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Last Modified: May 28, 2019

 

MyVR Property Insurance Addendum

This MyVR Property Insurance Addendum (the "Addendum") contains the terms and conditions that govern your purchase of additional property insurance coverage with respect to your rental properties (the "Insurance Program") on the websites operated by Jomu Mist, Inc. (“MyVR”). The Insurance Program is offered by a subsidiary underwriting entity of Assurant, Inc. (the “Insurer”) and administered by MyVR (the “Administrator”). By agreeing to this Insurance Program, you agree to be bound by any property insurance coverage terms with the Insurer. This Addendum modifies and supplements the existing agreement between you and MyVR and such agreement is available at https://myvr.com/legal/terms/ (the “Terms of Service”). In the event of conflict between this Addendum and the Terms of Service, this Addendum shall control as it relates to the Insurance Program. Any capitalized terms not defined herein shall have the meanings set forth in the Terms of Service.

By signing up for the Insurance Program, you agree to be bound by this Addendum and the Terms of Service, as well as any insurance policies between you and the Insurer, which you may request to review at any time.

1. Definitions

“Covered Losses” means and is limited to direct physical loss or physical damage to your Covered Property caused by the Responsible Guest or an invitee of the Responsible Guest.

“Covered Property” means your U.S. rental properties utilizing the Insurance Program, subject to the conditions of Section 3 below.

“Limit” means the coverage limit you agreed to upon signing up for the Insurance Program. “MyVR Platform” means the vacation rental management software platform and related technology made available by MyVR.

“Responsible Guest” means the guest who booked the Covered Property for the period during which you incurred the Covered Losses.

2. Insurance Program.

By joining the Insurance Program and subject to your compliance with the terms of this Addendum, MyVR shall include you as an additional insured with MyVR’s underlying insurance policy. The Insurer shall cover you for the Covered Losses to your Covered Property up to the Limit. Provided that you are in compliance with the terms of this Addendum, the coverage provided by this Insurance Program will be considered primary and non-contributory to any other insurance that you may have and our insurer shall provide first-dollar indemnity for the Covered Loss. MyVR may change its insurer at any time in its sole discretion.

By joining the Insurance Program, you are required to use the Insurance Program to insure all eligible reservations that are managed through the MyVR Platform; provided that you will not be required to insure any reservations that are (1) canceled prior to the check-in date, or (2) made outside of the MyVR Platform. Reservations received external to the MyVR Platform and MyVR’s direct channel integrations may still be recorded in MyVR without requiring insurance.

You must comply with all of the requirements and conditions in this Addendum in order to be eligible to receive any payments for Covered Losses. Your failure to fully comply will prevent your recovery for any Covered Losses.

You acknowledge and agree to use your best efforts to communicate with the Responsible Guest as soon as possible after you discover any physical loss or damage to your Covered Property. You must notify the Insurer as well as the Responsible Guest about your complaint within the earlier of (i) fourteen (14) days of the check-out date, or (ii) before your next guest checks in, and promptly take steps to resolve the loss or damage with the Responsible Guest.

3. Coverage and Exclusions

The Insurance Program covers a Responsible Guest’s liability in the event the Responsible Guest negligently or accidentally causes damage to the Covered Property. This includes damage a Responsible Guest causes to the roof, walls, windows and flooring. The Responsible Guest’s family members and invitees are also covered under the Insurance Program.

Coverage is only in effect for the rental period and is limited to losses, damages and liabilities that occur on the Covered Property. Damage to the Covered Property caused by uninvited guests is excluded. Each guest’s liability coverage is limited specifically to damage to the Covered Property caused by the guest. Bodily injury is not covered for you or the guest. The Insurance Program does not provide travel insurance, and offers no protection (or reimbursement) to any guests for trip cancellation and interruption, transportation expenses or lost/stolen baggage.

In addition, property damage you may sustain as a result of natural disasters (earthquakes, floods, hurricanes, hail damage or wind damage) or other weather-related events are not covered by the Insurance Program. Property loss as a result of normal wear and tear and mysterious disappearance is not covered (mysterious disappearance are lost items for which no police report has been completed and cannot be tied to the rental period).

Please note that the above is a high level summary of the exclusions. For additional details, you may request a copy of the underlying policy document by contacting MyVR support.

4. Your Requirements.

In order to be eligible to obtain coverage under this Addendum, you must fully comply with each of the following conditions. Your failure to fully comply will prevent your recovery of any Covered Losses.

  • You are current in your payment obligations to MyVR with respect to the Insurance Program and the underlying Services.

  • Once the Insurance Program is active, all eligible reservations at your properties must be insured through the Insurance Program and considered Covered Properties.

  • You must process reservations and payments in United States Dollars (USD).

  • Your Covered Properties must be located in the United States.

  • Your reservations at Covered Properties must be less than sixty (60) days in duration.

  • You agree that you will not make it mandatory for Responsible Guests to purchase insurance at Covered Properties, and you must provide all Responsible Guests the opportunity to opt-out of coverage upon request.

  • You must file a police report listing such Covered Property with respect to any damage caused by a violation of law, criminal act or misdemeanor, and provide the Insurer with a copy of such report.

  • You must provide the Insurer with proof of ownership of, or legal responsibility for, the Covered Property certified by you as true and correct and reasonably acceptable to the Insurer.

  • You must notify the Insurer of any Covered Losses within the earlier of (i) fourteen (14) days following the date of termination of the Responsible Guest’s booking of the applicable Covered Property or (ii) the date by which the next subsequent booking of the same Covered Property begins.

  • You must use reasonable efforts to (i) protect and preserve damaged Covered Property from further loss or damage and (ii) promptly separate the damaged and undamaged Covered Property and furnish a complete inventory of the lost, destroyed, damaged and undamaged property showing in detail the quantities, costs, and amount of loss claimed. You must permit the Insurer or its designee(s) to make inspections of Covered Property at all reasonable times. However, the right to make inspections, the making of inspections, and any analysis, advice, or inspection report will not constitute an undertaking by the Insurer to determine or warrant that damaged Covered Property is safe or healthful. We will have no liability to you or any other person because of any inspection or failure to inspect.

  • You must cooperate with the Insurer, including signing any documents, and timely responding to any reasonable requests for additional information or documentation that the Insurer or its designees may require or request to process the claim.

5. Billing.

By joining the Insurance Program, you are required to insure all eligible reservations and pay the corresponding insurance premium for all such reservations. You will be required to provide MyVR information regarding your credit card or other payment instrument. You represent and warrant to MyVR that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay MyVR the amount that is specified in the payment plan in accordance with the terms of such plan and this Addendum. You hereby authorize MyVR to bill your payment instrument on a periodic basis in accordance with the terms of the applicable payment plan for all insurance premiums incurred during your participation in the Insurance Program. You agree that you are bound by any continued payment obligations incurred from past participation in the Insurance Program, even if you terminate your participation in the Insurance Program. If you dispute any charges you must let MyVR know within fifteen (15) days after the date that MyVR invoices you. We reserve the right to change MyVR’s prices. If MyVR does change prices, MyVR will provide notice of the change on the Site or in email to you, at MyVR’s option, at least 30 days before the change is to take effect. Your continued use of the Insurance Program after the price change becomes effective constitutes your agreement to pay the changed amount. MyVR may choose to bill through an invoice, in which case, full payment for invoices must be received by MyVR within fourteen (14) days of the invoice due date, or the Insurance Program may be terminated. Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. You shall be responsible for all taxes associated with Insurance Program other than U.S. taxes based on MyVR’s net income.

In the event you are delinquent in your payment obligation for a reservation under this Insurance Program, you agree and acknowledge that the reservation shall not be insured and you shall be responsible and liable for all losses, liabilities, damages, costs and expenses incurred by you or any third party in connection with such reservation.

6. Indemnification.

You shall defend, indemnify, and hold harmless MyVR from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this Addendum, failure to pay any amounts due hereunder, or otherwise arising out of your access, contribution to, use or misuse of the Insurance Program. MyVR shall provide notice to you of any such claim, suit or demand. MyVR reserves the right to assume the

exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting MyVR’s defense of such matter.

7. Modification.

We may modify any of the terms and conditions contained in this Addendum at any time and in our sole discretion. Any modifications will be effective upon the posting of a change notice or a new set of terms on our website, or by sending you an e-mail notification. You are responsible for reviewing these locations and informing yourself of all applicable changes or notices. Modifications may include, for example, changes in payment procedures or features of the Insurance Program. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO DISCONTINUED YOUR USE OF THE INSURANCE PROGRAM. YOUR CONTINUED PARTICIPATION IN OR USE OF THE INSURANCE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW ADDENDUM ON OUR SITE OR SENDING YOU AN E-MAIL NOTIFICATION WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION.