SUPERHOG Ltd (“Superhog”) 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 Superhog’s sole discretion.
1.1. No payments made by Superhog under this guarantee shall release, reduce and/or waive any liability of a Guest relating to Property Damage.
1.2. Any payment by Superhog under this guarantee transfers a Guest’s liability such that it becomes a liability to Superhog rather than to the Host.
2.1. For a Host to request a Guarantee Payment, the following conditions must be satisfied:
2.1.1. the Booking was Approved;
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 Superhog and/or its partners 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 Superhog.
2.3. The maximum Superhog may pay under this guarantee is the lower of US$5,000,000 and the insured values for the Property which has suffered Property Damage. Within any payment made under this guarantee, the maximum amount Superhog will pay in relation to Contents is US$150,000.
3.1. Superhog 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. the first US$500 of any Property Damage;
3.1.5. Cosmetic Damage or Wear and Tear;
3.1.6 Property Damage from any Party which took place with the Host’s consent;
3.1.7. Property Damage which the Host could reasonably have expected or foreseen;
3.1.8. bodily injury or other loss suffered by a Host or Guest;
3.1.9. alternative accommodation costs for the Guest or Host;
3.1.10. interruption of business, loss of market and/or loss of use of the Property or consequential loss of income; and
3.1.11. Property Damage which was caused by any pet (other than a service animal) which the Host permitted to stay at the Property.
4.1. In order to submit a Payment Request the Host must declare Property Damage to Superhog 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 Superhog may require the Host to make an insurance claim before any Guarantee Payment can be considered.
5.1. Superhog reserves the right to reimburse the Host (whether in full or part) in respect of Property Damage which occurred during a Booking. Any payments made under this guarantee are to be determined by Superhog.
5.2. To quantify the Guest’s liability, Superhog 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. Superhog has the right to invoice the Host US$70 by way of contribution towards the costs associated with enforcing a Guest’s liability for Property Damage. Any Guarantee Payment shall take this contribution into account.
5.4. Superhog also has the right to take ownership of any items for which a Guarantee Payment has been made to replace the item, and the Host agrees to provide reasonable assistance in such circumstances.
5.5. Any Guarantee Payment will be made by electronic transfer to the account details provided by the Host within 5 working days of agreeing any Guarantee Payment.
5.6. Any Guarantee Payment will be paid in the currency of the location of the Property Damage unless, in Superhog’s sole discretion, Superhog elects to pay in a different currency. If currency conversions are required, Superhog uses OANDA (www.oanda.com).
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. Superhog 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.
7.1. This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales. The Host agrees to submit to the exclusive jurisdiction of the English courts.
7.2. The unenforceability or invalidity of any clause in this agreement shall not have an impact on the enforceability or validity of any other clause.
7.3. Notices under this agreement will be in writing and delivered by email. Any notice sent by email will be deemed received eight hours after the email is sent, unless or in the event notification of non-delivery is received.
1. The definitions and rules of interpretation which apply in this agreement:
“Acts of Nature” means (but is not limited to) earthquakes and weather-related events such as hurricanes and tornadoes;
“Agent” means any party providing services on behalf of a third party, for example Superhog undertakes Validations as an agent of a Host;
“Approved” means a status allocated to a Booking, Host, Guest, Listing, Platform, Partner (and/or any third party) as the result of a successful Validation;
“Booking” means, a confirmed stay that has been registered with Superhog and involves an Approved Guest staying at a Host’s Listing;
“Chargeback” means a charge that is returned to a payment card after a customer successfully disputes an item on their account statement or transactions report. A chargeback may occur on either debit cards (and the underlying bank account) or credit cards;
“Contents” means household goods and other personal property contained within a Listing, 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;
“Damage Deposit” means an agreement whereby an actual or virtual payment, up to an amount determined by a Host, is made by a Guest and held by Superhog to be used in the event of Property Damage;
“Damage Waiver” means an agreement whereby a Guest’s liability for Property Damage in relation to a specific Booking is waived up to a specified amount, in return for a one-off, non-refundable payment;
“Group Company” means a parent, subsidiary or related company of Superhog;
“Guarantee” refers individually and collectively to the guarantees provided by Superhog;
“Guarantee Payment” means any payment made by Superhog on behalf of a Guest or Host in response to a Payment Request under a Guarantee;
“Guest” means both the lead guest who makes a Booking and any accompanying occupants;
“Guest Agreement” means the governing terms in place between the Guest, the Host and Superhog;
“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);
“Host” means an Approved accommodation property advertiser who is advertising Approved Listings on a recognised STR Platform;
“Host Guarantee” means the governing terms in place between the Host and Superhog;
“Listing” (also “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;
“Not-Approved” means a status allocated to a Booking, Host, Guest, Listing, Platform, Partner (and/or any third party) as the result of a failed Validation;
“Partner” (also “Client”) means any third party who has an ongoing commercial relationship with Superhog bound by agreed contractual terms;
“Party” means a social gathering of people who have been invited into the Property by the Guests, which typically involves eating, drinking, and entertainment, including any gathering where the number of Guests in the Property is greater than the Property’s stated capacity;
“Payment Request” means a formal request for a payment to be made by Superhog in accordance with a Guarantee;
“Platform” (or “STR Marketplace”) means a recognised short-term rental platform or marketplace, such as (but not limited to) Airbnb, Booking.com or VRBO, also including www.superhog.com;
“Property” see “Listing” definition;
“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;
“Superhog” (also the “Company”) means SUPERHOG Limited and/or any Group Company. Superhog shall also mean superhog.com and any other Superhog branded websites, web pages, mobile websites (collectively, the “Site”), and any mobile applications (the “App”) owned and or operated by Superhog;
“Validation” (also “Verification” and “Verify”) means the protocols and processes performed by Superhog in order to allocate an Approved or Not-Approved status to any Booking, Host, Guest, Listing, Platform, Partner (and/or any third party);
“Watchlist” means an internal Superhog-owned database of third parties that will not be given Approved status by Superhog based on the outcome of a Validation, intelligence and/or previous experience; and
“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.
2. Clause, schedule and paragraph headings shall not affect the interpretation of this agreement.
3. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
4. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
5. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.