Guest Protection Programme
PAYMENT WILL ONLY BE MADE FOLLOWING THE FAILURE, DUE TO INSOLVENCY, OF A HOST’S LIABILITY INSURER TO MEET THE LIABILITY OWED TO A GUEST IN RELATION TO AN INCIDENT FOR WHICH A HOST HAS BEEN DEEMED LIABLE.
THIS GUARANTEE ONLY COMES INTO OPERATION WHEN BOTH THE HOST AND THE GUEST HAVE A VALIDATED BOOKING CONNECTING THEM.
1. THE GUEST PROTECTION PROGRAMME (GPP)
The Guest Protection Programme (“GPP”) may provide Hosts, in certain countries, with financial help for their legal liability for bodily injury or property damage to a Guest, a Guest’s property or to others resulting from an event that happens during a Booking at the Host’s Property, subject to the terms, conditions, and exclusions of the GPP. There is no cost to Hosts or Guests for enrolment into the GPP. SUPERHOG may reimburse the Host, subject to these terms. Please note all payments are made at SUPERHOG’s sole discretion.
No payments made by SUPERHOG under the GPP shall release, reduce or waive any liability of a Host, Guest or any other third party in relation to the incident.
3. LIMITS AND CONDITIONS
Protection under the GPP provides Hosts with contingent liability protection against their Liability to Guests only in the circumstance in which the Host’s own liability insurer is unable to make appropriate payments for reason of insolvency. The Host must make a claim first under their own insurance policy and/or pursue any other third party who may be liable for the injury or damage.
Hosts or their insurance advisers should check the terms and conditions of their own insurance policy to make sure it provides cover for having paying Guests to stay. For clarity, the only circumstance in which the GPP will make a payment is in the case of insolvency of the primary insurer. For information about the claims process, please see the claims section of this document.
The maximum we may pay under the GPP is the lower of $5,000,000 and the liability limit of the Host’s primary insurance policy.
As described above, The GPP may support Host Members following the failure, due to insolvency, of a Host’s liability insurer to meet the liability owed to a guest in relation to an incident for which the Host has been deemed liable.
The following conditions must be met in order for the Host to request support under the GPP:
- The Booking must be an Approved Booking;
- The Host must be able to provide a valid insurance policy for the Property, including Liability coverage in relation to having Guests to stay at the Property, covering the entire duration of the Booking;
- The Host must only use professional contractors (who maintain appropriate liability insurance) for every element of managing their Listings;
- The Host must take all reasonable steps to avoid causing any liability to a Guest and to mitigate the costs of any potential liability claim against the Host;
- The Host must initiate a claim with their insurer at the earliest opportunity and follow the liability process directed by them at all time;
- The Host must notify SUPERHOG as soon as they become aware that the insurer will be unable to pay a claim for which the Host has been deemed liable due to insolvency;
- The Host acknowledges and agrees to be bound by the terms of the GPP as well as all other related Superhog terms as published at the time of the Booking.
Failure to meet any of these conditions may result SUPERHOG being unable to support the Host with the GPP.
The GPP does not support Hosts in relation to damage or other loss that happens during a Booking. For damage to a Host’s Property, you should refer to the Host Guarantee.
The GPP also excludes:
(a) Aircraft, Auto, and Mobile Equipment – injury or damage connected in any way to aircraft, autos, and mobile equipment, except where these being used as Listings. To be a Listing, the Aircraft, Auto, or Mobile equipment must be parked.
(b) Assault and Battery – any loss or expense caused by, arising out of, or resulting directly or indirectly, in any way from assault and/or battery of any person committed by or alleged to have been committed by any Host under the policy.
(c) Chinese Drywall – injury or damage arising from or connected in any way to drywall, plasterboard, sheetrock, gypsum board, or any materials used in the manufacture of drywall used in the construction of interior walls, that were manufactured in, originated from, or exported from China or incorporated any component parts or materials made in, originated from, or exported from China.
(d) Communicable Disease – any bodily injury, property damage, or other loss arising out of the actual or alleged transmission of a communicable disease.
(e) Contractual Liability – liability for bodily injury or property damage where the Host is obligated to pay damages they have assumed in a contract or agreement. This exclusion doesn’t include legal liability the Host would have without a contract or agreement.
(f) Cross Suits – any claims brought by one host against another host, or one guest against another guest.
(g) Distribution of Material in Violation of Statutes – bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate any statute, ordinance, or regulation that prohibits or limits the sending, transmitting, communicating, or distributing of material or information.
(h) Electronic Data – damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data.
(i) Employment Related Practices, Workers Compensation and Employers Liability – bodily injury arising out of refusal to employ a person; termination of a person’s employment; or employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person. This exclusion applies whether the injury-causing event occurs before employment, during employment, or after employment of that person, and whether the insured may be liable as an employer or in any other capacity. Plus, any obligation of the insured under a workers’ compensation, disability benefits, or unemployment compensation law or any similar law. Bodily injury to any employees of the insured (or any of their family members) arising out of their employment by an insured or performing duties related to the conduct of an insured’s business. This exclusion applies whether the insured may be liable as an employer or in any other capacity.
(j) Expected or Intended Injury – bodily injury or property damage the Host intended to happen, or should have expected to happen. For example, if a Host were to deliberately destroy property of a guest, this coverage wouldn’t apply, even if the Host were legally responsible for that damage.
(k) Exterior Insulation and Insulation Systems – bodily injury or property damage related in any way to “exterior insulation and finish systems” or any part of them, including the application or use of conditioners, primers, accessories, flashings, coatings, caulking, or sealants in connection with such a system.
(l) Fungi or Bacteria – bodily injury or property damage arising from or connected to inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, any fungi or bacteria on or within a building or structure, including its contents. This exclusion does not apply to any fungi or bacteria that are, are on, or are contained in a good or product intended for consumption.
(m) Alcohol Liability – injury or damage for which any insured may be held liable because they:
- Caused or contributed to the intoxication of any person
- Provided alcoholic beverages to a person under the legal drinking age or under the influence of alcohol
- Violated any statute, ordinance, or regulation relating to the sale, gift, distribution, or use of alcoholic beverages.
(n) Loss of, or damage to, Certain Property – property damage to:
- Property you own, rent, or occupy
- Property loaned to you
(o) Damage to Listings, Impaired Listings, and Your Product – certain types of losses that would normally only be covered if you make products or work as a contractor at a location. These excluded losses involve property damage to:
- The exact part of any real Listing that you, or any contractors or subcontractors are working on, if the property damage arises from that work
- The exact part of any Listing that must be restored, repaired, or replaced, because your work was incorrectly performed on it
- Impaired Listing or Listing that has not been physically injured but is still less useful, arising from a defect, deficiency, inadequacy, or dangerous condition in your product or your work
- Impaired Listing or Listing that has not been physically injured but is still less useful, arising from a delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms
- Your Listing, including losses arising out of your product or any part of it or your work, including losses arising out of it or any part of it
(p) Nuclear Risks – any loss or damage resulting from the hazardous properties of nuclear material.
(q) Personal and Advertising Injury – losses, including consequential bodily injury that arise out of claims, such as:
- False arrest, detention, or imprisonment
- Malicious prosecution
- Wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord, or lessor
- Oral or written publication, in any manner, of material that slanders or libels a person or organization, or disparages a person’s or organization’s goods, products, or services
- Oral or written publication, in any manner, of material that violates a person’s right of privacy
- Use of another’s advertising idea in your advertisement
- Infringing upon another’s copyright, trade dress, or slogan in your “advertisement”
(r) Pollution – bodily injury or property damage arising from pollutants of any kind. There is an exception for losses originating from equipment that is used to heat, cool or dehumidify the building, or equipment used to heat water, for personal use, by the building’s occupants or their guests. There is also an exception for injury or damage arising out of a fire that escapes its normal location (hostile fire).
(s) Products and Completed Operations – bodily injury or property damage occurring away from premises you own or rent and arising out of any goods or products, other than real property, manufactured, sold, handled, distributed, or disposed of by you or other trading under your name.
(t) Products Recall – damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal, or disposal of your product, your product, work, or impaired property. Impaired property means tangible property that cannot be used or is less useful because it incorporates your product or work and such product or work is thought to be defective, deficient, inadequate or dangerous.
(u) Punitive or Exemplary Damages – punitive or exemplary damages, fines, or penalties, except where such damages are insurable by law.
(v) Recording of Material or Information – damages related to bodily injury or property damage arising out of actual or alleged recording, printing, dissemination, disposal, collecting, sending, transmitting, communicating, or distribution of any material or information by a camera that is:
- not previously disclosed by a Host in the Listing, including the specific location whether recording occurs during the reservation, or
- placed in or observing the interior of private spaces such as a bathroom, bedroom, or sleeping area, or
- not concealed
(w) Sexual Assault – any loss or expense caused by, arising out of, or resulting directly or indirectly, in any way from sexual abuse or molestation of any person committed by or alleged to have been committed by any insured.
(x) Silica, Silica Dust, Lead, and Asbestos – bodily injury or property damage arising from or connected in any way to asbestos, lead, silica, or silica dust.
(y) Watercraft – injury or damage connected in any way to watercraft, with the exception of Listings that are docked or on a mooring.
(z) War – bodily injury or property damage arising, directly, or indirectly, out of:
- War, including undeclared or civil war
- Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign, or other authority using military personnel or other agents
- Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these.
6. GEOGRAPHICAL RESTRICTIONS
Any Property is eligible for the GPP 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.
SUPERHOG will not be liable to make any payment under the GPP which:
(a) 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
(b) would breach economic, financial or trade sanctions imposed by Canada, the European Union, United Kingdom or the United States of America.
7. RESOLUTION SUPPORT
Please inform SUPERHOG immediately by emailing firstname.lastname@example.org if you become aware of any bodily injury or property damage for which you may require support under the GPP due to the insolvency of your insurer.
A third-party claims adjuster appointed by the insurer will get in touch with you to discuss the claim and gather information. The adjuster may then settle the claim in accordance with the terms of the GPP, and applicable laws and regulations in the applicable jurisdiction.
This Guarantee will be governed by the laws of England and Wales. By engaging with the SUPERHOG Guarantee the Host and Guest agree that any legal proceedings with SUPERHOG in connection with this Guarantee will only take place in the courts of England and Wales.