ATCP 118.01(1)(1) Purpose. This subchapter is promulgated pursuant to s. 344.576 (3) (c), Stats., to specify the notice that rental companies that offer and sell damage waivers are required to provide to renters. ATCP 118.01(2)(d)(d) “Department” means the state of Wisconsin department of agriculture, trade and consumer protection. ATCP 118.01(3)(3) Applicability. This subchapter applies to any rental company that offers a damage waiver relating to a rental agreement for private passenger vehicles rented from locations in this state for a period of 30 consecutive days or less. This subchapter does not apply to a rental agreement under which a person rents from a motor vehicle dealer licensed under subch. I of ch. 218, Stats., if the vehicle is rented only for use while the vehicle owned or leased by the person or which the person has agreed to purchase is being serviced, repaired, manufactured, or delivered. ATCP 118.01 HistoryHistory: Cr. Register, September, 1991, No. 429, eff. 10-1-91; am. (2) (d), Register, June, 1999, No. 522, eff. 7-1-99; correction in (3) made under s. 13.93 (2m) (b) 7., Stats; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 2001, No. 543; CR 08-075: am. (1), (2) (intro.) and (3) Register April 2009 No. 640, eff. 5-1-09. ATCP 118.02ATCP 118.02 Notice requirements. Rental companies that offer and sell damage waivers shall notify prospective renters about liability for damage to a private passenger vehicle as follows: ATCP 118.02(1)(1) Rental companies shall conspicuously display in the place where renters customarily sign rental agreements a notice which states in not less than 16-point type bold face and appears in the format as follows: WHAT IF YOU DAMAGE A RENTAL CAR?
We Must Provide You With
An Important Notice About Your
Liability For Damage To A Rental Car
ATCP 118.02(2)(2) Rental companies that offer or sell a damage waiver shall provide each renter a written notice having the following form and content. The rental company shall provide the notice to the renter as part of the rental agreement, or as a separate document without other text or markings, before the renter enters into a rental agreement. If a separate document is used, the rental company shall give each renter one complete copy of the notice signed by that renter and shall retain one complete signed copy with the company’s copy of the rental agreement for a period of six years. The rental company may retain its copy in photographic or electronic form. A rental company that retains its copy in photographic or electronic form shall print that copy for the department upon request. The notice shall: ATCP 118.02(2)(a)(a) Be printed with text in 11-point type, except that title and headings shall be capitalized and in 13-point type bold face. If a separate document is used, it shall be printed on paper 8 1/2 by 11 inches in size. NOTICE ABOUT LIABILITY FOR DAMAGE TO THE RENTAL CAR
The State of Wisconsin requires us to provide the following information about your liability for damage to a rental car and the purchase of a damage waiver.
LIABILITY FOR DAMAGE TO THE RENTAL CAR
The rental agreement makes you and any authorized driver liable for any damage to the rental car caused by an accident, or by intentional, reckless or wanton misconduct, or by theft that you may have intentionally caused. Total liability for any damage is limited to:
1) reasonable repair costs, less discounts available to us, or the fair market value of the car, whichever is less, and
2) actual and reasonable towing costs, and for storage costs during the period before you notify the rental company of the damage to the vehicle or for 14 days after the damage occurs, whichever period is shorter.
LIABILITY FOR DAMAGE AFTER THE RENTAL CAR HAS BEEN STOLEN
If a person who drives the rental car without your authorization causes damage to the car, you may be liable for the damage as though you or an authorized person was driving the car unless you do all of the following:
1) Refrain from leaving the ignition key in the car when you are not in the car.
2) Always keep the ignition key in your possession.
3) Immediately report to the local police if you learn the car has been stolen, or that an unauthorized person is driving the car.