Terms & Conditions

Last Updated: 15 August, 2024

The following general terms and conditions apply to agreements between CoverCat BV, with its registered office at Vijzelstraat 68, 1017 HL, Amsterdam NL, henceforth referred to as “CoverCat”, and its clients. These general terms and conditions apply to all services and any engagement clients have with CoverCat. These terms and conditions may be relied on not only by CoverCat, but also by directors and/or shareholders and any persons who are or were at one point employed by CoverCat. If the substance of the written agreements the client concluded with CoverCat deviates from the agreements included in these general terms and conditions, the agreements between the client and CoverCat will prevail.

1. Overview and purpose

These general terms and conditions contain a number of agreements that apply to all involved parties and to our services. These include, for example, agreements regarding liability or payment for our services. These agreements are recorded in these general terms and conditions.
(a) Capitalized terms used herein shall have the meaning given to such terms in Exhibit A. Some terms are commonly used in these general terms and conditions. These terms will be explained below.

  • You: the legal entity to which we have presented an offer or with which we have concluded a contract.
  • We: CoverCat BV
  • Engagement: the engagement we received from you for mediation in purchasing a financial product and/or providing services.
  • Financial product: an insurance policy for which we act as a distributor.
  • Financial institution: the offeror of the financial product.
  • Written/In writing: written communication by letter, e-mail, WhatsApp or any other commonly used method of communication that may be deemed equivalent thereto.

(b) CoverCat’s Privacy Policy, as it can be found on our website, constitutes part of these general terms and conditions.
(c) If a provision of these general terms and conditions proves to be null and void, only the provision in question will cease to apply. All other provisions will remain in force and the null and void provision will be replaced.
(d) Any general terms and conditions on your part which you refer to when concluding an agreement with us do not apply unless we have accepted them unreservedly in writing.
(e) A contract between parties will become official if both parties (digitally) sign an agreement, if its execution becomes visible in CoverCat’s Portal or if we have commenced the performance of the contract. We may at any time refuse an engagement you award without having to state an explicit reason.
(f) If you award an engagement to us, you award this engagement to the firm, not to one specific person. The engagement will be performed by our firm, even if you intend/intended for the engagement to be performed by a specific person we employ.
(g) We have a best-efforts obligation only if you award us an engagement. We do not have an obligation of result. This will not apply if we agreed something else or if the nature of the engagement awarded stipulates otherwise.
(h) The terms given for performance of an engagement are guidelines, not deadlines, unless we have agreed otherwise with you in writing.
(i) If you send us a message, for example by email or text message, you may assume that we have received it only once we have confirmed receipt. This does not include an automatic digital confirmation. If you have not received confirmation of receipt within 48 hours, please contact us in order to check whether we have actually received the message.
(j) We sometimes provide general information, for example on our website or at your request. This information is free of obligation and cannot be construed as our advice regarding an engagement awarded to us. We operate on an ´execution-only´ basis, which means that we do not provide you with specific or individual advice about an insurance policy.
(k) We use the contact details you provided for our communications with you. If these contact details change, please communicate these changes to us as soon as possible.
(l) CoverCat provides various forms of service for which we may receive different types of fees. When an engagement commences, we agree to the scope of services and the remuneration method in writing via a CoverCat BV Customer Agreement. Our remuneration may consist of the following components:
a. Commission: The remuneration of our services, which is included in the amounts charged by the financial institution.
b. Fee for work performed: We charge a fixed fee for a specifically described engagement and/or work.

2. Services

CoverCat offers the Services set forth in the CoverCat BV Customer Agreement in order to help the client, Hosts (as defined herein), and Guests (as defined herein) to assess and manage risk. PLEASE SEE THE SERVICES SELECTED IN THE COVERCAT BV CUSTOMER AGREEMENT FOR APPLICABLE SPECIFICS. CoverCat will provide guest verification, technology and data management services including billing, reservation management, account and claims management and services. As stated above, we operate on an ´execution-only´ basis, which means that we do not provide you with specific or individual advice about an insurance policy.

(a) General. Our Platform and the related Services streamline the process of reserving rental accommodations (“Accommodations”), including Guest Verification Services, Insurance Services, and other reservation related services. CoverCat is not a party to any agreements entered into between Hosts and Guests, nor is CoverCat a real estate broker, payment agent or insurance advisor. CoverCat has no control over the conduct of Hosts, Guests, and other users of the Platform or Services or the condition of any accommodation and disclaims all liability in this regard to the maximum extent permitted by law. Unless explicitly specified otherwise in writing, CoverCat is not an owner, operator, or listing agent of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or accommodations.

(b) Verification Services. “Guest Verification Services” are Services offered to clients, whereby CoverCat will (i) collect verification data from Guests, including name, addresses, date of birth, and other available information to confirm the identity of the Guest, and (ii) check the Guest against databases that check for anti-money laundering purposes and sanction checks. You acknowledge and agree that CoverCat makes the Guest Verification Services available to clients as a convenience only, to facilitate the booking of Accommodations between Guests and Hosts, and CoverCat makes no warranty that any advice, information, or recommendation we make through the Platform or Services (including any CoverCat Score (as defined below)) are accurate or reliable. You acknowledge and agree that our advice and recommendations are based, in part, on the accuracy and reliability of User Content submitted by you and other Users, and that such data and information, and conditions, may change, which may render any advice, information, or recommendation incorrect or inadvisable. As a Property Management Company, you verify to CoverCat that you have obtained the consent of all users and Guests agreeing to these Terms and you expressly represent and warrant that you will include in your rental agreement with Guests that the Guest acknowledges and agrees that such Guest is subject to verification check(s) conducted by a third party in connection with the rental. You agree to indemnify and hold CoverCat (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your failure to obtain express written consent from a Guest to allow a third party to conduct a verification check in connection with such rental.

3. Access to the Platform

(a) Grant of Rights. Subject to these Terms, CoverCat grants you a non-transferable, non-exclusive, revocable, limited right to access the Platform to use the features and functionalities of the Services, in each case solely for your own personal or internal business purposes.

(b) Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Platform, whether in whole or in part, or any content displayed on the Platform; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Platform; (c) you shall not access the Platform in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Platform shall be subject to these Terms. All copyright and other proprietary notices on the Platform (or on any content displayed on the Platform) must be retained on all copies thereof.

(c) Modification. CoverCat reserves the right, at any time, to modify, suspend, or discontinue the Platform (in whole or in part) with or without notice to you. You agree that CoverCat will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Platform or any part thereof.

(d) Platform Support or Maintenance. You acknowledge and agree that CoverCat will have no obligation to provide you with any support or maintenance in connection with the Platform.

i. CoverCat will provide Client with an integration protocol to facilitate integration of Client’s System with the Services and will use commercially reasonable efforts to assure that the Services are available for Client’s use.

ii. CoverCat may provide, in its sole discretion, upgrades, fixes, workarounds, and modifications to the Services free of charge as they are made at any time during the Term.

(e) Ownership. Excluding any User Content that you may provide (defined in Section 4(a) below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Platform and its content are owned by CoverCat or CoverCat’s suppliers. Neither these Terms (nor your access to the Service) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2(a) CoverCat and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

(f) Privacy. Our Privacy Policy is located on our website. Please review the Privacy Policy to learn about:
i. What information we may collect about you.
ii. What we use that information for; and
iii. With whom we share that information.

4. User Content and Conduct

(a) User Content. “User Content” means any and all information and content that a user submits to, or uses in connection with, the Platform, including, but not limited to profile information. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 4(d)). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by CoverCat. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable use Policy. CoverCat is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

(b) License. You hereby grant (and you represent and warrant that you have the right to grant) to CoverCat an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, and otherwise use your User Content, and to grant sublicenses of the foregoing rights, for any business purpose of CoverCat. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

(c) Feedback. You hereby grant to CoverCat a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Platform any suggestions, enhancement requests, recommendations or other feedback you provide relating to the Platform (“Feedback”). CoverCat will treat any Feedback you provide to CoverCat as non-confidential and non-proprietary. You agree that you will not submit to CoverCat any information or ideas that you consider to be confidential or proprietary.

(d) Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”: You agree not to use the Platform to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

5. Obligations of the client

Client must provide all the information requested by CoverCat that may be relevant for the proper performance of the engagement. Please inform us immediately if anything changes in your situation. You yourself are responsible for the correctness and completeness of the information you provide to us. We may send you an invoice for premiums for a financial product on behalf of a financial institution. You yourself are responsible for timely payment of these invoices. If you fail to make payment or timely payment, your insurance may no longer offer cover.

Client will operate CoverCat’s technologies as follows, or as otherwise agreed in writing:

(a) Client will integrate its information technology protocols and software into the CoverCat software protocols for use of the Services, unless CoverCat otherwise consents, in which case alternative reporting mechanisms will be agreed between the parties. When new interfaces are released, Client will verify the new connections and report on any interface or software issues.

(b) Client will at all times comply with CoverCat’s Terms and Conditions and Privacy Policy available online at the CoverCat website as such Terms and Conditions and Privacy Policy may be amended from time to time at the sole discretion of CoverCat. Client will keep usernames, passwords, and other credentials associated with its accounts secure, will ensure that any data carriers, files, etc. provided to CoverCat are free of viruses and defects, and will be solely responsible and liable for any activity that occurs under its account. Client shall notify CoverCat promptly of any incident affecting consumer data or any security breach that results in unauthorized access, use or disclosure of confidential information of any type (such disclosures referred to as a “Security Breach”) with a detailed description of the Security Breach, including the type of data that was the subject of the Security Breach, the identity of each affected person, if any, and any other information CoverCat may reasonably request concerning such affected persons and the Security Breach.

(c) Client will comply with all applicable laws, rules, and regulations in the performance of its obligations and exercise of its rights hereunder. In particular, Client acknowledges and agrees that it has obligations to notify consumers under applicable laws of any adverse determinations arising out of CoverCat reports. Client must promptly notify CoverCat of Client’s denial of a Guest Stay at help@mycovercat.com or via the CoverCat Portal.

(d) Any unauthorized use of any function of the Services is a violation of this Agreement and may violate certain local/Country or United States of America federal and state laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.

(e) Client may identify each function of the Services as “powered by CoverCat” on its website or other materials that uses the CoverCat services. Any reference to the Rental Insurance must identify coverage is provided through CoverCat. The reference to CoverCat or Rental Insurance shall include a hyperlink as directed by CoverCat.

(f) Client will provide CoverCat with sufficient information of each User that is necessary to carry out the services Client selected. For the avoidance of doubt, Client will provide CoverCat with the User data listed in Exhibit B when available.

(g) After each Stay, Client will inform CoverCat of any Guests that would not be eligible to rent from the Client again.

6. Purchase Terms

Payment. You agree to pay all fees, taxes or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide CoverCat or the Third-Party (Payment) Provider (as defined below) with an auto-draft authorization account information or valid credit card (Visa, MasterCard, or any other issuer accepted by us) as a condition to signing up for our service and coverage. Your Payment Provider agreement governs your use of any designated credit card, and you must refer to that agreement and not the Terms of this Agreement or CoverCat’s website to determine your rights and liabilities. By providing CoverCat or the Third-Party Provider with your credit card number and associated payment information, you agree that CoverCat and/or the Third-Party Provider is authorized to immediately invoice your Account for all fees and charges due and payable to CoverCat hereunder and that no additional notice or consent is required. You agree to immediately notify CoverCat and/or the Third-Party Provider of any change in your billing address or the credit card used for payment hereunder.

Payment shall be due monthly, within fourteen (14) days of the invoice date unless we have agreed otherwise in writing. If Client fails to make a payment when due and this failure continues for fourteen (14) days after CoverCat gives Client notice of the failure, Client will be deemed in default and CoverCat may suspend coverage. If payment is not received after another fourteen (14) days, we may terminate this Agreement for cause. CoverCat may offset and withhold any balance due from Client to CoverCat with any amounts due from CoverCat to Client. If you fail to pay our invoices within the agreed term, you will owe statutory interest on the amount in question, without a prior notice of default being required. All fees not collected will be treated as an advance hereunder and shall bear Interest until repaid as provided herein. Interest on such advance shall accrue from the date the payment is due through the date of repayment at a fixed interest rate equal to eight percent (8 %) per annum. Lender’s records shall be final and dispositive, absent gross error or fraud. If you remain in default of payment after receiving our notice, we may engage a collection agency. In that event you must also pay the extrajudicial collection costs laid down by law. Client agrees to pay all costs of collection, including, without limitation, attorneys’ fees and all expenses if the indebtedness evidenced hereby is collected by or through an attorney-at-law. Client shall be obligated to pay principal, interest and any other amounts which become payable hereunder absolutely and unconditionally, without any right of offset. We will first deduct any payments you make from the interest and costs you still owe to us, and the remaining amount will be applied to the outstanding invoices. With regard to those invoices, your payment will first be applied to the invoice that has been outstanding the longest, not the most recent invoice. If CoverCat receives any payment that Is judged to be a voidable preference or fraudulent conveyance, then the obligation to make such payment shall be reinstated and shall remain a debt obligation enforceable in accordance with the terms and provisions hereof, and such payment shall be immediately due and payable upon demand.

If we believe that your creditworthiness gives reason to do so, we may request that you provide sufficient security that you will be able to comply with your payment obligations. We may choose not to provide, or no longer provide, our services if you fail to provide this security.

(a) Client acknowledges that CoverCat may retain funds from insurance claim settlements and fees paid for Insurance Services for future reservations if the Client goes into default. This means that coverage on future reservations may be canceled to fulfill these financial obligations.

(b) Third Party Provider. We use third-party service providers for payment services (e.g., credit card transaction processing, merchant settlement, and related services) (“Third Party Provider”). By using the Platform, you agree to be bound by the Third-Party Provider’s terms of service available. You hereby consent to provide and authorize us and the Third-Party Provider to share any information and payment instructions you provide to the extent required to complete payment transactions in accordance with these Terms, including personal, financial, credit card payment, and transaction information.

7. Indemnification.

You agree to indemnify and hold CoverCat (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Platform, (b) your User Content, (c) your violation of these Terms; or (d) your violation of applicable laws, rules or regulations. CoverCat reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of CoverCat. CoverCat will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

8. Disclaimers

(a) YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COVERCAT (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF SERVICES WILL BE ACCURATE OR RELIABLE.

(b) COVERCAT’S TERMS ARE AVAILABLE ON ITS WEBSITE

(c) THE PLATFORM AND SERVICES ARE INTENDED TO BE USED TO FACILITATE HOSTS AND GUESTS CONNECTING AND RESERVING ACCOMMODATIONS. COVERCAT CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY, OR SUITABILITY OF ANY ACCOMMODATIONS, THE RESULTS OF OUR VERIFICATION SERVICES, OR YOUR ABILITY TO BOOK ACCOMMODATIONS. COVERCAT IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY OTHERWISE RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY RESERVATIONS WILL BE MADE AT THE GUEST’S OWN RISK AND ACCEPTED AT THE HOST’S OWN RISK.

(d) COVERCAT DOES NOT IN ANY WAY ENDORSE ANY GUEST OR HOST OR ACCOMMODATION. HOSTS AND GUESTS ARE REQUIRED BY THESE TERMS TO PROVIDE ACCURATE INFORMATION, AND ALTHOUGH COVERCAT MAY UNDERTAKE ADDITIONAL CHECKS AND PROCESSES DESIGNED TO HELP VERIFY OR CHECK THE IDENTITIES OR BACKGROUNDS OF USERS, THERE ARE LIMITATIONS TO ALL BACKGROUND CHECKS IF ACCURATE INFORMATION IS NOT PROVIDED, OR IF THERE ARE OTHERWISE LIMITS TO AVAILABLE INFORMATION. THEREFORE, ALTHOUGH THE SERVICES ARE INTENDED TO REDUCE THE RISKS ASSOCIATED WITH ANY ACCOMMODATION, NO PROCESSES CAN COMPLETELY REDUCE ALL RISK. YOU ARE EXPECTED TO TAKE ORDINARY CARE IN MAKING ANY RESERVATION WITH HOSTS AND MAKING ACCOMMODATIONS AVAILABLE TO GUESTS.

(e) BY USING THE PLATFORM OR SERVICES, YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF OTHER HOSTS OR GUESTS OR OTHER THIRD PARTIES WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR HOST OR GUEST OR OTHER THIRD PARTIES WHO CAUSED YOU HARM. YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON OR SEEK ANY LEGAL REMEDY FROM COVERCAT WITH RESPECT TO SUCH ACTIONS OR OMISSIONS. THIS LIMITATION SHALL NOT APPLY TO ANY CLAIM BY A HOST AGAINST COVERCAT REGARDING THE REMITTANCE OF PAYMENTS RECEIVED FROM A GUEST BY COVERCAT ON BEHALF OF A HOST, WHICH INSTEAD SHALL BE SUBJECT TO THE LIMITATIONS DESCRIBED IN THE SECTION BELOW ENTITLED “LIMITATION OF LIABILITY”.

(f) YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT COVERCAT DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. COVERCAT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM OR SERVICES. YOU UNDERSTAND THAT THE BACKGROUND CHECKS PERFORMED BY COVERCAT MAY BE ERRONEOUS OR INCOMPLETE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS. COVERCAT EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR HOST OR OTHER THIRD PARTY.

(g) HOSTS AND CLIENTS ARE RESPONSIBLE FOR UNDERSTANDING THE LAWS THAT APPLY TO THEM WITH RESPECT TO THEIR RENTAL PROPERTIES AND THEIR USE OF INFORMATION PROVIDED THROUGH THE PLATFORM AND SERVICES. SOME JURISDICTIONS (SUCH AS A CITY OR TOWNSHIP) HAVE LAWS THAT RESTRICT THEIR ABILITY TO USE RESIDENTIAL PROPERTIES FOR RENTAL INCOME. THESE LAWS ARE OFTEN PART OF A JURISDICTION’S ZONING OR ADMINISTRATIVE CODES. IN MANY JURISDICTIONS, HOSTS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A PROPERTY OR ACCEPTING PAYING GUESTS. CERTAIN TYPES OF SHORT-TERM BOOKINGS MAY BE PROHIBITED ALTOGETHER. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. HOSTS SHOULD REVIEW LOCAL LAWS BEFORE USING THE SERVICES.

9. Limitation on Liability

We of course handle your engagement with the greatest possible attention and care. Should we nevertheless make a mistake, the following will apply.
(a) Our liability and that of all other persons who may rely on these general terms and conditions is limited. We are at most liable up to the amount that will be paid out in that case under the professional liability insurance we have purchased, plus the excess. Upon your request, we can share more information about our professional liability insurance.
(b) If our professional liability insurance does not offer cover in a specific case, our liability will be limited to the amount we charged to you for the engagement in question. If we did not charge an amount for our services, our liability will be limited to the annual premium of the financial product your claim pertains to, up to a maximum of EUR 5,000.
(c) We perform the engagement awarded for your benefit only. – Third parties cannot derive any rights from the substance of the work performed for you.
(d) We are never liable for any loss incurred by you or third parties:

  • arising from the incorrect, incomplete or late provision of information by you;
  • arising from errors in software we use, unless we can recover the loss from the supplier of the software;
  • arising from the circumstance that you have not paid certain amounts charged to you by the financial institution, or have not paid such amounts on time.

(e) We remain liable for loss caused by an intentional act or omission or deliberate recklessness on our part.

10. Intellectual Property; Confidential Information

For purposes of this Agreement, “Intellectual Property Rights” mean any and all of the following: (a) inventions and patents and patent applications for the same; (b) trademarks, trade names, service marks and logos; (c) internet domain names registered by any authorized private registrar or governmental authority, web addresses, web pages, websites, and URLs; (d) works of authorship, expressions, designs, and design registrations, whether or not copyrightable, including copyrights and copyrightable works, software, and firmware, data, data files, and databases and other specifications and documentation; (e) confidential information, proprietary information, know-how and trade secrets; and (f) all other intellectual property rights or industrial property rights of any kind or nature (whether or not protectable under patent, copyright, trade secrecy or similar laws) that are conceived, discovered, developed, created or reduced to practice or tangible medium of expression by a party, their employees, consultants or agents, and all rights, interests, and protections that are associated with, equivalent or similar to, or required for the exercise of, any of the foregoing subsections (a)-(f), however arising, in each case whether registered or unregistered and including all registrations and applications for, and renewals or extensions of, such rights or forms of protection pursuant to the laws of any jurisdiction throughout in any part of the world.

CoverCat owns all rights, titles, and interests in the Services, the software accessed through the Services, the reports and additional features that CoverCat may further develop or generate at the Client’s request and all data generated pursuant to this Agreement including without limitation, all Intellectual Property Rights therein. These rights are protected by U.S. and international intellectual property laws. Client shall not copy, reproduce, alter, modify, or create derivative works from the Service. Save for the rights granted hereunder, Client shall not gain any title, right or interest in CoverCat’s Intellectual Property Rights and, in particular, shall have no right to sub-license its rights to use CoverCat’s Intellectual Property Rights to any other person without the prior written consent of CoverCat. Client grants to CoverCat the right to copy, reproduce, alter, modify, or create derivative works of such materials in connection with CoverCat’s provision of any service hereunder. Any data or other information generated or collected by CoverCat pursuant to this Agreement is the property of CoverCat. For the avoidance of doubt CoverCat shall own the following data collected from Client that is listed in CoverCat’s use of such data will be compliant with applicable federal and state laws and regulations.

Neither party may disclose, communicate or share confidential information of the other party except as required by law or expressly permitted in writing by the other party. “Confidential Information” shall include, but not be limited to: (a) information regarding a party’s or such party’s affiliates’ financial condition, information systems, business operations, plans or strategies, product information, and marketing and distribution plans, methods, and techniques; (b) information that is marked “confidential,” “proprietary” or in like words, or that is summarized in writing as confidential prior to or promptly after disclosure to the other party; (c) any and all related research; (d) any and all designs, ideas, concepts, and technology embodied therein; and (e) Guest information (including, but not limited to, name, address and phone number). Each party will hold the other party’s Confidential Information in confidence and will safeguard it in at least the same manner as a prudent businessperson would safeguard his or her own proprietary information and trade secrets. If a party attempts to use or disclose any of the Confidential Information in contravention of this Agreement, then in addition to other available remedies, the party who owns the Confidential Information shall have the right to injunctive relief enjoining any such attempt, it being acknowledged that legal remedies are inadequate.

11. Promotional and Marketing Material

(a) Client must obtain prior approval from the Insurer (such consent not being unreasonably withheld or delayed) on marketing or promotional material referring in whole or in part to our insurance policy and/or containing the Insurer’s trademarks to be used in relation to the policy on any medium including internet website, portal or similar online system.

(b) Client is entitled to produce marketing or promotional material observing the provisions defined in the Intellectual Property section of these Terms and Conditions and in accordance with applicable laws and regulations enrsuring all times that such material accurately reflect the insurance policy terms.

(c) Client shall not be entitled to use the Insurers trademarks other than with the Insurer’s consent.

(d) Client shall immediately inform the Insurer of any intended marketing or promotional material relating to our policy and shall, if requested by the Insurer, provide full details (including copies of such material) for the Insurer’s consideration.

12. Independent Contractors

CoverCat is an independent contractor providing services to Client and not an employee or agent of Client. This Agreement does not create a partnership or joint venture between the parties.

13. Terms and Termination; Suspension of Services

(a) The Parties may amend the CoverCat BV Customer Agreement from time to time to comply with applicable law, regulations or industry standards. If a Party objects to such amendment, the Party objecting the amendment may immediately terminate this Agreement.

(b) CoverCat may unilaterally amend the content of these general terms and conditions. If we do, we will inform you of this and send you the updated terms and conditions. You may object to the applicability of the amended terms and conditions within 30 days from the date on which you were informed of the relevant amendments. We will then consult with you on the substance of the relevant terms and conditions. If you do not object to the amended content of the general terms and conditions, they will apply from the date we have specified.

(c) CoverCat reserves the right to refuse Verification or Insurance Services to any Host or Guest with respect to any Host or Guest. CoverCat and Agency further reserves the right to suspend the Services and/or terminate this Agreement immediately if Client is in material breach of this Agreement. In addition, CoverCat may suspend the Services immediately and as necessary for any of the following reasons: (i) strikes, severe weather, earthquakes or other such events beyond our control that affect the operation of the System; (ii) interruptions or unavailability of the service connecting the System and the Network; (iii) the services used by CoverCat to provide Insurance or Verification Services are interrupted or terminated or materially changed (in which case CoverCat will use commercially reasonable efforts to provide a mutually agreeable replacement to the Client), or (iv) in the event that CoverCat is unable to provide Service due to some action or ruling by any regulatory, governmental authority, or other third party of competent authority and jurisdiction. In no event will CoverCat be liable for any damages or be subject to any penalty as a result of exercising its right to suspend or terminate this Agreement. All disclaimers of warranties, limitations of responsibility and liability, exclusions of damages and other remedies, and indemnification rights set forth in this Agreement shall survive its expiration or termination.

(d) Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Platform. We may suspend or terminate your rights to use the Platform (including your Account) at any time for any reason at our sole discretion, including for any use of the Platform in violation of these Terms. If you want to terminate the Platform provided by CoverCat, you may do so by notifying CoverCat with 30-days notice; provided, however, there are no current rental reservations outstanding. Your notice should be sent, in writing or by email, to CoverCat’s address set forth below. Upon termination of your rights under these Terms, your Account and right to access and use the Platform will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. CoverCat will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 1(c), 2, 3-12.

(e) Termination of the Agreement shall be in addition to and not in lieu of any equitable remedies available to CoverCat.

14. General

(a) CoverCat may include the name and logo of the Client in a list of accounts and references for CoverCat’s own marketing and promotional purposes, including CoverCat’s website, and PC agrees to respond to reasonable reference inquiries from prospective clients of CoverCat. Furthermore, the Parties will cooperate to promote their relationship and the Services, including the distribution of mutually agreed upon press releases to their respective email and press contact lists.

(b) Dispute Resolution. PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION (“ARBITRATION AGREEMENT”) CAREFULLY. It requires Client to report complaints according to the descriptions below and limits the manner in which Client can seek relief from CoverCat.

i. Complaints: We do our very best to ensure the quality of our services. Nevertheless, it may happen that you are not satisfied. If so, we would like to hear from you, because we take complaints about our services very seriously. We have an internal complaints procedure and are affiliated to the Financial Services Complaints Institute (Kifid) in the Netherlands. If you have a complaint, please notify us by email or letter. Our details are:

CoverCat
Vijzelstraat 68
1017 HL Amsterdam The Netherlands
Email: complaints@mycovercat.com

Once we have received your complaint you will receive written confirmation from us within 3 working days. You will receive an initial substantive response from us within 14 days.

ii. Kifid: We will make every effort to resolve the complaint to your satisfaction. If we fail to reach a joint solution, you can submit the complaint to the Financial Services Complaints Institute (Kifid). You must do this within three months of receiving a final response from us.

Financial Services Complaints Institute (Kifid)
P.O. Box 93257
2509 AG The Hague The Netherlands
Telephone (070) 333 89 99
www.kifid.nl

iii. Arbitration: If your complaint is unrelated to insurance or you choose to bypass the Kifid in favor of arbitration, or want to pursue a claim after a non-binding decision by Kifid, you agree that any dispute or claim relating in any way to your access or use of the Platform or to any aspect of your relationship with CoverCat, will be resolved by binding arbitration, rather than in court, except that (i) CoverCat may institute a cause of action in the courts of any applicable jurisdiction to seek payment of any amounts due to CoverCat and you may assert any mandatory counterclaims In that action, (ii) Client may assert claims in small claims court if such claims qualify, and (iii) Client or CoverCat may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of these Terms or any prior version of these Terms.

  1. Authority of Arbitrator. The arbitrator shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and CoverCat. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
  2. Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
  3. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with CoverCat.

(c) International Users. The Platform and its data are maintained in servers located in the European Union. The Platform can be accessed from countries around the world and may contain references to a Platform that is not available in your country. These references do not imply that CoverCat intends to announce such Platform in your country. The Platform is controlled by CoverCat BV and maintained by CoverCat staff located in the United States of America. CoverCat makes no representations that the Platform is appropriate or available for use in other locations. Those who access or use the Platform from other countries do so at their own violation and are responsible for compliance with local law.

(d) Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of The Netherlands.

(e) Export. The Platform may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from CoverCat, or any products utilizing such data, in violation of the United States export laws or regulations.

(f) Notice. Where CoverCat requires that you provide an e-mail address, you are responsible for providing CoverCat with your most current e-mail address. In the event that the last e-mail address you provided to CoverCat is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, CoverCat’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to CoverCat at the following address: CoverCat BV, Attn: Legal Department, Vijzelstraat 68, 1017 HL, Amsterdam NL; help@mycovercat.com . Such notice shall be deemed given when received by CoverCat and confirmed to you by non-automatic reply.

(g) Force Majeure. CoverCat shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, epidemics, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

(h) Entire Agreement. These Terms constitute the entire agreement between you and us regarding the use of the Platform and the Services we provide. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without CoverCat’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. CoverCat may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

(i) Questions, Complaints, Claims. If you have any claims or questions with respect to the Services or the Platform, please contact us at help@mycovercat.com and we will do our best to address your concerns immediately. If you have complaints, please contact us at complaints@mycovercat.com first to provide us with the opportunity to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
a. We are affiliated to the Financial Services Complaints Tribunal (Klachteninstituut Financiële Dienstverlening; KiFiD) under number 300.018731. If you are dissatisfied with the way we handled your complaint, you can submit your complaint to KiFiD. Please note, KiFiD manages financial and insurance claims only.
b. If you have a complaint about the work performed by us or the amounts we charge, you must submit a complaint in writing. The complaint must be submitted within one year after you received the documents, information or invoice your complaint pertains to or after you reasonably could have been aware of the failure you identified. After this term your right to hold us liable lapses.
c. All rights of claim and other entitlements you have in connection with the work we perform will in any event lapse five years after the date on which you became aware or could reasonably be expected to have become aware of the existence of these rights and entitlements.

Exhibit A
Definitions

The following terms shall have the meaning ascribed to them below for the Agreement to which this Exhibit is attached.

“Guest” means an authorized person obtaining temporary accommodations advertised and provided for rent through the Client.

“Guest Verification Services” means performing identity and sanctions checks.

“Host” means an authorized person (whether acting on his or her own behalf or on behalf of the underlying homeowner) who contracts Client for purposes of managing, advertising, and/or providing temporary accommodations, owns or controls, for rent by Guest through the Client and affiliated booking sites.

“Insured”, shall mean the application of CoverCat’s Rental Insurance Service for a Stay.

“Rental Insurance” means insurance of the type offered on PAGE 1 OF THE COVERCAT BV CUSTOMER AGREEMENT and is provided on behalf of Insurer.

“PMC” means a client, i.e. “Property Management Company” which is a company managing, distributing or marketing a Host’s properties.

“Properties” means the Host’s properties managed by the Client .

“CoverCat Portal” means CoverCat’s proprietary software and interfaces (API) to which the Client system will be integrated, reservations will be listed and in which the Client may initiate claims.

“Service” means the functions provided by CoverCat to Client through its online application programming interface (“API”) or web portal or other means for integration with Client’s System, as detailed further herein.

“Stay” shall mean a reservation for a rented use of a Host’s accommodations for a period of time by a Guest,

“System” means Client’s software application, which: (i) provides a user interface to its Users for listing, advertising, browsing, selecting, and renting temporary accommodations; and (ii) interacts with the features of the Service. It also includes CoverCat’s web portal and interfaces (API) and other means used to integrate with Client’s software application.

“Underwriter” means the company that underwrites the policy for CoverCat.

“User” means each Guest and/or, if applicable, Host authorized by Client to use the Verification Services.

“Verified” shall mean, with respect to Services procured by a Client with respect to a Guest or Host, the application of CoverCat’s Verification Services for such Guest or Host, respectively, and “Verification” shall have a correlated meaning. A Verification may include a denial.

Exhibit B
User Data

CoverCat may modify this Exhibit from time to time during the term of the Agreement. Client shall provide CoverCat with the following User data:

  • Guest name
  • Guest address
  • Guest DOB
  • Guest email
  • Rental home address
  • Rental home postal code
  • Rental home configuration
  • Rental home homeowner name
  • Booking channel
  • Reservation type
  • Rental rate / night
  • Booking date
  • Arrival date
  • Departure date
  • Guest performance (claim details)