T&C's - Liabilities, Guests or Owners?

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Drax
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T&C's - Liabilities, Guests or Owners?

Post by Drax »

Because it is a quiet time of the year I have decided to review my terms and conditions for my guests.
Admittedly they are currently quite sparse in content and for inspiration I have looked on other holiday home sites T&C's. (I know, I know it is a form of plagiarism but what the heck)
I noticed that on one of them they have stated the following;
"Use of the cottage is entirely at the holiday-makers risk and no liability is accepted for loss, damage, sickness or injury, howsoever caused which may be sustained during the holiday to any member of the party, any car and its contents or any possessions of the holiday-makers".
Have other members on this site got something similar on their T&C's?
I am no lawyer but I would have thought that, especially in todays litigatious climate, it is not worth the paper it is written on.
It would be interesting to know other peoples knowledge or expertise on this matter.
Keep your powder dry.
e-richard
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Re: T&C's - Liabilities, Guests or Owners?

Post by e-richard »

Drax wrote:...I am no lawyer but I would have thought that, especially in todays litigatious climate, it is not worth the paper it is written on..
IANAL but I too think you are right.

On the other hand, its not at all difficult to arrange hosts insurance that includes £5m or even £10m of public liability insurance.

Of course, now you just need to worry about the tiny tiny small print list of exclusions so prevalent in modern insurance policies and so outrageously improper.
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teapot
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Re: T&C's - Liabilities, Guests or Owners?

Post by teapot »

e-richard wrote:
Drax wrote:...I am no lawyer but I would have thought that, especially in todays litigatious climate, it is not worth the paper it is written on..
IANAL but I too think you are right.

On the other hand, its not at all difficult to arrange hosts insurance that includes £5m or even £10m of public liability insurance.

Of course, now you just need to worry about the tiny tiny small print list of exclusions so prevalent in modern insurance policies and so outrageously improper.
Simply buy a fully comprehensive policy :lol: :roll: :lol:
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greenbarn
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Re: T&C's - Liabilities, Guests or Owners?

Post by greenbarn »

e-richard wrote:
Drax wrote:...I am no lawyer but I would have thought that, especially in todays litigatious climate, it is not worth the paper it is written on..
IANAL but I too think you are right.
Likewise!

Most T&Cs probably aren’t worth the pixels they’re written with; anything that removes the guest’s basic rights as a Consumer will be slung out even if the guest has signed it in blood (pixellated or otherwise).

As e-richard suggests, a suitable Public Liability policy is an essential requirement, and normally a part of any FHL business cover.
Sandra J
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Post by Sandra J »

Our insurance company now only offers £10 million public liability as some claims were over the previous £5 million &#128580;&#128580;.
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Post by AndrewH »

You (the home owner) can't opt out of your responsibilities towards others, so you would fail if you tried to use any wording like that as a defence in a negligence suit brought against you when you were clearly culpable. It might save you if the guest sued you solely for breach of contract, but no guest's solicitor would advise that, if you were obviously in the wrong.

There a clear distinction, a dividing line, between the law relating to negligence and contract law. There could be an instance when stuff happens to a guest, or his/her property, for which you couldn't possibly have been responsible. A guest's suit for negligence against you would then be a non-starter. So what the guest would be left with (if he were that litigious) would be to sue you in contract. In that case, a disclaimer clause like that might be very useful.

As others have said, just make sure you have liability insurance cover. If things should ever go wrong it will save you a lot of sleepless nights.
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