Last updated: 15th March 2021
I. The Sit Promise
We will reimburse owners, up to $1500 (or foreign currency equivalent), at a limit of $150 per day, in respect of loss from having to source alternative pet care due to a sitter cancelling unexpectedly. All claims are subject to the terms, conditions, and limitations shown below, as defined in the limits or as amended in writing by us.
Owners must comply with all requirements and conditions in the terms in order to be eligible to benefit from the guarantee.
This protection is only for owners who have an active premium membership and have agreed and confirmed a sit on the TrustedHousesitters Platform, with a start date within their paid membership term.
“Alternative pet care” means boarding the pet in a licensed kennel or cattery, or paying someone to look after the pet at the owners home.
“Cancellation” means a confirmed sit arrangement is cancelled prior to the start date or the sit is abandoned prior to the agreed end date.
''Claim 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 terms.
''Limits'' means $1500 per home per sit, or its 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 $1500 total limit, there is a daily limit of $150.
''Terms'' means the terms and conditions of the TrustedHousesitters sit cancellation guarantee as laid out in this document.
''Owner'' means owner members who create an approved listing of their home on our platform and are eligible to receive payment under our sit cancellation protection.
''Platform'' means the online platform accessed via our website (www.trustedhousesitters.com) or our mobile application.
''Sit'' means a 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.
“Unexpectedly” means a cancellation that occurs less than 14 days before the agreed sit start date or during the sit, but before the agreed end date.
“Unliveable” means an owner's premise that fails to meet the requirements outlined in our Terms of Service. These requirements include but are not limited to, a clean and hygiene living space, no 3rd parties present, no dangerous pets.
''We/Us/Our'' means TrustedHousesitters.
III. What's not covered?
The guarantee will not reimburse owners for any of the following:
- The owner initiates the sit cancellation.
- The sit cancellation is mutually agreed between the owner and the sitter.
- The owner or a member of the owner’s family provides the alternative pet care.
- The owner fails to provide receipts detailing dates, daily costs of boarding and expenses they have paid.
- The person caring for the pet does not provide written confirmation of the amount they have been paid.
- For losses in excess of the limits.
- A sitter abandons the sit because the premises are deemed to be unliveable.
- We have relisted the sit dates and suitable alternative sitters have applied.
- We have successfully sourced an alternative sitter.
- If owners, or anyone acting for owners makes, or attempts to commit fraud, such as a false or exaggerated claim, we will reject the claim payment request form and any subsequent claim payment request forms. We will notify the owner if we do this. Additionally:
(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 terms this will result in no payment being made.
(c) we may also notify the relevant authorities, so that they may consider criminal proceedings.
11. 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 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.
IV. How we settle claims
In order to be eligible to obtain payment under these 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. Contribution by Owners
We expect owners to contribute $50 towards any claim made against this guarantee.
2. Cancelled Sit Notification
Owners must notify TrustedHousesitters within 24 hours of a sit being cancelled and provide correspondence that confirms the cancellation.
3. Alternative Sitter
(a) Where time allows, owners must allow us to relist their sit and allow other sitters to apply.
(b) Where a sit is cancelled at short notice or abandoned during the sit, owners must allow us to attempt to source an alternative sitter.
4. Owners must provide receipts detailing dates, daily costs of boarding and expenses they have paid.
5. If requested by us, the person caring for the pets must be able to produce written confirmation of the daily amount they have been paid.
6. If a sit has been cancelled because the sitter believes the premises to be unliveable, we may request statements and photographic evidence from both parties before deciding if the cancellation was justified.
7. To complete a claim owners will be asked to complete:
(a) the claim payment request form, and
(b) deliver a signed and sworn proof of loss.
8. Information requests
Owners must provide TrustedHousesitters with all information it reasonably requests to help facilitate a claim.
Owners must cooperate with TrustedHousesitters, including signing any documents, and timely responding to any reasonable requests for additional information or documentation that TrustedHousesitters or its designees may require or request to process the applicable claim payment request form.
Acknowledgments and agreements by owners
1. Purpose of the Guarantee
Owners acknowledge and agree that:
(a) 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 claim payment request form that owners file with TrustedHousesitters, notwithstanding delivery of all information and materials that are required.
(b) For any sit cancellation, the owners must first allow TrustedHousesitters to attempt to source an alternative registered sitter, before seeking recourse to this guarantee.
2. Owners/Sitter(s) communications
Owners acknowledge and agree that when requesting a payment under this guarantee, 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 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.
4. Changes to TrustedHousesitters 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 terms, at any time, at our sole discretion.
If we terminate these terms, we will provide owners and sitter(s) with notice by email at least thirty (30) days before such termination and we will continue to process all claim payment request forms that you filed prior to the effective date of termination, but your right to file any new claim payment request form after the effective date of termination will immediately end.
If we modify these terms, we will post the modification on TrustedHousesitters' website. We will continue to process all claim payment request forms 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 terms generally or in any jurisdiction, at any time, in its sole discretion, if:
(a) these 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 terms in any jurisdiction; or
(c) we determine that a court or arbitrator holds that the provisions of these terms violate applicable law.
If we modify or terminate these terms in accordance with the foregoing, we will process all claim 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.
5. Transferring Owners interest in the guarantee waiver:
Owners may not transfer their interest in this guarantee 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 a claim under this guarantee, 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.
8. Disclaimers and Limitations of Liability
If owners choose to use TrustedHousesitters owners do so at their sole risk. The guarantee 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 homes via TrustedHousesitters 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 terms;
(b) from the use of or inability to use the TrustedHousesitters;
(c) from any communications, interactions or meetings with other users of the TrustedHousesitters or other persons with whom you communicate or interact as a result of your use of the TrustedHousesitters, or
(d) from your listing of any home via TrustedHousesitters.
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 Sit Cancellation Terms, please email us.