Prohibited exclusion.

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(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:

  1. Willful and wanton conduct or misconduct;

  2. Intoxication by alcohol or use of controlled substances as defined in section 42-4-

1301, C.R.S.;

  1. Participation in a speed contest;

  2. Carrying persons or property for hire, or pushing or towing anything;

  3. Use of the vehicle while committing a misdemeanor or felony or other criminal act;

  4. Use of the vehicle by an unauthorized driver, which includes any person not specifically authorized by the rental agreement;

  5. Supplying information which is false concerning the rental transaction with intent todefraud the lessor;

  6. Use of the vehicle outside the continental United States, unless specifically authorized by the rental agreement; and

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

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.


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