Terms & Conditions
Last Updated: 2 February 2023
Please read the Terms & Conditions (“Terms”) for using the App and Website (collectively, the “Services”) for Holiday Swap, operated by Holiday Swap Group Limited, a company incorporated in England and Wales with offices at 43 Berkeley Square, London, United Kingdom, W1J 5FJ, 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.
Capitalized terms have the following meanings in these Terms:
App: The Holiday Swap application distributed by us including any related services provided by us, including the web-based App.
Appstore or Google Play: The application store from which you download the App.
App Store Rules: Any applicable rules, policies, or terms of the relevant App Store.
Instant Booking or Booking Request: Any reservation made by users to stay at a Host’s accommodation.
Chargeback: Any payment that is for any reason cancelled, refunded, reversed, charged back, withdrawn, disputed or otherwise called into question together with any fees, penalties or other charges that are or may be payable in connection therewith.
Content: All information of whatever kind published, stored or sent on or in connection with our App, including all information provided by Users on their Profiles.
Dispute Period: Within seven (7) days of the swap end date as recorded with us unless otherwise stated on our App at the time of the Swap Contract.
Guest: User in their capacity of staying at other properties (as well as other members of a Guest’s party).
Host or Owner: User in the capacity of making their properties available for other Users to stay in.
Hosting: When a User Hosts a Guest.
Profile: User profiles on the App, both personal profiles and property listings.
Property or Accommodation: The property listed on Users accounts that are offered for swapping and/or Hosting on the App.
Services:Any services the Company provides on the App or Website.
Subscription Fees: Any fee required to be paid when using the App to complete a Swap or Hosting
Subscription: The Company’s subscription plans providing benefits to paying and subscribing Users.
Swap: A home exchange and/or Hosting of a Guest on the agreed upon dates of a Swap Contract.
Swap Contract: Contract between Users to swap or be Hosted in their respective properties.
User: Any person who uses our App and including all Hosts and Guests in a Swap Contract.
Website: The Holiday Swap website, currently, www.holidayswap.com.
2. Applicability of the Terms.
3. Changes to the Terms.
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. Updated Terms will be added to the Website. 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 or letter. 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.
4. General Use of Our App.
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 App Store rules subject to these Terms. 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 are below eighteen (18) years of age; or
You have been convicted of any offense, or subject to any court order, relating to assault, violence, sexual misconduct, harassment or involving dishonesty.
You must comply with any instructions or guidelines within the App. You must ensure that any contact information 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. You acknowledge that the App Store 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 App Store; 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. It is your responsibility to frequently monitor for App updates and to install them as soon as they become available.
5. Additional User Obligations.
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 represent and warrant to us 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 email@example.com. We may in our discretion try to resolve the dispute, but we have no legal obligation to do so.
6. Acceptable Use Policy.
You are solely responsible for compliance with all laws, rules, regulations, and tax obligations that may apply to your use of the App. You agree that you will not, in connection with the App, do the following, as these behaviors are strictly forbidden and may result in your Profile closure:
Breach any applicable law, regulation, or code of conduct, and/or assist or enable another to breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights or our Terms and other policies on our Website and App.
Publish or send any Content (including links or references), or otherwise behave in a manner, which:
is defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive or deceptive;
infringes any intellectual property or other rights of others (this includes posting images and tips on the in-app map, My Maps);
involves phishing or scamming or similar conduct; or
content which we otherwise reasonably consider to be inappropriate.
Publish or send any Content which involves revealing any personal data or information of another person (i.e. information enabling someone to be identified or contacted) unless that person is eighteen (18) years or over and you have obtained that person’s expressed written consent.
Impersonate any person or entity for the purpose of misleading others.
Sell access to the App.
Use the App to provide a similar service to third parties or otherwise with a view to competing with us.
Sell advertising, sponsorship, or promotions on or in connection with Content except where explicitly authorized by us.
Use the App for junk mail, spam, pyramid or similar or fraudulent schemes, or unsolicited commercial messages.
Do anything which may have the effect of disrupting the App.
Do anything which may negatively affect other Users’ enjoyment of the App.
Use our App for other purposes not expressly permitted by these Terms or in a manner that falsely implies Company endorsement, partnership otherwise misleads others as to your affiliation with the Company
Offer, as a Host, any Accommodation that you do not yourself own or have permission to make available as a resident or other property through our App.
Contact another User for any purpose other than asking a question related to your own Swap or booking, properties, or the User’s use of the App, including, but not limited to recruiting or otherwise soliciting Users to join third-party services, applications, or websites.
Use the App to request, make or accept a booking independent of the App, to circumvent any Subscription Fees or for any other reason.
Request, accept or make any payment for a Swap outside of the Company’s App or payment provider and services. If you do so, you acknowledge and agree that you: (1) would be in breach of these Terms; (2) accept all risks and responsibility for such payments; and (3) hold the Company harmless from any liability for such payment.
Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior.
Use, display, mirror or frame the Company’s content, name, trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the App, without the Company’s express written consent.
Dilute, tarnish, or otherwise harm the Company’s brand or business in any way.
Use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the App.
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by the Company or any third party on behalf of the Company.
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Company’s App, Website and any other platforms owned and/or run by the Company.
Take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the App.
Export, re-export, import, or transfer the App except as authorized by United States law, the laws of England and Wales, and the export control laws of your jurisdiction, and any other applicable laws.
Violate or infringe anyone else’s rights or otherwise cause harm to anyone.
Attempt, encourage, or assist any of the above.
7. Platform Service.
Our App constitutes a neutral platform whereby Users can arrange to Swap 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 Swap.
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 behavior 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 behavior. If so, please contact us at firstname.lastname@example.org to report the issue. If appropriate, you should stop using the App and seek relevant external help, for example from law enforcement authorities. If you have any complaint about Content or behavior which you think is defamatory or otherwise infringes your rights, please email us at email@example.com.
9. Reviews and Rating.
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 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.
10. Your Profile, Content and Property Listing.
You are responsible for your Profile and Content. You represent and warrant 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. 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 behavior if it is the subject of complaint or where we have reason to believe that it breaches our Terms, 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.
11. Contractual Relationship.
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.
12. Swap Contracts, Warrant and Representations.
A Swap Contract is formed between User and another User when a swap is confirmed via our App including dates and number of Guests. 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 further represent and warrant to us that you will comply with all 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 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 Subscription Fees unless in our sole discretion, we decide otherwise. The Swap Contract includes the Terms set out in this section. You warrant and represent to us the following:
To deal with other Users in a polite, courteous and co-operative manner.
To comply with all visa requirements, tax requirements, all applicable laws, regulations, and ordinances (including zoning laws, permits and licenses).
To not breach any agreements entered into with any third-parties.
To take out adequate insurance coverage both in your capacity as a Host and Guest. This includes, but is not limited to, insurance covering property and home, liability, travel, and health.
Not to offer, request or accept payment from another User on the same dates when a Swap Contract has already been formed.
To notify the other User and our support (email@example.com) promptly, in writing, if you have any complaint arising from the stay.
13. Cancellations of Swap Contracts – Issue of Tokens.
FOR THE AVOIDANCE OF ANY DOUBT, ALL USERS MAY BE REFUNDED IN THE FORM OF IN-APP TOKENS ONLY. REFUNDS WILL NOT BE MADE VIA PAYPAL, OR ANY OTHER PAYMENT METHOD. As of June 2021, all refunds in the App will only be provided in the form of in-app Tokens, which may be used for a future home exchange within the Holiday Swap App. Only in extenuating circumstances, as outlined herein, shall a User be refunded in the form they paid, or if it is within the “cooling-off” period or otherwise, pursuant to applicable laws and regulations. It is in Holiday Swap’s sole discretion to provide refunds to Users in alternative forms from in-app Tokens, as in-app Tokens are the standard for all refunds. 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, 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 Subscription Fees paid and a refund of the fees in the form of in-app Tokens, unless extenuating circumstances apply and are approved by the Company, in our sole discretion. The User being cancelled on (the “Impacted User”) within seven (7) calendar days before the first date of the Swap Contract, will be refunded, in the form of in-app Tokens only. The in-app Tokens can then be used for another Swap Contract. Please note, Users will not be refunded their Subscription Fees. Users are strongly encouraged to take out their own insurance.
14. Company Insurance.
AT THIS TIME, THE COMPANY DOES NOT SELL ANY INSURANCE. The Company accepts no liability for claims made. We strongly advise for all Users to ensure they have the appropriate insurance.
15. Extenuating Circumstances.
We may give you a refund for the Subscription Fee for the nightly rate only if the Cancelling User cancels due to extenuating and/or unforeseen circumstances that are not within their control. This includes:
Death of a Host, Guest, or an immediate family member.
Airport or road closures making it impossible for you to travel to your destination.
Airport or road closures due to natural disasters.
If the Host or Guest has been individually impacted by a natural disaster or if there has been severe damage to their home (this does not include planned renovations).
Serious illness of the Host, Guest or any member of the travelling party.
Unforeseen or unexpected changes in a country’s safety and security, such as government security advisories due to political or civil unrest and/or violence, increased military presence, high terrorist alerts, or severe damage to the area’s infrastructure and stability.
Civil obligations such as jury duty, court appearances, military deployment, and individual or government mandated travel restrictions, such as sudden changes to visa or passport requirements (this does not include lost or expired travel documents).
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). Please note, COVID-19 is a foreseeable event. From April 15, 2020, any bookings that are booked and subsequently cancelled owing to any reason linked to COVID-19, will not be considered an extenuating circumstance. Trips cancelled for any reason linked to COVID-19 will not be able to recover any Subscription Fees. Each case for extenuating circumstances will be reviewed by the Company. Each claim for extenuating circumstances must be submitted to firstname.lastname@example.org 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.
16. Third Party Insurance.
AT THIS TIME, THE COMPANY DOES NOT SELL ANY THIRD PARTY INSURANCE. The Company accepts no liability for claims made. We strongly advise for all Users to ensure they have the appropriate insurance, including homeowners or renters.
17. In Your Capacity as Owner/Host.
You represent and warrant to us 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.
Your Property listing is in safe and habitable condition.
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 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 the Swap Contract that the property will not be vacant during the Guest’s stay. You are responsible for the behavior of those other occupants during the stay.
To make the keys reasonably available to Guests and in accordance with any methods agreed via the App.
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.
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.
Take reasonable care to secure your valuables and obtain insurance for your property.
To inspect your property immediately after the end of any stay and to report any suspected crime to the police.
Holiday Swap may offer a Subscription with various offers and periods from time to time. All Subscription payments made are paid in advance on the App via our secure payment providers. Stripe and/or PayPal Subscription benefits are only available to Subscription paying Users (“Subscribing Users”). If you choose to subscribe to a Subscription, your period will begin on the date your payment is made in-full. A Subscription automatically renews at the beginning of each billing period of your Subscription. 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 a Subscription for fourteen (14) calendar days for free (Trial Period”). At the end of the Trial Period, payment for the chosen Subscription will be automatically taken, using the payment method provided by you when subscribing to your Subscription. You may cancel your free trial at any time within the Trial Period, or on our Website. If you do not cancel, your Subscription will automatically renew for the full period of your Subscription. During the Trial Period, insurance is not included. The Company accepts no liability for claims made. We strongly advise for all Users to ensure they have the appropriate insurance. Holiday Swap is permitted at its sole discretion to run promotional offers and discounts (“Offers”) to acquire a Subscription. 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 fees for a Subscription 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 period of the Subscription for the User and for one (1) guest and instant messaging Users on the App prior to “matching” - limited to ten (10) messages per day. These benefits are subject to change at any time, in the Company’s sole discretion. The Company may immediately suspend or cancel any type of Subscription without notice or refund, if you:
Breach these Terms.
Fail to fully disclose the number of Guests you bring per Swap.
Cancel an agreed and confirmed Swap Contract within seven (7) days from the agreed start date unless under extenuating circumstances.
Are made part of a bankruptcy proceedings or if you do not pay a court judgment on time.
Other reasonable circumstances that arise justifying suspension or cancellation, at the Company’s sole discretion.
19. Cancellation or Downgrading of a Subscription.
If you cancel or downgrade your Subscription, your current Subscription will continue for the remainder of the period of the current Subscription and will then downgrade to the downgraded Subscription. Subscription cancellations made on our Website, paid via our secure payment provider, will need to be cancelled directly on the Website. Cancellations of a Subscription made on our App, paid via our secure payment provider will need to be cancelled directly on the App. Please note, we do not provide refunds for a Subscription unless it is within your rights of the “Cooling Off Period” (see above). 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.
20. In Your Capacity as Guest.
You represent and warrant to us that:
You and your party will comply with all reasonable rules or regulations that apply to the property which are brought to your attention (e.g., relating to smoking or pets).
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.
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 and your party will treat the property with reasonable care and consideration and will not engage in any illegal, disruptive, or unreasonable behavior including vis-à-vis neighbors or other occupants of the property (if it is shared).
You will not act in a way that would be a private nuisance to neighbors, including but not limited to hosting parties or acting disorderly.
To take reasonable care to secure your valuables and obtain relevant insurance.
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.
You will leave the Property in a reasonably clean and tidy condition, without damage and waste.
To leave the keys in the property at the end of the stay unless otherwise agreed with the Owner.
21. Acts and Omissions.
Unless expressly allowed by the Company, you may not list more than one accommodation per one Property listing. You represent and warrant to us 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.
22. Payments and Discount Codes.
Holiday Swap uses secure payment service providers to ensure your payments are secure. At the time of entering a Swap Contract, Hosts and Guests can have unlimited Swaps once they have paid their Subscription Fees. The prices shown on our App include VAT or other applicable sales tax. The amount of the Subscription Fee is 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.. 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 this Terms. Discount codes are subject to any additional specific Terms 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.
23. In-App Purchases and Tokens.
We may offer Tokens from time to time when Users perform certain functions (e.g. when completing a Profile), or Users may purchase Tokens as an In-App Purchase. Each Token is currently worth One US Dollar ($1.00 USD) (“Tokens”). Such Tokens may only be applied to purchases made through the account and are not transferable or redeemable for cash. Unless otherwise stated, Tokens: (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 Tokens are final, and you agree that we will not refund any transaction once it has been made. If you live in the United Kingdom or the European Union, you have certain rights to withdraw from distance purchases. Tokens may only be used in lieu of payment for a Swap Contract. If you are gifted Tokens by us or purchase Tokens, you may use the value of these Tokens towards a subsequent Booking. Please note, Tokens cannot be applied to the Subscription Fee. We may revise the pricing and/or value of Tokens offered through the Services at any time, but if you have active Tokens, such changes will only take effect in the future. We may limit the total amount of Tokens that may be purchased at any one time, and/or limit the total amount of Tokens that may be held in your account in the aggregate. You are only allowed to obtain Tokens 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 Tokens and we will not compensate you for this loss or make any refund to you. The charge for Tokens 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 and or PayPal, or through In-App purchases. Our payment processing partners may have their own terms and you should ensure you agree 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, your purchase will be fulfilled to you as soon as possible; we will endeavour to fulfil your order at the point of purchase. If you live in the United Kingdom or European Union, we will provide you with a VAT invoice where we are required to do so by law or when requested by you. You agree that these invoices may be electronic format.
24. Disputes Between Users.
You represent and warrant to us to take reasonable steps to resolve any dispute with other Users who you have entered into a Swap or Booking with. We may adjudicate on any disputes between the parties of a Swap Contract or Booking (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) is responsible for. 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. 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.
25. Right to Cancel (Cooling-Off Period).
If you are located within the United Kingdom or European Economic Area, you have the right to cancel subject to the provisions set out below. However, you lose the right to cancel 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 within fourteen (14) days from the date you initially signed up as a Guest or Host without giving any reason. To exercise the right to cancel, you must inform us via email to email@example.com confirm your decision to cancel by a clear statement. You may use the following model cancellation form at the end of this Agreement. To meet the cancellation deadline, you must send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you cancel within the allotted time, we will reimburse you payments received from you; this does not include App purchases and Subscription 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. We will make the reimbursement via Stripe, PayPal, or other electronic banking means in our sole discretion; in any event, you will not incur any fees because of the reimbursement. You are entitled to cancel use of our App at any time and for any reason, by giving notice of cancellation by emailing us at firstname.lastname@example.org. You may use the following model cancellation form at the end of this Agreement. If you cancel:
Your Agreement still continues insofar as necessary to facilitate any pending Swap Contracts you entered into before termination (which are unaffected)
Stop the above, your right to use our App is terminated.
You are not entitled to any refund (though this does not affect a cooling off rights, explained above).
Any rights and liabilities which arose before termination are unaffected.
All clauses which are stated or intended to continue after cancellation will continue to apply.
You must not attempt to re-download our App if we have given you notice of termination.
26. Cancellation of Booking Requests and Instant Bookings - Issue of Tokens.
Hosts and Guests are responsible for any modification to a Booking or Instant Booking that they make and agree to pay any additional Host or Guest fees if applicable. If a modification cannot be agreed upon, the Guest may cancel the booking, subject to the following conditions:
Instant Booking. Hosts and Guests are responsible for any modification to a Booking or Instant Booking that they make and agree to pay any additional Host or Guest fees if applicable. If a modification cannot be agreed upon, the Guest may cancel the booking, subject to the following conditions:
Booking Request. When a Guest makes a Booking Request, Tokens will be blocked temporarily. The Booking request is sent to the Host. The Host then has three (3) options:
If the Host agrees with the Guest and travel commences, Tokens will be released on the first calendar day of the trip.
If the Host disagrees, the Tokens will be returned on that day.
If no decision is made within twenty four (24) hours the Booking Request will be cancelled and Tokens will be returned to the user.
27. Third Party Services / Advertising / Websites.
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.
28. Guidance by Us.
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 inquiries 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 authorize 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 unauthorized disclosure or use of a password. You are responsible for third-parties who use your account or identity.
30. Functioning of Our App.
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.
31. Intellectual Property Rights.
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. You mustn’t 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 license 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 license 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 Profile 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 App Store, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
32. Privacy and Personal Data.
33. Legal Compliance and Eligibility for Using Our Services.
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 (1) 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 (2) you are not listed on any U.S. Government list of prohibited or restricted parties. You represent and warrant that you will comply with any applicable export control laws in your local jurisdiction. The access to or use of Services may be subject to separate policies or may require you to accept additional Terms. If there is a conflict between these terms and terms applicable to a specific area or feature, the latter terms will take precedence with respect to your access to and use of that area or feature, unless specified otherwise.
34. Member Verification.
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; if it does confirm User identities or property verification, it may do so in its absolute and sole discretion.
35. Events Outside Company’s Control.
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 THE COMPANY 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 SWAP GROUP LIMITED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT 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 United Kingdom or the European Union, 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 (1) these Terms; (2) from the use of or inability to use the App and/or Services; (3) 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 (4) 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 any of the following apply:
There is no breach of a legal duty of care owed to you by us or by any of our employees or agents.
Such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract).
Such loss or damage is caused by you, for example by not complying with this Agreement, Terms and Policies.
Such loss or damage relates to a business of yours.
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 United Kingdom or European Union, 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 Agreement, but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of the Company is excluded.
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 (1) your breach of these Terms or our other Company policies; (2) your improper use of our App; (3) 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 (4) 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 non-exclusive jurisdiction of the courts of England and Wales. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in the above clause takes away or reduces your rights as a consumer to rely on those provisions. If you are a consumer, any dispute, controversy, proceedings or claim between you and us relating to this Agreement, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
40. Complaints and Feedback.
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.
41. General Provisions.
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, 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. 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 Contract (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 firstname.lastname@example.org.
42. Online Store.
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.
43. Fees and Waiver of Fees.
Guests subscribed to an annual plan of $100 are entitled to having all Booking Fees waived for the tenure of that subscription. All other Guests will be subject to a $10 (USD) per night booking fee on top of any other charge. Hosts who have subscribed to the annual plan of $100 will pay a 3% fee on the total cost of all completed bookings. Hosts are entitled to monies 72 hours after the first day the booking commences. All other hosts, not subscribed the the annual plan of $100 will pay a 6% fee on the total of all completed bookings. This includes casual hosts who are on the $10 per month plan. We reserve the right to change the booking fee at our discretion and will endeavour to inform all customers prior to any change.
43.1 Cancellation of cash bookings
More than 7 days in advance of the booking a start date:
If a guest cancels more than 7 days before the booking start date, all credit will be refunded within 72 hours of cancelling, minus the first 3 nights of the Booking Fee.
If a host cancels more than 7 days before the booking start date, all credit will be refunded to the guest within 72 hours of cancelling and the company will do everything reasonably possible to find an alternative accommodation. This is not guaranteed. There will be no penalty to the host for cancelling.
Less than 7 days in advance of the booking a start date:
If a guest cancels less than 7 days before the booking start date, all credit, minus the Booking Fees will be funded to the host within 72 hours of cancelling.
If a host cancels less than 7 days before the booking start date, all credit will be refunded to the guest within 72 hours of cancelling and the host will pay the Booking Fee penalty, 3% of total for premium hosts or 6% for casual hosts. This penalty will be deducted immediately.
44. Government Identification.
Various government laws require us to obtain, verify, and record information identifying each person who opens an account, including applicable “Know Your Customer” requirements. You acknowledge such information disclosure requirements and agree to comply with all such information disclosure requests from time to time. In accordance with this, we require a valid Governmental ID before any Host payouts. We use the third party company, SuperHog, to undertake our know your customer practises.
45. Headings and References.
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 gender. Unless the context otherwise requires, words in the singular include the plural and, in the plural, include the singular.
46. Incorporation Information.
Holiday Swap Group Limited is incorporated in England and Wales. The registered number is 10847362. The Company’s registered office is 43 Berkeley Square, London, United Kingdom, W1J 5FJ. For more information, visit our Website.
47. Taxes and licences.
Occupant taxes, operating licenses and related liabilities are the sole responsibility of the host or homeowner.
Cancellations can be made via email at firstname.lastname@example.org or in writing by mail at 43 Berkeley Square, London, United Kingdom, W1J 5FJ. Below is a model cancellation form.
Dear Holiday Swap Group Limited:
I/We hereby give notice that I/we cancel my/our Agreement with Holiday Swap. 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:
User/s signature (if in writing):