Last updated: 11th March 2024
I. The TrustedHousesitters’ Plan in case of losses suffered by Pet Parents from property damage, theft and third-party liability
We offer, on a goodwill basis and at our sole discretion, a plan to Pet Parents in respect of loss from property damage, Theft and Third-party liability, subject to the terms, conditions, and limitations shown below, as defined by the Maximum Limit or as amended in writing by Us.
Pet Parents must comply with all of the requirements and conditions in the Terms in order to be eligible to benefit from the Plan.
This Plan is offered at our sole discretion and only to Pet Parents who have an active standard or premium membership and have agreed and confirmed a Sit on the TrustedHousesitters Platform.
This Plan is not an insurance policy and Pet Parents must have their own Underlying insurance policy (which should cover Pet Parents, and their homes and contents). This Plan is not intended to replace the Pet Parents’ own Underlying insurance. Pet Parents must first attempt to claim through their own Underlying insurance. Only if that claim is rejected can this Plan be used.
If loss is suffered by a Pet Parent from property damage, Theft and Third-party liability, we may pay the Pet Parent, at our sole discretion, up to the Maximum Limit.
II. Definitions
The words and phrases in the Terms will always have the same meaning wherever they appear in bold.
''Accidental damage'' means sudden, unexpected and visible damage, caused by the sitter(s), which has not been caused on purpose.
''Art and collections'' means art, antiques, and collectibles. We do not include Valuables within this definition.
''Buildings'' means any permanent structure, including fixtures and fittings, within the grounds of a Home.
''Contents'' means household goods, Art and collections, Valuables, clothing and personal property that belongs to a Pet Parent at a Home. We do not include Money or animals, plants, trees, hedges or Buildings within this definition.
''Electronic Data'' means information, facts or programs, stored as or on, created or used on, or transmitted to or from any Electronic media.
''Electronic Media'' means computer software, including systems and applications software, hard or floppy disks, CDROMS, tapes, drives, cells, data processing devices or any other media which are used with, electronically controlled equipment.
''Home'' means the accommodation at a residential address, within the Territorial limits, provided by a Pet Parent to a Sitter(s) as listed on our Platform, and for which, the Pet Parent has Underlying insurance.
“Pet” means pets covered by this Plan. This Plan exclusively covers domestic dogs and cats only and does not extend coverage to dangerous or wild animals.
“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. Each Pet may only have one Pet Parent under this Plan (or where there is more than one Pet Parent listed for a Pet, the aggregate benefit that we may at our discretion provide under this Plan will not be more than it would be if only one Pet Parent was listed).
''Malicious damage'' means damage caused by the deliberate or negligent action or actions of a Sitter(s).
''Maximum Limit'' means $1,000,000 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 $1,000,000 total limit, there is a total limit of $100,000 for Contents.
''Money'' means cash, bank, and currency notes, cheques, postal orders, travellers’ cheques, money orders, crossed bankers drafts, current postage stamps, National Savings Stamps and Certificates, National Insurance Stamps, gift tokens, customer redemption vouchers, travel tickets, and luncheon vouchers.
''payment request form'' means the standard form, accessible by contacting TrustedHousesitters Membership Services directly, that a Pet Parent uses to request payment from Us pursuant to this Plan.
“Plan” means this discretionary Home and Contents Plan for Pet Parents.
''Platform'' means the online Platform accessed via Our website (www.trustedhousesitters.com) or Our mobile application.
''Sit'' means a completed 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 who have organised to stay in a Home including individuals invited to be present at a Home by the Sitter(s) during a Sit.
''Sitter damage'' means damage to Buildings and / or Contents which you have had to repair or replace attributable to the actions or inactions of a Sitter(s), caused by Accidental damage, Malicious damage or Theft.
"Terms of Service” means our Terms of Service.
''Theft'' means theft or attempted theft caused or enabled by a Sitter(s) actions or inactions occurring during a Sit.
''Third-party liability'' means the legal liability of the Pet Parent as occupier and owner of the Buildings and its land, to pay damages and costs to others which arise from any single event occurring during a Sit which results in:
(a) accidental death, disease, illness or accidental physical injury to a Sitter(s);
(b) damages caused by a Sitter(s) to adjacent third-party properties.
''Valuables'' means jewellery, gemstones, watches, fur, and guns which belong to the Pet Parent and are kept in a locked safe inaccessible to Sitter(s).
''Underlying insurance'' means the annual insurance policy covering Buildings and Contents, that the Pet Parent has purchased which covers the Pet Parent’s property and includes public liability insurance.
''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 Pet Parents under this Plan for any of the following:
- Loss or damage if the Pet Parent does not have Underlying insurance.
- Loss or damage which existed before the Home was used for a Sit.
- Loss or damage from a Sit not organised, confirmed and accepted through Our Platform.
- Any losses caused by a Sitter(s) after the completion of the Sit.
- Losses or damages in excess of the Maximum Limit.
- Losses or damage caused by or resulting from any of the following:
(a) acts where the Sitter(s) does not admit liability unless the damage is Malicious damage or Theft;
(b) natural events, including but not limited to, earthquakes and weather-related events such as hurricanes and tornadoes;
(c) excessive use of electricity, gas, fuel, water or other utilities provided for the Home;
(d) interruption of business, loss of market and/or loss of use;
(e) mysterious disappearance, loss, or any unexplained loss of Contents;
(f) animals, insects, vermin, including injuries to animals, veterinary care, boarding, medications, and all other services associated with animals;
(g) identity Theft or identity fraud;
(h) actual or threatened malicious use of poisonous biological or chemical materials;
(i) lack of electricity, fuel, water, gas, steam, refrigerant, sewerage, telephone or internet services due to external factors;
(j) faulty workmanship, material, construction or design including the process of cleaning, dyeing, repair, alteration, renovation or restoration;
(k) settling, cracking, shrinking, bulging, or expansion of foundations, floors, pavements, walls, ceilings or roofs;
(l) corrosion, deterioration, depletion or rusting;
(m) damp, condensation, fading, frost or anything which happens gradually;
(n) fungus, mould, mildew, spores or other microorganisms of any type of nature or description;
(o) viruses and disease;
(p) nuclear reaction or radiation or radioactive contamination;
(q) any hostile act or act of war, terrorism, insurrection or rebellion;
(r) corruption of, inability to access, or inability to manipulate, any and all electronic data.
- Loss or damage, liability, cost or expense caused by or resulting from wear and tear.
- Any claim or expense caused by or resulting from pollution or contamination.
- Any loss, damage, liability, cost or expense caused by or resulting from rot.
- Any direct or indirect loss or damage caused as a result of the Buildings being used by the Pet Parent for illegal activities.
- Third-party for any of the following:
(a) anything owned by or the legal responsibility of the Pet Parent; or
(b) injury, death, disease or illness to the Pet Parent or family; or
(c) liability arising from any employment, trade, profession or business of the Pet Parent other than as occupier or Owner of the Home; or
(d) liability arising from the Sitter passing on any disease or virus; or
(e) liability arising from the ownership or use of any motor vehicle or other machinery, whether licensed for road use or not; or
(f) liability accepted by the Pet Parent under any agreement, unless the liability would exist without the agreement; or
(g) liability covered by any other contract.
- If a Pet Parent(s), or anyone acting for a Pet Parent(s) makes, or attempts to commit fraud, such as false or exaggerated Sitter(s) damage, we will reject the payment request form and any subsequent payment request forms. We will notify the Pet Parent if We do this.
Additionally:
(a) if We have made any payments in respect of fraudulent activities Pet Parents 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.
(c) We may also notify the relevant authorities, so that they may consider criminal proceedings.
- 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.
(c) all other terms provisions and conditions of this Plan shall have full force and effect.
Any payment we make (at our sole discretion) will take into account any recoveries that Pet Parents have obtained from any third-party.
IV. How can a Pet Parent recover costs/losses from us?
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 Pet Parents to demonstrate that they have complied with the following conditions.
1. Mediation - Pet Parents and Sitter(s) should resolve any Sitter damage under $1,000 between themselves. Pet Parents and / or Sitter(s) must contribute at least $250 towards any instance of Sitter damage (including theft).
2. Inspection - Pet Parents must inspect their Home to determine whether there is actual Sitter damage and must confirm they have incurred Sitter damage.
3. Contribution toward Accidental damage - Pet Parents must: ask the Sitter(s) whether they admit to causing any Accidental damage during the Sit, and ask for a contribution for, or towards, the damage. Any contribution to the damage will be paid to Pet Parents directly. If We have already made a payment, We will receive the contribution. If the Sitter(s) does not admit to causing the damage the onus of proof will be on the Pet Parent to demonstrate that damage occurred during the Sit.
4. Malicious damage - for all Buildings and contents which are damaged or destroyed due to Malicious damage, a violation of law or criminal act or misdemeanour and for which Pet Parents are filing a payment request form, Pet Parents must file a police report listing such Home and provide TrustedHousesitters with a copy of such report, certified by the Pet Parent as true and correct. TrustedHousesitters, or their representatives, reserve the right to contact and pursue recovery, against Sitter(s) in instances where Malicious damage and Theft have occurred.
5. Notification - Pet Parents must notify TrustedHousesitters within thirty (30) days following the date of termination of the Sit at the Home where there has been any occurrence of Sitter damage. No payment will be made for any notification after 30 days. Pet Parents can notify TrustedHousesitters by contacting Membership Services support directly.
6. Proof of Ownership
Pet Parents must provide TrustedHousesitters with proof of ownership of, or legal responsibility for, any Buildings or contents affected by Sitter damage in the form of receipts, quotes, photographs, videos, documents or other customary forms of proof (including, but not limited to, appraisal or valuation forms or notices addressed to the Pet Parent) certified by the Pet Parent as true and correct and reasonably acceptable to Us.
The payment request form states the Pet Parents knowledge and belief as to the following:
(a) the time, cause and origin of the Sitter damage, and evidence and proof of such loss in the form of receipts, photographs, videos, documents and other verifiable forms of proof.
(b) furnish a complete inventory of the lost, destroyed, damaged and undamaged property showing in detail the quantities, costs, replacement value, and amount of loss claimed.
7. Information requests
Pet Parents must provide TrustedHousesitters with all information it reasonably requests. Pet Parents must permit TrustedHousesitters or its designee(s) to make inspections of the Home at all reasonable times. However, the right to make inspections, the making of inspections, and any analysis, advice, or inspection report will not constitute an undertaking by TrustedHousesitters to determine or warrant that the damaged Home is safe. TrustedHousesitters will have no liability to Pet Parents or any other person because of any inspection or failure to inspect.
8. Cooperation
Pet Parents must cooperate with TrustedHousesitters, including signing any documents and provide timely responses 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.
9. Protect damaged property
Pet Parents must protect and preserve damaged property from further loss or damage.
V. Conditions
Acknowledgments and agreements by Pet Parents.
1. Purpose of the Plan
Pet Parents acknowledge and agree that:
(a) This Plan is offered at our sole discretion and this Plan does not constitute an offer to insure, nor 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 Pet Parents desire protection beyond this discretionary Plan (such as the insurable losses covered by a travel insurance or other policy), Pet Parents may wish to purchase third-party insurance (Pet Parents should be aware that such insurance may not always cover losses from property damage or theft caused by a Sitter(s) and should carefully check the terms of any third-party cover they obtain).
(b) 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 Pet Parents file with TrustedHousesitters, notwithstanding delivery of all information and materials that are required.
(c) For any loss, the Pet Parents must first claim against their Underlying insurance where possible. Pet Parents can only seek recourse to this Plan if their claim against their Underlying insurance is unsuccessful.
2. Pet Parents/Sitter(s) communications
Pet Parents 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
Pet Parents acknowledge and agree that TrustedHousesitters reserves the right, at any time, to offset or deduct from the amounts payable or paid by TrustedHousesitters to Pet Parents 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 Pet Parents for losses or damages.
4. Changes to this Plan
Pet Parents 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 Parent 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 (at our sole discretion) process 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 Pet Parents’ interests
Pet Parents 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 or damages in question, even if that person or entity are Pet Parents and/or Sitter(s). Further, Pet Parents hereby agree that, with respect to any payments made under this Plan by, or on behalf of, TrustedHousesitters, Pet Parents will assist in and cooperate fully with TrustedHousesitters regarding any and all efforts at subrogation.
7. Disclaimers and Limitations of Liability
If Pet Parents choose to use TrustedHousesitters, Pet Parents 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.
Pet Parents 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 Home(s) via the Platform 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 the Platform;
(c) from any communications, interactions or meetings with other users of the Platform or other persons with whom you communicate or interact as a result of your use of the Platform; or
(d) from your listing of any Home via the 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 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 this Plan, please email us.