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Commerce and Trade

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Other Laws Relating to Commerce and Trade

CHAPTER 49B. Rental Car Companies [For application of this chapter, see 84 Del. Laws, c. 363, § 3].

84 Del. Laws, c. 363, § 1
§ 4901B. Definitions [For application of this section, see 84 Del. Laws, c. 363, § 3].

For the purposes of this chapter:

(1) “Loss of use” means the deprivation of the use of a person’s vehicle during the period reasonably required to make repairs or replace the vehicle.

(2) “Rental agreement” means as defined in § 2002 of Title 18.

(3) “Rental company” means as defined in § 2002 of Title 18.

(4) “Rental vehicle” means as defined in § 2002 of Title 18.

84 Del. Laws, c. 363, § 1

§ 4902B. Loss of use damages prohibited [For applicability of this section, see 84 Del. Laws, c. 363, § 3].

(a) Damages incurred by rental companies for the loss of use of a rental vehicle and related administrative fees shall not be recovered from any renter, authorized driver, or the renter’s or authorized driver’s insurer. Nothing in this section shall be construed as prohibiting recovery of loss of use damages from negligent third parties.

(b) Any rental agreement or other contract inconsistent with the provisions of this section shall be deemed void as against public policy.

84 Del. Laws, c. 363, § 184 Del. Laws, c. 42, § 1