Last updated: 17th June 2019
I. The Guarantee Promise
We will reimburse Owners, up to £1,000,000 (or foreign currency equivalent), in respect of loss from property damage, Theft and Third-party liability, subject to the terms, conditions, and limitations shown below, as defined in the Guarantee limits or as amended in writing by Us.
Owners must comply with all of the requirements and conditions in the Guarantee terms in order to be eligible to benefit from the guarantee.
The guarantee cover is available for members, who have an active Owner membership and have agreed and confirmed a Sit on the TrustedHousesitters Platform, with a start date from 8th April 2019 for UK members and from 17th June 2019 for non-UK members.
The words and phrases in the Guarantee terms will always have the same meaning wherever they appear in bold.
''Accidental damage'' means sudden, unexpected and visible damage, caused by the sitter(s), which has not been caused on purpose.
''Art and collections'' means art, antiques, and collectibles. We do not include Valuables within this definition.
''Buildings'' means any permanent structure, including fixtures and fittings, within the grounds of a Home.
''Contents'' means household goods, Art and collections, Valuables, clothing and personal property that belongs to an Owner at a Home. We do not include Money or animals, plants, trees, hedges or Buildings within this definition.
''Electronic Data'' means information, facts or programs, stored as or on, created or used on, or transmitted to or from any Electronic media.
''Electronic Media'' means computer software, including systems and applications software, hard or floppy disks, CDROMS, tapes, drives, cells, data processing devices or any other media which are used with, electronically controlled equipment.
''Guarantee Limits'' means £1,000,000 per Home per Sit, or it's equivalent in the currency where the Home is located, at the exchange rate applicable shown on OANDA.com on the date of payment. Within this £1,000,000 total limit, there is a total limit of £100,000 for Contents.
''Guarantee payment request form'' means the standard form, accessible by contacting TrustedHousesitters Membership Services directly, that an Owner uses to request payment from Us pursuant to these Guarantee terms.
''Guarantee terms'' means the terms and conditions of the TrustedHousesitters guarantee as laid out in this document.
''Home'' means the accommodation at a residential address, within the Territorial limits, provided by an Owner to a Sitter(s) as listed on ourPlatform, and for which, the Owner has Underlying insurance.
''Owner'' means owner members who create an approved listing of their Home on our Platform and are eligible to receive payment under our guarantee cover.
''Malicious damage'' means damage caused by the deliberate or negligent action or actions of a Sitter(s).
''Money'' means cash, bank, and currency notes, cheques, postal orders, travelers’ cheques, money orders, crossed bankers drafts, current postage stamps, National Savings Stamps and Certificates, National Insurance Stamps, gift tokens, customer redemption vouchers, travel tickets, and luncheon vouchers.
''Platform'' means the online Platform accessed via Our website (www.trustedhousesitters.com) or Our mobile application.
''Sit'' means a completed stay by a Sitter(s) at a Home for an agreed period of time organised, confirmed and accepted through Our Platform.
''Sitter(s)'' means eligible individuals or families who have agreed to our terms and conditions who have organised to stay in a Home including individuals invited to be present at a Home by the Sitter(s) during a Sit.
''Sitter damage'' means damage to Buildings and / or Contents which you have had to repair or replace attributable to the actions or inactions of a Sitter(s), caused by Accidental damage, Malicious damage or Theft.
''Theft'' means theft or attempted heft caused or enabled by a Sitter(s) actions or inactions occurring during a Sit.
''Third-party liability'' means the legal liability of the Owner as occupier and owner of the Buildings and its land, to pay damages and costs to others which arise from any single event occurring during a Sit which results in:
(a) accidental death, disease, illness or accidental physical injury to a Sitter(s);
(b) damages caused by a Sitter(s) to adjacent third-party properties.
''Valuables'' means jewellery, gemstones, watches, fur, and guns which belong to the Owner and are kept in a locked safe inaccessible to Sitter(s).
''Underlying insurance'' means the annual insurance policy covering Buildings and Contents, that the Owner has purchased which covers theowner’s property and public liability insurance.
''We/Us/Our'' means TrustedHousesitters.
III. What's not covered?
The guarantee will not reimburse Owners for any of the following:
- for loss or damage if the Owner does not have Underlying insurance;
- for loss or damage which existed before the Home was used for a Sit;
- for loss or damage from a Sit not organised, confirmed and accepted through Our Platform;
- any losses caused by a Sitter(s) after the completion of the Sit;
- losses or damages in excess of the Guarantee limit;
- losses or damage caused by or resulting from any of the following:
(a) acts where the Sitter(s) does not admit liability unless the damage is Malicious damage or Theft;
(b) natural events, including but not limited to, earthquakes and weather-related events such as hurricanes and tornadoes;
(c) excessive use of electricity, gas, fuel, water or other utilities provided for the Home;
(d) interruption of business, loss of market and/or loss of use;
(e) mysterious disappearance, loss, or any unexplained loss of Contents;
(f) animals, insects, vermin, including injuries to animals, veterinary care, boarding, medications, and all other services associated with animals;
(g) identity Theft or identity fraud;
(h) actual or threatened malicious use of poisonous biological or chemical materials;
(i) lack of electricity, fuel, water, gas, steam, refrigerant, sewerage, telephone or internet services due to external factors;
(j) faulty workmanship, material, construction or design including the process of cleaning, dyeing, repair, alteration, renovation or restoration;
(k) settling, cracking, shrinking, bulging, or expansion of foundations, floors, pavements, walls, ceilings or roofs;
(l) corrosion, deterioration, depletion or rusting;
(m) damp, condensation, fading, frost or anything which happens gradually;
(n) fungus, mould, mildew, spores or other microorganisms of any type of nature or description;
(o) viruses and disease;
(p) nuclear reaction or radiation or radioactive contamination;
(q) any hostile act or act of war, terrorism, insurrection or rebellion;
(r) corruption of, inability to access, or inability to manipulate, any and all electronic data;
7. Loss or damage, liability, cost or expense caused by or resulting from wear and tear.
8. Any claim or expense caused by or resulting from pollution or contamination.
9. Any loss, damage, liability, cost or expense caused by or resulting from rot.
10. Any direct or indirect loss or damage caused as a result of the Buildings being used by the Owner for illegal activities.
11. Third-party for any of the following:
(a) anything owned by or the legal responsibility of the Owner; or
(b) injury, death, disease or illness to the Owner or family; or
(c) liability arising from any employment, trade, profession or business of the Owner other than as occupier or Owner of the Home; or
(d) liability arising from the Sitter passing on any disease or virus; or
(e) liability arising from the ownership or use of any motor vehicle or other machinery, whether licensed for road use or not; or
(f) liability accepted by the Owner under any agreement, unless the liability would exist without the agreement;
(g) liability covered by any other contract.
12. If an Owner(s), or anyone acting for an Owner(s) makes, or attempts to commit fraud, such as false or exaggerated Sitter(s) damage, we will reject the Guarantee payment request form and any subsequent Guarantee payment request forms. We will notify the Owner if We do this.
(a) if We have made any payments in respect of fraudulent activities Owners must repay that sum to Us.
(b) if there has been fraudulent activity to secure benefits under these Guarantee terms this will result in no payment being made.
(c) We may also notify the relevant authorities, so that they may consider criminal proceedings.
13. We shall not provide any benefit or be liable to provide any benefit under this guarantee which:
(a) would breach economic, financial or trade sanctions imposed under the law of the country in which the Guarantee terms are issued or would otherwise provide benefit, or
(b) would breach economic, financial or trade sanctions imposed by Canada, the European Union, United Kingdom or the United States of America.
(c) all other terms provisions and conditions of this guarantee shall have full force and effect.
Any payment we make will take into account any recoveries that Owners have obtained from any third-party.
IV. How we settle claims
In order to be eligible to obtain payment under these Guarantee terms, the following conditions must be complied with. Failure to fully comply may prevent any reimbursement. In all cases, the onus will be upon Owners to demonstrate that they have complied with the following conditions.
1. Mediation - Owners and Sitter(s) should resolve any Sitter damage under £1,000 between themselves and at a minimum, We expect Ownersand / or Sitter(s) to contribute at least £250 towards any instance of Sitter damage (including theft).
2. Inspection - Owners must inspect their Home to determine whether there is actual Sitter damage and must confirm they have incurred Sitterdamage.
3. Contribution toward Accidental damage - Owners must: ask the Sitter(s) whether they admit to causing any Accidental damage during the Sit, and ask for a contribution for, or towards, the damage. Any contribution to the damage will be paid to Owners directly. If We have already made a payment We will receive the contribution. If the Sitter(s) do not admit to causing the damage the onus of proof will be on the Owner to demonstrate that damage occurred during the Sit.
4. Malicious damage - for all Buildings and contents which are damaged or destroyed due to Malicious damage, a violation of law or criminal act or misdemeanor and for which Owners are filing a Guarantee payment request form, Owners must file a police report listing such Home and provide TrustedHousesitters with a copy of such report, certified by the Owner as true and correct. TrustedHousesitters, or their representatives, reserve the right to contact and pursue recovery, against Sitter(s) in instances where Malicious damage and Theft have occurred.
5. Notification - Owners must notify TrustedHousesitters within thirty (30) days following the date of termination of the Sit at the Home where there has been any occurrence of Sitter damage. No payment will be made for any notification after 30 days. Owners can notify TrustedHousesitters by contacting Membership Services support directly and completing:
(a) the Guarantee payment request form, and
(b) deliver a signed and sworn proof of loss.
6. Proof of Ownership
Owners must provide TrustedHousesitters with proof of ownership of, or legal responsibility for, any Buildings or contents affected by Sitter damage in the form of receipts, quotes, photographs, videos, documents or other customary forms of proof (including, but not limited to, appraisal or valuation forms or notices addressed to the Owner) certified by the Owner as true and correct and reasonably acceptable to Us.
The Guarantee payment request form states the Owner’s knowledge and belief as to the following:
(a) the time, cause and origin of the Sitter damage, and evidence and proof of such loss in the form of receipts, photographs, videos, documents and other verifiable forms of proof.
(b) furnish a complete inventory of the lost, destroyed, damaged and undamaged property showing in detail the quantities, costs, replacement value, and amount of loss claimed.
7. Information requests
Owners must provide TrustedHousesitters with all information it reasonably requests. Owners must permit TrustedHousesitters or its designee(s) to make inspections of the Home at all reasonable times. However, the right to make inspections, the making of inspections, and any analysis, advice, or inspection report will not constitute an undertaking by TrustedHousesitters to determine or warrant that the damaged Home is safe. TrustedHousesitters will have no liability to Owners or any other person because of any inspection or failure to inspect.
Owners must cooperate with TrustedHousesitters, including signing any documents and provide timely responses to any reasonable requests for additional information or documentation that TrustedHousesitters or its designees may require or request to process the applicable Guarantee payment request form.
10. Protect damaged property
Owners must protect and preserve damaged property from further loss or damage.
Acknowledgments and agreements by Owners
1. Purpose of the guarantee
Owners acknowledge and agree that:
(a) These TrustedHousesitters Guarantee terms are not intended to constitute an offer to insure, do not constitute insurance or an insurance contract, and do not take the place of insurance obtained or obtainable by you. Furthermore, these Guarantee terms are not an insurance service agreement as defined in a standard ISO renter’s or homeowner’s insurance policy.
(b) TrustedHousesitters reserves the right to independently investigate (or to have independently investigated) at our sole discretion and expense, the facts and circumstances of a payment request set forth in any Guarantee payment request form that Owners file with TrustedHousesitters, notwithstanding delivery of all information and materials that are required.
(c) For any loss, the Owners must first claim against their Underlying insurance where possible, before seeking recourse to this guarantee.
2. Owners/Sitter(s) communications
Owners acknowledge and agree that when requesting payment under this guarantee cover, they give TrustedHousesitters consent to review all communications between Owners and Sitter(s), on and off the Platform.
Owners acknowledge and agree that TrustedHousesitters reserves the right, at any time, to offset or deduct from the amounts payable or paid by TrustedHousesitters to Owners under these Guarantee terms, any amounts that it may have in its possession, or to subsequently collect, from any other person or entity who is obligated to compensate Owners for losses or damages.
Owners acknowledge and agree that because these Guarantee terms constitute a guarantee cover agreement, the theory of exoneration applies. Thus, if the loss in question or the risk associated with that loss changes materially, TrustedHousesitters will be entitled to exoneration with respect to any potential guaranty obligation under these Guarantee terms.
5. Guarantee cover vs. insurance cover
Owners acknowledge and agree that the guarantee cover is not an insurance policy. To the extent Owners desire protection beyond the guarantee cover, TrustedHousesitters strongly encourages you to purchase insurance that will cover you and your property for losses caused bySitter(s).
6. Changes to TrustedHousesitters guarantee terms
Owners acknowledge and agree that to the extent permissible by applicable law in Your jurisdiction, TrustedHousesitters reserve the right to modify or terminate these Guarantee terms, at any time, at our sole discretion.
If We terminate these Guarantee terms, We will provide Owner and Sitter(s) with notice by email at least thirty (30) days before such termination and We will continue to process all Guarantee payment request form that you filed prior to the effective date of termination, but your right to file any new Guarantee payment request form after the effective date of termination will immediately end.
If we modify these Guarantee terms, We will post the modification on TrustedHousesitters' website. We will continue to process all Guarantee payment request form that you filed prior to the effective date of the modification.
In addition to and without limiting our rights set forth above in the immediately preceding paragraph, We reserve the right to modify or terminate these TrustedHousesitters Guarantee terms generally or in any jurisdiction, at any time, in its sole discretion, if:
(a) These TrustedHousesitters Guarantee terms are construed to be an offer to insure or constitute insurance or an insurance contract or insurance service agreement by any governmental or regulatory authority in any jurisdiction;
(b) We are required to obtain a license or permit of any kind to continue to provide these TrustedHousesitters Guarantee terms in any jurisdiction; or
(c) We determine or a court or arbitrator holds that the provisions of these TrustedHousesitters Guarantee terms violate applicable law.
If we modify or terminate these TrustedHousesitters Guarantee terms in accordance with the foregoing, We will process all Guarantee payment request forms that are filed prior to or as of the effective date of such modification or termination unless such processing is prohibited by law, regulation, ordinance, order, or decree of any governmental or other authority.
7. Transferring Owners interest in the guarantee waiver:
Owners may not transfer their interest in this guarantee cover to anyone else without Our written consent.
TrustedHousesitters have the right to subrogate against any person or entity whatsoever who allegedly is responsible for causing the losses or damages in question, even if that person or entity are Owners and/or Sitter(s). Further, Owners hereby agree that, with respect to any payments made under the guarantee cover by, or on behalf of, TrustedHousesitters, Owners will assist in and cooperate fully with TrustedHousesitters regarding any and all efforts at subrogation.
9. Disclaimers and Limitations of Liability
If Owners choose to use TrustedHousesitters Owners do so at their sole risk. The guarantee cover is provided “as is”, without warranty of any kind, either express or implied.
Owners acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of their access to and use of the TrustedHousesitters, and their listing of any Home(s) via the Platform remains with them. Neither TrustedHousesitters nor any other party involved in creating, producing, or delivering the sit will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure, or for any damages for;
(a) personal or bodily injury or emotional distress arising out of or in connection with these Guarantee terms;
(b) from the use of or inability to use the Platform;
(c) from any communications, interactions or meetings with other users of the Platform or other persons with whom you communicate or interact as a result of your use of the Platform, or
(d) from your listing of any Home via the Platform.
TrustedHousesitters will not be liable for any such damages described above, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not TrustedHousesitters has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
VI. Contacting TrustedHousesitters
If you have any questions about these TrustedHousesitters Guarantee Terms, please email us.