Last Updated: December 6, 2019.
Please read these Terms & Conditions carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Holiday Swap App, you agree to comply with and be bound by these Terms & Conditions.
Please read the Terms & Conditions for using the App and Website (collectively, the “Services”) for Holiday Swap, operated by Holiday Swapping Limited, a company incorporated in England and Wales with offices at 2nd Floor, Berkeley Square House, Mayfair, London, W1J 6BD, registration number 10847362 (hereinafter “Holiday Swap”, the “Company”, “we”, “our”, “us”). By accessing and/or using Holiday Swap’s Services, you agree to comply with and be bound by these Terms and Conditions (“Terms”).
Capitalized terms have the following meanings in these terms and conditions:
Thank you for using Holiday Swap! Please read the following Terms carefully and save these terms for future use. These Terms constitute a legally binding end user license agreement between you and Holiday Swap (the “Agreement”). This Agreement governs your access to and use of Holiday Swap’s Services, including but not limited to, any subdomains thereof, any other websites through which Holiday Swap makes its services available, our mobile, tablet and other smart device applications, and all associated services. In addition, when downloading our App in the Appstore or Google Play Store, you agree to be bound by the relevant Appstore or Google Play Store Rules.
These Terms apply to all Users and their travel companions. As a Guest, you promise that all other people staying with you at the Host’s property will comply with these Terms, including the Swap Contract, and you will be responsible to us and the Host if they do not.
The headings in this agreement are inserted for convenience only and shall not affect its construction.
A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
Unless the context otherwise requires, words in the singular include the plural and in the plural include the singular.
Holiday Swap reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on Holiday Swap’s Services and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Services will constitute acceptance of the revised Terms. Any such change will not affect Swap Contracts concluded before such effective date.
We grant Users a limited personal right to use our App on any applicable device (mobiles, tablets, and other smart devices) owned or controlled by you in accordance with the Appstore Rules subject to these terms and conditions.
Our App may only be used in connection with genuine swaps of stays in Users’ properties and must not be used in connection with a business.
You are not eligible for, and must not use or register on, our App if any of the following apply:
You must comply with any instructions or guidelines within the App. You must ensure that any contact or other information which you supply to us is accurate and not misleading and you will update it so that it remains so.
We do not supply support except to the extent specifically stated on our App or in these terms and conditions.
You acknowledge that the Appstore has no obligation to supply any maintenance and support services in relation to the App.
The App is compatible with applicable devices and associated operating systems (OS’s) which have been released as at the date we launched the App (or as at the most recent app update). We do not guarantee that the App is, or will be, compatible with any other devices or OS’s. We may issue App updates through the Appstore; if so, you may not be able to use our App properly or at all until you have downloaded the update, which may be subject to the agreement of new terms and conditions. It is your responsibility to frequently monitor for App updates and to install them as soon as they become available.
You must not communicate with Users outside the App until a Swap Contract has been formed (see below). You must regularly check for messages from other Users and respond promptly to any such messages.
You promise, represent and warrant that under no circumstances will you allow more persons to stay in the Property than the number of beds shown in your listing.
You acknowledge that the criteria for awarding or removing “Top Swapper” status are set out in the App. We can change these criteria at any time.
If you have any complaint about another User, you must notify us promptly by email to email@example.com. We may in our discretion try to resolve the dispute, but we are not obligated to do so.
You are solely responsible for compliance with any and all laws, rules, regulations and tax obligations that may apply to your use of the Holiday Swap App.
You agree that you will not, in connection with the App, do the following as these behaviours are strictly forbidden and may result in your Profile closure:
Our App constitutes a neutral platform whereby Users can arrange to swap stays in other Users’ properties. While we facilitate such arrangements, the Swap Contract is between the Users. Notwithstanding anything to the contrary in our App, we are not a party to the Swap Contract itself. We are not involved in the substance of the relationship between the Users.
You acknowledge that any legal recourse arising from breach of the Swap Contract (e.g., inaccurate descriptions or conditions of a property, or damage to a property) or otherwise in relation to the Swap Contract, is against the other party to the Swap Contract and not against Holiday Swapping Limited or Holiday Swap Limited.
You acknowledge that we do not vet Users or their property listings on the App. You rely on such information and/or deal with other Users at your own risk. We cannot guarantee that they will comply with these Terms. It is your responsibility to carry out careful and detailed investigations before dealing with other Users. Please speak to Users on our in-app chat to learn more about the User and their Property. We accept no legal responsibility for the accuracy of, or otherwise in relation to, other Users’ property listings or Content or behaviour or in connection with any dealings between Users.
You acknowledge that in using the App, you may be exposed to offensive or other inappropriate Content or behaviour. If so, please contact us at firstname.lastname@example.org to report the issue. If appropriate, you should seek relevant external help, for example from law enforcement authorities and/or stop using the App.
If you have any complaint about Content or behaviour which you think is defamatory or otherwise infringes your rights, please email us at email@example.com.
You acknowledge that we may permit Users to post reviews about you and/or your Property and that these will be publicly available for viewing and will remain so. We are not responsible for monitoring or editing reviews. Reviews and star ratings (“Ratings”) reflect the opinions of individual Users and do not reflect the opinion of the Company. Reviews are not verified by us for accuracy and may be incorrect, misleading, or misleading.
Reviews and ratings made by Users must be accurate and may not contain any offensive or defamatory language. If you write a review or rating, you promise that it is your independent, honest, genuine opinion. Members are prohibited from manipulating reviews in any manner, such as instructing a third party to write a positive or negative review about yourself or another User. Reviews are part of a User’s public profile.
You are responsible for your Profile and Content. You promise to us that you have (and will retain) all rights and permissions (including, but not limited to, intellectual property rights) needed to enable use of your Content as contemplated by the App and these terms and conditions.
We reserve the right, without notice or refund, to reject, suspend, alter, remove or delete Profiles and Content or to disclose to the relevant authorities any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant Content.
We do not accept responsibility if your Profile or Content is misused by other Users as this is outside our reasonable control.
It is your responsibility to make your own backup of any Content stored within the App to protect you in case of loss or damage to such material. We are not responsible for such loss or damage.
We reserve the right to place advertisements adjacent to or within your Content. We retain all revenue from such advertisements.
Once this Agreement is terminated or if your account has been inactive for a period of six (6) months, we will reserve the right without notice to irretrievably delete your Content.
Content requested to be deleted by Users will be deleted without undue delay.
As we have previously laid out in these Terms, a contractual relationship is formed between you and the Company once you download our App and register as a User. These Terms constitute a legally binding agreement between you and the Company.
A Swap Contract is formed between User and User when:
You promise, represent and warrant that you will not participate in any home exchange unless a Swap Contract is formed in this way on the App.
You promise, represent and warrant to us that you will comply with all of your obligations under the Swap Contract.
If you have made a genuine mistake in the Swap Contract, you must contact us at firstname.lastname@example.org and the other User immediately. In our discretion, we will help you try to resolve the issue with the other User, but it will be up to the other User to decide whether to accept any changes as you have entered into a legal contract with that User. Please speak to the other User in the in-app chat to discuss any problems and possible resolutions.
There will be no refund of our Service Fees unless in our discretion we decide otherwise.
The Swap Contract includes the terms set out in this section.
You represent, promise and warrant to the following:
Hosts and Guests are responsible for any modification to a swap that they make using the Holiday Swap App and agree to pay any additional Host or Guest fees with such modifications, when applicable. If a modification cannot be agreed upon, the Users may cancel the Swap Contract, subject to the following conditions.
A User is permitted to cancel a Swap Contract, however, if a Swap Contract is cancelled within seven (7) calendar days before the first date of the Swap Contract, the User cancelling the Swap Contract (the “Cancelling User”) forfeits any Service Fees paid, unless extenuating circumstances apply and are approved by the Company, in our sole discretion. Users must provide adequate evidence, see below.
The User being cancelled on (the “Impacted User”) within seven (7) calendar days before the first date of the Swap Contract, will be refunded the Services Fees of the per night rate, as stated in the App. The amount paid by the Impacted User will be refunded either by the same method paid, or by other reasonable methods determined by the Company. If the Impacted User subscribes to our Guarantee for Property Damage, the Impacted User may apply this Guarantee coverage to a future Swap Contract, within twelve (12) months from the cancellation, however, it may not be refunded.
Please note, Users will not be refunded their Subscription Fees.
Users are encouraged to subscribe to our Guarantee to protect their trip. Please refer to our Guarantee Terms. Users who only subscribe for Property Damage will be permitted to use the Property Damage for the same number days of coverage on another Swap, if their Swap is cancelled, and meets our cancellation policy.
If the User cancels without a valid reason, we reserve the right to make the Property unavailable or blocked for the dates of the cancelled booking. A genuine and legitimate concern of the Impacted User’s behaviour will be deemed as a valid reason, in addition to any of the hereunder extenuating circumstances.
We may give you a refund for the Service Fee for the nightly rate only if the Cancelling User cancel due to extenuating and/or unforeseen circumstances that are not within their control. This includes:
If a User seeks to claim one of these extenuating circumstances, they must provide reasonable and valid documentation of proof requested by the Company. This may include government-issued certificates, copies of official notices, photograph documentation, invoices of damage, and documentation of illness or disease or illness that is affecting the region or an entire group of people (however, this does not include diseases or illnesses that are commonly and known to be found in that region, such as malaria in Sub-Saharan Africa).
Each case for extenuating circumstances will be reviewed by the Company. Please cancel your Swap Contract before filing a claim along with the relevant documentation. Each claim for extenuating circumstances must be submitted to email@example.com within fourteen (14) days of the extenuating circumstance. Claims for extenuating circumstances must be made in good faith and take into account the legitimate interests and safety of both parties.
We strongly advise for all Users to ensure they have the appropriate travel insurance and homeowner’s or renter’s insurance policies to protect themselves against any of the aforementioned circumstances.
You promise, represent and warrant that your Property listing, including photos, provides a reasonably accurate description of the property and that you have not left out any important features or other information about the property or area which Guests would reasonably expect to be told about. Additionally, you guarantee that your Property listing is in safe and habitable condition.
You promise, represent and warrant that you have the full legal right to make the relevant Property available for stays by other Users, whether you are present in the Property or not. Please note, some landlord-tenant agreements do not permit guests on the property, and it is your sole responsibility to ensure you are complying with all rules, third-party agreements and regulations.
You promise, represent and warrant that you have obtained all necessary consents from third-parties to receive guests, including but not limited to mortgage lenders, insurance providers and landlords.
If you share the property with others who will remain during the stay, you promise to have obtained consent from other occupants to receive Guests and that you have disclosed to the Guest in advance of entering into the Swap Contract that the property will not be vacant during the Guest’s stay. You are responsible for the behaviour of those other occupants during the stay.
You promise, represent and warrant to make the keys reasonably available to Guests and in accordance with any methods agreed via the App.
You promise, represent and warrant that you will ensure that the property is made available to Guests in a reasonably clean and tidy condition, with clean running water, hot water, and heating.
You promise, represent and warrant to make yourself reasonably contactable by Guests during the period of any stay in your Property and to respond promptly and appropriately to any requests by Guests.
You promise, represent and warrant to take reasonable care to secure your valuables and obtain insurance for your property.
You promise, represent and warrant to inspect your property immediately after the end of any stay and to report any suspected crime to the police. If you opt into our Guarantee, please ensure you promptly report and document any damage and theft.
Holiday Swap offers subscriptions with various Subscription Plans and Periods to opt into so that you may choose the one that best meets your needs. All payments made to Subscriptions are paid in advance on the App via the Apple (iOS) App Store or Google Play Store, or on the Holiday Swap Website via our secure payment provider, Stripe. Subscription benefits are only available to Subscription paying Users (“Subscribing Users”).
If you choose to subscribe to a Subscription Plan, your Subscription Period will begin on the date your payment is made in full. Subscriptions automatically renew at the beginning of each billing period of the Subscription Plan. Your card used to sign up for the Subscription will be automatically charged on the renewal date unless it is cancelled before the renewal date.
Users are permitted to trial Subscription Plans for fourteen (14) calendar days for free (the “Trial Period”). At the end of the Trial Period, payment for the chosen Subscription Plan will be automatically taken, using the payment method provided by you when subscribing to the Subscription Plan. You may cancel your free trial at any time within the Trial Period, either in the App Store, Google Play Store or on our Website. If you do not cancel, your Subscription will automatically renew for the full Subscription Period.
Subscriptions do not expire during the Subscription Period you select.
Holiday Swap is permitted at its sole discretion to run promotional offers and discounts (the “Offers”) on Subscription Plans, which will be in compliance with App Store and Google Play Store rules. These Offers may only be used in accordance with the terms provided when applicable. They may not be transferred or refunded.
The Company reserves the right to increase Subscription fees at any time and will notify you of this by electronic mail (using the email provided on your Profile) and/or in-app notifications. The current benefits include, but are not limited to, unlimited swaps for the Subscription Period for the Subscribing User and one (1) guest and instantly messaging Users on the App prior to “matching”, limited at ten (10) messages per day. These benefits are subject to change at any time, in the Company’s sole discretion.
We may immediately suspend or cancel your Subscription without notice or a refund if:
Upgrading Subscriptions may occur when you subscribe to a longer Subscription Period, or when you subscribe to our Premium Plus Subscription Plan. The User’s Subscription Plan will be immediately upgraded. Users will receive a refund of the prorated amount of their original Subscription.
Downgrading Subscriptions may occur when you subscribe to a shorter Subscription Period or lower Subscription level. The User’s original Subscription Plan will continue until the next renewal date, and upon the renewal date will automatically be renewed at the shorter Subscription Period or lower Subscription level.
Cancellation of Subscriptions
If you cancel your Subscription, your current Subscription Plan will continue for the remainder of the Subscription Period and until the renewal date.
If you subscribe to our Subscriptions via the Apple (iOS) App, you will be required to cancel your Subscription through the App Store, as per Apple’s in-app purchase policy.
If you subscribe to our Subscriptions via the Google Play Store, you will be required to cancel the Subscription through the Google Play Store, pursuant to their terms and conditions.
Cancellations of Subscriptions made on our Website, paid via our secure payment provider, will need to be cancelled directly on the Website.
Please note, we do not provide refunds for Subscriptions, unless it is within your rights of the “Cooling Off Period” (see below). However, if you have used our Services before you exercise your right to cancel, then you must pay for the value of the Service used up to the date of cancellation.
You promise, represent and warrant that you and your party will comply with all reasonable rules or regulations that apply to the property which are brought to your attention, for example relating to smoking or pets.
You promise, represent and warrant to check the Host’s homeowner’s, renter’s or other relevant insurance coverage in advance and ensure your stay does not breach any of the policies that cover the Host and the Host’s cohabitants.
You promise, represent and warrant that the number of persons who will stay in the property during the stay will not be more than the number of Guests agreed upon in the Swap Contract.
You promise, represent and warrant that you and your party will treat the property with reasonable care and consideration and will not engage in any illegal, disruptive or unreasonable behaviour including vis-à-vis neighbours or other occupants of the property (if it is shared). Guests are not permitted to act in a way that would be a private nuisance to neighbours, such as hosting parties or acting disorderly.
You promise, represent and warrant to take reasonable care to secure your valuables and obtain relevant insurance. The Company is not responsible for any damage, loss or theft during your trip, which is the duration of the Swap Contract.
You promise, represent and warrant to inform Hosts promptly if any of your party causes any damage to the property and to reimburse Hosts for such damage. The Host is entitled to be reimbursed the value of the damage, loss or theft, at the Guest’s responsibility. The Company in its sole discretion may determine if the Guest is responsible to pay the Host and the amount to be paid. We highly encourage all Users to opt into our Guarantee to provide coverage for their trip and Property. Please review our Guarantee Terms.
You promise, represent and warrant that you will leave the Property in a reasonably clean and tidy condition, without damage and waste.
You promise, represent and warrant to leave the keys in the property at the end of the stay unless otherwise agreed with the Owner.
Unless expressly allowed by the Company, you may not list more than one Accommodation per one Property listing.
You represent and warrant that any Property you post and the booking of, or a Guest’s stay at, a Property will (1) not breach any agreements you have entered into with any third-parties, such as homeowners association, condominium, or other agreements, and (2) comply with all applicable laws (such as zoning laws), tax requirements, and other rules and regulations (including having all required permits, licenses and registrations).
As a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Property at your request or invitation, excluding the Guest and any individuals the Guest invites to the Accommodation.
Holiday Swap uses secure payment service providers to ensure your payments are secure.
At the time of entering a Swap Contract, Hosts and Guests must each pay the Service Fees, whether that is the nightly rate per person (i.e. $1 per night, per person) or the subscription fee. The prices shown on our App include VAT or other applicable sales tax. The amount of the Service Fees are as stated on the App, and is subject to change at the Company’s discretion at any time.
We may offer discount codes from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated, codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per User; and (4) expire after twelve (12) months, unless stated otherwise. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion. We reserve the right to reject any discount code if we consider that it is being used in breach of these Terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
We may offer credits from time to time when Users perform certain functions (i.e. when completing a Profile), or Users may purchase credits as an In-App Purchase. Each credit is worth One US Dollar ($1.00 USD) (“Credits”). Such Credits may only be applied to purchases made through the account and are not transferable or redeemable for cash. Unless otherwise stated, Credits: (1) cannot be exchanged for real money, real goods or real services from us or anyone else; (2) are not transferrable to anyone else; and (3) all sales by us to you of Credits are final, and you agree that we will not refund any transaction once it has been made. If you live in the European Union you have certain rights to withdraw from distance purchases.
Credits may only be used in lieu of payment for a Swap Contract. If you are gifted Credits by us or purchase Credits, you may use the value of these Credits towards the Service Fees of the Swap Contract. For example, if you have five (5) credits, you can use these for five US Dollars ($5.00 USD) of the Swap Contract. Please note, Credits cannot be applied to the service fee for subscriptions.
We may revise the pricing and/or value of Credits offered through the Services at any time, but if you have active Credits, such changes will only take effect in the future. We may limit the total amount of Credits that may be purchased at any one time, and/or limit the total amount of Credits that may be held in your account in the aggregate. You are only allowed to obtain Credits from us, and not in any other way.
We reserve the right to suspend, inactivate and delete accounts in accordance with these Terms. If we suspend, inactivate or delete your account, you may lose Credits and we will not compensate you for this loss or make any refund to you.
The charge for Credits is inclusive of all sales taxes, VAT and other charges. Depending on which bank you use, additional charges may be issued by your bank; we have no control over this and accept no liability in relation to the same. If you are unsure whether you will be subject to such additional charges, then you should confirm with your bank before making a purchase on our App. We accept payment via our payment processing partners, Stripe, or through In-App purchases. Our payment processing partners may have their own terms and conditions and you should ensure you are in agreement with these prior to making any payment. If your transaction with our payment processing partners is not successful, then your purchase will not be fulfilled. Upon the completion of a successful payment transaction then your purchase will be fulfilled to you as soon as possible – we will endeavour to fulfil your order immediately at the point of purchase. Please refer to Apple’s In-App Purchases Policy: https://www.apple.com/legal/internet-services/itunes/us/terms.html. Please refer to Google Play’s policy: https://play.google.com/intl/en-us_us/about/play-terms/index.html
If you live in the European Union, we will provide you with a VAT invoice where we are required to do so by law or where requested by you. You agree that these invoices may be electronic format.
You represent and warrant to take reasonable steps to resolve any dispute with other Users who you have entered into a Swap Contract with.
We may adjudicate on any disputes between the parties of a Swap Contract (whether relating to cancellations, inaccurate descriptions or condition of a property, damage to a property or otherwise) in our absolute, sole discretion: (1) where within the Dispute Period one of the Users has raised a dispute (as explained below) and we think that the dispute is not a minor one and in our discretion, requires our intervention; and (2) otherwise in our discretion.
If a Host claims and provides evidence that a Guest has damaged an Accommodation or any personal or other property at any Accommodation, the Host can seek payment from the Guest for the amount of damage, loss or theft, which the Guest (and any of the Guest’s party) are responsible for. Please note, if users do not opt into our Guarantee, they will be required to settle a dispute for property damage, theft, loss or cancellations between themselves. The Company may intervene in its sole discretion, but is in no way required to. The Company also is not liable for any disputes, and dispute subject matter, arising between Users and/or a Swap Contract.
We highly advise all Users to acquire independent insurance coverage for damage, loss, theft or cancellation, or opt into our Guarantee for property coverage and trip cancellation coverage. Please view our Guarantee Terms.
Users agree to cooperate with and assist the Company in good faith, and to provide the Company with such information and take such actions as may be reasonably requested by the Company, in connection with any claim or complaint made by Users relating to the Property or any personal or other property located at the Property.
If we inform the parties that we are adjudicating on a dispute, both Users must provide prompt and reasonable cooperation including provision of any information we request. Subject to such cooperation we will make a decision within forty-five (45) days of receiving all of the information we require but do not guarantee to meet this timescale. Our decision will be in our absolute discretion and will be final but without affecting any legal rights of the aggrieved User against the other User. In the case of cancellations, we will apply the applicable cancellation policy.
If you are a Guest or Host, you understand and agree that the Company may make a claim under your homeowner’s or renters insurance policy related to any damage or loss that you may have caused, or been responsible for, to any personal or other property (including an Accommodation) of the Host (including without limitation amounts paid by the Company). You agree to cooperate and assist the Company in good faith and to provide the Company with such information as may be reasonably requested by the Company, to make a claim under your homeowner’s or renter’s insurance, including, but not limited to, executing documents and taking such further steps as the Company may reasonably request to assist the Company in accomplishing the foregoing. If the User has another insurance policy (which is not homeowner’s or renter’s insurance) then these rules still apply.
If you are located within the European Economic Area, you have the right to cancel this Agreement subject to the provisions set out below. However, you lose the right to cancel contracts for digital downloads where the supply began before the end of cancellation period with your express consent and you acknowledged that your right to cancel would be lost in such case.
You have the right to cancel this Agreement within fourteen (14) days without giving any reason. The cancellation period will expire after fourteen (14) days from the day of the conclusion of the Agreement.
To exercise the right to cancel, you must inform us via email to firstname.lastname@example.org and confirm your decision to cancel this Agreement by a clear statement. You may use the following model cancellation form at the end of this Agreement.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
If you cancel this Agreement within the allotted time, we will reimburse to you payments received from you (this does not include In-App purchases, Service Fees (including subscriptions). We will make the reimbursement without undue delay, and not later than thirty (30) days after the day on which we are informed about your decision to cancel this Agreement. We will make the reimbursement via Stripe, PayPal, Transferwise or other electronic banking means in our sole discretion; in any event, you will not incur any fees as a result of the reimbursement.
You and we are entitled to end this Agreement for use of our App at any time and for any reason by giving notice of cancellation by emailing us at email@example.com.
If either of us ends this Agreement:
For an example to end this Agreement, please refer to Appendix 1.
We may use third party-provided services or display third-party advertising within our App and/or link to third-party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or services. You use them at your own risk. Our in-app ads are provided by the Facebook Ad Network. To learn more, please refer to Facebook’s terms.
Any guidance or similar information which we ourselves make available on our App is intended as very general guidance information, but we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.
Your account on our App is for your personal use only and is non-transferable (this includes any assignments or delegations of your rights and responsibilities under this contract). You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third-parties who use your account or identity (unless and to the extent that we are at fault).
We do not guarantee that the App will be uninterrupted or error-free and are not responsible for any losses arising from such interruptions or errors.
We are entitled, without notice and without liability, to suspend the App for repair, maintenance, improvement or other technical reason.
We are entitled, without notice and without liability, to make changes to the App. We will try to ensure these do not have a material adverse effect on your use of the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility subject to these terms and conditions.
We, not Apple or Google Play, are responsible for addressing your claims or the claims of any third party relating to the App or the end-user’s possession and/or use of that App, including, but not limited to:
All trademarks, logos, graphics, images, photographs, animation, videos, text and software used on and in connection with the App are the Company’s intellectual property or that of our partners or other Users. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent. The Company’s registered trademarks include our logo and branded name, “Holiday Swap”.
Just to be clear – you must not collect, scrape or harvest any Content on our App without our specific prior written consent. All content included in or made available through our App, platforms, and social media sites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of the Company, or its content suppliers and protected by the United Kingdom and international copyright laws.
The compilation of all content included in or made available through our App is the exclusive property of the Company.
If you publish any Content on our App, you grant us a worldwide, perpetual, non-exclusive, transferable (with right to sub-license), royalty-free licence to use, copy, alter, display, and create extracts of, or derivative works from, that Content in any media formats, on our own App, on our other channels including mobile, email communications, social media, PR, competitions and press releases and also on third party media, including for the purpose of redistribution or promotion of our App. You waive your moral rights in relation to such Content to the extent legally permitted. You also grant each User a licence to use your Content in accordance with these Terms. This includes all Profile information and images.
Please ensure all images uploaded by you onto their Profiles or the In-App map, MyMaps, are owned by you and do not infringe any intellectual property laws. Any intellectual property infringements will be the sole responsibility of the User, and the User agrees to not hold the Company liable.
You must not reverse-engineer or decompile any of our software in any way (except to the extent allowed by applicable law). You must not create or use a modified or derivative version of our software or distribute or sublicense our software to third parties. You must take reasonable steps to ensure that our software is not disclosed to any third-party.
In the event of any third-party claim that the App or your possession and use of the App infringes that third-party’s intellectual property rights, we, not the Appstore, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
If you have any questions regarding your privacy rights, please email us at firstname.lastname@example.org.
You must be at least eighteen (18) years old and able to enter into legally binding contracts to access and use Holiday Swap’s Services or register a Holiday Swap account. By accessing or using our services, you represent and warrant that you are eighteen (18) years or older and have the legal capacity and authority to enter into a contract.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. By agreeing to this Agreement, you represent and warrant that you will comply with any applicable export control laws in your local jurisdiction.
The access to or use of Holiday Swap’s Services may be subject to separate policies or may require you to accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature, the latter terms and conditions will take precedence with respect to your access to and use of that area or feature, unless specified otherwise.
If you access or download the App from the Apple App Store or Google Play Store (or another applicable app store), you agree to their Licensed Application End User License Agreements. Our MyMaps implement mapping services from Google Maps API, and your use with this feature is subject to Google Maps Additional Terms of Service.
Due to the difficulty of verifying a User’s identity on the internet, we do not assume any responsibility for the confirmation of any User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users; (ii) screen Users against third-party databases or other sources and request reports from service providers; and (iii) where we have sufficient information to identify a User, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background of registered sex offender checks in your local jurisdiction. The Company, however, is not responsible for confirming User identities or property verification, but may do so in its absolute and sole discretion.
We are not liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third-party telecommunication failures.
IF YOU CHOOSE TO USE OUR SERVICES, YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. THE COMPANY’S SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMPANY’S SERVICES, WEBSITES, AND APP ARE PROVIDED BY HOLIDAY SWAPPING LIMITED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
YOU AGREE THAT YOU HAVE HAD WHATEVER OPPORTUNITY YOU DEEM NECESSARY TO INVESTIGATE THE COMPANY’S SERVICES, LAWS, RULES, OR REGULATIONS THAT MAY BE APPLICABLE TO YOUR LISTINGS AND/OR HOST SERVICES YOU ARE RECEIVING AND THAT YOU ARE NOT RELYING UPON ANY STATEMENT OF LAW OR FACT MADE BY THE COMPANY RELATING TO A LISTING.
IF WE CHOOSE TO CONDUCT IDENTITY VERIFICATION OR BACKGROUND CHECKS ON ANY USER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
TO THE FULL EXTENT PERMISSIBLE BY LAW, HOLIDAY SWAPPING LIMITED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BY NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT OUR SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR PLATFORMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR PLATFORMS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Unless your Country of Residence is in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Company’s App and/or Services, whether in person or online remains with you. Neither the Company nor any other party involved in creating, producing or delivering the Company’s App and/or Services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms; (ii) from the use of or inability to use the App and/or Services; (iii) from any communications, interactions or meetings with other Users or other persons with whom you communicate, interact or meet with as a result of your use of the App; or (iv) from your publishing or entering into a Swap Contract, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not the Company has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Nothing in this Agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited in your jurisdiction of residence. In this section, any reference to us includes our employees and agents.
The Company shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
You will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this Agreement or misuse of our App (subject of course to our obligation to mitigate any losses).
If your Country of Residence is in the EU, we are liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. We are liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents.
Essential contractual obligations are such duties of the Company in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract, but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of the Company is excluded.
The following applies where Apple Inc. is the Appstore:
You agree to release, defend, indemnify and hold Holiday Swap and its affiliates, subsidiaries, officers, directors, employees and agents, as harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our other Company Policies; (ii) your improper use of our App; (iii) your interaction with any User, stay at an accommodation, including but not limited to any injuries, losses, theft or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction or stay; or (iv) your breach of any laws, regulations or third party rights.
These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. Any dispute will be subject to the exclusive jurisdiction of the courts of England and Wales.
If you have any complaints, please contact us at email@example.com.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to our Services. You may submit this feedback by emailing us through the “Contact Us” page on our Website. Any feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting feedback to us. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
We may send all notices under this Agreement by email to the most recent email address you have provided to us. All notices will be published on our App and Website.
Headings in this Agreement are for information purposes only and are not binding.
Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Holiday Swap and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Holiday Swap and you in relation to the access to and use of our Services.
No joint venture, partnership, employment, or agency relationship exists between you and Holiday Swap as a result of this Agreement or your use of our Services.
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
If any provision of these Terms is held to be invalid and unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
A person who is not a party to this Agreement shall have no rights to enforce this Agreement except insofar as expressly stated otherwise. Where Apple Inc. is the Appstore, Apple and Apple Inc.’s subsidiaries are third-party beneficiaries of this Agreement, and, upon your acceptance of these Terms, Apple will have the right, and will be deemed to have accepted the right, to enforce this Agreement against you as a third-party beneficiary thereof.
Holiday Swap’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Holiday Swap’s prior written consent. Holiday Swap may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with thirty (30) days prior notice. Your right to terminate this Agreement at any time remains unaffected.
This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements between the parties with respect to the subject matter hereof and shall bind each party. No variation of this agreement shall be valid unless it is in writing and signed by or on behalf of each of the parties.
A person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this Agreement are not subject to the consent of any person that is not a party to this agreement.
If you have any questions about these Terms, please email us at firstname.lastname@example.org.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. Furthermore, it is in our sole discretion to discontinue any product at any time, without cause or reason.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
If you have any questions pertaining to online orders, please contact email@example.com.
All purchases of physical items from the Company are made pursuant to a shipment contract. For shipment contracts, the seller must satisfy the following for perfect delivery: (1) get the goods to a common carrier; (2) make arrangements for delivery; and (3) notify the buyer. The risk of loss and title for the physical items purchased from the Company pass to you upon our delivery to the carrier.
The Company does not take title to returned items until the items have been physically returned to us. At our discretion, a refund may be issued without requiring a return. In this situation, the Company does not take title to the refunded item.
To be eligible for a return, refund or exchange, your item must be unused and in the same condition that you received it in. Please maintain our original packaging and send back the item in this packaging. Returns, refunds and exchanges must be made within fourteen (14) calendar days from receiving the purchase. Once your return is received and inspected for quality, we will notify you by email whether you are eligible for a refund. If approved, then your refund will be processed and a credit will automatically be applied to your original payment method within seven (7) business days. Please note that you are responsible for paying your own shipping costs for returning your items. Shipping costs are non-refundable.
The Company attempts to be as accurate as possible when providing product descriptions. However, the Company does not warrant that product descriptions or other content is accurate, complete, reliable, current or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition pursuant to our Returns Policy (above).
Company name: Holiday Swapping Limited
Country of incorporation: England and Wales.
Registered number: 10847362
Registered office and trading address: 43 Berkeley Square, London, United Kingdom, W1J 5FJ
Other contact information: See our website. www.holidayswap.com
Via Electronic Mail, firstname.lastname@example.org
Holiday Swapping Limited
Berkeley Square House
London W1J 6BD
Dear Holiday Swapping Limited:
I/We hereby give notice that I/we cancel my/our Agreement with Holiday Swapping Limited. Please delete any and all personal information that has been stored pursuant to the Agreement with you.
Name of user/s:
Address of user/s: