Houfy Protect: Host Guarantee
SUPERHOG Ltd (“Superhog” or “we”, “us” or “our”) guarantees that Guests will meet their liability to you (the “Host”) for any Property Damage.
Subject to the terms of this guarantee (as amended from time to time), for any Bookings where a Guest fails to meet their liability, SUPERHOG will reimburse the Host for any Property Damage.
Please note any Guarantee Payments will be determined at our sole discretion.
- GUEST’S LIABILITY
1.1 No payments made by us under this guarantee shall release, reduce and/or waive any liability of a Guest relating to Property Damage.
1.2. Any payment by us under this guarantee transfers a Guest’s liability such that it becomes a liability to us rather than to the Host.
2. CONDITIONS AND LIMITATIONS
2.1. For a Host to request a Guarantee Payment, the following conditions must be satisfied:
2.1.1. the Booking was Approved or Flagged;
2.1.2. all reasonable steps are and/or have been taken by the Host to mitigate the costs of any Property Damage;
2.1.3. the Host agrees to provide whatever assistance is required by us in order to:
a) assess the Property Damage; and
b) pursue a Guest for their liability.
2.2. Failure to meet the conditions set out in Clause 2.1 may result in a Payment Request being declined or reduced, as determined by us.
2.3. The maximum Guarantee Payments made under this guarantee are as follows:
Maximum Guarantee Payment (per resolution)
Approved Booking: $20,000
Flagged Booking: $1,000
3. EXCLUSIONS
3.1. We will not make any Guarantee Payment in respect of any:
3.1.1. unpaid Booking;3.1.2. Acts of Nature;
3.1.3. Property Damage which cannot be proved to have been caused by a Guest during a
Booking;
3.1.4. Cosmetic Damage or Wear and Tear;
3.1.5. Property Damage from any party which took place with the Host’s consent;
3.1.6. Property Damage which the Host could reasonably have expected or foreseen;
3.1.7. bodily injury or other loss suffered by a Host or Guest;
3.1.8. alternative accommodation costs for the Guest or Host;
3.1.9. interruption of business, loss of market and/or loss of use of the Property or consequential loss of income; and
3.1.10. Property Damage which was caused by any pet (other than a service animal) which the Host permitted to stay at the Property.
4. REQUESTING A PAYMENT
4.1. In order to submit a Payment Request the Host must declare Property Damage to us within 10 days of the Guest’s check-out date (unless a different reporting window has been specifically agreed in writing), and thereafter present all requested evidence, which may include:
4.1.1. timestamped photographs immediately before and after the Booking showing the Property Damage;
4.1.2. formal police reports of the event (as appropriate);
4.1.3. original invoices;
4.1.4. quotation(s) or estimate for replacement/repair; and
4.1.5. submission of the Host’s or the owner’s own home valid insurance schedule for the Property.
4.2. In certain circumstances we may require the Host to make an insurance claim before any Guarantee Payment can be considered.
5. SETTLEMENT5.1. We reserve the right to reimburse the Host (whether in full or part) in respect of Property Damage which occurred during a Booking. Any Guarantee Payments made under this guarantee are determined by us and/or our partners.
5.2. To quantify the Guest’s liability, we may take into account certain factors including but not limited to the following:
5.2.1. the cost of rebuilding or repairing the Property Damage to a condition equal to but not better or more extensive than the condition at the start of the Booking;
5.2.2. depreciation based on the expected lifetime of the item(s) within a rental environment, that has suffered Property Damage; and/or
5.2.3. any financial contribution which has been made towards the Property Damage by the Guest and/or any third party, including from the sale of any item which has suffered Property Damage and any relevant Damage Waiver or Damage Deposit.
5.3. Any Guarantee Payment will be made by electronic transfer within 5 working days of agreeing any Guarantee Payment.
5.4. Any Guarantee Payment will be paid in the currency of the location of the Property Damage unless, in our sole discretion, we elect to pay the equal amount in a different currency. If currency conversions are required, we use OANDA (www.oanda.com).
6. GEOGRAPHICAL RESTRICTIONS
6.1. Any Property is eligible for this guarantee unless it is located in a country that the UK Foreign and Commonwealth Office has determined is not suitable for travel on the day the Booking begins.
6.2. We will not be liable to make any payment under this guarantee which:
6.2.1. would breach economic, financial or trade sanctions imposed under the law of the country in which this policy is issued or would otherwise provide cover; or
6.2.2. would breach economic, financial or trade sanctions imposed by Canada, the European Union, United Kingdom, or the United States of America.
7. GENERAL
7.1. This Guarantee will be governed by the laws of England and Wales. By engaging with this Guarantee the Host agrees that any legal proceedings with us in connection with this Guarantee will only take place in the courts England and Wales.
7.2. Notices under this agreement will be in writing and delivered by email.
DEFINITIONS FOR HOST GUARANTEE:
“Acts of Nature” means (but is not limited to) earthquakes and weather-related events such as hurricanes and tornadoes;
“Approved” means a status allocated to a Booking with no significant risks identified following Validation;
“Booking” means a confirmed stay;
“Contents” means household goods and other personal property contained within a Property, including art, antiques and collectable items. For the avoidance of doubt, this does not include;
(a) animals including pets and livestock;
(b) currency, cheques, credit cards, postal orders, travellers’ cheques, money orders, crossed bankers’ drafts, current postage stamps, gift vouchers or tokens, customer redemption vouchers, travel tickets, precious metal in bullion form, notes or securities
(c) jewellery, watches, gemstones, handbags, furs,
unless in the case of (b) and (c) above, the items are stored in a locked safe inaccessible to guests;
“Cosmetic Damage” means damage that does not impact the likelihood of a Property receiving a Booking, or adversely impact the functionality of the Property’s fixtures and/or fittings, or its Contents. By way of example (but not limited to) damage that consists solely of scratches, scuffs, marks or dents;
“Flagged” means a status allocated to a Booking after risks have been identified following Validation;
“Guarantee Payments” means any payment made by us on behalf of a Guest or Host in response to a Payment Request under a guarantee;
“Guest” means the lead guest who makes a Booking;
“Home Standards” refers to a set of standards and best practices that ensures a Listing is safe, fully functional and as advertised , including but not limited to:
(a) appropriate sleeping areas, hot and cold running water, and a functional sewage system;
(b) adequate protection of the property, including locks and/or other security devices (as appropriate); and
(c) functioning utilities, such as wifi, air conditioning and heating (as advertised).
“Payment Request” means a formal request for a payment to be made by us in accordance with a guarantee;
“Property” means any residential property (including but not limited to campervans, boats, mobile homes, and any other impermanent structures), which a host has the legal and/or contractual right to offer to guests and which complies with Home Standards
“Property Damage” means the damage caused to any Property, its fixtures and/or fittings, or its Contents, caused by the actions or inactions, whether accidental, deliberate or otherwise, of a guest (or any accompanying occupants) during a Booking. For the avoidance of doubt, this does not include Cosmetic Damage and/or Wear and Tear;
“Validation” means the protocols and processes performed by Superhog in order to allocate a status to any Booking;
“Wear and Tear” means the type of gradual deterioration to a Property’s fixtures and/or fittings, or its Contents which could reasonably be expected through normal usage over time.
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