§ 6-1-204 — Prohibited exclusion

(1) No collision damage waiver subject to this
part 2 shall contain an exclusion from the waiver for damages caused by the
ordinary negligence of the lessee. Any such exclusion in violation of this section will
be void and is a deceptive trade practice under this article. This section shall not be
deemed to prohibit an exclusion from the waiver for damages caused by the lessee
by:

(a) Willful and wanton conduct or misconduct;

(b) Intoxication by alcohol or use of controlled substances as defined in
section 42-4-1301, C.R.S.;

(c) Participation in a speed contest;

(d) Carrying persons or property for hire, or pushing or towing anything;

(e) Use of the vehicle while committing a misdemeanor or felony or other
criminal act;

(f) Use of the vehicle by an unauthorized driver, which includes any person
not specifically authorized by the rental agreement;

(g) Supplying information which is false concerning the rental transaction
with intent to defraud the lessor;

(h) Use of the vehicle outside the continental United States, unless
specifically authorized by the rental agreement; and

(i) Any instance whereby, during the rental of such rental motor vehicle, the
speedometer or odometer is tampered with or disconnected.

Legislative History

Source: L. 89: Entire part added, p. 362, � 1, effective January 1, 1990. L. 94: (1)(b) amended, p. 2544, � 15, effective January 1, 1995.