Thanks for sharing. I suppose that I will get the same response. It is a little disconcerting that they will not show us the policy. I don’t know that that policy of not disclosing the policy is a wise one as I would think that any ambiguities in the summary would be construed for the Host and against the insurer.
Earlier you wrote that you weren’t so sure that the concept of ‘registered guest’ was central even though Airbnb’s customer service did write that there’s no lability protection from someone who is not a registered guest. [For that reason my rules state that only a registered guest can enter anywhere on the property, inside or out, no matter for how long, even if not overnight.]
In response to my request for ‘best practices’ or suggestions on house rules, the Proper agent wrote: " This question would be best answered by a lawyer. However, in my opinion, the house rules should thoroughly state anything that you do not want your guest to do. So if you don’t want an unregistered guest in the home, I would certainly put that as a house rule." So that was not especially helpful.
It seems to me that my legal/rule strategy to decrease liability is: 1) eliminate the number of guests above occupancy limit even if not overnight and limit to registered guests because it’s common sense that the more people entering the property the more people who can sue, plus now Airbnb has written me that they provide no liability protection for non-registered guests, and 2) throw up roadblocks to a lawsuit by a non-registered guest or even a registered guest. While these roadblocks might not withstand a lawsuit, for every roadblock there is some non-zero chance that they work. So these can include barriers like agreeing not to sue, indemnifying Host for any lawsuit by anyone entering the property, accepting the property ‘as is,’ no warranties, etc.
Of course, the non-legal strategy is to avoid anything that can result in injuries, so making sure that property confirms to code, adequate railings, appropriate warnings, trying to demonstrate to a would-be juror or judge that the Host has done everything reasonable to prevent injuries, creating (more than) adequate signage, House rules and warnings in such. Of course we have first aid kits, fire extinguishers, fire, co2 detectors tested with each rental, locked gates with automatic door closers, that kind of thing. Our Proper insurer requested additional signage, like (we have a pool) “Swim at Your Own Risk” and “No Lifeguard on Duty”) the latter seemed silly but we’re doing.
What do you think about what I have written? Assuming we don’t get policy language, where do you think I should go from here? Do you think I’m right to insist on only registered guests entering the property?