Date: 16 May 2024
Document: Rexby Private Day Tour Terms

1. Private Day Tour Guest Refund Policy

This Private Day Tour Refund Policy explains how refunds are handled when a Creator cancels a reservation or another Tour Issue disrupts an Private Day Tour.

What Tour Issues are covered

The term “Tour Issue” refers to the following situations:

• Creator cancels the Private Day Tour.
• Creator fails to deliver or fulfill the Private Day Tour
• Creator arrives more than 15 minutes late to the Private Day Tour causing the guest to abandon the Private Day Tour.
• Private Day Tour presents or entails a safety or health hazard that would reasonably be expected to adversely affect a guest’s participation.
• The actual Private Day Tour materially deviates from the Private Day Tour as described at the time of booking or from the Rexby Private Day Tours standards and requirements in a manner that would reasonably be expected to adversely affect a guest’s participation.

What happens if a Creator cancels the Private Day Tour

If a Creator cancels an Private Day Tour reservation, their guest automatically receives a full refund.
What happens if another Tour Issue disrupts an Private Day Tour
Other Tour Issues must be reported to us no later than 72 hours after they occur. If we determine that an Tour Issue has disrupted an Private Day Tour, we will provide a full or partial refund. The amount refunded depends on the severity of the Tour Issue, the impact on the guest, how the Private Day Tour was affected, and whether the guest was able to attend and participate in the Private Day Tour.

How to request a refund

To be eligible for a refund for an Tour Issue other than a Creator cancellation, the guest who made the reservation may submit a request by contacting the creator or hello@rexby.com. Request must be made to us no later than 72 hours after occurrence of the Tour Issue and supported by relevant evidence such as photographs or confirmation of the conditions by the Creator or other guests. We will determine whether an Tour Issue has occurred by evaluating available evidence.

How this Policy affects Creator

If a Creator cancels an Private Day Tour reservation or another Tour Issue disrupts an Private Day Tour, the Creator will either receive no payout or will have their payout reduced by the amount of the refund to their guest. In most circumstances we will attempt to confirm a guest’s request with their Creator. Creators can also submit an objection to an Tour Issue by contacting hello@rexby.com.

Other things to be aware of

This Policy applies to all reservations made on or after the Effective Date. When this Policy applies, it controls and takes precedence over the reservation’s cancellation policy. Before submitting a request for a refund, whenever feasible, the guest must notify the Creator and try to resolve the Tour Issue directly with their Creator. In connection with resolving the issue, guests can request refunds directly from Creator using the messaging feature. e may reduce the amount of any refund under this Policy to reflect any refund or other relief provided directly by a Creator.
Where a guest demonstrates that timely reporting of an Tour Issue was not feasible, we may allow for late reporting of the Tour Issue under this Policy. Tour Issues that are caused by the guest, co-travelers, or their invitees or pets are not covered by this Policy. Submitting a fraudulent report violates our Terms of Service and may result in account termination.
Our decisions under this Policy are binding, but do not affect other contractual or statutory rights that may be available. Any right that guests or Creator may have to initiate legal action remains unaffected. This Policy is not insurance and no premium has been paid by any guest or Creator. All rights and obligations under this Policy are personal to the booking guest and Creator of the reservation and may not be transferred or assigned. Any changes to this Policy will be made in accordance with our Terms of Service. This Policy applies to Private Day Tours by Creators on Rexby, but does not apply to other reservations.

2. Find the cancellation policy for your Private Day Tour reservation

You can find cancellation details on the Private Day Tour page under Things to know.To cancel a tour and request a refund message the creator. If you want to know what your potential refund will be read our Private Day Tour Guest Refund Policy

3. Rexby Private Day Tours: Guest Release and Waiver

Last Updated: May 16, 2024
If you reside within a country of the European Economic Area (EEA), Brazil, Mexico, Argentina or Australia, this Guest Release and Waiver does not apply to you.
In order to participate in an Private Day Tours, your Guide(s) require(s) you to accept this Guest Release and Waiver, which is effective between you and your Guide(s) as of the date when you first book or participate in an Private Day Tour, whichever happens first. All terms not defined here have the meaning given them in the Rexby Terms of Service and/or the Additional Terms for Private Day Tours creators.
You represent that you are 18 years of age or older. If you are bringing a minor as a Guest, you acknowledge and agree that you are solely responsible for the supervision of that minor throughout the duration of your Private Day Tour, and have read this Guest Release and Waiver and agree to it on the minor’s behalf. If you are booking an Private Day Tour on behalf of other Guests, you will ensure, and you represent and warrant, that each Guest on whose behalf you book has read and agreed to this Guest Release and Waiver, which shall apply to each of them as if the reference to "you" was a reference to him/her.

Assumption of Risks

You understand and acknowledge that the Private Day Tour(s) you sign up to do may be hazardous and may carry the risk of injury or illness, including sickness, physical injury, property damage, disability, permanent paralysis, and death.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF PARTICIPATING IN EACH PRIVATE DAY TOUR, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF THE GUIDE OR OTHERS, OR DEFECTS IN THE EQUIPMENT, PREMISES, OR FACILITIES USED DURING THE PRIVATE DAY TOUR, OR OTHERWISE, AND YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN THE PRIVATE DAY TOUR.

Release and Waiver

You acknowledge and agree that:

• You have reasonably assessed the risks involved in the Private Day Tour(s) and have made an informed and voluntary choice to participate.
• You alone, and not your Guide(s), are responsible for determining your fitness for participating in the Private Day Tour(s) and your ability to fully understand any directions or warnings presented.
• You will not participate in any Private Day Tour(s) when you have a physical, medical, or mental limitation or disability, or when you are aware or should reasonably be aware of any factors that may limit or prevent you from safely participating in that Private Day Tour(s)
• You will act reasonably and responsibly and will comply with any provided and customary conditions, directions, and/or precautions for participation in the Private Day Tour(s). If you notice any hazard during an Private Day Tour, you will stop participating in the Private Day Tour immediately.
  TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND PROMISE NOT TO SUE YOUR GUIDE(S) FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES (WHETHER ECONOMIC OR NON-ECONOMIC), DAMAGES, EXPENSES, COSTS OR LIABILITY OF ANY NATURE WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR PRIVATE DAY TOUR(S), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
  If you reside in California, you expressly waive the protection of Section 1542 of the California Civil Code (“Section 1542”), which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR. You understand and agree that claims or facts in addition to or different from those which are now known or believed by you to exist may hereafter be discovered.
  You intend this Guest Release and Waiver to be a complete and unconditional release of all liability to the greatest extent allowed by law. You agree that if any portion of this Waiver and Release is held to be invalid, the balance notwithstanding shall continue in full force and effect.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOSTS PROVIDE THE PRIVATE DAY TOUR(S) “AS IS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOST(S) EXPRESSLY DISCLAIM ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU.

Indemnification

You agree that if, despite this Guest Release and Waiver, you or anyone on your behalf make a claim against the Guide(s) relating to an Private Day Tour, you will indemnify and hold the Guide(s) harmless from any liability, demand, loss, damage, or costs which the Guide(s) may incur as the result of such claim.
You affirm that you HAVE READ THIS GUEST RELEASE AND WAIVER AND FULLY UNDERSTAND THE ASSUMPTION OF RISK, RELEASE, WAIVER, AND CONSENT CONTAINED IN IT. YOU FURTHER UNDERSTAND THAT YOU HAVE GIVEN UP RIGHTS BY AGREEING TO THESE TERMS, AND HAVE DONE SO FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT.

4. Additional Terms for Private Day Tour Creators

Additional Terms for Private Day Tour Creators

IF YOU RESIDE IN, OR THE ORGANIZATION YOU ARE ACTING FOR IS ESTABLISHED IN, THE UNITED STATES, PLEASE NOTE: THE ARBITRATION CLAUSE AND CLASS ACTION WAIVER CONTAINED IN THE REXBY TERMS OF SERVICE APPLY TO ANY DISPUTE RELATING TO THESE ADDITIONAL TERMS FOR PRIVATE DAY TOUR CREATORS.
Last Updated: May 16, 2024

These Additional Terms for Private Day Tour Creators ("Private Day Tour Creator Terms") govern your use of the Rexby Platform to list and offer Private Day Tours. By submitting an Private Day Tour to be listed on the Rexby Platform, you are agreeing to these Private Day Tour Creator Terms.
These Private Day Tour Creator Terms supplement the Rexby Terms of Service ("Terms") and, except as explicitly stated herein, the Terms apply in full to all Private Day Tour Creator. All capitalized terms not defined in these Private Day Tour Creator Terms have the meaning given to them in the Terms. Nothing in these Private Day Tour Creator Terms should be interpreted to amend or contradict the Terms unless explicitly stated. If there is a conflict between the Terms and the Private Day Tour Terms, these Private Day Tour Creator Terms control.

1. Listing an Private Day Tour. To list an Private Day Tour, you must create a Listing and submit the Private Day Tour to Rexby. Private Day Tours must at all times meet the standards and requirements for Private Day Tours. When listing an Private Day Tour you must, where applicable, fully educate and inform Guests about (i) any risks inherent or incidental to the Private Day Tour, (ii) any requirements for participation, such as the minimum age, related skills, or level of fitness, and (iii) anything else they may need to know to safely participate in the Private Day Tour (including dress codes, equipment, special certifications or licenses, etc.). Rexby reserves the right to decide, in its sole discretion, whether a submitted Private Day Tour will be published on the Rexby Platform. 
2. Guiding Rexby Guests. Once your Private Day Tour is published on the Rexby Platform, you will have the ability to add ideal dates and times when you offer your Private Day Tour through the Rexby Platform (an "Instance"). By making an Instance of your Private Day Tour available on the Rexby Platform, you agree that only people who book through Rexby can attend that Instance of the Private Day Tour. You further agree that you will not allow people to attend any Instance of your Private Day Tour available on the Rexby Platform unless that person booked through Rexby (or was added as an additional Guest for a spot booked through the Rexby Platform).
3. Equipment. You are responsible for providing all equipment, including supplies, vehicles, venues and other materials ("Equipment") necessary to guide your Private Day Tour. You are solely responsible for ensuring that the Equipment used in your Private Day Tour is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability. Except as otherwise required by law, you assume all risk of damage or loss to your Equipment.
4. Additional Private Day Tour Creator Responsibilities. You are responsible for (i) understanding and complying with all laws, rules and regulations that may apply to your Private Day Tour, (ii) obtaining any required licenses, permits, or registrations prior to providing your Private Day Tour; and (iii) ensuring that your Listing and/or Guiding of an Private Day Tour will not breach any agreement you may have with any third party.
5. Termination. As an Private Day Tour Creator, you may terminate this agreement for any reason and at any time by sending us an email or by removing all of your Private Day Tours from the Rexby Platform. Rexby may terminate this agreement, stop providing access to the Rexby Platform, deactivate your account, remove your Listing(s), or any combination thereof, for any reason by providing you 30 days’ notice via email or using any other contact information you have provided for your account. Rexby may also terminate this agreement, stop providing access to the Rexby Platform, deactivate your account, remove your Listing(s), or any combination thereof, immediately and without notice if: (i) you materially breach this agreement and/or our other Terms or Policies, (ii) you materially fail to comply with the standards and requirements for Private Day Tours, (iii) you violate applicable laws, or (iv) we reasonably believe termination is advisable to protect Rexby, its Members or third parties. If your Listing has been inactive for 120 or more days, we may remove it from Rexby.
6. Guiding as a Team or Organization. You must provide your Private Day Tour in person and may not allow any third party to provide the Private Day Tour on your behalf, unless authorized by Rexby. Any member of a team, business, or organization that interacts with Guests must be added to an Private Day Tour via the method designated by the Rexby Platform.
7. Insurance. We may require that you obtain your own insurance in order to publish an Private Day Tour on the Rexby Platform. We will provide you with reasonable notice of any changes to insurance requirements that apply to your Private Day Tour. In such cases, you agree to obtain and maintain insurance for you, the members of your team or organization, and/or your Private Day Tours with the coverage and in the amounts determined by us in our sole discretion for any and all activities that take place on your Private Day Tour. You agree to cooperate with Rexby to verify such insurance coverage. In the event that Rexby has obtained its own liability insurance that covers your Private Day Tour, your insurance will be the primary source of coverage and Rexby’s insurance will operate as excess or secondary insurance for any amounts exceeding your coverage. Our procurement of such secondary insurance coverage does not relieve you of your obligation to obtain insurance in amounts required by us. 
8. Severability. If any provision or part of a provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.
9. Modifications to these Private Day Tour Creator Terms. Rexby reserves the right to modify these Private Day Tour Creator Terms at any time in accordance with the Terms.
10. Survival. Unless you reside in the European Economic Area, United Kingdom, or Switzerland, if you or we terminate these Private Day Tour Creator Terms, the clauses of these Private Day Tour Creator Terms that reasonably should survive such termination will remain in effect. When these Private Day Tour Creator Terms are terminated, you are not entitled to a restoration of your account (if your account is canceled) or of the Member Content.

5. Rexby Private Day Tours standards and requirements

In addition to behaving in accordance with our Terms of Service  which apply to all community members, Rexby Private Day Tours —including their Co-Guides and assistants—must abide by our Additional Terms for Private Day Tour creators and meet the following standards and requirements.
Before any Private Day Tour is published, it is reviewed based on the below criteria and it must continue upholding these standards to remain on Rexby. If an Private Day Tour doesn’t meet these requirements, the listing or associated account may be restricted, suspended, or removed from Rexby.

Private Day Tour requirements

What doesn't qualify as a Private Day Tour

Accommodations

Private Day Tours that include accommodations or lodging of any kind are not permitted.

Activities with special requirements or restrictions

Technically-specialized outdoor activities

Certain activities aren’t allowed on the platform. This includes, but is not limited to, activities involving extreme heights or caves (ex: bungee, skydiving, heli-skiing, cave diving), certain ocean activities (ex: free diving, kiteboarding, shark diving), and certain ice or mountain activities (ex: canyoneering, ice climbing, free climbing).

Sexually suggestive activities

Private Day Tour that include sexual content or nudity must have a minimum age limit of 18+, must disclose the presence of nudity, and must take place in a public place (not a private residence). Creators must also provide behavior requirements for Creators and guests during the Private Day Tour, and specify how guests can opt out of the activity if they feel uncomfortable. Sexually explicit content is not permitted on the platform.

Weapons

We only allow the use of projectile weapons when the Creator has a valid license and insurance. Private Day Tours involving firearms must have a minimum guest age limit of 18+.

Political activities

We don’t allow Private Day Tours that include direct political actions, like campaigning and fundraising, or activities that violate local laws. Political activities that are informational and educational in nature are permitted.

Cooking Experiences

1.Keep things clean
While most microorganisms don’t cause disease, dangerous microorganisms are widely found in soil, water, animals, and people. These can be carried on hands, cleaning cloths, utensils, and especially cutting boards.
Wash your hands before handling food and often during food preparation
Wash your hands after going to the toilet
Wash and sanitize all surfaces and equipment used for food preparation
Protect kitchen areas and food from insects, pests, and other animals
2. Separate raw and cooked foods
Raw food, especially meat, poultry, and seafood can also contain dangerous microorganisms that may be transferred onto other foods during food preparation and storage.
Separate raw meat, poultry, and seafood from other foods
Use separate equipment and utensils, such as knives and cutting boards, for handling raw foods
Store raw and prepared foods in separate food containers to avoid contact between them
3. Cook food thoroughly
Cooking food to a temperature of 158℉/70℃ can kill almost all dangerous microorganisms and ensure it’s safe for consumption.
Cook food thoroughly, especially meat, poultry, eggs, and seafood
Bring foods like soups and stews to boiling to make sure they have reached 158℉/70℃ 
Reheat cooked food thoroughly
Foods that require special attention include minced meats, rolled roasts, large joints of meat, and whole poultry.
4. Keep food at safe temperatures
Microorganisms can multiply very quickly if food is stored at room temperatures. By holding at temperatures below 41℉/5℃ or above 140℉/60℃, the growth of microorganisms is slowed down or stopped.
Don’t leave cooked food at room temperature for more than two hours
Refrigerate all cooked and perishable food promptly (preferably below 41℉/5℃)
Keep cooked food above 140℉/60℃ prior to serving
Don’t store food too long, even in the refrigerator
Don’t thaw frozen food at room temperature
Be aware that some dangerous microorganisms still grow below 41℉/5℃
5. Use safe water and quality raw ingredients
Raw ingredients as well as water and ice may be contaminated with dangerous microorganisms and chemicals. In addition, toxic chemicals may be formed in damaged and moldy foods. Carefully selecting ingredients, and washing and peeling foods, may reduce risk.
Use safe water or treat it to make it safe
Select fresh foods
Choose foods processed for safety, such as pasteurized milk
Wash fruits and vegetables, especially if eaten raw
Don’t use food beyond its expiration date
Find more detailed guidelines about this at the Pan American Health Organization.

Animals Experiences

Quality standards for animals on Rexby Private Day Tours

For animals on Rexby Private Day Tours, every host must demonstrate specific eligibility standards. Animals are a part of the community and want to ensure that every Rexby Private Day Tour is guided responsibly.
Every animal experience submitted to Rexby is reviewed to make sure it meets the following two quality standards, which are required in order to host this specific category: 

• Animal champions: You can be anything from a thoughtful pet owner to an animal advocate. Either way, you care about, live with, or work alongside animals. When it comes to wild animals, you have deep expertise and knowledge about the animals.
• Responsible interactions: You focus on both the guest and animal’s wellbeing throughout the Private Day Tours, and prioritize the animal’s comfort, welfare, and safety. You also comply with our animal welfare policy, co-authored by World Animal Protection.
  If your Private Day Tour doesn’t meet the above standards, it may not be listed on Rexby.

Listing page requirements

The Private Day Tour itinerary must be clear, complete, and accurate. Guests should know exactly what to expect upon booking the Private Day Tour. This applies to all Private Day Tour details, including:

• What guests will be doing
• Meeting address and instructions for meeting up with the Creator
• What’s included in the price (ex: what the Creator is providing for guests)
• What guests need to bring with them (ex: extra cash to buy food that’s not included)

No "open-ended" itineraries

Each Private Day Tour must have a clear, pre-defined itinerary—we can’t accept “open-ended” plans where guests are asked to define an Private Day Tour itinerary, or choose activities or locations. It’s OK to include minor variations.

Allowed

• “My baking is different based on the day of the week. On Mondays, we bake bread, and on Tuesday, we bake cookies."
• "We’ll visit galleries of upcoming artists. Each afternoon, I’ll choose a different artist depending on the artists generating the most interest at the time." This is OK because the main activity—gallery tours— remains the same.

Not allowed

• "I’ll meet guests for coffee and then we’ll see where the afternoon takes us!"
• "During the tour, guests can choose from among several different activities, including rafting or visiting the temples, or many others."

Hosting standards

Guests should always know exactly who will be guiding them

If a friend, partner, or a team is helping you guide or manage your Private Day Tour, they must be registered as a Co-Guide or assistant via the Rexby Platform. Co-Guide must also be assigned to the instances they are leading so that guests know their Guide in advance.

Creators may not hand guests off to 3rd party suppliers, or leave guests on their own without a Guide

Guides and Co-Guides must personally lead their guests throughout the entirety of the Private Day Tour.

Only Rexby guests on an Rexby Private Day Tour

Once a Guide lists an Private Day Tour for a particular time and date on Rexby, only Rexby guests can attend that instance of the Private Day Tour. Guides are not permitted to mix guests from Rexby and other platforms on the same instance of an Private Day Tour.

Creators must honor all booked reservations

Creators must honor their reservations, unless the Creator must cancel due to a valid extenuating circumstance, safety concerns, or dangerous weather conditions.

What we don’t allow on Private Day Tours

Mistreatment of animals

Violations include direct interactions with wild animals (ex: riding, petting, feeding), dog sledding, the purchase or consumption of wild animal products, and certain other activities.

Intellectual property violations

We do not permit the use of copyrighted work such as music, videos, photography, or literature unless the work was created or properly licensed by the Creator, or is in the public domain. We also prohibit the unauthorized use of other types of intellectual property such as trademarks (ex: brand names) or individual names (ex: celebrities) that suggest an endorsement of, or affiliation with, a Creator or Private Day Tour.

Violation of local laws or restrictions

Creators are responsible for understanding and complying with all applicable laws, rules, regulations, and other requirements that apply to their Private Day Tours. Creators can find information about some of the legal obligations that may apply to their Private Day Tour, including information about food, alcohol, the use of public lands, and tour guiding.

Inappropriate content and discrimination

We do not tolerate any form of discrimination, harassment, or dissemination of inappropriate content within our community.

Payments outside of Rexby's system

Private Day Tour Creators may not solicit an online or offline payment from guests.

6. Private Day Tour liability insurance

Private Day Tour liability insurance provides Creators with $1 million in coverage in the rare event you are found legally responsible for a guest getting hurt or their belongings being damaged or stolen during an Rexby Private Day Tour. People who help you guide, like Co-Guides, are also included, so you can feel confident guiding on Rexby.

Start a liability claim

File a claim if a guest gets hurt or their belongings are damaged or stolen.
Send an email to hello@rexby.com

What's covered

Private Day Tour liability insurance covers you if you’re found legally responsible for:

• Bodily injury to a guest (or others)
• Damage to or theft of property belonging to a guest (or others)

You’re also covered while you’re preparing an area for an Private Day Tour or cleaning it up afterward.
Private Day Tour liability insurance doesn't cover:

• Damage or injury to a guest resulting from something done intentionally
• Damage, loss, or theft to your personal property
• Private Day Tours involving aircraft or certain types of extreme activities (like bungee jumping)
• Online-related risks such as defamation, theft of electronic data, or infringement of intellectual property rights
• Other exclusions apply

The claims process

If you need to file a claim, just fill out our send an email to hello@rexby.com . The info will be sent to our trusted third-party insurer, who will assign your claim to a representative. They’ll resolve your claim according to the terms of the insurance policy.

No opt-in required

The benefits are always included and always free. By simply agreeing to guide or continuing to guide an Private Day Tour, you are automatically covered whenever you guide an Rexby Private Day Tour. 

If you want to opt out

Email us from the email address associated with your Creator account. Be sure to include the exact title of your listing, your full name, and the phone number associated with your Creator account.
The email link above is only for opting out.
Please note that Creators in the UK can’t opt out of this free liability insurance.

7. Private Day Tour Liability Insurance Program Summary

About Private Day Tour liability insurance

Private Day Tour liability insurance is a key component of the value proposition for Creators. The Private Day Tour liability insurance program (“PDTLI program”) insures Private Day Tour Creators, in certain countries, for their legal liability for bodily injury or property damage to guests or others resulting from an event that happens during a guest’s participation in an Rexby Private Day Tour, subject to the terms, conditions, and exclusions of the Private Day Tour liability insurance.
The PDTLI program only insures Private Day Tour Creators for their liability to others, so injury to the Private Day Tour Creator, or damage or loss to their own property, is not covered. There is no additional cost to Creators for them to be insured under the PDTLI program.
Subject to the policy’s terms, insurance coverage under the PDTLI program generally provides Creators with primary liability insurance while guiding an Private Day Tour. If the PDTLI program is primary, that means it will generally pay covered damages on behalf of Creators before and regardless of any separate insurance they may have that might otherwise apply. In some instances, the Creator may be asked to provide evidence of their own insurance. Creators or their insurance advisers should check the terms and conditions of their own insurance policy.
For a small subset of Private Day Tour, the PDTLI program is not applicable and where this is the case, Creators may want to consider whether or not they need to take out their own liability insurance for the Private Day Tour.

Insurance policy period

The current term of the PDTLI program is effective to at least May 16, 2024.

Coverage eligibility

Creators who list Private Day Tour on Rexby’s Platform are insured under the PDTLI program during the Private Day Tour period, unless the Private Day Tour is not covered by the PDTLI program. If applicable, the PDTLI program covers Private Day Tour Creators for incidents that result in the Private Day Tour Creator’s legal liability resulting from a bodily injury or property damage claim arising from a guest’s participation in an Rexby Private Day Tour. The incident must also occur during the Rexby Private Day Tour Period and the Private Day Tour must have been arranged using the Rexby Platform.

1. Private Day Tour: An Private Day Tour is a guided activity accessed through Rexby’s website or associated mobile application. An activity agreed directly between Rexby and the Private Day Tour Creator also qualifies as an Private Day Tour.
2. Rexby Platform: Rexby Platform refers to rexby.com and the associated mobile application.
3. Private Day Tour Creators: An Private Day Tour Creator is a person or entity who has completed the Rexby account registration process, including consenting to the Rexby Terms of Service, and lists their Private Day Tour on the Rexby Platform. Private Day Tour Creator also includes Co-Guide or others that provide related services in connection with the Private Day Tour.
4. Private Day Tour Period: An Private Day Tour Period refers to the period of time while a Guest is engaged in a registered Private Day Tour. Private Day Tour Period may also include the period of time during which the Private Day Tour Creator is preparing an area for the Private Day Tour —whether before it begins or after it ends.
5. Guest: A Guest is a person who has completed the Rexby account registration process, including consenting to the Rexby Terms of Service, and signed up for one or more Private Day Tour via the Rexby Platform. Anyone expressly invited by Rexby to participate in an Private Day Tour is also a Guest, as is an approved companion or companions accompanying any Guest as described above.

Private Day Tour that are not covered

As previously mentioned, the majority of Private Day Tour are covered on a primary basis by the PDTLI program. However, some Private Day Tour are covered only on a contingent basis or are not at all by the PDTLI program.
The PDTLI program will apply on a contingent basis to those Private Day Tour involving watercrafts and automobiles.
The PDTLI program does not apply to the following Private Day Tours:

• cliff camping
• cliff jumping
• hang gliding/paragliding
• kitesurfing/kite boarding
• rappelling/abseiling
• rock climbing/mountain climbing (with ropes)
• shark diving
• skydiving (tandem)
• stunt driving/stunt jumping
• toboggan/luge/bobsled/skeleton

Liability limits

Up to $1,000,000 USD per Guest per Private Day Tour Period.

Exclusions

The PDTLI program excludes from coverage:

• Aircraft and Mobile Equipment: injury or damage connected in any way to aircraft and mobile equipment.
• Assault and Battery: any loss or expense caused by, arising out of, or resulting directly or indirectly, in any way from assault and/or battery of any person committed by or alleged to have been committed by any insured.
• Communicable Disease: any bodily injury, property damage, or other loss arising out of the actual or alleged transmission of a communicable disease.
• Contractual Liability: liability for bodily injury or property damage where the insured is obligated to pay damages they have assumed in a contract or agreement. This exclusion doesn’t include legal liability the insured would have without a contract or agreement.
• Cross Suits: any claims brought by one insured against another insured.
• Distribution of Material in Violation of Statutes: bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate any statute, ordinance, or regulation, that prohibits or limits the sending, transmitting, communicating, or distributing of material or information.
• Electronic Data: damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data.
• Employment Related Practices: bodily injury arising out of refusal to employ a person; termination of a person’s employment; or employment-related practices, policies, acts, or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination, or malicious prosecution directed at that person. This exclusion applies whether the injury-causing event occurs before employment, during employment, or after employment of that person, and whether or not the insured may be liable as an employer or in any other capacity.
• Expected or Intended Injury: bodily injury or property damage the insured intended to happen, or should have expected to happen. For example, if a Creator were to deliberately destroy property of a guest, this coverage wouldn’t apply, even if the Creator were legally responsible for that damage.
• Fungi or Bacteria: bodily injury or property damage arising from or connected to inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, any fungi or bacteria on or within a building or structure, including its contents. This exclusion does not apply to any fungi or bacteria that are, are on, or are contained in, a good or product intended for consumption.
• Liquor Liability: injury or damage for which any insured may be held liable because they:
  • Caused or contributed to the intoxication of any person
  • Provided alcoholic beverages to a person under the legal drinking age or under the influence of alcohol
  • Violated any statute, ordinance, or regulation relating to the sale, gift, distribution, or use of alcoholic beverages

This exclusion only applies if you are in the business of manufacturing, distributing, selling, serving, or furnishing alcoholic beverages, and does not apply to Private Day Tour Creators that make alcoholic beverages available during an Private Day Tour.

• Loss of, or Damage to, Certain Property: property damage to:
  • Property you own, rent, or occupy
  • Property loaned to you
• Damage to Property, Impaired Property, and Your Product: certain types of losses that would normally only be covered if you make products or work as a contractor at a location. These excluded losses involve property damage to:
  • The exact part of any real property that you, or any contractors or subcontractors are working on, if the property damage arises from that work
  • The exact part of any property that must be restored, repaired, or replaced, because your work was incorrectly performed on it
  • Impaired property or property that has not been physically injured, but is still less useful, arising from a defect, deficiency, inadequacy, or dangerous condition in your product or your work
  • Impaired property or property that has not been physically injured, but is still less useful, arising from a delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms
  • Your product, including losses arising out of your product or any part of it
  • Your work, including losses arising out of it or any part of it
• Nuclear Risks: any loss or damage resulting from the hazardous properties of nuclear material.
• Personal and Advertising Injury: losses, including consequential bodily injury that arise out of claims, such as:
  • False arrest, detention, or imprisonment
  • Malicious prosecution
  • Wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling, or premises that a person occupies, committed by or on behalf of its owner, landlord, or lessor
  • Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person’s or organization’s goods, products, or services
  • Oral or written publication, in any manner, of material that violates a person’s right of privacy
  • Use of another’s advertising idea in your advertisement
  • Infringing upon another’s copyright, trade dress, or slogan in your “advertisement”
• Pollution: bodily injury or property damage arising from pollutants of any kind. There is an exception for losses originating from equipment that is used to heat, cool, or dehumidify the building, or equipment used to heat water, for personal use, by the building's occupants or their guests. There is also an exception for injury or damage arising out of a fire that escapes its normal location (hostile fire).
• Products and Completed Operations: bodily injury or property damage occurring away from premises you own or rent and arising out of any goods or products, other than real property, manufactured, sold, handled, distributed, or disposed of by you or other trading under your name.
• Products Recall: damages claimed for any loss, cost, or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal, or disposal of your product, your product, work, or impaired property. Impaired property means tangible property that cannot be used or is less useful because it incorporates your product or work and such product or work is thought to be defective, deficient, inadequate, or dangerous.
• Punitive or Exemplary Damages: punitive or exemplary damages, fines, or penalties, except where such damages are insurable by law.
• Sexual Assault: any loss or expense caused by, arising out of, or resulting directly or indirectly, in any way from sexual abuse or molestation of any person committed by or alleged to have been committed by any Insured.
• Silica, Silica Dust, Lead, and Asbestos: bodily injury or property damage arising from or connected in any way to silica, silica dust, lead, or asbestos.
• War: bodily injury or property damage arising, directly or indirectly, out of:
  • War, including undeclared or civil war
  • Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents
  • Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these
• Workers’ Compensation and Employers’ Liability: any obligation of the insured under a workers’ compensation, disability benefits, or unemployment compensation law or any similar law. Bodily injury to any employees of the insured (or any of their family members) arising out of their employment by an insured or performing duties related to the conduct of an insured’s business. This exclusion applies whether the insured may be liable as an employer or in any other capacity

Claims

Please immediately send an email to hello@rexby.com if you become aware of any bodily injury or property damage that may be a subject to coverage under the PDTLI program. After the intake form is completed, a third-party claims adjuster appointed by the insurer will get in touch with you to discuss the claim and gather information. The adjuster will then settle the claim in accordance with the terms of the PDTLI program and applicable laws and regulations in the applicable jurisdiction.

Questions

Please send an email to hello@rexby.com if you have questions regarding the coverage made available under this program.

Complaints

If you or another insured under the policy wishes to raise a complaint, you can do so by contacting the creator through the Rexby messaging feature or by sending an email to Rexby through hello@rexby.com.