Host Insurance Terms and Conditions
The following provisions apply for all bookings of accommodation advertised on the Internet portal http://www.flatclub.com (hereinafter referred to as “FlatClub”) and handled via flatclub.com. In order to take full advantage of the FlatClub Host Insurance, you need to opt-in.
The guarantee services of FlatClub are described conclusively in the following points 1- 15.
1.1 Based on an insurance contract for rental property damage cover concluded between FlatClub (hereinafter referred to as “guarantor”) and Lloyds of London (hereinafter referred to as “insurer”), the guarantor grants, subordinate to the tenant’s own private third-party liability insurance, a guarantee for damage to rental property pursuant to the following conditions and within the boundaries of the valid insurance contract.
2.1 Warrantees are only those persons who are listed by name as “tenant” and “landlord” in a booking confirmation generated via the portal FlatClub (hereinafter referred to as “warrantees”).
3 Geographical scope of validity of the guarantee cover
The FlatClub guarantee applies to all properties rented out via FlatClub globally except for the United States and North America.
4 Temporal scope of validity of the guarantee cover
The guarantee cover granted under this contract applies during the rental period listed in the booking confirmation generated via FlatClub, whereby the cover starts at the earliest when the tenant moves into the accommodation booked and ends at the latest when he or she moves out.
5 Personal scope of validity of the guarantee cover
The FlatClub guarantee only covers those damaging events that are caused by the tenant himself/herself.
6 Material scope of validity / inventory list
6.1 The guarantee covers the statutory third-party liability of the tenant arising from damage to buildings, residential facilities and other rooms rented for private purposes in buildings and booked via FlatClub, plus the respective rented home contents that are listed in the inventory list pursuant to Clause 6.3 (damage to rental property).
6.2 The guarantee covers only damage to the accommodation referred to in the respective booking confirmation.
6.3 Inventory items are only covered by the guarantee if the landlord has provided a complete list of the inventory contained in the respective accommodation before the start of the rental period defined in the booking confirmation and if these items were included on the aforementioned inventory list. Subsequent additions will not be taken into account.
7 Exclusions and restrictions
7.1 Compensation for the following is excluded:
a) Damage to items that were not included in the inventory list pursuant to Clause
3 of these General Conditions of Guarantee
b) Third-party liability claims due to:
ba) Attrition, wear and tear, and excessive use;
bb) Damage to heating, machine, boiler and hot water heating systems and to electrical and gas appliances;
bc) Glass damage if the insured person can insure himself/herself against this specifically;
bd) Damage as the result of mould forming;
c) The claims for recourse that fall under the waiver of recourse pursuant to the agreement of the fire insurers in the event of overarching damaging events
d) Damage in connection with the loss of items
e) Damage to rooms/content rented for commercial purposes
f) Reciprocal claims between the tenants and the insured person
7.2 Irrespective of the number of damaging events and the number of guests during the term of a guarantee contract, the maximum sum per booking and stay reimbursed by the guarantor according to these conditions of guarantee is limited to an amount of £500,000 with an excess of £500.
8 Obligations after the damaging event has occurred
8.1 Both the tenant and landlord are obligated
a) to avoid anything that could result in unnecessary costs (obligation of damage mitigation);
b) at the request of FlatClub to provide all information within 3 days that is necessary to determine the damage claim or the insurer’s obligation to pay and the scope thereof, to provide all expedient information truthfully and to submit all the necessary original documents (e.g. receipts of purchase) and other suitable documents.
8.2 In addition, the landlord is obligated to notify the damage in writing to FlatClub 20 Ropemaker Street EC2Y 9AR London, United Kingdom within 3 days after the check-out, whereby a notification by e-mail (email@example.com) or telephone +44 020 7043 0909 is sufficient to comply with this deadline. As soon as a form is provided by FlatClub, this is to be used for reporting any damage.
8.3 If there is a wilful breach of one of the aforementioned or the respective additional obligations, the insurer – and thus also the guarantor – is released from its obligation to pay. In the event of a grossly negligent breach of the obligation, the insurer is entitled to reduce its payment proportionately to the severity of the warrantee’s culpability. The insurer remains obligated to pay out if the breach has had no influence on the determination or the scope of the guarantors obligation to pay unless the warrantee has acted in a fraudulent manner.
9 Payment of compensation and entitlement to claim
9.1 If the grounds and amount of the landlord’s claim for compensation against the tenant are recognised by the insurer, the guarantee payments will be paid out by the insurer to the landlord directly.
10 Obligations and consequences of breaches of obligations in the event of claims against third parties
10.1 If the warrantees have claims for compensation against third parties, they have an obligation to assign these claims in writing to the insurer up to the amount in which compensation for costs is paid by the insurer.
10.2 The warrantee must protect his or her claim for compensation or a right used to secure this claim, taking into account the valid regulations with regard to form and deadline, and collaborate as necessary in its enforcement by the guarantor.
10.3 If a warrantee wilfully breaches the obligations named in paragraphs 1 and 2, the insurer is not obligated to pay if it consequently cannot gain compensation from the third party. In the event of a grossly negligent breach of the obligation, the insurer is entitled to reduce its payments proportionate to the severity of the culpability. These disadvantages also have an impact on the relationship to the guarantor to the detriment of the warrantee.
10.4 If a warrantee has a claim without legal basis to repayment of remuneration paid against the provider of services for which the insurer has provided restitution payments based on the contract with the guarantor, paragraphs 1 to 3 are to be applied accordingly.
11 Special grounds for forfeiture, limitation
11.1 The insurer and consequently also the guarantor are freed from the obligation of
compensation if the guarantor (tenant or landlord)
a) has caused the warranty claim wilfully or due to gross negligence, or
b) wilfully attempts to deceive the guarantor or the insurer about circumstances that are of importance for the grounds for and amount of the payment.
11.2 The guarantee claim becomes time-barred after three years. The limitation commences with the end of the year in which the landlord’s claim against the tenant has been created and was known or had to be known to the landlord. If a claim has been reported to the guarantor, the limitation is blocked until the insurer’s decision has been received by the reporting party.
12 Subordination of the guarantee (“subsidiarity”)
IF COMPENSATION CAN BE CLAIMED FROM OTHER GUARANTEE OR INSURANCE CONTRACTS BY THE WARRANTEE IN THE CASE OF A GUARANTEE CLAIM, THESE PAYMENT OBLIGATIONS HAVE PRECEDENCE. THIS ALSO APPLIES IF A SUBORDINATE LIABILITY IS ALSO AGREED IN ONE OF THESE CONTRACTUAL RELATIONSHIPS.
13 Claims against third parties
13.1 Claims for compensation against third parties will be transferred to the insurer in the statutory scope up to the amount of the payment made.
13.2 If necessary, the warrantee is obligated to assign to the insurer claims for compensation in this scope.
14 Place of jurisdiction/Applicable law
If permissible by law, the place of jurisdiction for both parties is London, England.
In order to take full advantage of the FlatClub Host Insurance you need to opt-in. With every confirmed booking you receive an email with a link to opt-in. By clicking on it, you agree to these terms and conditions and your flat is insured for the duration of your guest's stay, pending final approval.