DockShield Insurance Agreement
At dockaboat, we have partnered with Superhog, a trusted third-party insurance provider, to offer comprehensive insurance coverage for both our guests and hosts. This coverage is required and calculated on a daily booking basis and coverage. This agreement outlines the terms and conditions of the DockShield Insurance Program, which will be in effect during the duration of your dock rental.
Guest Agreement
This agreement governs the relationship between you (“Guest”), SUPERHOG Ltd (“SUPERHOG”), and your Host in any Booking. You should read this agreement carefully and only continue if you wish to be bound by the agreement in its entirety.
1.1. To protect the Host’s interest in the Property, the Guest agrees to complete a Booking Validation. As part of this process, the Guest may be required to verify their identity (ID) in advance of the Booking, including providing accepted photographic ID (if applicable).
1.2. The Host or SUPERHOG, acting as the Host’s Agent, may pass the Guest’s details to a third-party provider to carry out ID verification and other checks.
1.3. No SUPERHOG guarantees will be active in relation to a Booking if the SUPERHOG Booking Validation has not been completed in advance of the Booking.
2.1. The Guest acknowledges they are liable for all Property Damage to, at, or in the Property during the Booking which was directly or indirectly caused by their own action or inaction.
2.2. The Guest is liable for the full reservation amount owed to the Host, and any cancellation or refund is subject to the Host’s cancellation terms.
2.3. The Guest agrees not to make a Chargeback against the Host.
3.1. With regard to their Booking, the Guest agrees to the following conditions:
3.1.1. to use the Property only as permitted by the Host and always in a reasonable and responsible manner. Parties on the boat are strictly prohibited unless pre-authorized by the Host;
3.1.2. to take full responsibility for the conduct and behavior of any person(s) they have permitted to enter the Property;
3.1.3. to ensure the Boat is adequately secured at all times and in accordance with the Dock’s rules.
4.1. Wherever possible, the Guest shall take a photographic record of the Property at the start and the end of the Booking. In the event the Guest does not do so, the Guest acknowledges that it will be hard for them to prove that any Property Damage was not caused by them.
4.2. On becoming aware of any Property Damage or similar, the Guest shall act without delay and take all reasonable steps to minimize its effects, including but not limited to, steps to prevent it from worsening and/or causing a nuisance to the occupier of any neighboring premises. The Guest shall report any such Property Damage to the Host or dockaboat as soon as reasonably practicable.
4.3. In accordance with Clause 2.1, the Guest is liable for all Property Damage to, at, or in the Property during their Booking which was directly or indirectly caused by their own action or inaction. In addition to any liability for Property Damage, the Guest agrees to compensate the Host for any fees or charges payable, including compensation to occupiers of neighboring premises caused by the Guest’s actions, inactions, or their failure to fulfill any of the obligations in this agreement.
4.4. In the event of unreported Property Damage, it will be assumed that any Property Damage was caused by the Guest and they will be liable in accordance with Clause 2.1.
4.5. The Guest acknowledges that the cost of Property Damage will be determined at SUPERHOG’s sole discretion.
5.1. This agreement sets out the terms on which SUPERHOG provides services in respect of a Booking. By entering into this agreement you also agree to Superhog’s Website Terms and Privacy and Data Protection Policy which you can find at www.superhog.com. You must read this agreement carefully as your continuation through the Booking Validation process constitutes acceptance of these terms and the associated obligations.
5.2. To the extent this agreement is signed by an Agent or representative of a Guest, it is deemed to also bind the Guest and confirm their acceptance of the terms of this agreement.
5.3. You agree that SUPERHOG may pass on certain information to the Host in connection with the Booking (if relevant).
5.4. You acknowledge that if you have caused Property Damage and not satisfied your associated liabilities in accordance with this agreement, your details may be held by SUPERHOG on a Watchlist.
Host Guarantee
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, 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. Guests are covered for up to $500 by dockaboat for any property damage to the dock incurred during the rental period. This coverage is in effect upon the commencement of the rental and ceases at the end of the rental period.
1.2. There is no deductible for the coverage provided to guests under this agreement.
1.3. The insurance coverage is limited to the dock itself and does not extend to other properties, items, or incidents.
2.1. For a Host to request a Guarantee Payment, the following conditions must be satisfied:
– The Booking was Approved;
– All reasonable steps are and/or have been taken by the Host to mitigate the costs of any Property Damage;
– The Host agrees to provide whatever assistance is required by SUPERHOG and/or its partners in order to assess the Property Damage and 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:
- Unpaid Booking;
- Acts of Nature;
- Property Damage which cannot be proved to have been caused by a Guest during a Booking;
- The first US$500 of any Property Damage;
- Cosmetic Damage or Wear and Tear;
- Property Damage from any Party which took place with the Host’s consent;
- Property Damage which the Host could reasonably have expected or foreseen;
- Bodily injury or other loss suffered by a Host or Guest;
- Alternative accommodation costs for the Guest or Host;
- Interruption of business, loss of market and/or loss of use of the Property, or consequential loss of income; and
- 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:
- Timestamped photographs immediately before and after the Booking showing the Property Damage;
- Formal police reports of the event (as appropriate);
- Original invoices;
- Quotation(s) or estimate for replacement/repair; and
- 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 that 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:
– 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;
– Depreciation based on the expected lifetime of the item(s) within a rental environment, that has suffered Property Damage; and/or
– 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 on 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 unsuitable for travel on the day the Booking begins.
6.2. SUPERHOG will not be liable to make any payment under this guarantee which:
– 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
– 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.
Appendix
Definitions and Rules of Interpretation:
1. Acts of Nature: Earthquakes and weather-related events such as hurricanes and tornadoes.
2. Agent: A party providing services on behalf of a third party, e.g., SUPERHOG undertakes Validations as an agent of a Host.
3. Approved: A status allocated to a Booking, Host, Guest, Listing, Platform, or Partner as the result of a successful Validation.
4. Booking: A confirmed stay that has been registered with SUPERHOG and involves an Approved Guest staying at a Host’s Listing.
5. Chargeback: A charge that is returned to a payment card after a customer successfully disputes an item on their account statement or transactions report.
6. Contents: Household goods and other personal property contained within a Listing, including art, antiques, and collectible items, but excluding specific items like currency, cheques, and jewelry unless stored in a locked safe.
7. Cosmetic Damage: 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.
8. Damage Deposit: 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.
9. Damage Waiver: 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.
10. Group Company: A parent, subsidiary, or related company of SUPERHOG.
11. Guarantee: Refers individually and collectively to the guarantees provided by SUPERHOG.
12. Guarantee Payment: Any payment made by SUPERHOG on behalf of a Guest or Host in response to a Payment Request under a Guarantee.
13. Guest: Both the lead guest who makes a Booking and any accompanying occupants.
14. Guest Agreement: The governing terms in place between the Guest, the Host, and SUPERHOG.
15. Home Standards: A set of standards and best practices that ensures a Listing is safe, fully functional, and as advertised.
16. Host: An Approved accommodation property advertiser who is advertising Approved Listings on a recognized STR Platform.
17. Host Guarantee: The governing terms in place between the Host and SUPERHOG.
18. Listing (also “Property”): Any residential property which a Host has the legal and/or contractual right to offer to Guests and which complies with Home Standards.
19. Not-Approved: A status allocated to a Booking, Host, Guest, Listing, Platform, Partner as the result of a failed Validation.
20. Partner: Any third party who has an ongoing commercial relationship with SUPERHOG bound by agreed contractual terms.
21. Party: A social gathering of people who have been invited into the Property by the Guests.
22. Payment Request: A formal request for a payment to be made by SUPERHOG in accordance with a Guarantee.
23. Platform: A recognized short-term rental platform or marketplace.
24. Property Damage: 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 during a Booking.
25. SUPERHOG: SUPERHOG Limited and/or any Group Company.
26. Validation: 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.
27. Watchlist: 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.
28. Wear and Tear: 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.
Clause, Schedule, and Paragraph Headings:
- Clause, schedule, and paragraph headings shall not affect the interpretation of this agreement.
References to Companies
:
- A reference to a company shall include any company, corporation, or other body corporate, wherever and however incorporated or established.
Singular and Plural Terms:
- Unless the context otherwise requires, words in the singular shall include the plural, and in the plural shall include the singular.
Gender Inclusivity:
- Unless the context otherwise requires, a reference to one gender shall include a reference to the other gender.
At dockaboat, safety is our top priority, and we are committed to providing a secure platform for dock owners and boat enthusiasts alike. If you have any questions or need further assistance, please don't hesitate to reach out to our support team at support@dockaboat.app.
Thank you for choosing dockaboat.app Dockshield Insurance Program. We wish you a fantastic and worry-free dock rental experience!