Terms & Conditions
Last Updated: December 17, 2018.
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 1 Berkeley Street, London, England W1J 8DJ, 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:
- “App”: The Holiday Swap application distributed by us including any related services provided by us.
- “Appstore”: The app store from which you download the App.
- “Appstore Rules”: Any applicable rules, policies or terms of the relevant Appstore.
- “Chargeback”: Means any payment that is for any reason cancelled, refunded, reversed, charged back, withdrawn, disputed or otherwise called into question together with any fees, penalties or other charges that are or may be payable in connection therewith.
- “Consumer”: An individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
- “Content”: All information of whatever kind published, stored or sent on or in connection with our App.
- “Dispute Period”: Within seven (7) days (unless otherwise stated on our App at the time of the Swap Contract) of the swap end date as recorded with us
- “Guests”: Users in their capacity of staying at other Users’ properties (as well as other members of a Guest’s party).
- “Owners” or “Hosts”: Users in their capacity of making their properties available for other Users to stay in.
- “Property” or “Accommodation”: The property listed on Users’ accounts that are offered for swapping and/or hosting on the App.
- “Swap Contracts”: Contracts between Users to swap stays in their respective properties.
- “User”: Any person who uses our App including Guests and Owners.
- Applicability of the 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 (“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, you agree to be bound by the relevant Appstore Rules.
These Terms apply to all Users. As a Guest, you promise that all other people staying with you at the Owner’s property will comply with these Terms, including the Swap Contract, and you will be responsible to us and the Owner 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.
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. 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.
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 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 are below eighteen (18) years of age; or
- You have been convicted of any offence, 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 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.
Use of Our App: 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 promise, represent and warrant that under no circumstances will you allow more persons to stay in your 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 firstname.lastname@example.org. We may in our discretion try to resolve the dispute, but we are not obligated to do so.
Acceptable Use Policy
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:
- Breach any applicable law, regulation or code of conduct, and/or assist or enable other 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 to other content), 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;
- 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 the 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 residential 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 bit limited to recruiting or otherwise soliciting Users to join third-party services, applications or websites, without our prior written approval;
- Use the App to request, make or accept a booking independent of the App, to circumvent any Service 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 or 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 bran 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; or
- Attempt, encourage or assist any of the above.
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. 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 email@example.com 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 firstname.lastname@example.org.
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, misleading, or misleading.
Reviews and ratings 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 Content. You promise to us that you have (and will retain) all rights and permissions 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 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 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 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 Users only when:
- A swap is confirmed via our App including dates and number of Guests;
- Users have complied with any other applicable requirements on our App; and
- The fees applicable to the Swap Contract have been paid in full, in addition to the deposit if requested by the Host.
You promise, represent and warrant that you will not participate in any stay unless a Swap Contract is formed in this way.
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 email@example.com 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. However, there will be no refund of our fees unless in our discretion we decide otherwise.
General: Swap Contracts Between Users
The Swap Contract includes the terms set out in this section.
You represent, promise and warrant to the following:
- To deal with other Users in a polite, courteous and co-operative manner;
- To comply with all visa requirements, tax requirements, not breach any agreements you have entered into with any third parties, all applicable laws, regulations and ordinances (including zoning laws, permits and licenses);
- 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 in return for a stay when a Swap Contract has already been formed; and
- To notify the other User promptly in writing if you have any complaint arising from the stay.
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.
Guests may cancel a confirmed Swap Contract at any time pursuant to the Listing’s individual cancellation policy to receive a complete refund of their Security Deposit. Please note that, although the cancellation policy is up to the Users’ discretion, it must be within a commercially reasonable time to protect both parties’ interests.
If a Host cancels a confirmed Swap Contract, the Guest will receive a full refund of their Security Deposit from the Host and their service fee. If the Host cancels without a valid reason, we reserve the right to make the Listing unavailable or blocked for the dates of the cancelled booking. A genuine and legitimate concern of the Guest’s behaviour will be deemed as a valid reason, in addition to any of the hereunder extenuating circumstances.
It is in our discretion to provide a complete refund of the service fee of $1 per night, per bed. Please note, that if the cancellation occurs within an unreasonable amount of time before the date of performance of the Swap Contract or after the Listing’s cancellation policy, you risk losing the service fee. We reserve the right to allow the Guest to apply a refund of the service fee to a new Swap Contract in the future.
We may give you a refund for the service fee and/or Security Deposit if you cancel due to extenuating and/or unforeseen circumstances that are not within your 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 to due natural disasters;
- If the Host or Guest have 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; and
- 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).
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 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.
Insurance in Case of Cancellations
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.
In Your Capacity as Owner/Host
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.
You promise, represent and warrant that you have the full legal right to make the relevant property available for stays by other Users.
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 and landlords.
If you share the property with others who will remain during the stay, you promise to that 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.
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 inspect your property immediately after the end of any stay and to report any suspected crime to the police.
In Your Capacity as Guest
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 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 beds for which the property was listed.
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).
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 inform Owners promptly if any of your party causes any damage to the property and to reimburse Owners for such damage if and to the extent that the damage exceeds the amount of any deposit award by us.
You promise, represent and warrant that you will leave the Property in a reasonably clean and tidy condition.
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 Listing.
If you choose to require a security deposit for your Accommodation, you must specify this in your Listing (“Security Deposit”). Hosts are not allowed to ask for a Security Deposit after a booking has been confirmed or outside of the Holiday Swap App. Holiday Swap will use commercially reasonable efforts to address Hosts’ requests and claims related to Security Deposits, but Holiday Swap is not responsible for administering or accepting any claims by Hosts related to Security Deposits.
You represent and warrant that any Listing you post and the booking of, or a Guest’s stay at, an Accommodation 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 Accommodation at your request or invitation, excluding the Guest and any individuals the Guest invites to the Accommodation.
At the time of entering a Swap Contract, Hosts and Guests must each pay both our fee and the deposit as set out below. The prices shown on our App include VAT or other applicable sales tax.
The amount of our fee is as stated on the App. Unless otherwise specified, the fee is chargeable per bed per night in respect of the property that User is booking. For example, if the Users are swapping a three-bed for a one-bed property for one week and our current fee is $1, the owner of the three-bed property will pay $7 and the owner of the one-bed property will pay $21.
In addition, at the time of the Swap Contract each User is entitled optionally to require the other User to pay a Security Deposit up to the maximum specified in the App. The amount of the Security Deposit must have been shown on the relevant listing. We will keep Security Deposits and will return them within seven (7) days of the swap end date (by whatever method we think appropriate), subject to any expenses claimed by the Host during the Dispute Period, whereby the Host who requested the deposit raises a dispute or claim to recoup any expenses incurred by the Guest’s stay. Please send disputes to us at email@example.com. If so, we will deal with the deposit in accordance with the “Cancellation” and “Disputes” sections of this agreement.
If you pay a Security Deposit, you must at the same time pay additional fees to us and our payment provider. The amount of such fees is explained within the App. You authorise us and our payment provider to charge your payment card for the relevant amounts in accordance with this agreement.
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.
In-App Purchases and Credits
We may offer credits from time to time when Users perform certain functions (i.e. when completing a Listing), 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 for the Swap. For example, if you have five (5) credits, you can use these for five US Dollars ($5.00 USD) of the Swap Contract.
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 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.
Disputes Between Users
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 will adjudicate on any disputes between the parties (whether relating to cancellations, inaccurate descriptions or condition of a property, damage to a property or otherwise): (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 through the Security Deposit. If the Guest agrees to pay the Host, or if the Company determines in its sole discretion that you are responsible for the damage caused, the Company will collect any such sums from the Guest and/or against the Security Deposit (if applicable) required to cover the damaged claimed by the Host. The Company also reserves the right to otherwise collect payment form you and pursue any remedies available to the Company in this regard in situations in which a Guest or Host is responsible for any damage. You can raise a dispute either by emailing details of the dispute to us at firstname.lastname@example.org.
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 Accommodations or any personal or other property located at an Accommodation.
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. Unless we decide otherwise, our decision shall be limited to awarding all, part or none of one User’s deposit (assuming that User has paid a deposit) to the aggrieved User or making changes to a User’s status. 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. Users shall, upon the Company’s reasonable request, participate in mediation or a similar resolution process. If we decide to make any payment from a deposit, we will arrange for payment thereof within a reasonable period.
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.
Right to Cancel this Agreement (“Cooling Off” Period)
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 email@example.com 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.
Effects of Cancellation
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). 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 contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract in comparison with the full coverage of the Agreement.
Ending this Agreement to Use Our App
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 firstname.lastname@example.org.
If either of us ends this Agreement:
- It still continues insofar as necessary to facilitate any pending Swap Contracts you entered into before termination (which are unaffected);
- Is subject to the above, your right to use our App is terminated;
- You are not entitled to any refund (though this doesn’t affect any “cooling off” rights, explained above);
- Any rights and liabilities which arose before termination are unaffected;
- All clauses in this agreement which are stated or intended to continue after cancellation will continue to apply; and
- You must not attempt to re-download our App if we have given you notice of termination.
For an example to end this Agreement, please refer to Appendix 1.
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.
Guidance by Us
Any guidance or similar information which we ourselves make available on our Services 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).
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 provided these do not have a material adverse effect.
The Following Applies Where Apple Inc. is the Appstore
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:
- Product liability claims;
- Any claim that the App fails to conform to any applicable legal or regulatory requirement; and
- Claims arising under consumer protection or similar legislation.
Intellectual property rights
All trademarks, logos, graphics, images, photographs, animation, videos, text and software used on and in connection with the App are our 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 “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 Services, 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 any of our Services 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 and conditions.
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.
Privacy and Personal Data
If you have any questions regarding your privacy rights, please email us at email@example.com.
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 (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, you agree to Apple’s Licensed Application End User License Agreement. 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.
Events Outside Our 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 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 booking of a listing, 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:
- 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; or
- 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 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:
- 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, 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:
- product liability claims;
- any claim that the App fails to conform to any applicable legal or regulatory requirement; and
- claims arising under consumer protection or similar legislation.
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 Services; (iii) your interaction with any User, stay at an accommodation, including but not limited to any injuries, losses 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; (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.
Complaints and Feedback
If you have any complaints, please contact us at firstname.lastname@example.org.
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 email@example.com.
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 firstname.lastname@example.org.
Risk of Loss
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 purchases from the Company pass to you upon our delivery to the carrier.
Returns and Refunds
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: 1 Berkeley Street, London W1J 8DJ
Other contact information: See our website. www.holidayswap.com
Appendix 1: Model Cancellation Form
Via Electronic Mail, email@example.com
Holiday Swapping Limited
1 Berkeley Street
London, England W1J 8DJ
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 persona information that has been stored pursuant to the Agreement with you.
Name of user/s:
Address of user/s: