Accident & 3rd party liability plan terms

Last updated: 11th March 2024

I. The TrustedHousesitters’ Plan in case of damages and costs paid to others by Sitters while housesitting

We offer, on a goodwill basis and at our sole discretion, a plan to Sitters in respect of loss from having to pay damages and costs to others which arise from any single, uncertain event occurring during a Sit if the pet causes: (a) death or injury to a person; or (b) loss or damage to a person’s property.

Sitters must comply with all requirements and conditions in this Plan in order to be eligible to benefit from this Plan.

This Plan is offered at our sole discretion and only to Sitters who have an active standard or premium membership and have agreed and confirmed a Sit on the TrustedHousesitters Platform, with a start date within their paid membership term.

This Plan is not an insurance policy and is not intended to replace the guarantees of Sitters’ own insurance contracts (which, under our Terms of Service, a Sitter must arrange and have in place before a Sit) or the insurance contracts of Pet Parents (who are required under our Terms of Service to have adequate home insurance, including the occupancy of a Sitter in their home).

If loss is suffered by a Sitter as a result of damage or injury caused by a Pet whilst housesitting, we may pay the Sitter, at our sole discretion, up to the Maximum Limit.

II. Definitions

'Maximum Limit'' means $1,000,000 per incident, 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.

''payment request form'' means the standard form, accessible by contacting TrustedHousesitters’ Membership Services directly, that a Sitter uses to request payment from Us pursuant to this Plan.

“Pet Parent” means pet parent members who create an approved listing of their home on Our platform. A Pet Parent must be the person who has legally acquired the pet, through purchase, adoption, or a legal transfer of ownership and can provide evidence to support this if required. The term Pet Parent is interchangeable with the term Owner.

“Pet” means an ordinary domestic cat or dog (that is not dangerous or wild) legally owned by the Pet Parent member.

“Plan” means this discretionary Accident and 3rd Party Liability Plan for Sitters.

''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 adult individuals or families who have agreed to Our Terms of Service and have organised to stay in a home including individuals invited to be present at a home by the Sitter(s) during a Sit.

"Terms of Service” means our Terms of Service.

''We/Us/Our'' means TrustedHousesitters.

III. Are there circumstances where we will never pay under this Plan?

This Plan is offered at our sole discretion but in any event we will never pay Sitters under this Plan where:

Any loss, damage, liability, cost or expense of any kind caused by any pet which is less than 8 weeks of age at the start of a booking or does not belong to the Pet Parent.
Any loss, damage, liability, cost or expense of any kind caused by malicious or wilful injury or gross negligence to the pet which is caused by the Pet Parent or the Sitter.
Any loss, damage, liability, cost or expense of any kind caused by any pets which are not dogs or cats.
Where the Sitter fails to provide proof of financial loss.
For losses in excess of the Maximum Limit.
If Sitter, or anyone acting for Sitter makes, or attempts to commit fraud, such as a false or exaggerated claim, We will reject the payment request form and any subsequent payment request forms. We will notify the Sitter if We do this. Additionally:

(a) if We have made any payments in respect of fraudulent activities, Sitter must repay that sum to Us.

(b) if there has been fraudulent activity to secure any benefits under this Plan this will result in no payment being made.

We shall not provide any benefit or be liable to provide any benefit under this Plan which:

(a) would breach economic, financial or trade sanctions imposed under the law of the country in which this Plan is 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;

Loss or damage of anything owned by or the legal responsibility of the Pet Parent, their family, their domestic employees who normally live with the Pet Parent or the Sitter.

Liability arising from:

any employment, trade, profession or business of the Pet Parent or the Sitter.
the use of the pet for trade, profession or business.
death, injury, loss or damage to any of the Pet Parents, their domestic employees, anyone employed under contract of service by the pet parent or the Sitter.
liability accepted by the Pet Parent or Sitter under any agreement, unless the liability would exist without the agreement.
liability covered by any other policy unless all the cover under that policy has been used up.
fines, penalties or breach of quarantine restrictions or import or export regulations.

IV. How can a Sitter recover costs/losses from us?I

This Plan is offered at our sole discretion but in order to be considered for payment under this Plan, the following conditions must be complied with. Failure to fully comply may mean we decline to offer you any payment under the Plan. In all cases, the onus will be upon Sitter to demonstrate that they have complied with the following conditions.

The most we will pay under this Plan is $1million per incident.

1. Sitter Contribution

The Sitter must contribute $50 towards any payment request made against this Plan.

2.Notification of incident

Sitters must notify TrustedHousesitters within 24 hours of a pet being involved in a serious incident.

3. The Sitter will need to:

(a) complete a payment request form, and

(b) deliver a signed and sworn proof of loss.

4. Information requests

Sitters must provide TrustedHousesitters with all information it reasonably requests to help facilitate a claim.

5. Cooperation

Sitters 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 payment request form.

V. Conditions

Acknowledgments and agreements by Sitter.

1. Purpose of the Plan

Sitters acknowledge and agree:

this Plan is offered at our sole discretion and this Plan does not constitute an offer to insure, not does it constitute insurance or an insurance contract, and does not take the place of insurance obtained or obtainable by you. Furthermore, this Plan is not an insurance service agreement as defined in a standard ISO renter’s or homeowner’s insurance policy. To the extent Sitters desire protection beyond this discretionary Plan (such as the insurable losses covered by a travel insurance or other policy), Sitters should purchase insurance that will cover any losses suffered as a result of damage or injury caused by a pet while housesitting.
that 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 payment request form that Sitter file with TrustedHousesitters, notwithstanding delivery of all information and materials that are required.

2. Pet Parent/Sitter(s) communications

Sitters acknowledge and agree that when requesting us to exercise our discretion and offer payment under this Plan, they give TrustedHousesitters consent to review all communications between Pet Parents and Sitter(s), on and off the platform.

3. Offsetting

Sitters acknowledge and agree that TrustedHousesitters reserves the right, at any time, to offset or deduct from the amounts payable or paid by TrustedHousesitters to Sitter under this Plan, any amounts that Sitters may have in their possession, or to subsequently collect, from any other person or entity who is obligated to pay Sitter for losses.

4. Changes to this Plan

Sitters acknowledge and agree that to the extent permissible by applicable law in your jurisdiction, TrustedHousesitters may modify or terminate this Plan, at any time, at Our sole discretion.

If We terminate this Plan, We will provide Pet Parents and Sitter(s) with notice by email at least thirty (30) days before such termination and We may at our discretion continue to process all payment request forms that you filed prior to the effective date of termination, but your right to file any new payment request form after the effective date of termination will immediately end.

If We modify this Plan, We will post the modification on TrustedHousesitters' website. We may at our discretion continue to process all 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 may modify or terminate this Plan generally or in any jurisdiction, at any time, and at our sole discretion, if:

(a) this Plan is construed to be an offer to insure or constitutes insurance, an insurance contract or an 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 this Plan in any jurisdiction; or

(c) We determine that a court, arbitrator, regulatory or other authority holds that the provisions of this Plan violate applicable law or regulation.

If We modify or terminate this Plan in accordance with the foregoing, We may process (at our sole discretion) all 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 Sitters’ interests

Sitters may not transfer their interest in this Plan to anyone else without Our written consent.

6. Subrogation

TrustedHousesitters have the right to subrogate against any person or entity whatsoever who allegedly is responsible for causing the losses in question, even if that person or entity are Pet Parents and/or Sitter(s). Further, Sitter hereby agree that, with respect to any payments made under the Plan by, or on behalf of, TrustedHousesitters, Sitter will assist in and cooperate fully with TrustedHousesitters regarding any and all efforts at subrogation.

7. Disclaimers and Limitations of Liability

If Sitter chooses to use TrustedHousesitters Sitter do so at their sole risk. This Plan is provided “as is”, and at our sole discretion, without warranty of any kind, either express or implied.

Sitters 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 arranging of any housesits 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 this Plan;

(b) from the use of or inability to use TrustedHousesitters; or

(c) from any communications, interactions or meetings with other users of the TrustedHousesitters Platform or other persons with whom you communicate or interact as a result of your use of the TrustedHousesitters 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 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 this plan, please email us.