Last updated: 30 March 2021
Occupyd Guarantee (“Space Owner Protection Guarantee”) Terms and Conditions
Please read these Space Owner Protection Guarantee Terms and Conditions carefully as they contain important information about your legal rights, remedies and obligations. By posting a Listing or otherwise using Occupyd’s website as a Space Owner, you agree to comply with and be bound by these Space Owner Protection Guarantee Terms and Conditions
- Definitions and Interpretation
1.1 In these Space Owner Protection Guarantee Terms and Conditions the following definitions apply:
Covered Items means the following property located at a Covered Space to the extent of your interest in such property, unless such property is an Excluded Item:
(a) personal property that is:
(i) owned by you; or
(ii) not owned by you, but is in your custody and for which you are under obligation to keep the personal property insured for physical loss or damage.
Covered Losses means direct physical loss or physical damage to a Space Owner’s Covered Items caused by the Liable Space Seeker or a Guest of the Liable Space Seeker during a booking. Covered Losses do not include any losses or damage described under Excluded Losses below.
Covered Space means a space that can be used as a commercial premises that is:
(a) owned or legally controlled by you as the Space Owner during the period of the Liable Space Seeker’s use of such space; and
Excluded Items means any of the following:
(a) Currency, money, precious metal in any form, notes, bonds or securities;
(b) Any damage to any building related to a Covered Space, including but not limited to fire damage and water damage;
(c) Any machinery or equipment within the Covered Space related to the commercial nature of the Covered Space including but not limited to ovens, refrigerators, backwash units, styling units, photocopiers etc.
(d) Land, water or any other substance in or on land;
(e) Animals, including, but not limited to, livestock and pets;
(f) Standing timber; growing crops;
(g) Watercraft (including, but not limited to, boats, yachts, jet skis, and similar craft), aircraft, spacecraft, and satellites;
(h) Vehicles (including, but not limited to, automobiles, scooters, vespas, and motorcycles);
(i) Property in transit;
(j) Any damage to any property that is not in, at, or on a Covered Space;
(k) Any damage or deterioration of property which is the result of Ordinary Wear and Tear;
(l) Property owned by a party other than you and that you do not control;
(m) Weapons, including but not limited to standard firearms, air guns, self-defense or deterrent devices such as tasers or pepper spray, ammunition of any kind and imitation firearms; or
(n) Security cameras and other recording devices.
Excluded Losses has the meaning given to it in section 2 below
Guest means a person invited to be present at a Covered Space by the Liable Space Seeker.
Liable Space Seeker means the Space Seeker who booked your Covered Space for the period during which you incurred the Covered Losses.
Limit means one thousand pounds sterling (£1,000).
Ordinary Wear and Tear means the deterioration in condition of property that occurs under normal use and conditions.
Real Cash Value means the amount it would cost to repair or replace damaged or destroyed Covered Items as a result of a Covered Loss, measured on the date of occurrence of such Covered Loss, with material of like kind and quality, with proper deduction for obsolescence and physical depreciation.
Works of Art means paintings, sketchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewellery, bric-a-brac, porcelains and similar property of rarity, historical value, or artistic merit.
1.3 A reference to a party means either you or Occupyd and includes that party’s personal representatives, successors and permitted assigns.
1.4 Words in the singular include the plural and vice versa
2. Limitations and Exclusions
2.1 The Space Owner Protection Guarantee Terms and Conditions pays Covered Losses only and does not pay for any of the following (Excluded Losses):
(a) any losses caused by the Liable Space Seeker or Guest after the expiration of the booking period shown in the applicable Listing;
(b) losses or damages for Covered Items, which arise out of any one booking of a Covered Space by a Liable Space Seeker in excess of the Limit;
(c) losses or damages arising from any insurance claims made on public liability insurance policies;
(d) in the case of Works of Art, losses or damages of the Works of Artcannot be replaced with other of like kind and quality and any loss or damage from any repairing, restoration or retouching process; or
(e) any losses, damages, cost or expense of whatsoever nature, directly or indirectly, caused by, relating to or resulting from any of the following:
(i) acts of nature, including, but not limited to, earthquakes and weather related events such as hurricanes and tornadoes or any other sequence of events beyond a party’s reasonable control which could not have been reasonably anticipated or avoided;
(ii) excessive use of electricity, gas, fuel, water or other utilities provided for the Covered Space;
(iii) indirect or remote causes;
(iv) interruption of business, loss of market and/or loss of use of the Space and loss of earnings;
(v) loss, damage, or deterioration arising from any delay; or
(vi) disappearance, loss, or shortage disclosed on taking inventory, or any unexplained loss of inventory.
3. Conditions to the Space Owner Protection Guarantee
3.1 To be eligible to obtain payment under the Space Owner Protection Guarantee, you must comply with each of the following conditions. Failure to fully comply will prevent recovery of any Covered Losses.
3.2 In respect of Covered Losses incurred, you must:
(a) have taken a photo of the Covered Space and all items within the Covered Space no more than 24 hours before the booking commences;
(b) ensure that all items within the Covered Space are referenced in the Listing (any items which are not referenced in the Listing will not be covered by the Space Owner Protection Guarantee);
(c) inspect the applicable Covered Space to determine whether there are any physical losses or damages to any Covered Items and notify both Occupyd and the Liable Space Seeker within 24 hours of the last day of the booking and attempt to resolve the loss or damage with the Liable Space Seeker within 14 days of the last day of the booking;
(d) file a police report in respect of such Covered Items which are damaged or destroyed due to a violation of law, criminal act or theft and for which you are making a claim under the Space Owner Protection Guarantee, a copy of the police report must be provided to Occupyd;
(e) provide Occupyd with proof of ownership of, or legal responsibility for, the Covered Items in the form of receipts, photographs, videos, documents or other customary forms of proof which are acceptable to Occupyd (acting reasonably);
(f) when requested, you must:
(i) provide details of the time, cause and origin of the Covered Loss, and evidence and proof of such loss in the form of receipts, photographs, videos, documents and other verifiable forms of proof;
(ii) prove the ownership, leasehold or other interest of you and all other parties in the Covered Items for which Covered Loss is claimed;
(iii) detail the Real Cash Value and replacement value of each item of the Covered Items as well as the amount of such loss or damage to each item of such Covered Items; and
(iv) advise of the identity of and other information known about the Liable Space Seeker, any Guest and any other party present at or using the Covered Space where the Covered Items are located for which the Covered Loss is claimed on the date of the Covered Loss, and the purpose for which such Covered Space was being used by such parties on such date and whether or not it then stood on leased ground;
(v) advise of the date when you contacted the Liable Space Seeker to request payment for the loss you are claiming, and the date on which the Liable Space Seeker declined or failed to pay for the loss.
(g) provide all information Occupyd reasonably requests in order to determine the Real Cash Value with respect to Covered Items, including: the original purchase price of such Covered Items, the date such Covered Items was acquired, the condition of such Covered Items and the estimated cost of repair or replacement of such Covered Items;
(h) permit Occupyd or its representatives to make inspections of Covered Items at all reasonable times; and
(i) cooperate with Occupyd and respond to any reasonable requests for additional information or documentation that Occupyd or its representatives may request.
3.3 To be eligible to make a claim under the Space Owner Protection Guarantee, you must not have:
(a) been convicted of, or charged with, any offence other than motoring offences in the past 5 years;
(b) been subject to a County Court Judgment, a debt relief order, an individual voluntary arrangement or bankruptcy proceedings within the past 5 years;
(c) had any insurance policy cancelled, refused or declined or had any special terms imposed; or
(d) made more than two insurance claims with the past 5 years
Occupyd reserves the right to request proof of each of the conditions outlined in clause 3.3 and shall be entitled to decline any claims made under the Space Owner Protection Guarantee for failure to demonstrate compliance with these conditions.
4. Payments under the Space Owner Protection Guarantee
4.1 Occupyd will complete its processing of any claims under the Space Owner Protection Guarantee within a reasonable period where Occupyd are notified of the Covered Loss within 24 hours of the end of the booking and are provided with all information and materials required.
4.2 If you have filed a claim under the Space Owner Protection Guarantee, and such a payment request is approved in whole or in part for a Covered Loss, you will be paid the amount of the Covered Loss as calculated by Occupyd or its representatives. The process for such calculation of Covered Losses is described under “Calculation of the Covered Loss” below.
Calculation of the Covered Loss
4.3 The amount of Covered Losses will be calculated as of the date of loss, at the location of the loss subject to the following:
(a) On exposed films, records, manuscripts, drawings, and electronic media, the value blank plus the cost of copying information from back-up or from originals of a previous generation. Costs of research, engineering, or restoring or recreating lost information or electronic data will not be paid.
(b) In relation to Works of Art, the lesser of:
(i) the reasonable and necessary cost to repair or restoration of such property to the physical condition that existed on the date of loss;
(ii) the cost to replace the article; and
(iii) the current appraised value.
(c) For all Covered Items (other than that described above), the loss amount will be the lesser of:
(i) the Real Cash Value; or
(ii) the cost to repair such damaged Covered Items.
(d) Any amount of any Covered Losses payable under the Space Owner Protection Guarantee will be reduced by the amount already paid to you or for your benefit by the Liable Space Seeker, Guest or other source (such as an insurer or other responsible party) for the same Covered Loss.
(e) Covered Losses will be paid in Pounds Sterling.
5. Space Owner Obligations
5.1 You acknowledge and agree that:
(a) the Space Owner Protection Guarantee is a guarantee to you and is dependent upon you pursuing any rights and remedies you may have to recover amounts paid by Occupyd to you with respect to a request to be reimbursed from the Liable Space Seeker or Guest or from any other party that is responsible for the Covered Losses incurred;
(b) these Space Owner Protection Guarantee is not an offer to insure and does not constitute insurance or an insurance contract;
(c) the benefits provided under the Space Owner Protection Guarantee are solely as set out in these Space Owner Protection Guarantee Terms and Conditions and are not assignable or transferable by you;
(d) Occupyd reserves the right to independently investigate (or to have independently investigated) at our sole discretion and expense, the facts and circumstances of any request for payment by a Space Owner under these Space Owner Protection Guarantee Terms and Conditions; and
(e) if you make a claim under the Space Owner Protection Guarantee, you give Occupyd consent to review all communications between you and the Liable Space Seeker.
5.2 Occupyd reserves the right, at any time, to offset or deduct from the amounts payable or paid by Occupyd to you under these Space Owner Protection Guarantee Terms and Conditions, any amounts that it may have in its possession, or to subsequently collect, from any other person or entity who is obligated to compensate you for losses or damages.
5.3 You acknowledge and agree that Occupyd has the right, at its sole discretion, to deny full or partial payment under these Space Owner Protection Guarantee Terms and Conditions.
6. Changes to the Space Owner Protection Guarantee Terms and Conditions
6.1 Occupyd reserves the right to modify or terminate these Space Owner Protection Guarantee Terms and Conditions at any time at its sole discretion.
6.2 If Occupyd terminates these Space Owner Protection Guarantee Terms and Conditions, Occupyd will continue to process all Space Owner Protection Guarantee claims filed prior to the effective date of termination.
6.3 If Occupyd modifies these Space Owner Protection Guarantee Terms and Conditions, we will post the modification on our website at www.occupyd.com/guarantee.
7. Limitations of Liability
7.1 If you opt to use the Occupyd website to advertise your Space, you do so at your own risk. The Space Owner Protection Guarantee is provided “as is” without any express or implied warranty.
7.2 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Occupyd website, and your listing of any Space via Occupyd’s website remains with you.
7.3 Occupyd will not be liable for any incidental, special, indirect or consequential loss, including lost profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or corruption of software, data or information, loss of or damage to goodwill loss of data or loss of goodwill arising out of or in connection with these Space Owner Protection Guarantee Terms and Conditions whether based on warranty, contract, delict (including negligence) or product liability.
7.4 All other liability of Occupyd to you is excluded to the fullest extent permitted by law.
8.1 You agree to indemnify Occupyd against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnitybasis) and all other professional costs and expenses) suffered or incurred by Occupyd arising out of or in connection with these Space Owner Protection Guarantee Terms and Conditions.
9. Entire Agreement
9.1 The parties agree that these Space Owner Protection Guarantee Terms and Conditions constitute the entire agreement between them and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral in respect of its subject matter.
9.2 Each party acknowledges that it has not entered into the Space Owner Protection Guarantee Terms and Conditions in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in the Space Owner Protection Guarantee Terms and Conditions. No party shall have any claim for innocent or negligent misrepresentation on the basis of any statement in the Space Owner Protection Guarantee Terms and Conditions.
9.3 Nothing in these Space Owner Protection Guarantee Terms and Conditions purports to limit or exclude any liability for fraud.
10.1 You may not assign, subcontract or encumber any right or obligation under these Space Owner Protection Guarantee Terms and Conditions, in whole or in part, without Occupyd’s prior written consent which it may withhold or delay at its absolute discretion.
10.2 Occupyd may assign or transfer these Space Owner Protection Guarantee Terms and Conditions at its sole discretion, without restriction.
10.3 These Space Owner Protection Guarantee Terms and Conditions will bind and inure to the benefit of the parties, their successors and permitted assigns and you acknowledge and agree that any act or omission of your assignees in relation to your rights or obligations under these Space Owner Protection Guarantee Terms and Conditions shall be deemed to be an act or omission of you.
Unless specified otherwise, any notices or other communications to you permitted or required under these Space Owner Protection Guarantee Terms and Conditions will be in writing and given by Occupyd (via email).
12.1 If any provision of these Space Owner Protection Guarantee Terms and Conditions (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of the Space Owner Protection Guarantee Terms and Conditions shall not be affected.
12.2 If any provision of the Space Owner Protection Guarantee Terms and Conditions (or part of any provision) is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of it was deleted or modified, the provision or part-provision in question shall apply with the minimum such deletions or modifications as may be necessary to make the provision legal, valid and enforceable. In the event of such deletion or modification, the parties shall negotiate in good faith in order to agree the terms of a mutually acceptable alternative provision.
13.1 No failure, delay or omission by the Occupyd in exercising any right, power or remedy provided by law or under the Space Owner Protection Guarantee Terms and Conditions shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right, power or remedy.
13.2 No single or partial exercise of any right, power or remedy provided by law or under the Space Owner Protection Guarantee Terms and Conditions by Occupyd shall prevent any future exercise of it or the exercise of any other right, power or remedy by Occupyd.
14. Governing Law
These Space Owner Protection Guarantee Terms and Conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or their subject matter or formation shall be governed by, and construed in accordance with Scots law.
You irrevocably agree that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Space Owner Protection Guarantee Terms and Conditions or their subject matter or formation.
16. Contacting Occupyd
If you have any questions about these Space Owner Protection Guarantee Terms and Conditions, please email us at email@example.com.