Terms of Service

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Damage Coverage Plan

Updated On: March 20th 2018

Responsibility For Equipment

When a Member Borrows Equipment from another Member, the Borrower is solely responsible for the Equipment during the time the Borrower has Borrowed the Equipment (including any time after the period specified in the Sharing Agreement during which the Borrower has yet to return the Equipment to the Lender).

Nothing in this Program changes, reduces, subrogates, transfers, assigns, or otherwise modifies the Borrower's responsibility to the Member, and Shuttershare assumes no responsibility or liability to either the Borrower or the Lender for any loss, damage, theft, destruction, conversion or transfer, special or consequential damages arising from or in relation to, or any other reduction, diminution, or elimination of value of Equipment Shared using Shuttershare's Services.

In order to reduce your exposure for such damage, Shuttershare offers Damage Waiver options that will reduce (but not eliminate) your responsibility for accidental damage to the rented Gear up to the specified limit purchased and/or the listing Replacement Value, as determined by Shuttershare. In return for paying the cost of one of the Damage Waiver option, so long as you fully comply with Shuttershare’s Terms of Use and Renter Expectations and Terms, Shuttershare will be financially responsible for the accidental damage of the rented Gear, up to the limit purchased and/or the listing replacement value, for the duration of the rental transaction, minus any applicable deductible(s) (which can range, as the deductible is 12% the Gear Replacement Value (as provided on the Listing when a Renter requests a rental) of all the Gear in the Shuttershare Listing).

Any deductible(s) are due to Shuttershare or the Lister of the Gear upon payment of the claim. If the purchaser of the Damage Waiver option does not remit payment of the deductible amount which is due to Shuttershare or the Lister, Shuttershare reserves the right and the Renter agrees and authorizes Shuttershare to charge the Renter's payment method on the Renter's account or attempt to collect the debt using alternative methods.

The Damage Waiver options will apply to the rental transaction that is was purchased, under the Renter name, Rental Period dates, which may include a rented Gear limit, any deductibles per claim, Damage Waiver option fees paid, and the date paid.

IMPORTANT NOTICE:
The damage limitations set forth below are subject to your compliance with all of your obligations under the Terms of Use and Renter Expectations and Terms. Even if the Damage Waiver option is purchased, you agree that you will be responsible for the full amount of damages to or the loss of the rented Gear if you fail to comply with all of your obligations under the Terms of Use and Renter Expectations and Terms.

In order to reduce your exposure for such damage, Shuttershare offers Damage Waiver options that will reduce (but not eliminate) your responsibility for accidental damage to the rented Gear up to the specified limit purchased and/or the listing Replacement Value, as determined by Shuttershare. In return for paying the cost of one of the Damage Waiver option, so long as you fully comply with Shuttershare’s Terms of Use and Borrowers Terms, Shuttershare will be financially responsible for the accidental damage of the rented Gear, up to the limit purchased and/or the listing replacement value, for the duration of the rental transaction, minus any applicable deductible(s) (which can range, as the deductible is 12% the Gear Replacement Value (as provided on the Listing when a Renter requests a rental) of all the Gear in the Shuttershare Listing).

Any deductible(s) are due to Shuttershare or the Lister of the Gear upon payment of the claim. If the purchaser of the Damage Waiver option does not remit payment of the deductible amount which is due to Shuttershare or the Lister, Shuttershare reserves the right and the Renter agrees and authorizes Shuttershare to charge the Renter's payment method on the Renter's account or attempt to collect the debt using alternative methods.

The Damage Waiver options will apply to the rental transaction that is was purchased, under the Renter name, Rental Period dates, which may include a rented Gear limit, any deductibles per claim, Damage Waiver option fees paid, and the date paid.

IMPORTANT NOTICE:
The damage limitations set forth below are subject to your compliance with all of your obligations under the Terms of Use and Borrowers Terms. Even if the Damage Waiver option is purchased, you agree that you will be responsible for the full amount of damages to or the loss of the rented Gear if you fail to comply with all of your obligations under the Terms of Use and Borrowers Terms.

What The Program Is

The Program provides reimbursement of some or all of the cost of repairing or replacing Equipment that Shuttershare determines was accidentally damaged while it was Shared using Shuttershare's Services.

What The Program Isn't

This is not an insurance policy or program, and Shuttershare does not represent it as such. If You require insurance for any reason (including statutory or regulatory requirements, or as a term of a contract to which You are a party), You should not and cannot rely on this Program to meet that requirement. ShutterShrare accepts no liability beyond what is specifically provided for in this document, and will provide a benefit to no person other than as specified in this document, and under no circumstances except as specifically described in this document.

What The Program Covers

This program covers Equipment that Shuttershare, at its sole discretion, determines was accidentally or unintentionally damaged or destroyed during a period when it was Shared using Shuttershare's Services (including any time after the period specified in the Sharing Agreement, but before the Equipment was returned to the Lender).

If Shuttershare determines that Equipment was accidentally or unintentionally damaged or destroyed during a period when it was Shared using Shuttershare's Services (including any time after the period specified in the Sharing Agreement, but before the Equipment was returned to the Lender), then Shuttershare will determine, at its sole discretion, the appropriate cost to repair or replace the damaged or destroyed Equipment. The appropriate cost to repair or replace the damaged or destroyed Equipment will not exceed the replacement value of the Equipment specified by the Lender in the Equipment's Listing.

What The Program Doesn't Cover

This program covers damage or destruction that Shuttershare determines was accidental or unintentional. Damage or destruction that is not covered includes, but is not limited to:

  • intentional, deliberate, reckless, or negligent damage;
  • damage due to loss or theft;
  • normal wear and tear;
  • minor damage that is purely cosmetic or superficial in nature;
  • damage caused by weather or environmental factors, including humidity, dryness, heat, cold, water, sand, dirt, gas, or other contaminants;
  • damage that occurs during misuse of the Equipment, or use of the Equipment other than for its designed or intended purpose;
  • damage that occurs during use in contravention of the Shuttershare Membership Agreement, any Shuttershare policies, or applicable law, legislation or regulation;
  • inherent, latent, or preexisting damage or defects, including manufacturer's defects;
  • damage that occurs outside of Ontario or Quebec Canada;
  • damage that occurs during use by anyone other than the Borrower
  • damage as a result of fraud, deceit, scams, or any other crime; and
  • damage as a result of war, terrorist attack, earthquake, or act of god.
What The Program Pays Out

If Shuttershare determines that Equipment was accidentally or unintentionally damaged or destroyed during a period when it was Shared using Shuttershare's Services (including any time after the period specified in the Sharing Agreement, but before the Equipment was returned to the Lender), then Shuttershare will determine, at its sole discretion, the appropriate cost to repair or replace the damaged or destroyed Equipment.

Limits To The Payouts

The appropriate cost to repair or replace the damaged or destroyed Equipment will not exceed the replacement value of the Equipment specified by the Lender in the Equipment's Listing.

Making a Report

Reports must be made using Shuttershare's platform, at https://shuttershare.io/dpp-claim. Reports should include all information required by Shuttershare's platform, including photos or videos of the damage to the Equipment. The report should also include photos or videos indicating the condition of the Equipment before it was damaged or destroyed, if available. Shuttershare will not accept reports that are not made using Shuttershare's platform.

Borrowers must report damage or destruction immediately, or as soon as possible after the damage occurs or is discovered. If a Lender discovers damage or destruction after Equipment is returned, the Lender must report the damage or destruction as soon as the damage or destruction is discovered.

Shuttershare reserves the right to reject late or incomplete reports.

How We Decide

Shuttershare has sole discretion to determine:

  • whether or not equipment has been damaged or destroyed;
  • whether or not the damage or destruction was accidental or unintentional;
  • the appropriate cost to repair or replace the Equipment.

Shuttershare will review the report from the Borrower or Lender, including the police report. After reviewing the report, Shuttershare may seek further information or documentation from the Borrower or Lender (or both), and may conduct its own investigation. Shuttershare reserves the right to reject reports if Members do not respond to Shuttershare's requests in a timely fashion.

Shuttershare may contact outside experts in the course of its investigation. By purchasing the Theft Option, the Borrower agrees to allow Shuttershare to contact law enforcement agencies, and make any inquiries reasonably necessary to administer the Theft Option. The Borrower further agrees to take any steps and execute any documents required to allow Shuttershare to contact and make inquiries of law enforcement agencies.

Shuttershare's decisions are final, and are not subject to review or appeal. Shuttershare is under no obligation to provide reasons or explanations for any of its decisions. Shuttershare is not bound by its prior decisions or obliged to take prior decisions into account. Each of Shuttershare's decisions is without prejudice to any other decision Shuttershare may make in the future, and Shuttershare's decisions shall have no precedential value.

When submitting a claim on a damaged or stolen item that was rented through the Shuttershare platform and a damage waiver protection plan was purchased Shuttershare also requires Renters to also initiate a claim under their own or an associated 3rd party’s insurance policy (equipment policy, homeowner’s policy, tenant/renters policy etc.) that is directed at covering the damaged or stolen item on the Shuttershare transaction. Shuttershare also requires Listers to also initiate a claim under their own or an associated 3rd party’s insurance policy (equipment policy, homeowner’s policy, tenant/renters policy etc.) that is directed at covering the damaged or stolen item on the Shuttershare transactions. If either the Renter’s or the Lister’s or an associated 3rd part’s insurance policy reimburses the Owner for a claim or related to the claim that is reported to Shuttershare is fulfilled in regards to the item of which was damaged or Stolen during a Shuttershare transaction, Shuttershare will subtract this reimbursed amount of which was paid back to the owner from any financial responsibility Shuttershare may have to the owner.

Theft Option

What It Is

For an additional fee, the Theft Option provides a contribution towards some or all of the cost of replacing Equipment that Shuttershare determines was stolen while it was Shared using Shuttershare's Services, subject to the terms and limitations in this document.

What It Covers

The Theft Option covers Equipment that Shuttershare, at its sole discretion, determines was stolen through no fault of the Borrower during a period when it was Shared using Shuttershare's Services (including any time after the period specified in the Sharing Agreement, but before the Equipment was returned to the Lender).

If Shuttershare determines that Equipment was stolen through no fault of the Borrower during a period when it was Shared using Shuttershare's Services (including any time after the period specified in the Sharing Agreement, but before the Equipment was returned to the Lender), then Shuttershare will determine, at its sole discretion, the appropriate cost to replace the stolen Equipment. The appropriate cost to replace the stolen Equipment will not exceed the replacement value of the Equipment specified by the Lender in the Equipment's Listing.

What It Doesn't Cover

This program covers theft Shuttershare determines was not, in whole or in part, the fault of the Borrower. Situations that are not covered include, but is not limited to:

  • theft by the Borrower, or an employee or associate of the Borrower;
  • theft due to the Borrower's negligence or inattention, or the negligence or inattention of an employee or associate of the Borrower;
  • theft from a room, building, vehicle, closet, cabinet, or anything else that could have been locked but was left unlocked by the Borrower;
  • theft from a car or other vehicle.
  • The Theft Option does not apply in circumstances where an insurance policy or some other program will compensate either the Borrower or the Lender for the replacement value of the stolen Equipment.

The Theft Option does not cover any circumstances that are not the subject of a police report.

What It Pays Out

Shuttershare has sole discretion to determine the appropriate cost to replace the stolen Equipment. In any event the appropriate cost to replace the stolen Equipment will not exceed the replacement value of the Equipment specified by the Lender in the Equipment's Listing.

Making a Report

Reports must be made using Shuttershare's platform at https://shuttershare.io/dpp-claim. Reports should include all information required by Shuttershare's platform. Reports should include photos or videos indicating the condition of the Equipment at the time it was stolen. A report of theft must include a police report, and Shuttershare will not accept a report that does not include a police report.

How We Decide

Shuttershare has sole discretion to determine:

  • whether or not Equipment has been stolen;
  • whether or not the theft was the fault of the Borrower;
  • the appropriate cost to replace stolen Equipment.
  • Shuttershare will review the report from the Borrower or Lender, including the police report. After reviewing the report, Shuttershare may seek further information or documentation from the * Borrower or Lender (or both), and may conduct its own investigation. Shuttershare reserves the right to reject reports if Members do not respond to Shuttershare's requests in a timely fashion.

Shuttershare may contact outside experts in the course of its investigation.

By purchasing the Theft Option, the Borrower agrees to allow Shuttershare to contact law enforcement agencies, and make any inquiries reasonably necessary to administer the Theft Option. The Borrower further agrees to take any steps and execute any documents required to allow Shuttershare to contact and make inquiries of law enforcement agencies.

Shuttershare's decisions are final, and are not subject to review or appeal. Shuttershare is under no obligation to provide reasons or explanations for any of its decisions. Shuttershare is not bound by its prior decisions or obliged to take prior decisions into account. Each of Shuttershare's decisions is without prejudice to any other decision Shuttershare may make in the future, and Shuttershare's decisions shall have no precedential value.

Shuttershare requires that Renters initiate a claim under their own or an associated 3rd party's insurance policy (homeowner's policy, tenant/renter's policy, equipment policy, etc.) for any damage or theft of the rented Gear in the Listing. Shuttershare also requires that Owner's initiate a claim under their own or an associated 3rd party's insurance policy (homeowner's policy, renter's policy, equipment policy, etc.) for any damage or theft of the rented Gear in the Listing. If the Renter's , Owner's, or an associated 3rd party's insurance policy reimburses the Owner for a claim related to the claim that is reported to Shuttershare under the Damage Waiver Pro coverage (involves the same rented Gear), Shuttershare will subtract the reimbursement amount that is due or remitted to the Owner from any financial responsibility that Shuttershare may have to the Owner.

Found or Recovered Equipment

If Equipment is found or recovered after Shuttershare pays money in respect of that Equipment under the Theft Option, Members are required to immediately inform Shuttershare that the Equipment has been found or recovered. Upon Shuttershare's request, the Member or Members who received money in respect of Equipment that has subsequently been found or recovered must return that money to Shuttershare.