Bellhop is a property broker that connects Users, like you, with Third Party Providers who are able to provide you with the Services that you seek. While Bellhop attempts to connect you with only high quality Third Party Providers, Bellhop does not make any representations or warranties with respect to the quality of Services that you may receive and does not, and cannot, guarantee that any Third Party Provider will not damage or lose any of your property. As an independent property broker and referral service, Bellhop is not liable for any property damages that you may sustain as a result of the performance of the Services by Third Party Providers. Notwithstanding the foregoing, but subject to certain limitations and exclusions stated herein, Bellhop will agree to provide you with the voluntary damage protection set forth below if you timely file a claim with Bellhop (the “Damage Protection Policy”). Bellhop will not provide you with any other property damage protection other than as set forth below, and by placing an order with Bellhop, you understand and agree that you will not be entitled to recover from Bellhop for any other damages to your property, whether such damages arise in contract, tort, or otherwise. PLEASE READ THE FOLLOWING SECTIONS CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS. If you do not agree to Bellhop’s Damage Protection Policy or are in need of additional protection for your personal or real property, you should not place an order with Bellhop or should obtain additional insurance protection from a third party insurance carrier for your personal or real property prior to the performance of any Services.
Note that you may not obtain coverage under the Damage Protection Policy and obtain damages from a Third Party Provider or any insurance policy insuring such Third Party Providers). By choosing to pursue a claim under the Damage Protection Policy, you hereby waive and release the Third Party Providers from any and all liability for damages that you have sustained as a result of their performance of the Services and agree that the maximum liability for any damages to your personal or real property shall be as set forth herein.
In addition, in order to access and use the Third Party Providers on the Bellhop Platforms, you agree that no Third Party Provider shall be liable to you for any damages in excess of the damages to which you would be entitled under the Damage Protection Policy below, unless otherwise provided herein or set forth in a separate written agreement between you and the Third Party Provider. For the avoidance of doubt, this means that, in the absence of a separate written agreement, if you choose to pursue a claim against any Third Party Provider instead of filing a claim with Bellhop, your claim with such Third Party Provider shall be governed by the same terms, conditions, limitations, and waivers as set forth below. It is expressly acknowledged and agreed that the Third Party Providers are intended beneficiaries of the provisions of Section 8 (and each of its subparts 8.1 through 8.6) of these Terms. Notwithstanding the foregoing, the Recovery Rate (defined below) and the $2,000 limitation on liability (described below) shall not apply to a claim by you against a Driver (defined below) for damages caused to your personal property as a result of a motor vehicle accident, provided that such damages shall not exceed the limits of any applicable cargo or contingent cargo insurance policy. Such limitations shall, however, apply to any such claim by you against Bellhop or its subsidiaries and affiliates. Terms of Service