Liability Clause in Listing

[Traci1]

Just curious, does anyone use this language in their listing and is it necessary or helpful?

"All Guests agree to indemnify and hold the Property Owners harmless from any liability for personal injury or property damage sustained by Guest or individuals invited onto the property by Guest."

[Alyce0]

I am a new host and would like to add this as well. Any suggestions

[David126]

Sounds fairly meaningless and I  would have thought would stop many people from booking.

[Clare0]

@Traci1 I agree with @David126.  Any legal agreement is only as good as your ability to enforce it.    And what would be the purpose of having it in your listing?  As a guest I would be very uncomfortable agreeing to this.  You should have private insurance to protect you from liability claims from guests.  This legalese is no substitute for having proper insurance. 

[Gerry-And-Rashid0]

It's meaningless in legal terms to include something like this - the terms and conditions of the booking over-ride any additional (or conflicting or vague additional terminology you include). Vague statements are never upheld in court - you are already protected from personal liability claims unless you are negligent with maintenance of your property for example (eg exposed wiring leading to electrocution). 

[Paul0]

As indicated by everyone, look to get the right insurance for coverage!  Airbnb does provide Host Protection Insurance but to my mind, you should have more coverage ($1M isn't enough in a dire situation) as a responsible Host.

Cheers,

Paul

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[Ed-and-Hugh0]

We have something similar, but not sure how well it can be enforced.

"Host is not responsible for loss, theft, damage, injury or cancellation fees. Airbnb recommends that all guests purchase traveler's insurance. Please contact your traveler's insurance underwriter for reimbursement of cancellation fees or other losses."

[Cassandra44]

My insurance broker said that there is no insurance company in NY that has liability insurance for short term rentals. If rental is over 30 days, then there is insurance to cover.  And airbnb insurance only covers property, not personal liability.  I'm thinking of having guests sign indemnity clause.

[David126]

Obviously that is not the case, many many Hotels in NY and I am sure that most of them have Insurance.

[Jeff158]

We are all in business providing accommodation and should have public liability insurance, cost in the UK is under £100

[Joe283]

I'm adding somthing similar to my listing because its a reminder for guests to act responsibly, so if they do decide to take it "further" its probably for good reason. I'd rather say something than nothing. What can it hurt?

[Gray0]

There needs to be a distinction made between having liabililty insurance for full occupancy short term rentals, and home sharing with owner occupancy using guest bedrooms. In the first case, the insurance is available without exclusions. In the second case, I have not found ANY insurance company that will insure shared occupancy. I do have a DP3 landlord policy with Security First, and my agent says that yes I am covered for home sharing. BUT the fine print exclusions state otherwise, and I am NOT insured for short term rental home sharing liabilities. 

If any of you home sharing hosts have found this kind of policy please let us know who sells it!

This year I am also listing my home sharing rental on Tripadvisor. As a matter of fact, Tripadvisor uses a mandatory booking contract with Vacation Rentals that has a nice paragraph for Indemnity Clause. Tripadvisor also allows a host to write their own custom booking contract, and I inserted a bigger indemnity clause. 

As a matter of fact I just lost my first Tripadvisor booking.  Guest wanted to bring 6 and 10 year old grandchildren to visit and use the swimming pool. The parents would not be signing the booking contract. That is what I consider a worst case scenario liability.  When I advised the guest of the booking contract indemnity clause, she canceled. I am relieved.