Site and buildings · play equipment · swimming water
Liability insurance for a leisure business
A holiday business is responsible for a whole site where guests move around freely for days on end: buildings, play equipment, water, trees and hire equipment.
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- Personal 072 - 509 24 56, weekdays 9–17
Deze pagina in het Nederlands: Aansprakelijkheidsverzekering voor een recreatiebedrijf.
The calculator and the quote form below are in Dutch. Prefer to do this in English? Email info@finassverzekert. nl or call 072 - 509 24 56 and we will take it from there.
Work out for yourself what it would cost.
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- We compare the offerings of several insurers
- An adviser checks whether the cover suits your activities
- We arrange the switch, including cancellation
A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
In brief
On a park or campsite the site itself is your greatest risk. For buildings, sanitary units, jetties, footbridges and balconies, Article 6:174 of the Dutch Civil Codeapplies: the possessor of a structure is liable for damage caused by a defect, even without fault of his own. Trees are not structures in law. There the standard of care under Article 6:162 of the Dutch Civil Code applies, and a periodic tree safety inspection with a report is your evidence. For animals at a petting farm, Article 6:179 of the Dutch Civil Codeapplies, which places liability with the keeper.
Two facilities have rules of their own. Play equipment and attractions fall under the Warenwetbesluit attractie- en speeltoestellen (the Dutch decree on attraction and play equipment), with requirements on inspection, maintenance and a logbook for each item. Swimming and rinsing water requires a management plan with recorded measurements and samples, precisely because of legionella. In a claim that logbook is the first thing an insurer asks for: without records you cannot show that you met your duty of care.
Outside the cover: guests' property that is in your in your care, such as caravans and boats in winter storage and hire bicycles; contamination of soil or water, for example from a leaking tank, for which there is environmental damage insurance; loss of turnover on closure or cancelled bookings, for which you look to business interruption insurance; and administrative fines. How the cover itself works is set out on the page about public and employers' liability insurance.
This page deals with one situation. The full overview is on Compare public and employers' liability insurance (AVB).
What to look out for
Four subjects on which a claim on a holiday site is decided.
Play equipment and the logbook
Every item needs an inspection history, a maintenance schedule and its own file. Record the daily visual check and the impact surfacing as well. If the logbook is missing, you cannot show after a child's fall that you acted carefully, and then liability is in principle established. This also applies to trampolines, bouncy castles and water play equipment.
Swimming pool, sanitary blocks and water quality
Showers, whirlpools and rinsing points are where legionella arises. Work with a risk assessment and a management plan, flush pipework after periods of non-use and record temperatures and sample results. Injury to guests falls within the cover, but an enforcement order with a penalty payment or a fine from the regulator is not insurable anywhere.
Seasonal staff and volunteers
In high season you have young, temporary and sometimes unpaid people working with mowers, forklifts and cleaning products. The duty of care under Article 7:658 of the Dutch Civil Code applies through subsection 4 to people who are not your employees as well. Record the instructions for each role and make sure dangerous equipment is only operated by those designated for it.
Storage, hire and guests' belongings
Caravans, motorhomes and boats that spend the winter with you, and bicycles or canoes you hire out, are in your keeping. The care, custody and control exclusion takes damage to that property off the policy. If you do want that covered, it calls for separate storage or care, custody and control cover and for clear terms towards the owner.
What does your premium depend on?
- Turnover and number of pitches or units: the basis on which the premium is set
- Payroll including seasonal staff: determines the weight of the employers' liability section
- Facilities on the site: swimming pool, playground, catering, petting farm or watersports
- Attraction equipment on site: with the inspections you can evidence
- Storage and hire: calls for a care, custody and control solution
- Sum insured chosen: matched to the number of guests present at any one time
Insurers weigh these details differently. That is where your saving is.
What is covered
| Situation | Basic | Extended |
|---|---|---|
| A guest falls through a rotten plank on the jetty at the fishing pond | Yes | Yes |
| A branch from an old chestnut tree falls on a tent with guests asleep inside | Yes | Yes |
| Guests fall ill from the breakfast buffet in your park restaurant | Provided that | Yes |
| A caravan in your winter storage is damaged when your employee scrapes past it with the forklift | No | Provided that |
| Guests cancel after a legionella notification and demand their booking back | No | No |
| A leaking diesel tank contaminates the soil next to the workshop | No | No |
Extended here means a policy with the product liability and care, custody and control sections included; environmental damage remains a separate insurance even then.
Frequently asked questions
This is what people ask us most.
A child falls from play equipment and breaks an arm.
Injury to a guest falls within the cover if you are liable. The insurer will ask for the inspection reports, the maintenance logbook and the record of the daily check. If the equipment is defective, liability follows from Article 6:174 of the Dutch Civil Code without any fault having to be shown. Report the incident at once, as Article 7:941 DCC requires.
A branch falls on a guest's car.
A tree is not a structure, so the strict liability under Article 6:174 of the Dutch Civil Code does not apply here. What is assessed is whether you, as the site owner, inspected and pruned sufficiently. With a recent tree safety inspection and follow-up of the findings you are in a strong position; without an inspection there is a good chance the damage to the car will be at your expense.
A caravan in storage is damaged in our shed.
That caravan is property in your keeping and therefore falls under the care, custody and control exclusion in the liability policy. For storage businesses there is separate cover for third-party property. Arrange that before the storage season and set out in your terms which risk the owner carries himself and what insurance you expect him to have.
Guests fall ill after using our showers.
Injury from contaminated tap water is an insured loss if you are liable. The assessment follows your management plan: is the risk assessment up to date, are temperatures and flushing recorded, have samples been taken? Fines and enforcement costs from the regulator fall outside every policy, as does the loss of turnover from a temporary closure.
Read more
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