Insurance Policies, Damage Protection (Damage Only) Agreement, Damage Protection Pro (Damage + Theft) Agreement, and Member Responsibilities
Disclaimer: Giggster is not an insurance provider, broker, or agent. Giggster is not licensed in any state or country to be an insurance provider, broker, or agent. All of Giggster's damage Protection coverage options (hereinafter, “Damage Protection,”) are not insurance policies.
The following provisions are subject to User's compliance will all other terms and obligations under the Terms. Failure to comply with any terms and obligations under the Terms may result in a Renter’s or Owner’s full responsibility for damage, theft, and/or loss of a Listing, and the Renter’s or Owner’s agreement to pay for the repair of the Listing, even if a Damage Protection coverage option was purchased or used by the Renter. The determination of whether a Member has complied with all other terms and obligations under the Terms is at the sole discretion of Giggster.
Currently, Giggster does not provide insurance or any other kind of coverage for spaces and/or automobiles. By renting spaces and or automobiles as a Renter, you understand and agree that you must have adequate and applicable insurance for rental of spaces and/or automobiles. Further, by renting spaces and/or automobiles you agree to provide the Owner with an insurance certificate, generated by a licensed insurance provider, carrier, broker, or agent, that confirms your adequate and applicable insurance for rental of spaces and/or automobiles. Giggster can not provide claim processing support or dispute resolution for the rental of spaces and/or automobiles.
Owners and Renters are also bound by any and all applicable terms and policies of any insurance provider, carrier, broker, or agent involved in the transaction between the Owner and the Renter. Giggster recommends that you carefully read and understand any policy documents which may apply to a rental.
Giggster Damage Protection Agreement:
Renters have the option to purchase Giggster Damage Protection (also known as “Damage Protection”), for unintentional damage to a rented Listing, that the Renter requested and rented, during the Rental Period.
The Damage Protection option is not an insurance policy. The Damage Protection option is a product that potentially waives the Renter’s liability for unintentional or accidental damage to the rented Listing, subject to the exclusions listed below (hereinafter, “Damage Protection Exclusions”). The Damage Protection option is provided to Renter to waive their potential liability of the cost to repair or replace items damaged belonging to the owners of the rented location. There is a $2,000.00 USD maximum amount payable by Giggster to repair or replace any item(s) that is covered by the Damage Protection option.
By purchasing the Damage Protection option, you, the Renter of a Listing from an Owner on Giggster, assume all responsibility and will be liable for all damage to, theft of, or loss of the Listing during the Rental Period. In order to reduce your exposure for such liability, Giggster offers a Damage Protection option that will reduce (but not eliminate) your responsibility for accidental damage to the rented Listing up to the specified limit purchased and/or the item replacement value, as determined by Giggster. In return for paying the cost of the Damage Protection option, so long as you fully comply with Giggster's Terms and Conditions, Giggster will be financially responsible for the repair or replacement of damaged items of the rented Listing, unless one or more of the Damage Protection Exclusions applies as determined by Giggster, up to the limit purchased for the duration of the Rental Period, minus the $500 deductible applied to all purchases and claims for Damage Protection.
Any deductible(s) are immediately due to Giggster by the Renter of the Listing upon payment of the claim by Giggster to the Owner. If the Renter, who is the purchaser of the Damage Protection option, does not remit payment of the deductible amount which is due to Giggster, Giggster reserves the right and the Renter agrees and authorizes Giggster to charge the Renter's payment method on the Renter's Giggster Account or attempt to collect the debt using alternative methods.
The Damage Protection option will apply to the rental transaction that is was purchased for, to the Renter listed on the Rental Invoice, during the listed Rental Period.
IMPORTANT NOTICE: The damage limitations set forth below are subject to your compliance with all of your obligations under the Terms. Even if the Damage Protection option is purchased, you agree that you will be responsible for the full amount of damages to the rented Listing if you fail to comply with all of your obligations under the Terms of Service.
DAMAGE Protection (DAMAGE ONLY) EXCLUSIONS: A violation of the Agreement (these Terms) shall exist and the Damage Protection option is void and shall not apply to the following situations:
1. Damage and/or loss of the rented Listing was: a) Caused intentionally or as a result of willful and wanton misconduct; b) Occurred outside of the United States; c) A result of Dampness, Dryness or Extremes of Temperature; d) A result of the Renter's or any other party's negligence or recklessness; e) A result of fraud, deceit, scams, voluntary parting, or involuntary loss; f) A result of exposure to Water, Moisture, Sand, Gas, or Dirt; g) Caused by Governmental Action, Hidden or Latent Defect, Rust, Oxidation, Corrosion or Discoloration, Wear and Tear, Mechanical Breakdown, False Pretense, Insects, Vermin or Animals, Processing or Work Upon the Property, and Unauthorized Transfer; h) Caused by and Act of God (a natural hazard outside human control, or an instance of uncontrollable natural forces in operation for which no person can be held responsible);
2. Theft of any kind of the Listing (including but not limited to Theft from Renter, Theft by Renter, Theft by employee of Renter, Theft by associate of Renter).;
3. Rental and agreement to the Terms is based on fraudulent or material misrepresentation;
4. Loss of use of a rented Listing incurred by the Owner or Renter;
5. Loss (known or mysterious) of any and all items included the rented Listing that are not returned to the Owner at the end of the Rental Period;
6. Loss of income, loss of time, or any other loss that is monetized or any other cost related to the rented Listing that may be incurred by the Owner or Renter.;
7. Manufacturer's defects, or product or mechanical failure, not caused by the Renter.
In those circumstances where these Damage Protection Exclusions apply, you, as the Renter, agree to accept responsibility for damage to, loss of, or theft of the rented Listing and any liability for the repair or replacement cost of the Listing.
The determination of whether a theft has occurred is at the sole discretion of Giggster, based on an investigation by law enforcement and Giggster’s own investigation, which may include contracting investigative services by private investigators and other third-parties. All claims of theft require: 1) a copy of a filed police report; 2) confirmation of the police report filing and a criminal investigation by law enforcement; and 3) any information or footage that can help provide details of the theft for Giggster’s investigation of the claim.
Giggster considers any major scratches, scuffs, dents, broken pieces, or other major damage caused unintentionally or accidentally to be damage. Normal wear and tear (including scratches, scuffs, dents, or other less significant damage) is not considered to be damage under the Damage Protection option, and therefore is not covered by the Damage Protection option. The determination of whether damage is unintentional and not caused due to other circumstances, actions, or inactions, or if it is considered normal wear and tear as described herein, is at the sole discretion of Giggster.
If Giggster determines that the damage was unintentional and coverage under the Damage Protection option applies, and the Renter elects to utilize the Damage Protection option, the Renter agrees to pay Giggster a deductible amount of twelve percent (12%) of the Replacement Value of the Listing (as provided on the Listing when a Renter requests a rental), which is typically collected when Giggster reimburses the Owner, and the Renter agrees to be charged the deductible amount, and agrees to Giggster not refunding deductible amount if the Renter utilizes the Damage Protection option. Valuation of the Listing, the cost of replacement of the Listing (if applicable), the cost of repair of the Listing (if applicable), and the repair provider who may repair the Listing (if applicable), is within the sole discretion of Giggster.
If the Renter damages the Listing belonging to the Owner unintentionally or accidentally, which is included in the rental, within the Rental Period, the Renter agrees to pay for the repair or replacement of the Owner’s Listing, up to the amount not covered by the Damage Protection option (a claimed amount over $2,000.00), and/or the entire deductible amount (if applicable).
If the Renter damages, loses, steals, converts, transfers custody and control to a third-party of, or takes any other action in regards to the the Listing which is not covered under the Damage Protection option, or if one or more of Damage Protection Exclusions (as defined above) apply as determined by Giggster, to the Listing belonging to the Owner, which is included in the rental, within the Rental Period, the Renter agrees to immediately pay the Listing Owner or Giggster (to reimburse the Owner) for the repair or replacement of the Owner’s Listing. Valuation of the Listing included in the rental is within the sole discretion of Giggster.
Any peripheral items) included in the rental, within the Rental Period, are not covered by the Damage Protection option. Peripheral items include, but are not limited to, batteries, battery chargers, cases, cables, caps, lens hoods, etc. If the Renter damages and/or loses any peripheral items) included in the rental, within the Rental Period, the Renter agrees to pay for the repair or replacement of the peripheral item(s), whether or not the Renter has opted to purchase the Damage Protection option. In the event of replacement or loss peripheral item(s) included in the rental, Renter agrees to pay Giggster the value of the peripheral item(s) to be repaired or replaced, even if Renter purchases a Damage Protection option, in order for Giggster to repair or replace the Owner’s peripheral item(s). Valuation of the peripheral items included in the rental is within the sole discretion of Giggster. The determination of whether or not something is a peripheral item and not covered by the Damage Protection option, is at the sole discretion of Giggster.
Renters who purchase the Damage Protection option must contact Giggster and/or submit a incident form as soon as the rented Listing is damaged or lost. Giggster will conduct an investigation, and at its sole discretion, conclude whether the Damage Protection applies. Members agree to authorize Giggster to conduct and investigation and solely determine if the Damage Protection option applies. There are no guarantees that a purchaser of a Damage Protection option will have any costs of repair or replacement of the Owner's Listing waived, and there are no guarantees that an Owner will be reimbursed for any costs of repair or replacement, or any other costs. If Giggster determines that the Damage Protection option does not apply, we will refund the Damage Protection fee to the Renter.
You accept the provisions set forth within this ‘Damage Protection’ section of the Terms and fully understand your obligations as described in the Terms.
NOTICE: THIS AGREEMENT OFFERS, FOR AN ADDITIONAL CHARGE, A DAMAGE PROTECTION OPTION TO COVER YOUR FINANCIAL RESPONSIBILITY FOR ACCIDENTAL DAMAGE TO A RENTED LISTING IN YOUR CARE, CUSTODY, AND CONTROL. THE PURCHASE OF THE DAMAGE PROTECTION OPTION IS NOT MANDATORY AND MAY BE WAIVED.