Wow! What a wonderful review by Ziv.
It is the rare guest who takes so much time and care to write so specifically, though it was a 3.5 month stay. Your hospitality inspired her and you obviously attracted a kind and well-spoken guest.
Nice!
Sounds like the response from a lawyer, or an accountant…
JF
I saw a host post this in the rules- this may help from claims? Homeowner is not responsible for any accidents, injuries or illness that occurs while on the premises of this property or its facilities. The homeowners are not responsible for the loss of personal belongings or valuables of the guests. By accepting this reservation, it is agreed that guests are expressly assuming the risk of any harm arising from their use of the premises or others whom they may invite.
By agreeing to the house rules guest agrees that violation of the house rules can result in immediate eviction from the property and the guest will not be entitled to a partial or full refund and will be financially responsible for any damages regardless of the length of stay.
I cannot believe that this is enforceable, but there might be practicing attorneys who know more.
I’ve seen this and I tend to think it is enforceable unless due to some kind of negligence of owner. Say, for example, luggage was on the floor but the gardener had left a hose running that caused water to tun into house and damage luggage and contents. I’d think that owner responsible.
Let others chime in, but I would not think enforceable.
I’ve seen this and would think it enforceable except for last part:
If the rental period exceeds the time for which tenancy laws kick in, I would think they take precedence. Let’s see what others say.
The bottom line is that while you can limit your financial responsibility in some instances, in others you cannot. So, for example, suppose you failed to have railings along stairs, inside or out, I don’t think a statement like this would protect you.
Also consider the fact that even if you ultimately prevail in court you’d need to pay legal expenses along the way. That’s why you need a good commercial insurance policy.
Think about it. If a Host could have an unsafe home but escape liability by making a statement in its listing, then many Hosts wouldn’t be incentivized to make their home safe. And who should bear the burden of an unsafe home? The profit-making Host? Or the innocent guest?
The real kicker is as stated below that if litigation happens the uninsured Host will bear all the legal expenses even if they win the suit.
I also understand that there is, at the least a question of whether even a proper and otherwise enforceable provision in the listing would be enforceable without a signed agreement. That’s why some of the Hosts insist on signed agreements.
So, bottom line is to
- Make home conform to building codes.
- Look to eliminate trip hazards as these are probably the most common claims.
- Engage in safe practices in maintaining the home (e.g., procedures to shovel snow, security access to home, having appropriate measures related to fire and CO, testing smoke detectors monthly, having fire extinguishers in place and tested appropriately, signage and procedures around pools and hot tubs, other signage (private or dangerous areas), appropriate lighting and electrical practices (e.g., extension cords intended function is temporary), etc.).
- Control the STR with appropriate video cameras,
- Seek to limit liability with provisions and disclosures in listing as the agreement,
- Create clear House rules (e.g., around unattended kitchen cooking, combustibles near burners),
- Ideally, get a signed agreement (but that’s ideal). AND
- Get a good commercial insurance policy.
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Thanks… Glad you mentioned the guard rails as my 2 steps dont’ have
them on either side of my porch and now I guess I am forced to put
some.
Will the insurer be able to say this specifically?
thx
Yes, I think the insurer will know IF you show them pictures of it.
In MA, or at least Worcester county, the code is for rails if you have three or more steps. So you might be OK. It depends on your area’s building code. I have one area of the back yard with just two steps and I elected to put a railing in anyway.
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Think also about lighting.
I bought these motion-sensitive solar-powered lights by my steps. They work very well and all through the night.
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I haven’t experienced this. I would like to take a more scientific look at where people are from and their ratings. I live in a state that is VERY protective of consumers and heavily regulated. I am always a little surprised when I travel to places where conditions are less than ideal in terms of things like safety, but people don’t seem to think it is a big deal. On the flip side guests from other states and countries are sometimes shocked at our attention to little amenities or safety measures. So much has to do with guest expectations. Perhaps the under-promise and over-deliver adage has some merit.
No claims on Proper. One rep told me premiums were up because of the losses the company took on west coast wildfires.
I got an Auto-Owners homeowners policy a couple years ago. Perhaps things have changed, but I found the market to be idiosyncratic and variable by geo area. For example, Erie Insurance would do STR riders in some states but not in my state.
Ziv is a he—he was a young student from Princeton.
While many hosts are reluctant to host young people, so many of them are just wonderful.
I don’t remember if it was in this forum or another that a young newbie guest was having trouble getting a booking accepted, some hosts gave him some suggestions (fill out profile info, send a message along with the request saying xxxx). He then got accepted and posted again asking what would be an appropriate gift to get for the host to show his appreciation for being trusted.
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I am in Canada. I get special insurance on my home because it is also a homeshare. I pay about twice as much as regular home owners insurance.
There are limits as to who can be here, and how many. But I don’t think it’s unreasonable.
I do a lot of long term. More stability for me. In the early days, I had a guest who sat in the living room all day and commented on everything I did. A light bulb change was a ten minute conversation.
TV’s (electronic babysitters) went in every room. I insisted that the guest had an outside job, and not moping around the house all day expecting entertainment. Worked like a charm.
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I don’t think it’s unreasonable. It’s a necessary business expense.
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