Sura Hospitality Liability Wording

1. SURA HOSPITALITY LIABILITY INSURANCE
SHLIAB1.0 05-2014

2. IMPORTANT
INFORMATION
ABOUT SURA HOSPITALITY
Sura Hospitality Pty Ltd, ABN 21 051 930 105
AFSL 255 319 (Sura Hospitality) has developed
this Liability insurance policy which is underwritten
by the insurer(s) referred to below.
Sura Hospitality will be acting under an authority given to
it by the Insurers. This means that when issuing this Policy,
Sura Hospitality will be acting as an agent for the Insurers,
not for You.
Our contact details are:
Level 10, 460 Bourke Street
Melbourne, VIC, 3000
Telephone. 03 8823 9460
Facsimile. 03 8823 9440
ABOUT THE INSURERS
This insurance is underwritten by certain
Underwriters at Lloyd’s.
Lloyd’s has been insuring Australian risks for over 150 years
and is licensed to write non-life insurance business under the
Australian Insurance Act 1973. You or Your representatives
can obtain further details of the syndicate numbers and
the proportions of this insurance for which each of the
Underwriters at Lloyd’s is liable by requesting them from Us.
In the event of loss, each Underwriter (and their Executors
and Administrators) is only liable for their own
share of the loss.
Lloyd’s Underwriters have strong financial security
characteristics. However, please note that ratings can vary
from time to time. You can check the Insurer’s current
ratings at the following website Standard & Poors:
www.standardandpoors.com
You should contact Sura Hospitality in the first instance in
relation to this insurance.
Lloyd’s contact details are:
Lloyd’s Underwriters’
General Representative in Australia
Suite 2, Level 21 Angel Place,
123 Pitt Street
Sydney, NSW, 2000
Telephone. 02 9223 1433
ASSUMED LIABILITY AND WAIVED RIGHTS
If You have entered into an agreement with another party:
– where You are assuming a greater liability than would
apply had You not entered into that agreement; or
– which prevents You from taking a recovery action for
indemnity or contribution from that party
it may adversely affect Your rights to cover under this Policy.
COMPLAINTS AND DISPUTE RESOLUTION PROCESS
We view seriously any complaint made about Our products
or services and will deal with it promptly and fairly.
If You have a complaint please first try to resolve it by
contacting the relevant member of Our staff.
We will seek to resolve the matter in accordance with
the General Insurance Code of Practice and Our Dispute
Resolution procedures. You can contact Us if You want more
information on Our Dispute Resolution procedures.
If the matter is still not resolved, or You are not satisfied
with the way a complaint has been dealt with, you should
write to:
Lloyd’s Underwriters’
General Representative in Australia
Suite 2, Level 21 Angel Place,
123 Pitt Street
Sydney, NSW, 2000
If You are a natural person or a small business, and You are
not satisfied with the final decision, You may wish to contact
the Financial Ombudsman Service (“FOS”). The FOS is a free
independent external disputes resolution service provided to
customers to review and resolve complaints where We have
been unable to satisfy Your concerns.
For further details You can visit their website at
www.fos.org.au or contact them:
The Financial Ombudsman Service
PO Box 3
Melbourne, VIC, 3001
Telephone. 1300 78 08 08
Email. info@fos.org.au
SURA HOSPITALITY LIABILITY INSURANCE 2

3. DISCLAIMER
When You enter into this Policy You confirm and warrant that
You have read the Policy documents provided to You.
GENERAL INSURANCE CODE OF PRACTICE
We proudly support the General Insurance Code of Practice.
The purpose of the Code is to raise the standards of practice
and service in the general insurance industry.
The Code aims to improve:
– the quality, comprehension and accuracy of policy
documents and other information provided to
consumers;
– employee and agent training and supervision;
– Claims handling and dispute resolution.
For further information on the Code, please visit
www.codeofpractice.com.au or alternatively You can
request a brochure on the Code from Us.
GOODS AND SERVICES TAX (GST)
The amount payable by You for this Policy includes an
amount for GST.
The Limit of Indemnity and all other limits applicable to this
Policy are GST inclusive.
When We pay a Claim, Your GST status will determine the
amount We pay.
The amount that We are liable to pay under this Policy will be
reduced by the amount of any Input Tax Credit (ITC) that You
are or may be entitled to Claim for the supply of goods or
services covered by that payment.
You must advise Us of Your correct Australian Business
Number (ABN) and Taxable Percentage. Taxable Percentage
is Your entitlement to an ITC on Your premium as a
percentage of the total GST on that premium. Any GST
liability arising from Your incorrect advice is payable by You.
Where the settlement of a Claim is less than the applicable
Limit of Indemnity or the other limits applicable to this
Policy, We will only pay the GST (less Your ITC) applicable
to the settlement. This means that if these amounts are not
sufficient to cover the whole Claim, We will only pay the GST
relating to Our share of the settlement for the whole Claim.
We will pay the Claim by reference to the GST exclusive
amount of any supply made by any Business of Yours which
is relevant to the Claim.
GST, ITC, BAS and Acquisition have the same meaning as
given to those words or expressions in A New Tax System
(Goods and Services Tax) Act 1999 and related legislation as
amended from time to time.
PRIVACY STATEMENT
In this Privacy Statement the use of “We”, “Our” or “Us”
means Sura Hospitality and the Insurers unless specified
otherwise.
In this Privacy Statement the use of “personal information”
includes sensitive information.
We are committed to protecting the privacy of the personal
information You provide to Us.
The Privacy Act 1988 contains the Australian Privacy
Principles which require Us to tell You that We collect,
handle, store and disclose Your personal and sensitive
information for the specific purpose of:
– deciding whether to issue a policy,
– determining the terms and conditions of your Policy,
– compiling data to help develop and identify other
products and services that may interest clients, and
– handling Claims.
Personal information is information or an opinion about
an identified individual, or an individual who is reasonably
identifiable:
a) whether the information or opinion is true or not;
b) whether the information or opinion is recorded in a
material form or not.
SURA HOSPITALITY LIABILITY INSURANCE 3

4. IMPORTANT
INFORMATION
Sensitive information includes, amongst other things,
information about an individual’s racial or ethnic origin,
political opinions, membership of a political organisation,
religious beliefs or affiliations, philosophical beliefs,
membership of a professional or trade association,
membership of a trade union, sexual orientation or practices,
criminal record, health information about an individual,
genetic information, biometric information or templates.
You have given Us Your consent to collect, use and disclose
Your personal and sensitive information in order to provide
You with the relevant services and/or products.
When You give us personal information about other
individuals, We rely on You to have made or make the
individual aware that You will or may provide their personal
information to Us and the types of other parties and service
providers We may provide it to, the relevant purposes We
and the other parties and service providers will use it for, and
how they can access it. If You have not done or will not do
either of these things, You must tell Us before You provide
the relevant personal information to Us.
We disclose personal information to other parties and
service providers whom We believe are necessary to assist
Us and them in providing the relevant services and/or
products. For example, in handling Claims, We may have to
disclose Your personal and other information to other parties
and service providers such as Our claim management
partner, other insurers, reinsurers, loss adjusters, external
claims data collectors, investigators and agents, facilitators,
assessors or other parties as required by law. We limit the
use and disclosure of any personal information provided by
Us to them to the specific purpose for which We supplied it.
We may disclose Your personal information to Our insurers,
reinsurers, related entities and service providers overseas,
including but not limited to New Zealand, Singapore, United
Kingdom, the Philippines, the European Union and the
United States of America.
If You do not provide the personal information requested
and/or do not provide Us with Your consent to the use and
disclosure of Your personal information as set out in this
Privacy Statement, Your insurance application may not be
accepted, or We may not be able to administer Your Policy,
or You may be in breach of Your duty of disclosure, the
consequences of which are set out under the heading Duty
of Disclosure in this document.
If You would like a copy of Our Privacy Policies, would like
to seek access to or correct Your personal information, opt
out of receiving materials We send, complain about a breach
of Our privacy or You have any query on how Your personal
information is collected or used, or any other query relating
to Our Privacy Policies, please contact Us.
SERVICE OF SUIT
The Insurers accepting this insurance agree that:
– if a dispute arises under this insurance, this insurance
will be subject to Australian law and practice and the
Insurers will submit to the jurisdiction of any competent
court in the Commonwealth of Australia;
– any summons, notice or process to be served upon
the Insurers may be served upon:
Lloyd’s Underwriters’
General Representative in Australia
Suite 2, Level 21 Angel Place,
123 Pitt Street
Sydney, NSW, 2000
– if a suit is instituted against any of the Insurers, all
Insurers participating in this insurance will abide by
the final decision of such Court or any competent
Appellate Court.
SURA HOSPITALITY LIABILITY INSURANCE 4

5. SEVERAL LIABILITY
The subscribing Insurers obligations under the contracts of
insurance to which they subscribe are several and not joint
and are limited solely to their individual subscriptions.
The subscribing Insurers are not responsible for the
subscription of any co-subscribing Insurer who for any
reason does not satisfy all or part of its obligations.
YOUR DUTY OF DISCLOSURE
Before You enter into a contract of general insurance with an
insurer You have a duty under the Insurance Contracts Act
1984, to disclose to the Insurer every matter that You know,
or could reasonably be expected to know, is relevant to the
Insurer’s decision whether to accept the risk of insurance
and, if so, on what terms.
You have the same duty to disclose those matters to the
Insurer before each time You renew, extend, vary or reinstate
the Policy. Each person indemnified by this Policy has the
same duty.
Your duty however does not require disclosure of any matter
that:
– reduces the risk,
– is common knowledge,
– We already know, or ought to know in the ordinary
course of Our business, or
– We indicate We do not want to know.
NON DISCLOSURE
If You do not comply with Your duty of disclosure, We may
reduce or refuse to pay a Claim and/or cancel Your Policy.
We may invalidate the Policy from its beginning and not be
bound by it if the non disclosure was fraudulent.
After the Policy is entered into, on-going disclosure
obligations can apply. See the Policy for details.
SURA HOSPITALITY LIABILITY INSURANCE 5

6. GENERAL
DEFINITIONS
Some key words and terms used in this
Policy, its Schedules and its endorsements
have a special meaning.
If words and terms are only used in one
Section of the Policy We will describe their
special meaning in that Section. Wherever
the following words or terms are used in
the Policy, they mean what is set out below.
Unless the context requires another meaning,
a reference to the singular includes the plural
and vice versa.
Advertising Injury means:
a) defamation, both libel and slander;
b) infringement of copyright, trademarks, patents, title or
slogan;
c) piracy or unfair competition or idea misappropriation
under an implied contract;
d) invasion of privacy;
committed or alleged to have been committed during the
Period of Insurance in any advertisement, publicity article,
broadcast or telecast and arising out of Your advertising
activities or any advertising activities conducted on behalf
of You, in the course of advertising the Products, goods or
services.
Aircraft means any vessel, craft or thing made or intended
to transport persons and/or property through the air,
atmosphere or space.
The Business means:
a) the business specified in the Schedule;
b) the provision and management of canteens, social,
sports and welfare organisations, educational and child
care facilities primarily for the benefit of Your Employees;
c) first aid, medical, fire and ambulance services;
d) the maintenance of Your premises or property for which
such responsibility exists;
e) private work undertaken by Your Employees for any
director, partner or senior executive of Yours;
f) any prior activities which have ceased or have been
disposed of but for which You may retain a legal liability;
g) participation in exhibitions:
h) hire or loan of plant to other parties;
i) conducted tour of Your premises;
j) any other occupation ancillary or incidental to the
Business stated in the Schedule.
Claim means:
a) a written demand, notice or other written
communication received by You seeking a remedy and/
or alleging liability or responsibility on Your part for an
Occurrence. A Claim also includes litigation, arbitration,
mediation, adjudication or any other process of dispute
resolution seeking a remedy and/or alleging liability or
responsibility on Your part for an Occurrence; and
b) a Claim lodged with Us by You seeking indemnity under
this Policy.
Electronic Data means facts, concepts and information
converted to a form useable for communications, display,
distribution, interpretation or processing by electronic
and electromechanical data processing or electronically
controlled equipment and includes programmes, software
and other coded instructions for such equipment.
Employee means any person under a contract of service or
apprenticeship with You.
Employment Practices means any wrongful or unfair
dismissal, denial of natural justice, defamation, misleading
representation or advertising, sexual harassment or
discrimination in respect of employment by You.
Geographical Limits means anywhere in the World except
the United States of America and Canada.
Provided that:
a) The Geographical Limits shall include the United States
of America and Canada but only in respect to:
i) Products exported to the United States of America
and/or Canada without Your knowledge;
ii) Business visits by directors, officers and Employees
normally resident outside the United States of
America and/or Canada, other than Employees who
are engaged in manual labour during such visits;
b) Regardless of any of the other provisions of this Policy,
this Policy does not apply to any judgement, award,
payment, settlement or proceedings arising directly or
indirectly out of operations at or out of premises situated
in the United States of America or any territories which
come within the jurisdiction of the United States of
America.
SURA HOSPITALITY LIABILITY INSURANCE 6

7. c) The indemnity granted by this Policy in respect of any
judgement, award or settlement made within the United
States of America and/or Canada (or any Order made
anywhere in the world to enforce such judgement,
award or settlement either in whole or in part) is subject
to the following additional terms and Exclusions in
respect of such judgement, award or settlement:
i) the Limit of Liability is inclusive of the other costs
and expenses as described in the Defence Costs and
Supplementary Payments Clause of this Policy;
ii) liability for Injury to any person and/or Property
Damage arising out of Pollution is hereby excluded.
It is further agreed that the cost of preventing,
removing, nullifying or cleaning up any seeping,
contaminating or polluting substances shall
also form part of this Exclusion and shall not be
recoverable under this Policy.
Incidental Contracts means:
a) any written rental agreement or lease of real property
which does not impose on You:
i) an obligation to insure such property; or
ii) any liability regardless of fault; or
b) any written contract with any public authority for the
supply of water, gas or electricity but only to the extent
of indemnifying any such public authority in respect of
liability arising out of Your Business other than contracts
with such an authority for the performance of work or
provision of services by You.
Injury means:
a) bodily injury, death, illness, disease, disability, including
loss of consortium or services;
b) false or wrongful arrest, detention or imprisonment and
malicious prosecution, wrongful entry upon, wrongful
eviction from or other invasion of right to private
occupancy of property and humiliation;
c) defamation, both libel and slander, except where:
i) the first publication or utterance happened prior to
the commencement of this Policy; or
ii) the Injury arises out of Advertising Injury as defined
herein;
d) assault and battery not committed by You or at Your
direction unless committed for the purpose of preventing
Injury or Property Damage or eliminating or preventing
danger to persons or property;
e) discrimination as a result of race, religion, sex, marital
status, age, intellectual impairment, disability or
otherwise (unless insurance thereof is prohibited by law)
not committed by You or at Your intentional direction,
but only in respect to liability other than for fines and
penalties imposed by law.
Insurer means certain Underwriters as Lloyd’s.
Labour Hire means any person engaged in any aspect of
Your Business by You whilst employed by an employment
agency, placement agency, labour hire company or any other
company or person whose business is or includes the supply
and/or provision of labour.
Limit of Liability means the amount(s) specified as such in
the Schedule.
Medical Persons means qualified medical practitioners,
qualified registered nurses, dentists and first aid attendants
who are registered under the laws of the Commonwealth
or a state or territory of Australia that provides for the
registration of medical persons.
Occurrence means an event including continuous or
repeated exposure to substantially the same general
conditions which results in Injury to any person, Property
Damage or Advertising Injury where such Injury, Property
Damage or Advertising Injury is neither expected nor
intended from Your standpoint.
Occurrence extends to include any intentional act by You or
at Your direction which results in Injury if such Injury arises
solely from the use of reasonable force for the purpose of
protecting persons or property.
Period of Insurance means the period of insurance shown
in the Schedule or any renewal period, during which the
insurance by this Policy is in force. The term “Local Time”
means the time at Your principal place of business.
Policy means this document and the Policy Schedule and
any other documents We issue to You which are expressed
to form part of the policy terms, which set out the cover We
provide for the Period of Insurance. For the sake of clarity,
unless otherwise stated, it does not include any prior policy
that this is a renewal of or any future policy that is a renewal
of this Policy.
SURA HOSPITALITY LIABILITY INSURANCE 7

8. GENERAL
DEFINITIONS
Pollution means the discharge, dispersal, seepage,
release or escape of smoke, vapours, fumes, acids, alkalis,
toxic chemicals, liquids or gases, waste materials or other
irritants, contaminants or pollutants into or upon land, the
atmosphere or water.
Product means anything which was – or is deemed by
law to have been – manufactured, grown, extracted,
treated, produced, processed, sold, supplied, distributed,
imported, exported, repaired, serviced, renovated, installed,
assembled, erected or constructed in the course of the
Business by or on behalf of You, including labels, packaging
or containers (other than a Vehicle), and directions,
instructions, or advice given or omitted to be given in
connection with such Product, after ceasing to be in the
possession or under Your control.
Property Damage means:
a) physical injury or damage to or physical loss of or
destruction of tangible property including loss of use at
any time resulting therefrom;
b) loss of use of tangible property which has not been
physically injured, damaged or destroyed provided such
loss of use is caused by an Occurrence.
Schedule means any document so designated and issued
to You, whether for the first Period of Insurance or on any
renewal of the contract or variation by way of Endorsement,
that specifies the Policy number, the party or parties named
as insured parties, Limits of Liability and other details of the
insurance by this Policy.
Tool of Trade means a Vehicle which has a tool or plant
forming part of, attached to or used in connection with it
while such tool or plant is engaged on a work site, but does
not include a Vehicle whilst in transit to or from any work
site.
Vehicle means any type of machine on wheels or on self-
laid tracks made or intended to be propelled other than by
manual or animal power and any trailer or other attachment
whilst attached thereto.
Watercraft means any vessel, craft or thing made or
intended to float on or travel on or through water.
We / Our / Us means Sura Hospitality acting under a binder
as an agent of certain Underwriters at Lloyd’s.
You / Your / Insured means:
a) the Named Insured stated in the Schedule;
b) any subsidiary company (including subsidiaries thereof)
of the Named Insured and any other organisation under
the control of the Named Insured and over which it is
exercising active management;
c) any new organisation, which conducts the same
business activity as You, acquired during the Period of
Insurance by You described in a) and b) above, through
consolidation, merger, purchase, or assumption of
control and active management, provided that such
acquisition or assumption is:
i) reported to Us within forty five (45) days after it is
acquired; and
ii) endorsed on this Policy;
d) any director, officer, Employee, partner or shareholder
of the Named Insured or of a company designated in a),
b) or c) above, but only whilst acting within the scope of
their duties in respect of the conduct of Your Business;
e) any voluntary worker and any person whilst working
for an insured party for the purpose of gaining work
experience and/ or any person supplied or under any
work experience or similar Government scheme;
f) if a party named in the Schedule as an insured party is
an individual, the spouse and family of that individual but
only in respect of the conduct of the Business;
g) any person in respect of their liability arising out of the
performance by the Insured designated in (a) and (b) and
(c) above, of any contract or agreement, but only to the
extent required by such contract or agreement and in
any event only for such coverage and Limits of Liability
as provided in this Policy;
h) if the Insured is declared in the Schedule as a
partnership or joint venture, any partner or member
thereof but only with respect to their liability as a partner
or member of such partnership or joint venture.
The expression “Named Insured” shall mean the person or
entities specified in the Schedule.
SURA HOSPITALITY LIABILITY INSURANCE 8

9. What You Are Insured Against
In consideration of the Named Insured having paid or agreed
to pay the Premium and subject to the terms, Definitions,
Exclusions, Conditions, provisions and Limits of Liability set
out in this Policy, We will indemnify You against Your legal
liability to pay compensation in respect of:
a) Injury to any person;
b) Property Damage;
c) Advertising Injury.
occurring within the Geographical Limits during the Period
of Insurance as a result of an Occurrence happening in
connection with Your Business.
Defence Costs and Supplementary Payments
With respect to the indemnity provided by this Policy,
We will pay the following costs and expenses in addition
to the Limit of Liability:
a) all legal costs and other expenses incurred with Our
written consent;
b) all costs and expenses incurred by You for legal
representation at any coroner’s inquest, fatal accident
inquiry or court of summary jurisdiction or an indictment
in a higher court, arising out of any alleged breach of a
statutory duty resulting in Injury or Property Damage
which may be the subject of indemnity under this Policy;
c) all expenses incurred by You for first aid rendered for
Injury to others at the time of an Occurrence, except any
medical expenses which We are prohibited by law from
paying;
d) all expenses incurred by You for temporary repairs,
shoring up or protection of property of others that has
been damaged as a result of an Occurrence which may
be the subject of indemnity under this Policy.
Even if the allegations of a suit are groundless, false
or fraudulent, We will defend any suit against You for
compensation or damages to which indemnity under this
Policy applies (or would apply if the Claim was sustained)
and We may make such investigations and settlement of any
Claim as We deem expedient.
If a payment exceeding the Limit of Liability has to be made
to dispose of a Claim, Our liability to pay Defence Costs and
Supplementary Payments under this clause will be limited
to that proportion of Defence Costs and Supplementary
Payments as the Limit of Liability bears to the amount paid
to dispose of the Claim.
Excess
When specified in the Schedule, each Claim (or series of
Claims arising out of continuous or repeated exposure to
substantially the same general conditions) arising under the
What You Are Insured Against and/or the Defence Costs and
Supplementary Payments clauses is subject to the Excess
shown. Should more than one Excess apply under this Policy
for any Claim (or series of Claims arising out of continuous
or repeated exposure to substantially the same general
conditions) such Excesses shall not be aggregated and only
the highest single level of Excess shall apply.
The amount of the Excess shall include Defence Costs
unless otherwise specifically stated in the Schedule.
Limit of Liability
The limit of Our liability in respect of any one Occurrence
shall not exceed the Limit of Liability stated in the Schedule.
All Injury to any person, Property Damage or Advertising
Injury arising out of continuous or repeated exposure to
substantially the same general conditions will be construed
as arising out of one Occurrence. The Limit of Liability shall
be payable in excess of any amount specified as an Excess.
Our total aggregate liability during any one Period of
Insurance for all Claims arising out of the Products shall not
exceed the Limit of Liability stated in the Schedule.
Our total aggregate liability during any one Period of
Insurance for all Claims arising out of Pollution shall not
exceed the Limit of Liability stated in the Schedule.
COVERAGE
SURA HOSPITALITY LIABILITY INSURANCE 9

10. GENERAL
CONDITIONS
Cancellation
a) This Policy may be cancelled at any time at Your request
by notifying Us in writing.
b) We may also cancel this Policy on any grounds subject
to the Insurance Contracts Act 1984 (Cth) where We
have given You written notice of such cancellation in
accordance with the Act.
c) Our notice of cancellation takes effect at the earlier of
the following times:
i) the time when another policy of insurance between
You and Us or some other insurer, being a policy that
is intended by You to replace this Policy, is entered
into; or
ii) 4.00 PM on the thirtieth business day after the day
on which notice was given to You.
In the event that You, or We, cancel the Policy, We may
deduct a pro rata proportion of the premium for the
unexpired Period of Insurance from the date of cancellation,
reasonable administrative costs related to the acquisition
and termination of the Policy and any government taxes or
duties we cannot recover. In the event that you have made a
Claim under the Policy and we have agreed to pay the Claim,
no return of premium will be made for any unused portion of
the premium.
Cross Liability, Severability and Waiver of Subrogation
This Policy, including any amendment, renewal or variation
or endorsement of it, shall be construed as if each insured
party had made a proposal, application or request for the
Policy, amendment, renewal, variation or endorsement
in respect of their interest only. Further, any information
or knowledge possessed by one insured party, whether
possessed before or after the contract was entered into, shall
not be imputed to any other such party. We will not seek any
relief whatsoever (including cancellation of the Policy) for
non-disclosure and/or misrepresentation against an insured
party unless We would have been entitled to that relief had
that party been the only party covered by this Policy.
Further, neither the inclusion of more than one Insured
under this Policy nor any act, omission, breach or default by
any Insured shall in any way affect the rights of any other
Insured, it being intended that this Policy shall be construed
as if a separate contract of insurance has been entered
into by each Insured; but not so as to increase Our Limit of
Liability.
All right of subrogation is waived under this Policy against
every company, organisation and person defined as an
Insured under this Policy to which or to whom protection
is afforded under the Policy except, if such company,
organisation or person is protected from such loss by
any other policy of indemnity or insurance, the right of
subrogation is not waived to the extent and up to the amount
of such other policy.
Provided that with respect to any person who is an Insured
by way of paragraph g) of the Definition of You / Your /
Insured of the Policy, such waiver of subrogation shall only
apply to Claims which arise by virtue of paragraph g) of the
Definition of You / Your / Insured.
Governing Law
This Policy will be governed in accordance with the laws of
the Commonwealth of Australia. Any disputes arising out of
this Policy will be subject to determination by any Court of
competent jurisdiction within Australia according to the laws
applicable to the jurisdiction.
Insolvency
The insolvency or bankruptcy of any party comprising the
Insured shall not release Us from any of Our obligations
hereunder.
Interpretation
In this Policy, a word importing the singular includes the
plural (and vice versa) and a word indicating a gender
includes every other gender.
A reference in this Policy to any legislation or legislative
provision includes any statutory modification or re-
enactment of, or legislative provision substituted for, and
any subordinate legislation issued under, that legislation or
legislative provision.
The titles and headings are included solely for ease of
reference and do not in any way limit or expand or otherwise
affect the terms of this Policy.
Notices and Service of Legal Process
You may effect notice, advice or service of any legal process
in connection with this Policy upon Us by delivering that
notice, advice or process by hand or by post to Our address
stated in the Schedule.
SURA HOSPITALITY LIABILITY INSURANCE 10

11. Notification
On You becoming aware of any Occurrence giving rise or
likely to give rise to a Claim under this Policy or upon receipt
by You of notice of any Claim or subsequent proceeding, You
shall as soon as practicable thereafter:
a) give notice thereof in writing to Us;
b) preserve any property or things which might prove
necessary or useful by way of evidence in connection
with any Claim and, so far as may be reasonably
practicable, with due regard to safety, no alteration or
repairs shall, without Our consent, be made after the
Occurrence until We shall have had an opportunity of
inspection;
c) forward to Us every letter of demand, writ, summons or
process as soon as practicable after receipt thereof and
give notice to Us in writing as soon as practicable after
You shall have knowledge of an impending prosecution
or inquest in connection with any Occurrence;
d) when called upon to do so, furnish to Us in writing all
details of the Occurrence together with such evidence
and explanations as we may reasonably require.
Notwithstanding the provisions of this Condition, this
insurance will not be prejudiced by any inadvertent delay,
error or omission in notifying Us of any Occurrence that may
give rise to a Claim or Claims under the Policy.
Precautions by the Insured
You shall:
a) take reasonable precautions to prevent or minimise
liability and take reasonable measures to maintain
efficient ways, works, machinery, fencing and plant and
shall make reasonable endeavours to comply with all
statutory obligations and regulations imposed by any
authority for the safety of persons or property;
b) at its own expense, take reasonable action to trace recall
or modify any of the Products containing any defect or
deficiency of which You have knowledge or have reason
to suspect, including (but not limited to) any Products
subject to Government or statutory ban.
Subrogation and Settlement of Claims
No admission, offer, promise, payment or indemnity shall
be made or given by or on Your behalf without Our consent
who shall have the right and duty to take over and conduct
in Your name the defence or settlement of any Claim or
to prosecute in Your name for Our own benefit any Claim
for indemnity or damages or otherwise and shall have
full discretion in the conduct of any proceedings or in
the settlement of any Claim and You shall give all such
information and assistance as We may reasonably require.
Any amount so recovered shall be applied in the following
order of priority:
i) first to the uninsured proportion of the loss,
ii) second to reimburse Us to the extent of Our actual
payment in respect of the Claim,
iii) third, to reimburse You for any Excess borne by You,
iv) fourth, any balance recovered which exceeds the
loss shall be payable to You.
The expenses of such recovery proceedings shall be
apportioned as agreed between Us and You. Should the
parties be unable to agree on an appropriate apportionment
then such expenses shall be paid by each party in the
same proportion as their percentage share of all amounts
recovered. If there is no such recovery by Us, the expenses
shall be borne by Us.
We may pay to You the amount of Our applicable Limit of
Liability, or such lesser sum for which the Claim can be
settled, subject in either case to deduction of any sum or
sums already paid as damages or compensation in respect
of such Claim and We shall thereafter be under no further
liability in respect of such Claim except for the payment
of costs and expenses for which We are liable hereunder
incurred prior to the date of such payment, whether or not
pursuant to an order made subsequently.
SURA HOSPITALITY LIABILITY INSURANCE 11

12. GENERAL
EXCLUSIONS
This Policy does not apply to, and We will
not indemnify You for any actual or alleged
liability in respect of:
Advertising Injury
Liability arising out of Advertising Injury for:
a) Offences committed prior to the inception date of this
Policy;
b) Offences made at Your direction with knowledge of the
illegality or falsity thereof;
c) Breach of contract, other than misappropriation of
advertising ideas under an implied contract;
d) Incorrect description of the price of the Products, goods
or services;
e) Infringement of trade mark, service mark or trade name
by use thereof as the trade mark, service mark or trade
name of the Products, goods or services sold, offered for
sale or advertised, but this Exclusion does not apply to
titles or slogans;
f) Failure of the Products, goods or services to conform
with advertised performance, quality, fitness or
durability;
g) Any Insured whose business is advertising,
broadcasting, publishing or telecasting.
Aggravated, Punitive or Exemplary Damages
Aggravated, punitive or exemplary damages.
Aircraft and Watercraft
Liability arising from the ownership, possession or use
by You of any Aircraft, or of any Watercraft (other than
Watercraft not exceeding eight (8) metres in length, and only
whilst operating on inland waterways or within three nautical
miles of the coast).
Aircraft Products
Liability arising out of or in connection with the Products
which You knew or had reasonable cause to believe would
be incorporated into the structure, machinery, controls or
construction of any Aircraft.
Asbestos
Liability arising out of, caused by or in connection with
asbestos or materials containing asbestos.
Contractual Liability
Liability assumed by You under any contract or agreement
in connection with the Products but this Exclusion does not
apply to:
a) The extent that such liability would have been implied
by law;
b) Liability to or of any Employee of You imposed by the
provisions of any industrial award or agreement or
determination where such liability would not otherwise
have attached.
c) Liability assumed by You under a warranty of fitness
or quality.
d) Where the Insured assumes liability under Incidental
Contracts.
Electronic Data
Liability arising out of:
a) Communication, display, distribution or publication of
Electronic Data; however, this Exclusion does not apply
to Injury or Advertising Injury resulting from any of them.
b) Total or partial destruction, distortion, erasure,
corruption, alteration, misinterpretation or
misappropriation of Electronic Data;
c) Error in creating, amending, entering, deleting or using
Electronic Data; or
d) Total or partial inability or failure to receive, send, access
or use Electronic Data for any time or at all
from any cause whatsoever, regardless of any other
contributing cause or event whenever it may occur.
Employers’ Liability
Liability for Injury:
a) For which insurance against such liability (whether the
insurance is limited in amount or not) is or would have
been provided through licensed self- insurance or under
a policy in a form prescribed or approved under or issued
in pursuance of any Workers’ Compensation or Accident
Compensation legislation applicable to You or any
extension of such policy granted on request as a matter
of usual practice by entities unauthorised to issue such
policies; or
b) Relating to Employment Practices
Provided that:
Exclusions (a) and (b) above shall not apply with respect to:
i) Liability of others assumed by You under written
contract;
ii) Claims for loss of consortium from the spouse
of an Employee.
SURA HOSPITALITY LIABILITY INSURANCE 12

13. Fines, Penalties and/or Liquidated Damages
Fines, penalties and/or liquidated damages imposed by
law or assumed by You under any contract, warranty or
agreement.
Industrial Awards
Liability to or of any Employee of Yours imposed by
the provisions of any industrial award or agreement or
determination where such liability would not otherwise have
attached.
Loss of Use
The loss of use of tangible property which has not been
physically injured, damaged or destroyed which results from:
a) delay in or lack of performance by or on behalf of You of
any contract or agreement;
b) the failure of the Products to meet the level of
performance, quality, fitness or durability expressly or
impliedly warranted or represented by You. However this
does not apply to loss of use of other tangible property
resulting from the sudden, unexpected and unintended
physical injury to or destruction of the Products after
such products have been put to use by any person or
organisation other than You.
Mould
Any liability of Yours directly or indirectly arising out of
any loss, damage, Claim or Defence Costs arising out of,
alleging or attributable to the existence of mould, fungus/
fungi, spore(s), mildew(s), mushroom(s), yeast(s), or
biocontaminent(s) or any by-product therefrom.
Nuclear
Any legal liability of whatsoever nature directly or indirectly
caused by or contributed to, by, or arising from, ionising
radiation or contamination by radioactivity from any nuclear
fuel or nuclear waste from the combustion or fission
of nuclear fuel or radioactive, toxic, explosive or other
hazardous properties of any explosive nuclear assembly or
nuclear component thereof.
Participant Liability
Any liability of Yours directly or indirectly arising out of Injury
to any participant, contestant or the like which arises out of
their involvement in a competition and/or sporting activity in
connection with Your Business.
Pollution
a) Liability arising out of Pollution, but this Exclusion a)
does not apply where the liability arises from a sudden
identifiable, unintended and unexpected event from Your
standpoint which takes place in its entirety at a specific
time and place.
b) Any costs and expenses incurred in the prevention,
removing, nullifying or clean-up of such Pollution,
but this Exclusion (b) does not apply where clean-up,
removal or nullifying expenses are incurred consequent
upon a sudden identifiable, unintended and unexpected
event from Your standpoint which takes place in its
entirety at a specific time and place.
Products and Work Performed
Liability for:
a) the cost of making good, replacing or reinstating
workmanship performed by You which is or is alleged
to be or was faulty but this Exclusion a) does not apply
to Property Damage resulting from but not within the
scope of the foregoing paragraph;
b) the cost of making any refund of the price paid for any
Products;
c) the cost of or damages Claimed in relation to the
withdrawal, recall, inspection, repair, replacement or loss
of use of the Products or any property of which such
Products form a part, if such Products or property are
withdrawn from the market or from use because of any
known or suspected defect or deficiency therein;
d) Property Damage to the Products if such damage is
attributable to any defect in them or to their harmful
nature or unsuitability, other than those Products
repaired, serviced or treated by You after such Products
were originally sold, supplied or distributed, however
this Exclusion d) shall be restricted to the defective or
harmful or unsuitable part of the Product and shall not
apply to Property Damage to the remainder of such
Product or Products.
Professional Liability
Liability arising out of the rendering of or failure to render
professional advice or service by You, but this Exclusion
does not apply to:
a) Injury to any person or Property Damage arising
therefrom, providing such professional advice or service
is not given for a specific fee; or
b) The rendering of or failure to render professional medical
advice by Medical Persons employed by You to provide
first aid and other medical services on Your premises.
SURA HOSPITALITY LIABILITY INSURANCE 13

14. GENERAL
EXCLUSIONS
Property Owned By or in the Care, Custody
or Control of the Insured
Property Damage to property owned by You or held in trust
or in Your custody or control but this Exclusion does not
apply to:
a) personal property of directors, Employees, members,
guests and visitors of You,
b) premises (including contents, fixtures and fittings) not
owned by You:
i) at which You are undertaking work in connection
with the Business but no indemnity is granted for
Property Damage to that part of the property on
which You are working and which arises out of such
work;
ii) which are leased, rented or loaned to You under the
terms of an Incidental Contract;
c) Vehicles (including spare parts and accessories thereon)
not owned or used by You in connection with the
Business whilst within a car park belonging to or under
Your control provided that You, as a principal part of the
Business, do not operate the car park for reward;
d) any other property (except property owned by You and
property described in a), b) and c) above) but Our liability
in respect of this clause shall not exceed AUD 100,000 or
the Sub-Limit of Liability stated in the Schedule applying
to this clause.
It is further understood and agreed that Our Liability in
respect of clauses a), b) and c) combined shall be sub limited
to an amount of AUD 100,000 any one Occurrence and in
the aggregate for the Period of Insurance.
Requirement to Insure
Property Damage to property rented to, leased to, occupied
by, or used by, You or in Your care, custody or control to the
extent You are under contract to provide insurance thereof.
Sexual Harassment
Any liability of Yours directly or indirectly arising out of
sexual assault, sexual harassment, sexual molestation, rape
or the consequences thereof.
Terrorism
Injury to any person or Property Damage directly or indirectly
caused by, resulting from or in connection with any:
a) Act of Terrorism regardless of any other cause or event
contributing concurrently or in any other sequence to
such Injury or Property Damage;
b) Action taken in controlling, preventing, suppressing or in
any way relating to any Act of Terrorism.
For the purposes of this Exclusion an Act of Terrorism
means an act, including but not limited to the use of force or
violence and/or the threat thereof, of any person or group(s)
of persons, whether acting alone or on behalf of or in
connection with any organisation(s) or government(s) which
from its nature or context is done for, or in connection with,
political, religious, ideological or similar purposes or reasons
with the intention to influence any government and/or to put
the public, or any section of the public, in fear.
Vehicles
Injury to any person or Property Damage arising from the
ownership, possession or use by You of any Vehicle whilst
used in circumstances whereby such Vehicle is required by
law to be registered.
Provided that this Exclusion shall not apply:
a) to Injury where compulsory liability insurance or a
statutory scheme does not provide indemnity for
reasons that do not involve a breach by You of legislation
relating to Vehicles;
b) where such Injury and/or Property Damage:
i) is caused by or arises from the loading or unloading
of or the delivery or collection of goods to or from
any Vehicle where such Injury or Property Damage
occurs beyond the limits of any carriageway or
thoroughfare;
ii) arises out of the loading or unloading of or the
delivery or collection of goods to or from any Vehicle
used in work undertaken by or on behalf of You but
not in the physical or legal control of You;
iii) arises when the Vehicle has ceased to be used
as a road Vehicle for transportation purposes and
has commenced operation as a tool of trade or
preparation therefore.
iv) is caused as a result from boarding and alighting a
courtesy bus.
v) arises when the Vehicle is off any carriageway,
public thoroughfare, public road or land of the like.
War
Any consequence of war, invasion, act of foreign enemy,
hostilities (whether war be declared or not) civil war,
rebellion, revolution, insurrection or military or usurped
power.
SURA HOSPITALITY LIABILITY INSURANCE 14

15. The following Endorsements apply to
this Policy:
Fraudulent Misdescription,
Unintentional Breach Clause
The insurance under this Policy shall not be prejudiced by:
a) any act or omission unknown to or beyond Your control
on the part of any tenant occupying or using the
premises; or
b) structural alterations and/or repairs, limited to buildings,
machinery and plant; or
c) any alteration of occupancy.
Provided that any such acts, omissions or alterations upon
coming to the knowledge of Your officer responsible for
insurance shall as soon as possible notify Us and, if agreed
to by Us in writing, any appropriate additional premium paid
if required.
Labour Hire Contractors Extension
It is hereby noted and agreed that the Definition of Insured is
extended to include:
Any Labour Hire contractor in respect of the liability of
such contractor arising out of the performance by such
contractor or any contract or agreement for the performance
of work for You, to the extent required by such contract or
agreement.
Overseas Personal Liability
Where You and any of Your directors, partners or Employees
are outside the Commonwealth of Australia for less than
three (3) months continuously in connection with the
Business, We will provide indemnity to You and if You so
request to any of Your directors, partners or Employees
against legal liability incurred in a personal capacity.
The indemnity will not apply:
a) To legal liability arising from any agreement or contract
or contractual arrangement unless liability would have
existed otherwise;
b) To legal liability arising out of the ownership or
occupation of land or buildings or arising from the
carrying on of any trade or profession;
c) Where indemnity is provided by any other insurance; or
Arising from the ownership, possession or use of animals,
firearms, mechanically propelled Vehicles, Aircraft or
Watercraft.
Participant Liability
Notwithstanding anything contained in the Participant
Liability Exclusion, the indemnity granted under this
Policy is extended to indemnify any person participating
in a competition and/or sporting activity undertaken in
connection with Your business with Our prior knowledge
and/or consent in respect of Claims against that person to
pay compensation for Injury or Property Damage arising
solely out of that persons participation in that competition
and/or sporting activity.
Personal Liability
It is hereby agreed and declared that the Definition of
the Insured and the Business are extended to include the
following:
a) the Definition of the Insured extends to include Your
directors or executive Employees residing at the
premises and those family members and/or de facto who
ordinarily reside with any of Your directors or executive
Employees;
b) the Definition of the Business extends to include any
personal non-Business activity of the Insured persons
described above.
Provided that nothing in this Endorsement shall increase
Our Limit of Liability as described in the Schedule.
Property of Guests (Innkeepers Other Liability)
Notwithstanding anything contained in this Policy to the
contrary, other than the provisions of the Property Owned
By or in the Care, Custody or Control of the Insured clause,
it is hereby agreed and declared that this Policy extends to
indemnify the Insured in respect of Claims for Injury and/
or Property Damage in relation to any liability under any
Innkeeper’s Liability Act, Licensing Act or any other Act of
Parliament or Regulation or Ordinance.
Server Liability
It is hereby agreed that this Policy extends to indemnify You
in respect of any liability incurred by You arising out of the
sale or serving of liquor in connection with Your Business.
Provided that nothing in this Endorsement shall increase
Our Limit of Liability as stated in the Schedule.
ENDORSEMENTS
APPLICABLE TO THIS POLICY
SURA HOSPITALITY LIABILITY INSURANCE 15

16. OPTIONAL ENDORSEMENTS
APPLICABLE TO THIS POLICY
The following optional Endorsements to
the standard cover will be deemed to be
incorporated in this Policy only when
specified in the Schedule by the appropriate
number and title.
Errors Omissions
Notwithstanding the provisions of the Professional Liability
Exclusion of this Policy, We will indemnify You against Your
legal liability to pay compensation in respect of Financial
Loss occurring during the Period of Insurance provided that
such Financial Loss arises out of any negligent act, error or
omission committed or alleged to have been committed by
or on behalf of You in the course of the Business.
Our total aggregate liability during any one Period of
Insurance for all Claims arising out of Financial Loss shall not
exceed AUD 5,000,000 inclusive of costs and expenses as
specified under the Indemnity Clause “Defence Costs and
Supplementary Payments”.
The indemnity provided under this Endorsement is subject to
the Excess specified in the Schedule.
Definition Applicable to this Endorsement
“Financial Loss” means any loss which is economic in nature
and not consequent upon Injury or Property Damage.
Exclusions Applicable to this Endorsement
Our liability to indemnify You pursuant to this Endorsement
shall not extend to liability:
a) for the cost of recalling, withdrawing, replacing or
repairing Products or of making any refund on the price
paid for Products;
b) assumed under contract or agreement unless such
liability would have attached in the absence of such
contract or agreement;
c) arising from facts or circumstances which are inevitable
having regard to:
i) the circumstances and nature of the work
undertaken, or
ii) the Products;
d) arising directly or indirectly out of any delay in the
performance of services or out of the sale or supply of
Products;
e) incurred by or caused by a director or executive officer
of Yours whilst acting within the scope of their duties in
such capacity;
f) incurred by or caused by a director or executive officer
of Your staff superannuation fund or funds whilst acting
within the scope of their duties in such capacity;
g) arising out of conspiracy, conversion, deceit,
inducement, breach of contract or injurious falsehood;
h) arising out of or in connection with any dishonest,
fraudulent, intentional, criminal or malicious act,
error or omission by You or by an employee of Yours;
i) arising in the United States of America and/or Canada
or in respect of any Claim which would be subject to the
jurisdiction of any court of competent jurisdiction within
the United States of America and/or Canada.
Subject otherwise to the terms, Conditions and Exclusions
of the Policy.
Products Exported to the United States of America
or Canada
Proviso a) i) appearing in the Definition of Geographical
Limits is amended to read: “Products exported to the United
States of America and/or Canada.
SURA HOSPITALITY LIABILITY INSURANCE 16

17. Sura Hospitality P/L (ABN 21 051
930 105 AFSL 255319) acts as an
agent for certain Underwriters at
Lloyd’s and is authorised to arrange,
enter into / bind and administer this
insurance for them.
Thank you for receiving this
document electronically.
Sura Hospitality supports positive
initiatives for our environment
NEW SOUTH WALES
LEVEL 13/141 WALKER STREET
NORTH SYDNEY NSW 2060
PO BOX 1813
NORTH SYDNEY NSW 2059
TELEPHONE. 02 9930 9500
VICTORIA
LEVEL 10/460 BOURKE STREET
MELBOURNE VIC 3000
TELEPHONE. 03 8823 9460
QUEENSLAND
433 LOGAN ROAD
STONES CORNER QLD 4120
TELEPHONE. 07 3434 2626
WESTERN AUSTRALIA
LEVEL 1/35 HAVELOCK STREET
WEST PERTH WA 6005
TELEPHONE. 08 6380 6600
SHLIAB1.0 05-2014