Damage and Maintenance Policy, US
1. Definitions
For the purposes of this Policy, we will use the following terms as defined below:
“Excluded Items” means damage or loss that is not covered by onefinestay’s Insurance Policy including (but not limited to) cash, jewellery, car keys or cars.
“Glassware” means glasses, vases or other glassware kept at the property of a Host for a Stay.
“Guest” means a person who stays at a property listed on the onefinestay website.
“Guest Damage” means any damage to a Host’s property caused by a Guest or a member of onefinestay staff during a Stay other than:
- a Home Breakdown;
- Wear and Tear; or
- damage to and/or loss of any Excluded Items.
“Home Breakdown” means an issue with a Host’s property that:
- affects its core functionality;
- causes the Host's property to fall below the Home Standards; and
- arises during the ordinary use of the Host’s property by the Guest and/or onefinestay during a Stay.
Examples of a Home Breakdown include (but are not limited to) the breakdown of a fridge, a boiler or the internet, a drain becoming blocked, damage arising from a flood caused by plumbing at the property or fixtures and fittings becoming loose and unusable.
“Home Standards” means the standards adopted and updated by onefinestay from time to time in relation to the expected standard of a Host’s property.
“Host” means a person who lists property on the onefinestay website as available for individuals to stay at for short term licences to occupy.
“Insurance Policy” means the insurance policy taken out by onefinestay from time to time to cover risks associated with individuals staying at the property of Hosts.
“Kitchenware” means plates, saucers, bowls and other crockery left at the property of a Host for a Stay.
“onefinestay” means the group of companies trading as onefinestay under and including Lifealike Limited.
“Quotation Estimate” shall have the definition in paragraph 2.5.
“Stay” the period of time the Host’s property is being used for a booking by a Guest arranged by onefinestay and including any period when the property is being prepared by onefinestay either before or after such stay.
“Wear and Tear” means any damage to a Host’s property caused during a Stay that:
- does not affect the core functionality of the home;
- does not cause sufficient damage to the property to breach the Home Standards;
- is reasonably immaterial in nature for a property being used for short stays (as determined in our absolute discretion); and
- arises in the ordinary course of the property being inhabited,
Examples of Wear and Tear include (but are not limited to) scuff-marks on a wall of the property of less than 5cm in length, gradual discolouration of a carpet over time or a light bulb breakage.
2. Guest Damages
2.1 onefinestay will reimburse a Host for the cost of remedying or replacing any Guest Damage in accordance with this paragraph 2 (and, in particular in relation to Glassware and Kitchenware, subject to paragraph 2.8).
2.2 Hosts agree that onefinestay may seek to recover the cost of any Guest Damage caused by a Guest and Hosts assign the benefit of recovering the cost of such Guest Damage contained in the terms of the Accommodation Agreement between the Host and the Guest.
2.3 In the event that onefinestay is either made aware of any Guest Damage arising during the Stay or upon a reasonable inspection of the property discovers any Guest Damage, onefinestay will use reasonable endeavours to inform the relevant Host of such Guest Damage either by the time the Host returns to the property or, at the latest, within 5 days from the end of the Stay.
2.4 In the event onefinestay fails to identify any Guest Damage (other than Guest Damage identified in accordance with paragraph 2.3 above), the Host must notify onefinestay within a period of 7 days of the end of a Stay (or in circumstances where there have been multiple Stays during a single period of availability, within 7 days of the last Stay).
2.5 Upon notification of the existence of Guest Damage in accordance with either paragraphs 2.3 and 2.4 above, onefinestay will obtain quotations from their own and/or third party contractors for the remedy or rectification of the Guest Damage and will notify the Host of the value estimate contained in the quotation (the “Quotation Estimate”).
2.6 In the event a Stay is:
- ongoing and it is necessary (as determined by onefinestay) to remedy or rectify the Guest Damage during the course of the Stay, onefinestay will co-ordinate with their own and/or a third party contractor to remedy and/or rectify the Guest Damage for the cost stated in the Quotation Estimate; or
- finished and the Guest Damage has not been rectified and/or remedied, onefinestay shall notify the Host of the Quotation Estimate and the Host may choose whether to use the contractor(s) providing the Quotation Estimate or to use such other contractor as the Host may determine in his/her absolute discretion.
2.7 Where a Host uses a contractor(s) other than the contractor(s) providing the Quotation Estimate, onefinestay will reimburse the Host up to an amount equal to the cost stated in the Quotation Estimate in full and final settlement of the Guest Damage.
2.8 onefinestay will not reimburse any Damage relating to Glassware or Kitchenware other than in its absolute discretion and, in any event, any such reimbursement as determined by onefinestay would be up to a maximum of $30 per item damaged.
3. Home Breakdowns
3.1 Subject to paragraph 3.3, a Host has sole responsibility for the cost, remedying and rectification of any Home Breakdown.
3.2 Upon discovery of a Home Breakdown, onefinestay will notify the Host as soon as reasonably practicable of such a Home Breakdown.
3.3 If it is not possible to contact the Host within 24 hours of the Home Breakdown and either:
- a Guest is staying in the Host’s property at the time of the Home Breakdown; or
- a Stay is starting within 72 hours of discovery of the Home Breakdown; or
- the Home Breakdown is likely to cause material damage to the Host’s property if the Home Breakdown is not remedied or rectified promptly,
onefinestay will use reasonable endeavours to temporarily or permanently remedy and/or rectify the Home Breakdown including engaging third party contractors.
3.4 In the event onefinestay engages any cost in the remedy or rectification of a Home Breakdown in accordance with paragraph 3.3, the Host will be liable to pay for the cost of such remedy or rectification of the Home Breakdown and at all times onefinestay will use reasonable endeavours to mitigate and reduce the cost of any such work.
4. For a Wear and Tear Case
4.1 Hosts are solely responsible for the costs, remedy and rectification of making good Wear and Tear.
4.2 onefinestay does not report to Hosts instances of Wear and Tear at the property, unless over a period of time, the cumulative effect of many instances of Wear and Tear causes the property to breach the Home Standards (as determined by onefinestay).
4.3 In the event that the cumulative effect of many instances of Wear and Tear causes the property to breach the Home Standards and a Guest’s Stay is or will be affected detrimentally (as determined by onefinestay), onefinestay may temporarily or permanently rectify or remedy such Wear and Tear.
4.4 In the event onefinestay engages any cost in the remedy or rectification of cumulative Wear and Tear in accordance with paragraph 4.3, the Host will be liable to pay for the cost of such remedy or rectification of such Wear and Tear, but at all times onefinestay will use reasonable endeavours to mitigate and reduce the cost of any such work.