Bicycle liability

[Joe8]

I have a few bicycles I would like to make available to my guests but unfortunately, I live in the United States of Lawsuits. I see the Host Protection Insurance coverage does not cover vehicle accidents. I can't find the actual text of the program.

Making my bicycles available would significantly raise guest satisfaction. I'm scared of liability issues though. What I want is a situation where the guest assumes their own liability for use of the bicycles, or perhaps insurance coverage to protect me from liability arrising from my generosity. It would be nice if the Host Guarantee covers damage to the bicycles, but I'm willing to accept the risk of bike theft. The much greater concern is some crazy lawsuit arising from my guests biking around town, which may or may not be covered by the standard Host Protection Insurance. This concern is preventing me from offering bicycles to my guests, which is a shame because the bikes are just sitting unused while the guests have to walk past them on the way to the public transit station.

Is there a solution?

Joe in Berkeley, California

[Robin4]

@Joe8......This is a really interesting question Joe and thank you so much for bringing it up! 

When you think about it, there are a few activities outside the property that a guest could get involved in which would potentially put the host at risk....ie: Taking the hosts dog for a walk....as they would quite often like to do!

As well as my general household insurance, I have host protection insurance cover with a company in this country (Australia) called Sharecover! This cover is designed specifically to suit the Airbnb platform.

In light of your question Joe I have sent a request for specific information from Sharecover as to their interpretation of this scenario.

While waiting for their response, on reading their brief explanations FAQs it would appear that they only cover 'items/events' at the property the policy document relates to!

But I will post something more specific on this thread when I receive it.....Thanks Joe, I wish we could get a few more well thought out questions instead the same mundane ones we get....Cheers.....Rob

[Gerry-And-Rashid0]

If providing bikes is giving you that much worry and concern then dont - hosting should be easy and a pleasure not a constant worry

[Robin4]

@Joe8 @Gerry-And-Rashid0 Hi there Joe....further to a respose post I did yesterday. I am assuming that sharecover type insurance in America will be similar to that offered in Australia....in fact it would in all probability be more restrictive owing the the litigeous nature of American society!

Further to my post yesterday I have had a response from my sharecover insurer and they confirm what I have already said in my last post.

Activities that a guest would be involved in are only covered on the insured property.....No cover exists beyond the extremities of the insured space. So there you go, lock the bikes away Joe, it looks like you will leave yourself open to risk if you let guests use them!

I am now going to remove that sentence relating to bicycles from my description page and I thank you once again for bringing that point up.

As a further point Joe, guests who injure themselves through their own neglegence on you property will also not be covered by liability insurance. To put that in its most ridiculous perspective, If a guest is on your balcony and the balcony collapses through no intervention on the guests part, injuring the guest they would be covered....If they climbed the railing and jumped off the balcony and injured themselves, they would not be covered. I guess where the grey are comes in, if a guest slips over on your bathroom tiles, to what extent was the guest responsible....was he just simply drying himself in a normally consistent manner, or was he trying to leap into a bath full of water!!

Insurance is full of grey areas Joe but, thanks to you my guests won't get to park their butt on my bikes!!!! Cheers....Rob

[Tyler4]

Joe, I myself am faced with the same issue. I've come up with a few solutions to the problem.

To start, I've purchased an additional umbrella insurance policy in the case of any legal matters regarding guests.

Second, I offer bikes and a kayak as a value add to the listing. I require any guest who chooses to use the bikes/kayak to complete an electronic relesae of libility contract via DocuSign. My insurnace agents feels this is more than adequate and should indemnfiy us in the case of any legal issues.

The third option, would be to refer hosts to something like, Spinster - https://www.spinlister.com, an online p2p bike rental service where you can list your bikes for rental. This offers liability protection and an additional revenue steam. 

Hope this helps!

[Kim24]

Thank you Tyler! That was an awesome bit of advice info that helped me add value to my airbnb listing. 

Kim

[Johanna55]

@Kim24 I just see your listing in spinlister. Nobody didnt request the bike? I am so far away and I like it so much. If I will be there for sure I would book it !!! 😞 By the way, I did the same as you and put it in my airbnb listing and write it on the picture. 🙂

Best regards, Johanna

[Gerry-And-Rashid0]

Good idea - be aware of course that you are still responsible and your insurance is unlikely to cover any claim if you are negligent in your maintenance of the bikes for example. So while it may protect against accidents, if you give them a bike with faulty brakes it becomes your responsiblity (even though legal fees might be covered, it would be very unusual in these circumstances for insurance to pay out on a claim - check the policy carefully)

[Jennifer64]

@Tyler4 Do you send the DocuSign via personal email?  There is no attachments allowed to be uploaded in the messages. I was thinking of having the guest sign a waiver when they check in.

[Donna15]

@Tyler4, I just want to offer a word of caution.

I've read elsewhere on this forum that a waiver might not stand in a court of law in the event of a serious accident involving equipment owned & offered by the host (e.g. bikes, canoes, kayaks, etc.). I would suggest you check this out. 

You might also be able to pull up some related threads by going to the 'Search the community' box at the top of the page. 

[Tyler4]

@Donna The contract participants execute has been meticulously constructed in a fashion in which it would be very hard for legal action to be brought against myself. I'm fortunate enough to have several friends who are contract lawyers that helped draft the document. I've also purchased an additional insurance policy that protects myself, business and assets against a possible suit. There are always edge cases where things will not go as planned and this is not a risk free solution. The only way you can mitigate all risk is not offer additional services and/or hosting your property on Airbnb. 

[Andreas47]

 Do you have a copy of the Bicycle contract to share?

[City-Limits-Ranch0]

Find a local bike shop that does bicycle rentals.  Give them  the bicycles with the agreement that you will keep the bicycles at your house.  Rent the bicycles to the guests and have them sign the bike shop's waiver.  Give the money to the bike shop.  Ask the bike shop to maintain the bicycles and provide the helmets, insurance and be the owner of the bicycles in return for the income.  You will not get financial compensation but your bicycles will be maintained and your liability removed.

[Tyler4]

I usually send them a link via SMS that they can sign via their smart phone. I also have copies of the contract in the room that they can sign if they're unable to do so electronically. 

I just want to note that even though this helps mitigate risk, it is not a fullproof solution. Unfortunately, being in California a lawsuit can be brought and heard regardless of the contractual obligations, insurance can help reduce the potential costs and headache.

[Jennifer64]

Much appreciated!