Swimply Protection Guarantee

This article addresses the following:

Host Protection Guarantee
Property Damage Protection

Swimply put, our Swimply Protection Guarantee is our commitment to our Hosts and Guests to make things right in the event that something goes wrong during a Swimply reservation. We want to provide Hosts and Guests with the peace of mind that they will be taken care of in the rare event of a guest injury or property damage. 

At this time, our Swimply Protection Guarantee is offered to bookings that take place in the US, Canada, and Australia.

Three programs help protect both hosts and guests:

1. US and Canadian Host Protection Guarantee - Hosts are protected in the unfortunate event that a Guest is injured during a Swimply reservation and a claim or lawsuit is made against a Host for bodily injury. The program provides protection up to $2,000,000 USD/CAD
   
   
2. Australian Host Protection Guarantee – Hosts are protected in the unfortunate event that a Guest is injured during a Swimply reservation and a claim or lawsuit is made against a Host for bodily injury. The program provides protection up to $2,000,000 AUD.                                                                                                            

3. Property Damage Protection - Hosts are eligible for up to $10,000 if a Host’s pool or property is damaged during a Swimply reservation and the Guest is unwilling or unable to pay for the damages.

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US and Canadian Host Protection Guarantee and Australian Host Protection Guarantee

US and Canadian Host Protection Guarantee:

US and Canadian hosts are eligible for up to $2,000,000 usd/cad of applicable protection* when a guest is injured during a Swimply reservation. The program provides protection in the unfortunate event that a Guest files a lawsuit or claim against a host for bodily injury that occurs during a Swimply reservation.

* Subject to certain terms, conditions & exclusions

Australian Host Protection Guarantee: 

Australian hosts are eligible for up to $2,000,000 AUD of protection* when a guest is injured during a Swimply reservation. The program provides protection in the unfortunate event that a Guest files a lawsuit or claim against a host for bodily injury that occurs during a Swimply reservation. 

* Subject to certain terms, conditions & exclusions

What Does This Mean?

This coverage is at no additional cost to you and it means that if you don’t already have an applicable homeowners or liability policy for your property rental, this Guarantee responds first if someone makes a claim against you. If you already have an applicable homeowners or liability policy for your property rental, then this coverage is secondary and additional to what you have. 

What's covered under the Guarantee?

• Injuries to Guests that occur while on the Host’s private premises during a Swimply booked and paid for reservation.
• Reservations include both Swimply pools and spaces, indoor and outdoor.
• Yard games and activities, but products such as playsets must be in good manufacturing working order and securely mounted.
• Diving board injuries are covered but the diving board must be no higher than 3 feet, and only if the pool has a minimum diving well depth of 7.5 to 9 feet and minimum measurements of 16 feet wide and 32 feet long.
• Swimming pool slide injuries are covered but slides must be in good manufacturing working order and securely mounted.
• Grill-related, fire pit, fireplace, outdoor heater, or patio heater injuries to Guests during a Swimply booked and paid for reservation if operated in accordance with our Terms of Service.
  • For Grills, Hosts must warrant that the equipment is in excellent working condition, they have inspected it in the last 30 days, and it will not pose any threat to the Guest but for Guest’s own misuse. Furthermore, you must provide the Guest with instructions for safe and lawful use of the equipment either through the Swimply Platform or appropriate signage on premises. 
  • For fire pits, fireplaces, outdoor heaters, or patio heaters Hosts are required to maintain all heating devices subject to the manufacturers specifications and must provide guests with user manuals for all heating devices.

What's not covered under the Guarantee?

We always want to have your back, but sometimes, unfortunately, things are out of our reach, and often as a guest you are responsible for your own actions. We recommend whether you are a Guest or Host that you familiarize yourself with these terms, conditions & exclusions.

• Injuries that arise outside the times of a booked and paid for Swimply reservation.
• Injuries that occur in an open body of water, including, but not limited to, a lake, ocean, creek, or river. The open body of water's size, whether it is man-made, or publicly or privately owned, does not affect the lack of coverage.
• Injuries or losses arising out of the consumption of alcohol or other mood-altering substances. Guests agree that neither Swimply nor a Swimply Host can be held liable if injury occurs to a Guest during a Swimply reservation if the Guest or a member of the Guest's party was consuming alcohol or other mood-altering substance or was under the influence of alcohol or other substances at the time of the incident. See our Terms of Service. 
• Injuries related to the use of trampolines, bounce-house/inflatables, skateparks, or acrobatic/trapeze sets.
• Injuries arising out of the use of automotive, creative, or industrial machines, tools, or appliances.
• Injuries arising from saunas or steam rooms. 
• Injuries that occur during a sports activity and are unrelated to the property or rental itself. As the guest you agree you understand the risk of the sport or activity you have chosen to participate in, and you agree that neither Swimply, nor a Swimply Host, can be held liable if injury occurs to a Guest during a Swimply reservation if the Guest or a member of the Guest's party were participating in a voluntary sporting activity at the time of the incident. See our Terms of Service.
• Injuries that occur and are caused between guests during an approved sports activity (an activity which the rental is directly booked for) but is related to the risk of the sport. As the guest you agree you understand the risk of the sport or activity you have chosen to participate in, and you agree that neither Swimply, nor a Swimply Host, can be held liable if injury occurs to a Guest during a Swimply reservation if the Guest or a member of the Guest's party were participating in a voluntary sporting activity at the time of the incident. See our Terms of Service. 
• Injuries arising out of any lessons, seminars, or classes offered during the reservation. If your Guest is going to host any of these they are responsible for any injuries that arise out of their lesson, seminar, or class. Hosts may ask the Guest for evidence of their own insurance policy which covers these lessons, seminars, or classes.  
• Injuries arising out of any non-standard or misuse of any portion of the property or amenity. Guests agree that neither Swimply nor a Swimply Host can be held liable if injury occurs to a Guest during these misuses. See our Terms of Service. 
• Injuries to pets during a Swimply reservation. We love your pets but are unable to cover their vet bills!
• Injuries arising from intentional acts, including but not limited to: (i) assault and battery, (ii) sexual abuse or molestation.
• Injuries arising from operation of any vehicle getting to or from a Swimply reservation.
• Injuries arising out of acts of nature, including but not limited to: pollution, earthquakes, and weather-related events such as rain, wind, etc.
• Injuries arising out of communicable diseases, bacteria or microorganisms of any type, nature or description, including but not limited to any substance whose presence poses an actual or potential threat to human health.
• Injuries or losses that arise when in violation of any of the Terms of Service. 

 

The Claims Process:

1. First gather evidence of the injury (photos, videos, medical reports and bills, etc.) 
2. Please contact our Community Care team within 72 hours of the reservation. Please detail the nature of the injury along with: 

• • Any video or photo and medical evidence of the injury, pertinent medical bills, and any other relevant documents.
  • Any police or medical reports related to the injury that occurred during the Swimply reservation.
  • Your name, the Swimply reservation date and time, the address of the reservation, name of the Hosts if known, if you were not the booking Guest, the name of the Guest who booked the reservation, and all attending guest information.

All claims will be promptly investigated.  Depending on the nature and complexity of the claim, an adjuster may get in touch to discuss the claim and gather information.  Your failure to cooperate in the investigation process may delay or cause denial of a claim.

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Property Damage Protection

Hosts are eligible for up to $10,000* if a Host’s pool or property is damaged during a Swimply reservation and the Guest is unwilling or unable to pay for the damages.

Property Damage Protection is not an insurance policy. Property Damage Protection is not related to Host Protection Guarantee.

All Property Damage claim reimbursements are subject to a claims deductible of $250 for a reservation with 10 or fewer Guests, and a claims deductible of $500 for a reservation with greater than 10 Guests.

We use Actual Cash Value (ACV), the item's current market cost minus depreciation, to determine the amount of the claim. An item's depreciated value is based on how old the item is, and how much useful life it has left at the time of the loss.

*Australian property damage protection in AUD. 

What's covered?

• Damages to the Host’s pool, pool equipment, outdoor furniture, grills, fire pits, fireplaces, outdoor heaters, or patio heaters, or the physical portion of the Host’s private premises that are rented out during a Swimply reservation. Private premises are defined as the indoor or outdoor rented area, which include the areas of access in the home related to the rented space, and when renting just the pool – the bathroom guests are granted access to, and the physical space in between.
  
• Labor and installation costs if required to return the damaged item to its original state.

What's not covered?

• Damages that arise outside the times of a booked and paid for Swimply reservation.
• Damages to a host’s property caused by anyone residing in the host’s home, including pets, and any invited or non-invited guests who are not part of the reservation.
• Losses arising from a manufacturer’s or a product’s defects, or from pre-existing damages or conditions of the item or property, normal wear and tear, or deterioration.
• Damages that occur to pool liners
• Losses arising from theft or stolen property.
• Losses arising from intentional acts, including but not limited to identity theft or fraud.
• Losses arising out of acts of nature, including but not limited to: pollution, earthquakes, and weather-related events such as rain, wind, etc.
• Items not directly damaged. This includes requests for reimbursement for continuous flooring, counter tops, or outside areas in order to maintain an aesthetic appeal. If part of these areas are damaged, we will reimburse the square footage of the damaged space only.
• Replacement costs if repair is possible and costs less.
• Damages that arise when in violation of any of the Terms of Service.
  
• Income lost during repairs, including, but not limited to, lost income due to any cancelled, lost, or declined bookings.
• Additional Guests
• cleaning and regular maintenance 

The Claims Process:

1. First gather evidence of the damage (photos, videos, estimates for repairs, and/or receipts).
2. Contact the guest through our secure messaging platform to attempt to resolve the matter directly. It's important to preserve all evidence even if you end up resolving the claim with the guest directly.
3. If you're unable to come to an agreement with the other party, please fill out a Property Damage Form found here within 72 hours of the reservation and make sure to submit:
   
   • • Any video or photo evidence of the property damage and any other relevant documents
     • Communications or attempted communication between host and guest related to the property damage. We strongly encourage keeping all communications within our secure messaging platform to keep you safe and expedite our investigations.
     • If relevant, any police reports related to the damage that occurred during the Swimply reservation.
4. We'll reach out to everyone involved to gather as much information as possible, including a verbal and/or written statement from each party. All submitted documents will play a key role in the review process.