I am now already in a +10 day discussion with Airbnb on an i...
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I am now already in a +10 day discussion with Airbnb on an issue of blocked days that are being switched to 'active' in the c...
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I'm about to offer an activity here as an Experience Host, but I'm wondering if liability should be addressed before I proceed. I see that there is information about this for other kinds of hosts, but I have found nothing about Experience Hosts.
I'll be taking people in a vehicle and they'll be doing a somewhat strenuous activity outside in a public space. Should I just make a statement about not being liable for any injuries? Do I need insurance for this? Thoughts?
You absolutley need to review this with you leagal and insurance advisors.
Hold Harmless agreemnets may or may not hold up in a court of law.
Waivers are worthless - you can't get signoff abdicating your being responsible for duty of care, and the only proof of being responsible is in a courtroom. That costs. I've been fighting for weeks to see the AirBnB insurance Product Statement (either Lloyds or Zurich) and it's being withheld - so it's doubtless qute useless.
Their track record on Host Guarantee cover is appalling, so 3rd party like Sharecover is advised. Such co's are considering indemnifying Experiences, but I can't find an offering yet.
I quickly googled Experiences and saw the wide range including learning to pilot an aircraft, there are obviously activities like learning to fly that there is a regular market solution to, there will not a product that covers anything that could be listed as an ABB experience.
Of course. My alarm bells rang when there were no validations of safety precautions by AirBnB, as would say, a bicycle trip insurer require eg professional servicing, informed consent form, daily checklists, terrain exclusions etc....
I have no idea why ABB have been reticent to provide the policy detail for the past few weeks. I contacted the broker, Marsh, and was sent it imediately... furthermore, the stupid exclusion of 'mobile equipment' that worried me is explained satisfactorily: "The transportation of "mobile equipment" by an auto .... orThe use of "mobile equipment" in, or while in practice for...racing, speed, demolition or stunting." Plus 'mobile equipment' is described by farm or industrial plant eg where the Experience is a day with a wrecking ball!!! And there's zero excess.
The need for insurance will slightly different across various states. What will not change is your need for a legal defense. If you take someone on an experience and they claim damages, regardless of your waiver, who defends you? Who pays for that defense? Are you able to participate in this defense or lead it? Does the Air policy name the host as an additional insured? Named insured? Does it pick up first dollar defense? Many claims if not most are are not won, but the cost of defense remains. How is negligence approached by this policy or the promise of coverage? Where is the policy so that is can be reviewed? I see we have to be approved to lead an experience but are we able to review if it is feasible to do so prior to submitting?