to terminate the loan. You must contact the institution, establish your ownership of the property and make arrangements to collect the property before (fill in date) or the property will be disposed of in accordance with the provisions of the Unclaimed Property Law (commencing with Section 1500 of the Code of Civil Procedure).”

Section § 1899.2

Explanation

This law explains how a museum should notify a lender about matters related to loaned items. If the museum has the lender's mailing address, it must send the notice there and receive proof it was received within 30 days. Without an address, the museum can instead publish a notice in a local newspaper for three weeks. The notice must include the lender's name and address, the loan date, and contact information for the museum. The location of the museum is identified by either the branch where the loaned item is held or its main business address.

(a)CA Civil Law Code § 1899.2(a) When a museum is required to give a lender notice pursuant to the provisions of this chapter, the museum shall be deemed to have given a lender notice if the museum mails the notice to the lender at the lender’s address and proof of receipt is received by the museum within 30 days from the date the notice was mailed. If the museum does not have an address for the lender, or if proof of receipt is not received by the museum, notice shall be deemed given if the museum publishes notice at least once a week for three successive weeks in a newspaper of general circulation in both the county in which the museum is located and the county of the lender’s address, if any.
(b)CA Civil Law Code § 1899.2(b) In addition to any other information prescribed in this chapter, notices given pursuant to it shall contain the lender’s name, the lender’s address, if known, the date of the loan and, if the notice is being given by the museum, the name, address, and telephone number of the appropriate office or official to be contacted at the museum for information regarding the loan.
(c)CA Civil Law Code § 1899.2(c) For the purposes of this section, a museum is “located” in the county of a branch of the museum to which a loan is made. In all other instances, a museum is located in the county in which it has its principal place of business.

Section § 1899.3

Explanation

This law outlines duties a museum has when accepting a loan of property that's either indefinitely long or more than seven years long. The museum needs to notify the lender in writing about this law. If someone files a claim about the loaned property, the museum must keep records of it for at least 25 years. When someone indicates they want to maintain their interest in the property, the museum must send them a receipt confirmation within 30 days. Lastly, the museum must inform the lender if the property gets damaged or lost.

(a)CA Civil Law Code § 1899.3(a) If, on or after January 1, 1984, a museum accepts a loan of property for an indefinite term, or for a term in excess of seven years, the museum shall inform the lender in writing at the time of the loan of the provisions of this chapter. A copy of the form notice prescribed in Section 1899.5, or a citation to this chapter, is adequate for this purpose.
(b)CA Civil Law Code § 1899.3(b) Unless the loaned property is returned to the claimant, the museum shall retain for a period of not less than 25 years the original or an accurate copy of each notice filed by a claimant pursuant to Section 1899.4.
(c)CA Civil Law Code § 1899.3(c) The museum shall furnish anyone who files a notice of intent to preserve an interest in property on loan proof of receipt of the notice by mailing an original receipt or a copy of the receipt portion of the form notice prescribed in Section 1899.5 to the lender or other claimant at the address given on the notice within 30 days of receiving the notice.
(d)CA Civil Law Code § 1899.3(d) A museum shall give a lender prompt notice of any known injury to or loss of property on loan.

Section § 1899.4

Explanation

Property owners loaning items to a museum must promptly inform the museum if they change their address or sell the property. Not doing so might cause them to lose legal rights to their property. Owners can also file a notice with the museum if they want to keep their legal interest in the loaned property, although this notice doesn’t make an invalid or expired claim valid again.

(a)CA Civil Law Code § 1899.4(a) It is the responsibility of the owner of property on loan to a museum to notify the museum promptly in writing of any change of address or change in ownership of the property. Failure to notify the museum of these changes may result in the owner’s loss of rights in the property.
(b)CA Civil Law Code § 1899.4(b) The owner of property on loan to a museum may file with the museum a notice of intent to preserve an interest in the property as provided for in Section 1899.5. The filing of a notice of intent to preserve an interest in property on loan to a museum does not validate or make enforceable any claim which would be extinguished under the terms of a written loan agreement, or which would otherwise be invalid or unenforceable.

Section § 1899.5

Explanation

If you want to keep your rights in a piece of property that you've loaned to a museum, you must file a written notice with the museum. This notice must clearly describe the property, provide proof that you own it, and be signed by you or someone authorized to act for you. The museum doesn’t have to keep notices that don’t meet these standards, but they must let you know if they’re rejecting your notice and why. Even if the museum accepts a notice, it doesn’t mean they agree with the accuracy. Additionally, this process isn't subject to public record laws, so your notice is kept private.

(a)CA Civil Law Code § 1899.5(a) A notice of intent to preserve an interest in property on loan to a museum filed pursuant to this chapter shall be in writing, shall contain a description of the property adequate to enable the museum to identify the property, shall be accompanied by documentation sufficient to establish the claimant as owner of the property, and shall be signed under penalty of perjury by the claimant or by a person authorized to act on behalf of the claimant.
(b)CA Civil Law Code § 1899.5(b) The museum need not retain a notice that does not meet the requirements set forth in subdivision (a). If, however, the museum does not intend to retain a notice for this reason, the museum shall promptly notify the claimant at the address given on the notice that it believes the notice is ineffective to preserve an interest, and the reasons therefor. The fact that the museum retains a notice shall not be construed to mean that the museum accepts the sufficiency or accuracy of the notice or that the notice is effective to preserve an interest in property on loan to the museum.
(c)CA Civil Law Code § 1899.5(c) A notice of intent to preserve an interest in property on loan to a museum which is in substantially the following form, and contains the information and attachments described, satisfies the requirements of subdivision (a):

NOTICE OF INTENT TO PRESERVE AN INTEREST IN PROPERTY ON LOAN TO A MUSEUM
TO THE LENDER:  Section 1899.4 of the California Civil Code requires that you notify the museum promptly in writing of any change of address or ownership of the property. If the museum is unable to contact you regarding your loan, you may lose rights in the loaned property. If you choose to file this form with the museum to preserve your interest in the property, the museum is required to maintain it, or a copy of it, for 25 years. For full details, see Section 1899, et seq. of the California Civil Code.
TO THE MUSEUM:  You are hereby notified that the undersigned claims an interest in the property described herein.

Claimant
Name:
Address:
Telephone:
Social Security Number (optional):
Museum Name:
Date Property Loaned:
Interest in Property:
If you are not the original lender, describe the origin of your interest in the property and attach a copy of any document creating your interest:
Description of Property:
Unless an accurate, legible copy of the original loan receipt is attached, give a detailed description of the claimed property, including its nature and general characteristics and the museum registration number assigned to the property, if known, and attach any documentary evidence you have establishing the loan:
Registration #
Description: 
(Attach additional sheets if necessary.)
I understand that I must promptly notify the museum in writing of any change of address or change in ownership of the loaned property.
I declare under penalty of perjury that to the best of my knowledge the information contained in this notice is true.
Signed: ________________ Date:
(claimant) _____
OR
I declare under penalty of perjury that I am authorized to act on behalf of the claimant and am informed and believe that the information contained in this notice is true.
Signed: ______________________ Date:
(claimant’s representative) _____
RECEIPT FOR NOTICE OF INTENT
TO PRESERVE AN INTEREST IN PROPERTY
(For use by the museum.)
Notice received by:
Date of receipt:
Copy of receipt returned to claimant:
By
Date: 
(d)CA Civil Law Code § 1899.5(d) Notices of intent to preserve an interest in property on loan to a museum filed pursuant to this chapter are exempt from the disclosure requirements of the California Public Records Act (Division 10 (commencing with Section 7920.000) of the Government Code).

Section § 1899.6

Explanation

This law allows museums to take necessary action to conserve or dispose of artwork or objects on loan when there's no written loan agreement saying otherwise. If immediate action is needed to protect the items or others in the museum, or if the item poses a danger, the museum can act without the lender's permission. The museum must try to contact the lender, but if they can't be reached or disagree with the proposed measures, the museum can proceed. After publication of a notice and no response for 120 days, action can be taken. If the museum incurs costs from these actions, they can lien against the property or its sale proceeds, and they aren’t liable if they acted in good faith.

(a)CA Civil Law Code § 1899.6(a) Unless there is a written loan agreement to the contrary, a museum may apply conservation measures to or dispose of property on loan to the museum without a lender’s permission if:
(1)CA Civil Law Code § 1899.6(a)(1) Immediate action is required to protect the property on loan or to protect other property in the custody of the museum, or because the property on loan has become a hazard to the health and safety of the public or of the museum’s staff, and:
(A)CA Civil Law Code § 1899.6(a)(1)(A) The museum is unable to reach the lender at the lender’s last address of record so that the museum and the lender can promptly agree upon a solution; or
(B)CA Civil Law Code § 1899.6(a)(1)(B) The lender will not agree to the protective measures the museum recommends, yet is unwilling or unable to terminate the loan and retrieve the property.
(2)CA Civil Law Code § 1899.6(a)(2) In the case of a lender who cannot be contacted in person, the museum publishes a notice containing the information described in subdivision (a) of Section 1899.7 and there is no response for 120 days.
(b)CA Civil Law Code § 1899.6(b) If a museum applies conservation measures to or disposes of property pursuant to subdivision (a):
(1)CA Civil Law Code § 1899.6(b)(1) The museum shall have a lien on the property and on the proceeds from any disposition thereof for the costs incurred by the museum; and
(2)CA Civil Law Code § 1899.6(b)(2) The museum shall not be liable for injury to or loss of the property:
(A)CA Civil Law Code § 1899.6(b)(2)(A) If the museum had a reasonable belief at the time the action was taken that the action was necessary to protect the property on loan or other property in the custody of the museum, or that the property on loan constituted a hazard to the health and safety of the public or the museum’s staff; and
(B)CA Civil Law Code § 1899.6(b)(2)(B) If the museum applied conservation measures, the museum exercised reasonable care in the choice and application of the conservation measures.

Section § 1899.7

Explanation

If a museum can't notify a lender by mail about damage or loss of items on loan, they can publish a notice. This must include a warning that if the lender doesn't update their information in writing, they might lose rights to their property. If within three years, someone claims an item, the museum must inform them in writing about the damage or loss. If this happens quickly, the original published notice date counts as when they notified the lender.

(a)CA Civil Law Code § 1899.7(a) Except as provided in subdivision (b), if a museum is unable to give the lender the notice required by subdivision (d) of Section 1899.3 of injury to or loss of property on loan by mail, the museum shall be deemed to have given the lender notice of any injury or loss if in addition to the information required by subdivision (b) of Section 1899.2 the published notice includes a statement containing substantially the following information:
“The records of _____ (name of museum) _____
indicate that you have property on loan to it. Your failure to notify it in writing of a change of address or ownership of property on loan or to contact it in writing regarding the loan may result in the loss of rights in the loaned property. See California Civil Code Sections 1899, et seq.”
(b)CA Civil Law Code § 1899.7(b) If, within three years of giving notice of injury to or loss of loaned property by publishing the notice set forth in subdivision (a), the museum receives a notice from a claimant pursuant to Section 1899.4, the museum shall promptly advise the claimant in writing of the nature of the injury to or the fact of the loss of property on loan and the approximate date thereof. For the purposes of the limitation period in Section 1899.8, if the museum mails the information to the claimant within 30 days of the date the museum receives the notice from the claimant, the museum shall be deemed to have given the claimant notice of the injury to or loss of property on loan on the date notice by publication pursuant to subdivision (a) was completed.

Section § 1899.8

Explanation

This law states that starting from January 1, 1985, you cannot sue a museum for damages related to injury or loss of borrowed property if more than three years have passed since the museum notified the lender or more than ten years have passed since the injury or loss itself, whichever comes first.

Effective January 1, 1985, no action shall be brought against a museum for damages because of injury to or loss of property loaned to the museum more than (1) three years from the date the museum gives the lender notice of the injury or loss, or (2) ten years from the date of the injury or loss, whichever occurs earlier.

Section § 1899.9

Explanation

This law section explains that museums in California can notify a lender when they want to end a loan of items that were either loaned indefinitely or for more than seven years starting after 1984. If a museum wants to end the loan, they must send a notice to the lender explaining that the institution wants to terminate the loan, and the lender must prove ownership and collect their property. If the lender does not respond promptly, the property is considered a donation to the museum. Additionally, if the property remains with the museum after a loan's specified end date, it automatically becomes an indefinite loan.

(a)CA Civil Law Code § 1899.9(a) A museum may give the lender notice of the museum’s intent to terminate a loan which was made for an indefinite term, or which was made on or after January 1, 1984, for a term in excess of seven years.
A notice of intent to terminate a loan given pursuant to this section shall include a statement containing substantially the following information:
“The records of _____ (name of museum) _____
indicate that you have property on loan to it. The institution wishes to terminate the loan. You must contact the institution, establish your ownership of the property, and make arrangements to collect the property. If you fail to do so promptly, you will be deemed to have donated the property to the institution. See California Civil Code Sections 1899, et seq.”
(b)CA Civil Law Code § 1899.9(b) For the purposes of this chapter, a loan for a specified term becomes a loan for an indefinite term if the property remains in the custody of the museum when the specified term expires.

Section § 1939.01

Explanation

This law defines various terms related to car rental businesses in California. A 'rental company' is any business renting passenger vehicles, while a 'renter' is someone who rents such a vehicle for less than 30 days. Specific fees like 'customer facility charges', 'airport concession fees', and 'vehicle license recovery fees' are outlined, explaining how charges are calculated and collected. The law also defines terms associated with rental agreements, including who qualifies as an 'authorized driver', what constitutes a 'damage waiver', and details on 'membership programs' that allow renters to bypass normal rental procedures. Additionally, it explains 'electronic surveillance technology' and how it may be used by rental companies.

For the purpose of this chapter, the following definitions shall apply:
(a)CA Civil Law Code § 1939.01(a) “Rental company” means a person or entity in the business of renting passenger vehicles to the public.
(b)CA Civil Law Code § 1939.01(b) “Renter” means any person in a manner obligated under a contract for the lease or hire of a passenger vehicle from a rental company for a period of less than 30 days.
(c)CA Civil Law Code § 1939.01(c) “Additional mandatory charges” means any separately stated charges that the rental company requires the renter to pay to hire or lease the vehicle for the period of time to which the rental rate applies, which are imposed by a governmental entity and specifically relate to the operation of a rental vehicle business, including, but not limited to, a customer facility charge, airport concession fee, tourism commission assessment, vehicle license recovery fee, or other government-imposed taxes or fees.
(d)CA Civil Law Code § 1939.01(d) “Airport concession fee” means a charge collected by a rental company from a renter that is the renter’s proportionate share of the amount paid by the rental company to the owner or operator of an airport for the right or privilege of conducting a vehicle rental business on the airport’s premises.
(e)CA Civil Law Code § 1939.01(e) “Authorized driver” means all of the following:
(1)CA Civil Law Code § 1939.01(e)(1) The renter.
(2)CA Civil Law Code § 1939.01(e)(2) The renter’s spouse, if that person is a licensed driver and satisfies the rental company’s minimum age requirement.
(3)CA Civil Law Code § 1939.01(e)(3) The renter’s employer or coworker, if the employer or coworker is engaged in business activity with the renter, is a licensed driver, and satisfies the rental company’s minimum age requirement.
(4)CA Civil Law Code § 1939.01(e)(4) A person expressly listed by the rental company on that renter’s contract as an authorized driver.
(f)CA Civil Law Code § 1939.01(f) “Customer facility charge” means any fee, including an alternative fee, required by an airport to be collected by a rental company from a renter pursuant to Section 50474.21 of the Government Code.
(g)CA Civil Law Code § 1939.01(g) “Damage waiver” means a rental company’s agreement not to hold a renter liable for all or any portion of any damage or loss related to the rented vehicle, any loss of use of the rented vehicle, or any storage, impound, towing, or administrative charges.
(h)CA Civil Law Code § 1939.01(h) “Electronic surveillance technology” means a technological method or system used to observe, monitor, or collect information, including telematics, Global Positioning System (GPS), wireless technology, or location-based technologies. “Electronic surveillance technology” does not include event data recorders (EDR), sensing and diagnostic modules (SDM), or other systems that are used either:
(1)CA Civil Law Code § 1939.01(h)(1) For the purpose of identifying, diagnosing, or monitoring functions related to the potential need to repair, service, or perform maintenance on the rental vehicle.
(2)CA Civil Law Code § 1939.01(h)(2) As part of the vehicle’s airbag sensing and diagnostic system in order to capture safety systems-related data for retrieval after a crash has occurred or in the event that the collision sensors are activated to prepare the decisionmaking computer to make the determination to deploy or not to deploy the airbag.
(i)CA Civil Law Code § 1939.01(i) “Estimated time for replacement” means the number of hours of labor, or fraction thereof, needed to replace damaged vehicle parts as set forth in collision damage estimating guides generally used in the vehicle repair business and commonly known as “crash books.”
(j)CA Civil Law Code § 1939.01(j) “Estimated time for repair” means a good faith estimate of the reasonable number of hours of labor, or fraction thereof, needed to repair damaged vehicle parts.
(k)CA Civil Law Code § 1939.01(k) “Membership program” means a service offered by a rental company that permits customers to bypass the rental counter and go directly to the vehicle previously reserved or select an alternate vehicle. A membership program shall meet all of the following requirements:
(1)CA Civil Law Code § 1939.01(k)(1) The renter initiates enrollment by completing an application on which the renter can specify a preference for type of vehicle and acceptance or declination of optional services.
(2)CA Civil Law Code § 1939.01(k)(2) The rental company fully discloses, prior to the enrollee’s first rental as a participant in the program, all terms and conditions of the rental agreement as well as all required disclosures.
(3)CA Civil Law Code § 1939.01(k)(3) The renter may terminate enrollment at any time.
(4)CA Civil Law Code § 1939.01(k)(4) The rental company fully explains to the renter that designated preferences, as well as acceptance or declination of optional services, may be changed by the renter at any time for the next and future rentals.
(5)CA Civil Law Code § 1939.01(k)(5) An employee is available at the lot where the renter takes possession of the vehicle, to receive any change in the rental agreement from the renter.
(l)CA Civil Law Code § 1939.01(l) “Passenger vehicle” or “vehicle” means a “passenger vehicle” as defined in Section 465 of the Vehicle Code.
(m)CA Civil Law Code § 1939.01(m) “Personal vehicle sharing program” means a person or entity that for monetary compensation facilitates sharing or renting passenger vehicles to the public, including via a peer-to-peer internet website, application, or other platform that connects a vehicle owner with a vehicle driver to facilitate sharing or renting a vehicle for consideration, and includes a personal vehicle sharing program as defined in Section 11580.24 of the Insurance Code.
(n)CA Civil Law Code § 1939.01(n) “Quote” means an estimated cost of rental provided by a rental company or a third party to a potential customer that is based on information provided by the potential customer and used to generate an estimated cost of rental, including, but not limited to, potential dates of rental, locations, or classes of vehicle.
(o)CA Civil Law Code § 1939.01(o) “Tourism commission assessment” means the charge collected by a rental company from a renter that has been established by the California Travel and Tourism Commission pursuant to Section 13995.65 of the Government Code.
(p)CA Civil Law Code § 1939.01(p) “Vehicle license fee” means the tax imposed pursuant to the Vehicle License Fee Law (Part 5 (commencing with Section 10701) of Division 2 of the Revenue and Taxation Code).
(q)CA Civil Law Code § 1939.01(q) “Vehicle registration fee” means any fee imposed pursuant to any provision of Chapter 6 (commencing with Section 9101) of Division 3 of the Vehicle Code or any other law that imposes a fee upon the registration of vehicles in this state.
(r)CA Civil Law Code § 1939.01(r) “Vehicle license recovery fee” means a charge that seeks to recover the amount of any vehicle license fee and vehicle registration fee paid by a rental company for the particular class of vehicle being rented. If imposed, the vehicle license recovery fee shall be separately stated as a single charge in the quote and rental contract.

Section § 1939.03

Explanation

This law explains what a renter is financially responsible for if they damage a rental car. Renters can be charged for the car's market value if damaged or stolen, but theft charges only apply if the renter didn't take reasonable care, like securing keys. If vandalism happens after theft, renters aren't liable if they're not to blame for the theft. Renters could also be charged up to $500 for vandalism unrelated to theft, along with fees for towing and storage, and some administrative costs.

Except as limited by Section 1939.05, a rental company and a renter may agree that the renter will be responsible for no more than all of the following:
(a)CA Civil Law Code § 1939.03(a) Physical or mechanical damage to the rented vehicle up to its fair market value, as determined in the customary market for the sale of that vehicle, resulting from collision regardless of the cause of the damage.
(b)CA Civil Law Code § 1939.03(b) Loss due to theft of the rented vehicle up to its fair market value, as determined in the customary market for the sale of that vehicle, provided that the rental company establishes by clear and convincing evidence that the renter or the authorized driver failed to exercise ordinary care while in possession of the vehicle. In addition, the renter shall be presumed to have no liability for any loss due to theft if (1) an authorized driver has possession of the ignition key furnished by the rental company or an authorized driver establishes that the ignition key furnished by the rental company was not in the vehicle at the time of the theft, and (2) an authorized driver files an official report of the theft with the police or other law enforcement agency within 24 hours of learning of the theft and reasonably cooperates with the rental company and the police or other law enforcement agency in providing information concerning the theft. The presumption set forth in this subdivision is a presumption affecting the burden of proof which the rental company may rebut by establishing that an authorized driver committed, or aided and abetted the commission of, the theft.
(c)CA Civil Law Code § 1939.03(c) Physical damage to the rented vehicle up to its fair market value, as determined in the customary market for the sale of that vehicle, resulting from vandalism occurring after, or in connection with, the theft of the rented vehicle. However, the renter shall have no liability for any damage due to vandalism if the renter would have no liability for theft pursuant to subdivision (b).
(d)CA Civil Law Code § 1939.03(d) Physical damage to the rented vehicle up to a total of five hundred dollars ($500) resulting from vandalism unrelated to the theft of the rented vehicle.
(e)CA Civil Law Code § 1939.03(e) Actual charges for towing, storage, and impound fees paid by the rental company if the renter is liable for damage or loss.
(f)CA Civil Law Code § 1939.03(f) An administrative charge, which shall include the cost of appraisal and all other costs and expenses incident to the damage, loss, repair, or replacement of the rented vehicle.

Section § 1939.05

Explanation

This law sets limits on how much a renter can owe a rental car company for vehicle damages. The renter’s liability is capped at the cost of parts and labor for repairs or replacement, plus towing and storage fees. Discounts that the rental company gets must reduce these costs for the renter. The time for repairs is converted into standard eight-hour days to align with rental rates. The company can also charge an administrative fee, but it varies based on repair costs and isn't charged for minimal damages. If you're the authorized driver, you will only be liable for damages up to the renter’s liability cap.

(a)CA Civil Law Code § 1939.05(a) The total amount of the renter’s liability to the rental company resulting from damage to the rented vehicle shall not exceed the sum of the following:
(1)CA Civil Law Code § 1939.05(a)(1) The estimated cost of parts which the rental company would have to pay to replace damaged vehicle parts.
(2)CA Civil Law Code § 1939.05(a)(2) The estimated cost of labor to replace damaged vehicle parts, which shall not exceed the product of (A) the rate for labor usually paid by the rental company to replace vehicle parts of the type that were damaged and (B) the estimated time for replacement.
(3)CA Civil Law Code § 1939.05(a)(3) The estimated cost of labor to repair damaged vehicle parts, which shall not exceed the lesser of the following:
(A)CA Civil Law Code § 1939.05(a)(3)(A) The product of the rate for labor usually paid by the rental company to repair vehicle parts of the type that were damaged and the estimated time for repair.
(B)CA Civil Law Code § 1939.05(a)(3)(B) The sum of the estimated labor and parts costs determined under paragraphs (1) and (2) to replace the same vehicle parts.
(4)CA Civil Law Code § 1939.05(a)(4) Actual charges for towing, storage, and impound fees paid by the rental company.
(b)CA Civil Law Code § 1939.05(b) For purposes of subdivision (a), all discounts and price reductions or adjustments that are or will be received by the rental company shall be subtracted from the estimate to the extent not already incorporated in the estimate, or otherwise promptly credited or refunded to the renter.
(c)CA Civil Law Code § 1939.05(c) For the purpose of converting the estimated time for repair into the same units of time in which the rental rate is expressed, a day shall be deemed to consist of eight hours.
(d)CA Civil Law Code § 1939.05(d) The administrative charge described in subdivision (f) of Section 1939.03 shall not exceed (1) fifty dollars ($50) if the total estimated cost for parts and labor is more than one hundred dollars ($100) up to and including five hundred dollars ($500), (2) one hundred dollars ($100) if the total estimated cost for parts and labor exceeds five hundred dollars ($500) up to and including one thousand five hundred dollars ($1,500), or (3) one hundred fifty dollars ($150) if the total estimated cost for parts and labor exceeds one thousand five hundred dollars ($1,500). An administrative charge shall not be imposed if the total estimated cost of parts and labor is one hundred dollars ($100) or less.
(e)CA Civil Law Code § 1939.05(e) The total amount of an authorized driver’s liability to the rental company, if any, for damage occurring during the authorized driver’s operation of the rented vehicle shall not exceed the amount of the renter’s liability under this section.
(f)CA Civil Law Code § 1939.05(f) A rental company shall not recover from an authorized driver an amount exceeding the renter’s liability under this section.

Section § 1939.07

Explanation

This law section outlines how rental companies in California should handle claims against renters for damages to rental vehicles. It states that claims must reflect the actual loss and should not exceed repair costs unless the vehicle is a total loss. In that case, the claim should not exceed the value typical insurance companies use. If a renter's insurance covers the loss, the rental company must work with the insurance and cannot insist on dealing with the renter alone. Renters are still responsible for any damages not covered by their insurance. Rental companies also cannot claim damages from an authorized driver if they have already recovered the costs from someone else. Finally, this law only applies to the renter's liability to the rental company, not to anyone else's liability.

(a)CA Civil Law Code § 1939.07(a) A claim against a renter resulting from damage or loss, excluding loss of use, to a rental vehicle shall be reasonably and rationally related to the actual loss incurred. A rental company shall mitigate damages where possible and shall not assert or collect a claim for physical damage which exceeds the actual costs of the repairs performed or the estimated cost of repairs, if the rental company chooses not to repair the vehicle, including all discounts and price reductions. However, if the vehicle is a total loss vehicle, the claim shall not exceed the total loss vehicle value established in accordance with procedures that are customarily used by insurance companies when paying claims on total loss vehicles, less the proceeds from salvaging the vehicle, if those proceeds are retained by the rental company.
(b)CA Civil Law Code § 1939.07(b) If insurance coverage exists under the renter’s applicable personal or business insurance policy and the coverage is confirmed during regular business hours, the renter may require that the rental company submit any claims to the renter’s applicable personal or business insurance carrier. The rental company shall not make any written or oral representations that it will not present claims or negotiate with the renter’s insurance carrier. For purposes of this subdivision, confirmation of coverage includes telephone confirmation from insurance company representatives during regular business hours. Upon request of the renter and after confirmation of coverage, the amount of claim shall be resolved between the insurance carrier and the rental company. The renter shall remain responsible for payment to the rental company for any loss sustained that the renter’s applicable personal or business insurance policy does not cover.
(c)CA Civil Law Code § 1939.07(c) A rental company shall not recover from an authorized driver for an item described in Section 1939.03 to the extent the rental company obtains recovery from another person.
(d)CA Civil Law Code § 1939.07(d) This chapter applies only to the maximum liability of an authorized driver to the rental company resulting from damage to the rented vehicle and not to the liability of another person.

Section § 1939.09

Explanation

This section outlines how damage waivers work in car rental agreements. Generally, if you purchase a damage waiver, you're not responsible for damage to the rental car. However, exceptions exist—such as damage caused by reckless driving, driving under the influence, or using the car for illegal activities. Rental companies must clearly explain the terms and costs of these waivers, including that they might duplicate your existing insurance coverage. They are required to provide both oral and written disclosures about this potential duplicate coverage. Companies can charge for damage waivers, but there are limits on how much they can charge, which are subject to annual adjustments based on inflation.

(a)Copy CA Civil Law Code § 1939.09(a)
(1)Copy CA Civil Law Code § 1939.09(a)(1) Except as provided in subdivision (b), a damage waiver shall provide or, if not expressly stated in writing, shall be deemed to provide that the renter has no liability for damage, loss, loss of use, or a cost or expense incident thereto.
(2)CA Civil Law Code § 1939.09(a)(2) Except as provided in subdivision (b), every limitation, exception, or exclusion to a damage waiver is void and unenforceable.
(b)CA Civil Law Code § 1939.09(b) A rental company may provide in the rental contract that a damage waiver does not apply under any of the following circumstances:
(1)CA Civil Law Code § 1939.09(b)(1) Damage or loss results from an authorized driver’s (A) intentional, willful, wanton, or reckless conduct, (B) operation of the vehicle under the influence of drugs or alcohol in violation of Section 23152 of the Vehicle Code, (C) towing or pushing anything, or (D) operation of the vehicle on an unpaved road if the damage or loss is a direct result of the road or driving conditions.
(2)CA Civil Law Code § 1939.09(b)(2) Damage or loss occurs while the vehicle is (A) used for commercial hire, (B) used in connection with conduct that could be properly charged as a felony, (C) involved in a speed test or contest or in driver training activity, (D) operated by a person other than an authorized driver, or (E) operated outside the United States.
(3)CA Civil Law Code § 1939.09(b)(3) An authorized driver who has (A) provided fraudulent information to the rental company, or (B) provided false information and the rental company would not have rented the vehicle if it had instead received true information.
(c)Copy CA Civil Law Code § 1939.09(c)
(1)Copy CA Civil Law Code § 1939.09(c)(1) A rental company that offers or provides a damage waiver for any consideration in addition to the rental rate shall clearly and conspicuously disclose the following information in the rental contract or holder in which the contract is placed and, also, in signs posted at the location where the renter signs the rental contract, and, for renters who are enrolled in the rental company’s membership program, in a sign that shall be posted in a location clearly visible to those renters as they enter the location where their reserved rental vehicles are parked or near the exit of the bus or other conveyance that transports the enrollee to a reserved vehicle: (A) the nature of the renter’s liability, such as liability for all collision damage regardless of cause, (B) the extent of the renter’s liability, such as liability for damage or loss up to a specified amount, (C) the renter’s personal insurance policy or the credit card used to pay for the vehicle rental transaction may provide coverage for all or a portion of the renter’s potential liability, (D) the renter should consult with their insurer to determine the scope of insurance coverage, including the amount of the deductible, if any, for which the renter is obligated, (E) the renter may purchase an optional damage waiver to cover all liability, subject to whatever exceptions the rental company expressly lists that are permitted under subdivision (b), and (F) the range of charges for the damage waiver.
(2)CA Civil Law Code § 1939.09(c)(2) In addition to the requirements of paragraph (1), a rental company that offers or provides a damage waiver shall orally disclose to all renters, except those who are participants in the rental company’s membership program, that the damage waiver may be duplicative of coverage that the customer maintains under their own policy of motor vehicle insurance. The renter shall acknowledge receipt of the oral disclosure near that part of the contract where the renter indicates, by the renter’s own initials, their acceptance or declination of the damage waiver. Adjacent to that same part, the contract also shall state that the damage waiver is optional. Further, the contract for these renters shall include a clear and conspicuous written disclosure that the damage waiver may be duplicative of coverage that the customer maintains under their own policy of motor vehicle insurance.
(3)Copy CA Civil Law Code § 1939.09(c)(3)
(A)Copy CA Civil Law Code § 1939.09(c)(3)(A) The following is an example, for purposes of illustration and not limitation, of a notice fulfilling the requirements of paragraph (1) for a rental company that imposes liability on the renter for collision damage to the full value of the vehicle:
“NOTICE ABOUT YOUR FINANCIAL RESPONSIBILITY AND OPTIONAL DAMAGE WAIVER
You are responsible for all collision damage to the rented vehicle even if someone else caused it or the cause is unknown. You are responsible for the cost of repair up to the value of the vehicle, and towing, storage, and impound fees.
Your own insurance, or the issuer of the credit card you use to pay for the vehicle rental transaction, may cover all or part of your financial responsibility for the rented vehicle. You should check with your insurance company, or credit card issuer, to find out about your coverage and the amount of the deductible, if any, for which you may be liable.
Further, if you use a credit card that provides coverage for your potential liability, you should check with the issuer to determine if you must first exhaust the coverage limits of your own insurance before the credit card coverage applies.
The rental company will not hold you responsible if you buy a damage waiver. But a damage waiver will not protect you if (list exceptions).”
(B)CA Civil Law Code § 1939.09(B) When the notice in subparagraph (A) is printed in the rental contract or holder in which the contract is placed, the following shall be printed immediately following the notice:
“The cost of an optional damage waiver is $____ for every (day or week).”
(C)CA Civil Law Code § 1939.09(C) When the notice in subparagraph (A) appears on a sign, the following shall appear immediately adjacent to the notice:
“The cost of an optional damage waiver is $____ to $____ for every (day or week), depending upon the vehicle rented.”
(d)CA Civil Law Code § 1939.09(d) Notwithstanding any other law, a rental company may sell a damage waiver for each full or partial 24-hour rental day for the damage waiver, subject to the following rate limitations:
(1)CA Civil Law Code § 1939.09(d)(1) For rental vehicles that the rental company designates as an “economy car,” “compact car,” “intermediate car,” “standard car,” “full-size car,” or another term having similar meaning to the five smallest body-size categories of vehicles established by the Association of Car Rental Industry Systems Standards for North America when offered for rental, the rate shall not exceed twenty-five dollars ($25).
(2)CA Civil Law Code § 1939.09(d)(2) Starting January 1, 2023, and each January thereafter, the rate cap shall be increased based on the increase in the Consumer Price Index for All Urban Consumers (CPI-U) over the previous year as reported by the United States Bureau of Labor Statistics.

Section § 1939.13

Explanation

This law makes it illegal for rental car companies in California to force customers to buy extra insurance or services they don't want. The rental company cannot use unfair or deceptive tactics, like refusing to give you the car you reserved or blocking money on your credit card, to pressure you into buying these optional extras.

(a)CA Civil Law Code § 1939.13(a) A rental company shall not require the purchase of a damage waiver, optional insurance, or another optional good or service.
(b)CA Civil Law Code § 1939.13(b) A rental company shall not engage in any unfair, deceptive, or coercive conduct to induce a renter to purchase the damage waiver, optional insurance, or another optional good or service, including conduct such as, but not limited to, refusing to honor the renter’s reservation, limiting the availability of vehicles, requiring a deposit, or debiting or blocking the renter’s credit card account for a sum equivalent to a deposit if the renter declines to purchase the damage waiver, optional insurance, or another optional good or service.

Section § 1939.15

Explanation

This law prohibits rental companies from charging your credit card for damages or losses to a rented car unless you specifically give them permission after the damage occurs. Additionally, rental companies are not allowed to use unfair or tricky methods to make you pay for such damages.

(a)CA Civil Law Code § 1939.15(a) In the absence of express permission granted by the renter subsequent to damage to, or loss of, the rented vehicle, a rental company shall not seek to recover any portion of a claim arising out of damage to, or loss of, the vehicle by processing a credit card charge or causing a debit or block to be placed on the renter’s credit card account.
(b)CA Civil Law Code § 1939.15(b) A rental company shall not engage in any unfair, deceptive, or coercive tactics in attempting to recover or in recovering on any claim arising out of damage to, or loss of, the rented vehicle.

Section § 1939.17

Explanation

Rental companies in California can charge customers a special fee when they rent a vehicle. This fee is called a customer facility charge or an alternative customer facility charge, and it is allowed under specific government regulations.

A customer facility charge or alternative customer facility charge may be collected by a rental company pursuant to Section 50474.3 of the Government Code.

Section § 1939.19

Explanation

This law describes what rental car companies in California must do when quoting prices to ensure transparency and avoid unexpected costs for renters. It specifies that rental companies can list separate fees for the rental rate, mandatory charges, and mileage, but can't add unexpected fees. When giving a quote, companies must provide a clear estimate including all mandatory charges and not exceed this estimate unless the renter changes the booking. Renters can be charged for optional services like insurance or accessories if they choose them. Charges can be applied for additional drivers unless they are immediate family or colleagues. If unauthorized drivers use the car, a higher fee may apply. Advertisements must specify any extra charges for fuel, mileage, and other conditions. Renters should not be charged for the time a rental car is delivered or picked up from a non-standard location.

(a)CA Civil Law Code § 1939.19(a) When providing a quote, or imposing charges for a rental, the rental company may separately state the rental rate, additional mandatory charges, if any, and a mileage charge, if any, that a renter must pay to hire or lease the vehicle for the period of time to which the rental rate applies. A rental company shall not charge in addition to the rental rate, additional mandatory charges, or a mileage charge, as those may be applicable, any other fee that is required to be paid by the renter as a condition of hiring or leasing the vehicle.
(b)CA Civil Law Code § 1939.19(b) If additional mandatory charges are imposed, the rental company shall do each of the following:
(1)CA Civil Law Code § 1939.19(b)(1) At the time the quote is given, provide the person receiving the quote with a good faith estimate of the rental rate and all additional mandatory charges, as well as the total charges for the entire rental. The total charges, if provided on an internet website page, shall be displayed in a typeface at least as large as any rental rate disclosed on that page and shall be provided on a page that the person receiving the quote may reach by following a link directly from the page on which the rental rate is first provided. The good faith estimate may exclude mileage charges and charges for optional items that cannot be determined prior to completing the reservation based upon the information provided by the person.
(2)CA Civil Law Code § 1939.19(b)(2) At the time and place the rental commences, clearly and conspicuously disclose in the rental contract, or that portion of the contract that is provided to the renter, the total of the rental rate and additional mandatory charges, for the entire rental, exclusive of charges that cannot be determined at the time the rental commences. Charges imposed pursuant to this paragraph shall be no more than the amount of the quote provided in a confirmed reservation, unless the person changes the terms of the rental contract subsequent to making the reservation.
(3)CA Civil Law Code § 1939.19(b)(3) Provide each person, other than those persons within the rental company, offering quotes to actual or prospective customers access to information about additional mandatory charges, as well as access to information about when those charges apply. Any person providing quotes to actual or prospective customers for the hire or lease of a vehicle from a rental company shall provide the quotes in the manner described in paragraph (1).
(c)CA Civil Law Code § 1939.19(c) In addition to the rental rate, taxes, additional mandatory charges, if any, and mileage charges, if any, a rental company may charge for an item or service provided in connection with a particular rental transaction if the renter could have avoided incurring the charge by choosing not to obtain or utilize the optional item or service. Items and services for which the rental company may impose an additional charge include, but are not limited to, optional insurance and accessories requested by the renter, service charges incident to the renter’s optional return of the vehicle to a location other than the location where the vehicle was hired or leased, and charges for refueling the vehicle at the conclusion of the rental transaction in the event the renter did not return the vehicle with as much fuel as was in the fuel tank at the beginning of the rental. A rental company also may impose an additional charge based on reasonable age criteria established by the rental company.
(d)CA Civil Law Code § 1939.19(d) A rental company may charge a fee for an authorized driver, in addition to the rental charge for an individual renter, unless the authorized driver is either of the following:
(1)CA Civil Law Code § 1939.19(d)(1) The renter’s spouse, as described in paragraph (2) of subdivision (e) of Section 1939.01, the renter’s child or person for whom the renter is a legal guardian, the renter’s sibling, or the renter’s parent or grandparent.
(2)CA Civil Law Code § 1939.19(d)(2) The renter’s employer or coworker, as described in paragraph (3) of subdivision (e) of Section 1939.01.
(e)CA Civil Law Code § 1939.19(e) In the event that a rental company learns that an additional driver who was not previously authorized in the rental agreement has driven the rental car, the rental company may charge up to twice the authorized driver fee.
(f)CA Civil Law Code § 1939.19(f) If a rental company states a rental rate in print advertisement or in a quotation, the rental company shall disclose clearly in that advertisement or quotation the terms of mileage conditions relating to the advertised or quoted rental rate, including, but not limited to, to the extent applicable, the amount of mileage and gas charges, the number of miles for which no charges will be imposed, and a description of geographic driving limitations within the United States and Canada.
(g)CA Civil Law Code § 1939.19(g) All rate advertisements shall include a disclaimer, which shall be prominently displayed, providing that additional mandatory charges may be imposed, including, but not limited to, airport fees, tourism fees, vehicle license recovery fees, or other government imposed taxes or fees, and indicating that this information, including an estimate of the total rental cost, is displayed on the rental company’s internet website. All rate advertisements shall also include a statement that additional charges may apply if an optional good or service, such as a damage waiver, is purchased.
(h)CA Civil Law Code § 1939.19(h) If any person or entity other than a rental company, including a passenger carrier or a seller of travel services, advertises a rental rate for a vehicle rental that includes additional mandatory charges, that person or entity shall clearly disclose the existence and amount of the charges. If a rental company provides the person or entity with rental rate and additional mandatory charges information, the rental car company is not responsible for the failure of that person or entity to comply with this subdivision.
(i)CA Civil Law Code § 1939.19(i) If a rental company delivers a vehicle to a renter at a location other than the location where the rental company normally carries on its business, the rental company shall not charge the renter an amount for the rental for the period before the delivery of the vehicle. If a rental company picks up a rented vehicle from a renter at a location other than the location where the rental company normally carries on its business, the rental company shall not charge the renter an amount for the rental for the period after the renter notifies the rental company to pick up the vehicle.
(j)CA Civil Law Code § 1939.19(j) Except as otherwise permitted pursuant to the customer facility charge, a rental company shall not separately charge, in addition to the rental rate, a fee for transporting the renter to a location where the rented vehicle will be delivered to the renter.

Section § 1939.20

Explanation

This law says that if a rental company tells you about extra charges following certain rules, they're not breaking the law by leaving those charges out of the advertised rental car price. However, it goes into effect starting July 1, 2024.

(a)CA Civil Law Code § 1939.20(a) A rental company is not in violation of paragraph (29) of subdivision (a) of Section 1770 for excluding from the advertised, displayed, or offered price of a rental vehicle charges that are disclosed to the consumer in compliance with subdivisions (a), (b), and (g) of Section 1939.19.
(b)CA Civil Law Code § 1939.20(b) This section shall become operative on July 1, 2024.

Section § 1939.21

Explanation

This section outlines rules for rental companies when providing car rentals to business customers under special agreements called 'business programs.' These programs involve special rates and terms that differ from those offered to the public. The law defines key terms like 'additional charges,' 'business renter,' and 'qualified business rental.' Rental companies can separately list extra charges for these rentals as long as they provide a total cost estimate excluding charges that are unknown at booking time. Renters have the right to sue for violations, and prevailing parties can recover attorney fees. The terms of this section cannot be waived, meaning no one can set them aside.

(a)CA Civil Law Code § 1939.21(a) For purposes of this section:
(1)CA Civil Law Code § 1939.21(a)(1) “Additional charges” means charges other than a per period base rental rate established by the business program.
(2)CA Civil Law Code § 1939.21(a)(2) “Business program” means either of the following:
(A)CA Civil Law Code § 1939.21(a)(2)(A) A contract between a rental company and a business program sponsor that has established the per period base rental rate, and any other material terms relating to additional charges, on which the rental company will rent passenger vehicles to persons authorized by the sponsor.
(B)CA Civil Law Code § 1939.21(a)(2)(B) A plan, program, or other arrangement established by a rental company at the request of, or with the consent of, a business program sponsor under which the rental company offers to rent passenger vehicles to persons authorized by the sponsor at per period base rental rates, and any other material terms relating to additional charges, that are not the same as those generally offered by the rental company to the public.
(3)CA Civil Law Code § 1939.21(a)(3) “Business program sponsor” means a legal entity, other than a natural person, that is a corporation, limited liability company, or partnership.
(4)CA Civil Law Code § 1939.21(a)(4) “Business renter” means, for any business program sponsor, a person who is authorized by the sponsor, through the use of an identifying number or program name or code, to enter into a rental contract under the sponsor’s business program. In no case shall the term “business renter” include a person renting as any of the following:
(A)CA Civil Law Code § 1939.21(a)(4)(A) A nonemployee member of a not-for-profit organization.
(B)CA Civil Law Code § 1939.21(a)(4)(B) The purchaser of a voucher or other prepaid rental arrangement from a person, including a tour operator, engaged in the business of reselling those vouchers or prepaid rental arrangements to the general public.
(C)CA Civil Law Code § 1939.21(a)(4)(C) An individual whose vehicle rental is eligible for reimbursement in whole or in part as a result of the person being insured or provided coverage under a policy of insurance issued by an insurance company.
(D)CA Civil Law Code § 1939.21(a)(4)(D) An individual whose vehicle rental is eligible for reimbursement in whole or in part as a result of the person purchasing passenger vehicle repair services from a person licensed to perform such services.
(5)CA Civil Law Code § 1939.21(a)(5) “Qualified business rental” under a business program established for a business program sponsor by a rental company means the rental of a passenger vehicle under the business program if either:(A) in the 12-month period ending on the date of the rental or in the calendar year immediately preceding the year in which the rental occurs, the rentals under all business programs established by the rental company for the business program sponsor and its affiliates produced gross rental revenues in excess of twenty-five thousand dollars ($25,000) or (B) the rental company in good faith estimates that rentals under all the business programs established by the rental company for the business program sponsor and its affiliates will produce gross rental revenues in excess of twenty-five thousand dollars ($25,000) in the 12-month period commencing with the date of the rental or in the calendar year in which the rental occurs. The rental company has the burden of establishing by objectively verifiable evidence that the rental was a qualified business rental.
(6)CA Civil Law Code § 1939.21(a)(6) “Quote” means telephonic, in-person, and computer-transmitted quotations.
(b)CA Civil Law Code § 1939.21(b) Notwithstanding any provision to the contrary contained in Section 1939.19 or 1939.23, a rental company may, in connection with the qualified business rental of a passenger vehicle to a business renter of a business program sponsor under the sponsor’s business program, do both of the following:
(1)CA Civil Law Code § 1939.21(b)(1) Separately quote additional charges for the rental if, at the time the quote is provided, the person receiving the quote is also provided a good faith estimate of the total of all the charges for the entire rental. The estimate may exclude mileage charges and charges for optional items and services that cannot be determined prior to completing the reservation based upon the information provided by the renter.
(2)CA Civil Law Code § 1939.21(b)(2) Separately impose additional charges for the rental, if the rental contract, or another document provided to the business renter at the time and place the rental commences, clearly and conspicuously discloses the total of all the charges for the entire rental, exclusive of charges that cannot be determined at the time the rental commences.
(c)CA Civil Law Code § 1939.21(c) A renter may bring an action against a rental company for the recovery of damages and appropriate equitable relief for a violation of this section. The prevailing party shall be entitled to recover reasonable attorney’s fees and costs.
(d)CA Civil Law Code § 1939.21(d) Any waiver of any of the provisions of this section shall be void and unenforceable as contrary to public policy.
(e)CA Civil Law Code § 1939.21(e) This section shall not be interpreted to mean that a rental company is not required to comply with the requirements of subdivisions (c) to (h), inclusive, of Section 1939.19.

Section § 1939.22

Explanation

This law states that a rental company can only send messages to a renter via electronic means if the renter has agreed to it in their rental or lease agreement. Additionally, renters cannot be denied a rental agreement if they decide they don't want to get communications electronically. The term 'electronically' doesn't include messages sent to a cell phone.

A rental company shall send communications to a renter electronically if the renter agrees to that communication in the rental or lease agreement. A rental company shall not deny a rental or lease agreement if the renter chooses not to receive communications electronically. For purposes of this section, “electronically” does not include a cellular telephone.

Section § 1939.23

Explanation

This law outlines when a rental company in California can use electronic surveillance on a rental vehicle. Generally, they can't track the renter using this technology except in specific cases: if the car is reported stolen, missing, or abandoned, or if the car is a part of an AMBER Alert. The company can also use the technology if requested by law enforcement with proper legal documents. The law allows certain technologies for navigational assistance, unlocking, or roadside help, as long as they're not used to track the renter. Companies must keep records of any surveillance technology used in specific cases, but can't use these tools to penalize renters with fines or fees.

(a)CA Civil Law Code § 1939.23(a) A rental company shall not use, access, or obtain any information relating to the renter’s use of the rental vehicle that was obtained using electronic surveillance technology, except in the following circumstances:
(1)Copy CA Civil Law Code § 1939.23(a)(1)
(A)Copy CA Civil Law Code § 1939.23(a)(1)(A) When the equipment is used by the rental company only for the purpose of locating a stolen, abandoned, or missing rental vehicle after one of the following:
(i)CA Civil Law Code § 1939.23(a)(1)(A)(i) The renter or law enforcement has informed the rental company that the vehicle is missing or has been stolen or abandoned.
(ii)CA Civil Law Code § 1939.23(a)(1)(A)(ii) If the rental vehicle has not been returned following 24 hours after the contracted return date or by 24 hours following the end of an extension of that return date, the rental company may activate electronic surveillance technology. The rental company shall provide notice of activation of the electronic surveillance technology 24 hours before activation, by telephone and electronically pursuant to Section 1939.22, unless the renter has not provided a telephone number or the renter has not agreed to electronic communication pursuant to Section 1939.22. The rental or lease agreement shall advise the renter that electronic surveillance technology may be activated if the rental vehicle has not been returned within 24 hours after the contracted return date or extension of the return date. The renter shall acknowledge this advisement in the rental or lease agreement by initials. The advisement shall also be made orally to the renter at the time of executing the rental or lease agreement if the transaction is completed in person or by telephone. The advisements are not required to be made to members of the rental company’s membership program executing a rental or lease agreement. However, a renter shall be given those advisements upon enrolling in the rental company’s membership program.
(iii)CA Civil Law Code § 1939.23(a)(1)(A)(iii) Notwithstanding clause (ii), if the rental vehicle has not been returned following one week after the contracted return date or by one week following the end of an extension of that return date.
(iv)CA Civil Law Code § 1939.23(a)(1)(A)(iv) The rental company discovers the rental vehicle has been stolen or abandoned, and, if stolen, the rental company shall report the vehicle stolen to law enforcement by filing a stolen vehicle report, unless law enforcement has already informed the rental company that the vehicle is missing or has been stolen or abandoned.
(v)CA Civil Law Code § 1939.23(a)(1)(A)(v) The rental vehicle is the subject of an AMBER Alert issued pursuant to Section 8594 of the Government Code. If the rental company uses the equipment in connection with this provision relating to an AMBER Alert, the rental company shall notify law enforcement that one of the rental company’s vehicles is the subject of an AMBER Alert upon becoming aware of the situation, unless law enforcement has already informed the rental company that the vehicle was the subject of an AMBER Alert.
(B)CA Civil Law Code § 1939.23(a)(1)(A)(B) If electronic surveillance technology is activated pursuant to subparagraph (A), a rental company shall maintain a record, in either electronic or written form, of information relevant to the activation of that technology. That information shall include the rental agreement, including the return date, and the date and time the electronic surveillance technology was activated. The record shall also include, if relevant, a record of written or other communication with the renter, including communications regarding extensions of the rental, police reports, or other written communication with law enforcement officials. The record shall be maintained for a period of at least 12 months from the time the record is created and shall be made available upon the renter’s request. The rental company shall maintain and furnish explanatory codes necessary to read the record. A rental company shall not be required to maintain a record if electronic surveillance technology is activated to recover a rental vehicle that is stolen or missing at a time other than during a rental period.
(2)CA Civil Law Code § 1939.23(a)(2) In response to a specific request from law enforcement pursuant to a subpoena or search warrant.
(b)CA Civil Law Code § 1939.23(b) Subdivision (a) does not prohibit a rental company from equipping rental vehicles with any of the following:
(1)CA Civil Law Code § 1939.23(b)(1) GPS-based technology that provides navigation assistance to the occupants of the rental vehicle, if the rental company does not use, access, or obtain information relating to the renter’s use of the rental vehicle that was obtained using that technology, except for the purposes of discovering or repairing a defect in the technology and the information may then be used only for that purpose.
(2)CA Civil Law Code § 1939.23(b)(2) Electronic surveillance technology that allows for the remote locking or unlocking of the vehicle at the request of the renter, if the rental company does not use, access, or obtain information relating to the renter’s use of the rental vehicle that was obtained using that technology, except as necessary to lock or unlock the vehicle.
(3)CA Civil Law Code § 1939.23(b)(3) Electronic surveillance technology that allows the company to provide roadside assistance, such as towing, flat tire, or fuel services, at the request of the renter, if the rental company does not use, access, or obtain information relating to the renter’s use of the rental vehicle that was obtained using that technology except as necessary to provide the requested roadside assistance.
(c)CA Civil Law Code § 1939.23(c) Subdivision (a) does not prohibit a rental company from obtaining, accessing, or using information from electronic surveillance technology for the sole purpose of determining the date and time the vehicle departs from and is returned to the rental company, and the total mileage driven and the vehicle fuel level of the returned vehicle. The information obtained or accessed from this electronic surveillance technology shall only be used for the purpose described in this subdivision.
(d)CA Civil Law Code § 1939.23(d) A rental company shall not use electronic surveillance technology to track a renter in order to impose fines or surcharges relating to the renter’s use of the rental vehicle.

Section § 1939.25

Explanation

If a rental company breaks the rules in this part of the law, a renter can sue them to get compensation and other fair remedies, except for certain sections. The winner of the lawsuit can also have their legal fees and costs paid for by the other side.

A renter may bring an action against a rental company for the recovery of damages and appropriate equitable relief for a violation of this chapter, except for Sections 1939.21, 1939.35, and 1939.37. The prevailing party shall be entitled to recover reasonable attorney’s fees and costs.

Section § 1939.27

Explanation
If a rental company wants to sue a renter for a stolen vehicle, they must file the lawsuit in the county where the renter lives. If the renter doesn't live in the state, the lawsuit should be filed where the renter resides.
A rental company that brings an action against a renter for loss due to theft of the vehicle shall bring the action in the county in which the renter resides or, if the renter is not a resident of this state, in the jurisdiction in which the renter resides.

Section § 1939.29

Explanation

This law says that you can't cancel out or ignore most rules in this chapter because doing so would go against what's good for the public. However, there are a few exceptions to this rule that are allowed.

A waiver of any of the provisions of this chapter, except for Sections 1939.21, 1939.35, and 1939.37, shall be void and unenforceable as contrary to public policy.

Section § 1939.31

Explanation

This law section outlines that rental companies can fulfill their disclosure obligations to members of their rental program if they provide certain information before the first rental. The renter must receive written terms and conditions, including mandated disclosures and contact details for updates. At the start of each rental, renters must get a notice about any optional damage waiver choices they previously made or declined and their right to change these choices. However, rental companies still need to make necessary disclosures in other forms, like contracts or advertisements.

(a)CA Civil Law Code § 1939.31(a) A rental company’s disclosure requirements shall be satisfied for renters who are enrolled in the rental company’s membership program if all of the following conditions are met:
(1)CA Civil Law Code § 1939.31(a)(1) Prior to the enrollee’s first rental as a participant in the program, the renter receives, in writing, the following:
(A)CA Civil Law Code § 1939.31(a)(1)(A) All of the disclosures required by paragraph (1) of subdivision (c) of Section 1939.09, including the terms and conditions of the rental agreement then in effect.
(B)CA Civil Law Code § 1939.31(a)(1)(B) An internet website address, as well as a contact number or address, where the enrollee can learn of changes to the rental agreement or to the laws of this state governing rental agreements since the effective date of the rental company’s most recent restatement of the rental agreement and distribution of that restatement to its members.
(2)CA Civil Law Code § 1939.31(a)(2) At the commencement of each rental period, the renter is provided, on the rental record or the folder in which it is inserted, with a printed notice stating that the renter had either previously selected or declined an optional damage waiver and that the renter has the right to change preferences.
(b)CA Civil Law Code § 1939.31(b) This section does not relieve the rental company from the disclosures required to be made within the text of a contract or holder in which the contract is placed; in or on an advertisement containing a rental rate; or in a telephonic, in-person, or computer-transmitted quotation or reservation.

Section § 1939.33

Explanation

If a rental car company in California rents a car to a non-U.S. resident and includes liability insurance, they must accept legal documents, like a lawsuit, on behalf of the renter for accidents in the state. They must then send these documents to the renter within 30 days. Anyone suing has to agree to only claim damages up to the insurance limits. Serving the documents to the rental company counts as proper legal service, and the company is not taking on any extra duties apart from accepting the documents.

(a)CA Civil Law Code § 1939.33(a) When a rental company enters into a rental agreement in the state for the rental of a vehicle to any renter who is not a resident of this country and, as part of, or associated with, the rental agreement, the renter purchases liability insurance, as defined in subdivision (b) of Section 1758.85 of the Insurance Code, from the rental company in its capacity as a rental vehicle agent for an authorized insurer, the rental company shall be authorized to accept, and, if served as set forth in this section, shall accept, service of a summons and complaint and any other required documents against the foreign renter for any accident or collision resulting from the operation of the rental vehicle within the state during the rental period. If the rental company has a registered agent for service of process on file with the Secretary of State, process shall be served on the rental company’s registered agent, either by first-class mail, return receipt requested, or by personal service.
(b)CA Civil Law Code § 1939.33(b) Within 30 days of acceptance of service of process, the rental company shall provide a copy of the summons and complaint and any other required documents served in accordance with this section to the foreign renter by first-class mail, return receipt requested.
(c)CA Civil Law Code § 1939.33(c) Any plaintiff, or his or her representative, who elects to serve the foreign renter by delivering a copy of the summons and complaint and any other required documents to the rental company pursuant to subdivision (a) shall agree to limit his or her recovery against the foreign renter and the rental company to the limits of the protection extended by the liability insurance.
(d)CA Civil Law Code § 1939.33(d) Notwithstanding the requirements of Sections 17450 to 17456, inclusive, of the Vehicle Code, service of process in compliance with subdivision (a) shall be deemed a valid and effective service.
(e)CA Civil Law Code § 1939.33(e) Notwithstanding any other law, the requirement that the rental company accept service of process pursuant to subdivision (a) shall not create any duty, obligation, or agency relationship other than that provided in subdivision (a).

Section § 1939.35

Explanation

If you're renting a 15-passenger van, the rental company must give you a safety advisory from the National Highway Traffic Safety Administration about preventing rollover crashes. You need to sign to confirm you've received it. If the van is rented for business, you also have to make sure only properly licensed employees drive it. A 15-passenger van includes any van originally made for 15 people, unless it has dual rear wheels and weighs over 11,500 pounds.

(a)Copy CA Civil Law Code § 1939.35(a)
(1)Copy CA Civil Law Code § 1939.35(a)(1) A rental company shall provide a renter of a 15-passenger van with a copy of the United States Department of Transportation, National Highway Traffic Safety Administration’s consumer advisory for 15-passenger vans titled “Reducing the Risk of Rollover Crashes” or, if that advisory is updated, a copy of the updated advisory. The renter shall acknowledge receipt of that copy by signing an acknowledgment of receipt on the rental agreement or on an attached form.
(2)CA Civil Law Code § 1939.35(a)(2) If the rental of that 15-passenger van is for a business purpose or use, the rental company shall also provide on the document described in paragraph (1) that only an employee with the proper licensing may drive that vehicle. The renter shall acknowledge the receipt thereof in the same manner as described in paragraph (1).
(b)Copy CA Civil Law Code § 1939.35(b)
(1)Copy CA Civil Law Code § 1939.35(b)(1) Except as provided in paragraph (2), for purposes of this section, a “15-passenger van” means any van manufactured to accommodate 15 passengers, including the driver, regardless of whether that van has been altered to accommodate fewer than 15 passengers.
(2)CA Civil Law Code § 1939.35(b)(2) For purposes of this section, a “15-passenger van” does not mean a 15-passenger van with dual rear wheels that has a gross weight rating equal to, or greater than, 11,500 pounds.

Section § 1939.37

Explanation

This law says that rental companies don't have to follow certain rules about checking driver's licenses if they let members access cars without a key, like by using a code or key card, especially if it's at remote locations or outside normal business hours.

A rental company is not subject to the requirements of Section 14608 of the Vehicle Code if the rental is subject to the terms of a membership agreement that allows the renter to gain physical access to a vehicle without a key through use of a code, key card, or by other means that allow the vehicle to be accessed at a remote location, or at a business location of the rental company outside of that location’s regular hours of operation.

Section § 1939.38

Explanation

This law allows commercial airports in California to control access to the airport and require certain businesses and individuals involved in vehicle renting or sharing to collect a customer facility charge. Companies must get permission from the airport before renting or sharing vehicles there, which includes meeting specific terms and conditions. This doesn’t affect existing rules or agreements made by the state or local governments regarding airport access. These regulations will take effect on July 1, 2024.

(a)CA Civil Law Code § 1939.38(a) Notwithstanding any other law, a commercial airport facility may regulate access to an airport and require any person or entity described in subdivision (m) of Section 1939.01 to collect a customer facility charge pursuant to Section 50474.21 of the Government Code.
(b)Copy CA Civil Law Code § 1939.38(b)
(1)Copy CA Civil Law Code § 1939.38(b)(1) Before facilitating the sharing or renting of vehicles, any program, person, or entity described in subdivision (m) of Section 1939.01 shall obtain a permit or other written authorization from the airport operator that sets forth the terms, standards, regulations, procedures, fees, and access requirements for the activity.
(2)CA Civil Law Code § 1939.38(b)(2) For purposes of paragraph (1), “facilitating the sharing or renting of vehicles” includes listing, publishing, or advertising vehicles or motor vehicles parked on airport property or at airport facilities.
(c)CA Civil Law Code § 1939.38(c) This section shall not affect the authority of any political subdivision or the state to do any of the following:
(1)CA Civil Law Code § 1939.38(c)(1) Regulate access to an airport it owns or operates.
(2)CA Civil Law Code § 1939.38(c)(2) Enter into written agreements.
(3)CA Civil Law Code § 1939.38(c)(3) Set access fees or permit requirements.
(4)CA Civil Law Code § 1939.38(c)(4) Regulate existing airport access permits granted by an airport to personal vehicle sharing programs.
(d)CA Civil Law Code § 1939.38(d) This section shall become operative on July 1, 2024.

Section § 1939.39

Explanation

Starting July 1, 2024, if you want to list your personal vehicle on a sharing program for rental, you must have a certification proving tax compliance. If you bought the car in California, you need to show that either the sales taxes were paid, you opted to pay taxes from renting income, or you're exempt from those taxes. If the car was bought outside California, a certification must show whether or not any taxes were paid on it. This ensures tax responsibilities are clear and accounted for before the car can be shared for rental purposes.

On and after July 1, 2024, a personal vehicle sharing program shall not allow a vehicle to be placed on a digital network or software application of the personal vehicle sharing program for the purpose of making the vehicle available for rental through the personal vehicle sharing program unless the certification described in subdivision (a) or (b), as applicable, is fulfilled:
(a)CA Civil Law Code § 1939.39(a) If the request is to list a motor vehicle that was purchased in California, and that motor vehicle would first be made available for sharing on or after July 1, 2024, certification that one of the following occurred:
(1)CA Civil Law Code § 1939.39(a)(1) All sales and use taxes were paid on the purchase price of the motor vehicle.
(2)CA Civil Law Code § 1939.39(a)(2) The purchaser elected to have sales and use taxes collected on receipts from renting the motor vehicle in lieu of paying applicable taxes on the purchase price of the motor vehicle.
(3)CA Civil Law Code § 1939.39(a)(3) The purchase of the motor vehicle was not subject to taxation due to an exemption available under law.
(b)CA Civil Law Code § 1939.39(b) If the request is to list a motor vehicle that was not purchased in California, and that motor vehicle would first be made available for sharing on or after July 1, 2024, certification that one of the following occurred:
(1)CA Civil Law Code § 1939.39(b)(1) Applicable taxes were paid on the purchase price of the vehicle.
(2)CA Civil Law Code § 1939.39(b)(2) Applicable taxes were not paid on the purchase price of the vehicle.