Non-Refundable Breakage Waiver

What is the Non-Refundable Breakage Waiver?

When you make a booking, you may be offered the opportunity to buy our Non-Refundable Breakage Waiver instead of paying a Refundable Breakage Deposit, or providing another security deposit agreed with an Owner or paying for alternative insurance, if permitted by the Owner. Our Non-Refundable Breakage Waiver is a policy of insurance against damage caused by the Renter and members of the Renter’s Party to the Property or its contents as described in more detail below. The following is a summary of the key terms of the Non-Refundable Breakage Waiver.

What is the cost of the Non-Refundable Breakage Waiver?

If your booking is made in £ sterling, £31; if your booking is in United States dollars, $50; and if your booking is made in euros, €44.

Is the money I pay for the Non-Refundable Breakage Waiver refundable?

No. The money you pay for the Non-Refundable Breakage Waiver is not refundable in any event, except when an owner cancels the booking. It is an insurance premium paid for a contract of insurance.

What is the maximum amount of cover?

If you pay the premium for the Non-Refundable Breakage Waiver, the policy insures the Renter and members of the Renter’s Party for any accidental loss or damage covered by the Policy up to a maximum aggregate amount of £300 (where your booking is made in pounds sterling), €340 (where your booking is made in euros) and $450 US (where your booking is made in United States dollars).

What loss or damage is covered?

The Non-Refundable Breakage Waiver covers claims made by the Owner against the Renter or member of the Renter’s Party for any damage or loss to the Property or to any fixtures, fittings, furniture, furnishings, appliances and other contents of the Owner and the like at or in the Property accidentally caused by the Renter or a member of the Renter’s Party during your Stay. It does not cover the costs of cleaning the Property or any part of it.

How can I get a copy of the full Non-Refundable Breakage Waiver terms?

We will provide you with a full copy of the Non-Refundable Breakage Waiver terms upon request and make a copy available in any event when you have paid for it.

What are the conditions of the Non-Refundable Breakage Waiver?

It is a condition of the Non-Refundable Breakage Waiver that the Renter and all members of the Renter’s Party should take all reasonable precautions to avoid loss, theft or damage and take all reasonable steps to safeguard the Property from loss or damage and to recover any items that may be lost or stolen. It is also a condition that you comply in full with all of the terms of the Non-Refundable Breakage Waiver.

Refusal of claim

In addition to our other rights, we are entitled to refuse to accept a claim or to refuse to continue to indemnify you where:

• 8.1. You have not disclosed material information to us; or

• 8.2. You have failed to provide us with any material information and/or supporting evidence following the incident that gives rise to the claim.

If we refuse to accept a claim or refuse to continue to indemnify you, we will give you the reasons(s) in writing. The full terms of the Non-Refundable Breakage Waiver has a full complaints procedure and will be supplied to you if for any reason we do not pay your claim.

What loss and damage is excluded?

The Non-Refundable Breakage Waiver does not cover any of the following:

• 9.1. Any claims that arise from any unlawful act of the Renter or member of the Renter’s party, or any criminal proceedings against any such person, or any deliberate or wilful acts by any such person or any fraud committed by any such person;

• 9.2. Any other loss, damage or additional expense following on from the event for which a claim is made, unless we provide cover under this insurance; Examples of such loss, damage or additional expense include the cost of replacing locks after losing keys, costs incurred in preparing or making a claim or loss of earnings following bodily injury, illness or disease

• 9.3. Any claims about or relating to the ownership, possession of mechanically propelled vehicles, aircraft or watercraft (other than surfboards or manually propelled rowing boats, punts or canoes).

How to make a claim under the Non-Refundable Breakage Waiver

The Owner or Renter or member of the Renter’s party must notify us of any event giving rise to a claim under the Non-Refundable Breakage Waiver within 14 days after the event occurs. You must also tell us if you are aware of any writ, summons, or other legal process, or impending prosecution relating to damages at the Property.

If a breakage or damage occurs

You must send all communications relating to your claim to us as soon as possible. You and anyone acting on your behalf must not negotiate, admit, repudiate (refuse) any claim without our permission in writing. You must not admit any liability or pay, offer to pay, promise to pay or negotiate any claim without our permission in writing. You or your legal representatives must supply at your own expense all relevant information requested by us.

Exclusions

The Policy contains exclusions (and the Insurer will not make a payment):

• 12.1. in the event that you commit any unlawful action or criminal proceedings are issued against you;

• 12.2. for any loss, damage or additional expense following on from the event for which you are claiming; or

• 12.3. in respect of the ownership, possession or use of mechanically propelled vehicles, aircraft or watercraft; or

• 12.4. relating to a dispute with Clickstay Ltd., All Seasons Underwriting Agencies Ltd or Acasta European Insurance Company Limited arising from the handling of a claim; or

• 12.5. For claims arising from any consequence of war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power, confiscation, requisition or damage to property by or under the authority of any government, public or local authority; or

• 12.6. For claims arising from any expense, loss of any income, legal liability or any loss or damage, to property directly or indirectly caused by, contributed to, by or arising from any of the following, or from any similar reaction or event:

  • 12.6.1. ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel;

  • 12.6.2. the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly; or

  • 12.6.3. pressure waves caused by aircraft or any other airborne devices travelling at sonic or supersonic speeds.

How do you deal with the claim?

We deal with the claim directly with the Owner, if the Owner notifies us of a claim. You authorise us to do so. In most circumstances, we make payment directly to the Owner in the currency in which the booking was made.

Who provides the Non-Refundable Breakage Waiver?

The insurance is provided by Acasta European Insurance Company Limited, a company registered in Gibraltar under company no. 96218 and licensed and regulated by the Financial Services Commission of Gibraltar. Acasta European Insurance Company Limited is registered with the Financial Conduct Authority under registration number 456936 and is authorised to sell insurance services into EU member states including the United Kingdom. We are registered with the Financial Conduct Authority (Firm Number 609793) and are an appointed representative of All Seasons Underwriting Agencies Ltd whose registered office is at 6-8 Fenchurch Street, London, United Kingdom EC3M 5HT.

Personal Data

You agree that Acasta European Insurance Company Limited, All Seasons Underwriting Agencies Ltd and Clickstay Ltd. may hold and process personal data supplied by you for the purposes of administering and dealing with claims under the policy. You agree that each of them may transfer your personal data outside of the European Economic Area if considered necessary for those purposes.

Law and jurisdiction

The Non-Refundable Breakage Waiver is governed by and interpreted in accordance with the laws of England. In the event of a dispute about the Non-Refundable Breakage Waiver you agree that it should be referred to arbitration by a single arbitrator who will be either a barrister or solicitor. If you and we are unable to agree on the appointment of an arbitrator, you and we agree to accept an arbitrator nominated by the President of the relevant national Law Society. The arbitrator’s decision will be final and binding on all parties and the unsuccessful party will be responsible for any costs incurred by the successful party in the arbitration proceedings as well as their own costs.

Right to cancel

If you are resident in the United Kingdom, or in a country in the European Economic Area that has adopted Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC you have the right to cancel this insurance by giving notice to Clickstay Ltd within 14 days after the date on which your booking is made. You may not cancel when your Stay has begun. You can cancel by emailing us at the following email address support@clickstay.com or writing to us at Clickstay Ltd. Unit N106, Vox Studios, 1-45 Durham Street, London, United Kingdom, SE11 5JH. If you cancel you agree to pay an administration fee of £15.00, if you paid for the insurance in £ sterling, or €18 euros or $22.50 US (as the case may be) which will be deducted from the refund that we make to you. We will make the refund, less that fee, as soon as possible and in any event within 30 days after you cancel.

Complaints

We will always try to give you a quality service. If you think we have let you down, please write in the first instance to:

All Seasons Underwriting Agencies Limited 6 – 8 Fenchurch Buildings Fenchurch Street London United Kingdom EC3M 5AT

Details of our internal complaint-handling procedures are available on request. If you are still not satisfied, you can contact the Insurance Division of the Financial Ombudsman Service at: South Quay Plaza, 183 Marsh Wall, London United Kingdom E14 9SR. You can also contact them on 0845 080 1800. Website: www.financial-ombudsman.org.uk

Compensation Scheme

Acasta European Insurance Company Limited is covered by the Financial Services Compensation Scheme, established under the Financial Services and Markets Act 2000 (the “Compensation Scheme”). If it is unable to meet its obligations under the policy an Insured Person may be entitled to compensation from the Compensation Scheme.

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