Terms and Conditions

Introduction

We are Holiday Swapping Limited. Our company information is at the end of this document.

Definitions

Capitalised 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  • "Chargeback" means any payment that is for any reason cancelled, refunded, reversed, charged back, withdrawn, disputed or otherwise called into question together with any fees, penalties or other charges that are or may be payable in connection therewith.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 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" – Users in their capacity of making their properties available for other Users to stay in.
  • "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

Please read these terms and conditions carefully. They cancel and replace any previous versions. By downloading our App you agree to be bound by these terms and conditions. Please save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible in this form in future. These terms and conditions are available in the English language only.

These terms and conditions 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 and conditions including the Swap Contract and you will be responsible to us and the Owner if they do not.

These terms and conditions constitute an end user licence agreement between you and us (not the Appstore) in relation to our App and, in addition, you agree to be bound by the Appstore Rules.

Changes to the terms and conditions

We may change these terms and conditions by giving notice by email, SMS or in-app message. You will be bound by the revised agreement if you continue to use our App following the effective date. Any such change will not affect Swap Contracts concluded before such effective date.

Use of our App - general

We grant Users a limited personal right to use our App on any applicable device 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:

  • you are below 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.

If you select the "Always bag packed" option, you promise that your listed property is generally available for a swap on on an open-ended basis including on relatively short notice but this does not commit you to any particular swap.

You promise 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 support@holidayswap.com. We may in our discretion try to resolve the dispute but we do not promise to get involved.

Acceptable use policy

You agree that you will not in connection with the App:

  • breach any applicable law, regulation or code of conduct;
  • publish or send any Content (including links or references to other content), or otherwise behave in a manner, which:
    1. is defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive or deceptive;
    2. infringes any intellectual property or other rights of others;
    3. involves phishing or scamming or similar; or
    4. we otherwise reasonably consider to be inappropriate;
  • publish or send any Content which involves revealing any personal data of another person (i.e. information enabling someone to be identified or contacted) unless that person is 18 years or over and you have obtained that person’s explicit written consent or you are the parent/guardian of such person;
  • 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;
  • do anything which may have the effect of disrupting the App;
  • do anything which may negatively affect other Users’ enjoyment of the App; or
  • attempt, encourage or assist any of the above.

Very important - we only provide a platform

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., misdescription or condition 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 us.

Other Users

You acknowledge that we don’t 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 this agreement. 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 using the email address shown below. If appropriate, you should seek relevant external help, for example from law enforcement authorities and/or stop using the App.

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 after this agreement ends. We are not responsible for monitoring or editing reviews. You acknowledge that such reviews may be critical or defamatory of you.

If you have any complaint about Content or behaviour which you think is defamatory or otherwise infringes your rights, please email us at support@holidayswap.com.

Your Content

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.

If you write a review, you promise that it is your independent, honest, genuine opinion.

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.

We reserve the right without notice to irretrievably delete your Content after this agreement ends or if your account on our App has been inactive for at least 6 months.

Forming contracts

A contract is formed between you and us for use of our App if you download our App.

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 (e.g. regarding the number of photos of the property to be displayed); and
  • the fees applicable to the Swap Contract have been paid in full.

You promise that you will not participate in any stay unless a Swap Contract is formed in this way.

You promise 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 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.

Swap Contract (between Users)

General

  • The Swap Contract includes the terms set out in this section.
  • You promise to deal with other Users in a polite, courteous and co-operative manner.
  • You promise you will comply with all visa, insurance, social security, accommodation and taxation legal requirements and any other applicable laws and regulations.
  • You promise to take out adequate insurance cover (including as to property, liability, travel (including cancellation) and health) both in your capacity as Owner and as Guest.
  • You promise not to offer, request or accept payment from another User in return for a stay.
  • You promise to notify the other User promptly in writing if you have any complaint arising from the stay.

Cancellations

  • Cancellations are subject to the cancellation policy [insert link] in our App at the time the Swap Contract is entered into. This may involve some or all of any deposit paid by a cancelling User being paid to the other User. If so, we will arrange for the applicable cancellation payment to be paid from the deposit provided that within the Dispute Period the aggrieved party has raised a dispute as explained under “Disputes” below.. You are not entitled to cancel after any cancellation deadline specified in the cancellation policy. There will be no refund of any of our fees on cancellation unless in our discretion we decide otherwise.

In your capacity as Owner…

  • You promise that your property listing including photos provides a reasonably accurate description of the property and that you haven’t left out any important features or other information about the property or area which Guests would reasonably expect to be told about.
  • You promise that you have the full legal right to make the relevant property available for stays by other Users.
  • You promise that you have obtained all necessary consents from third parties to receive Guests, e.g. mortgage lenders 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 to make the keys reasonably available to Guests and in accordance with any methods agreed via the App.
  • You promise that you will ensure that the property is made available to Guests in a reasonably clean and tidy condition.
  • You promise 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 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 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 to check the Owner’s relevant insurance cover in advance.
  • You promise 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 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 to take reasonable care to secure your valuables.
  • You promise 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 that you will leave the Property in a reasonably clean and tidy condition.
  • You promise to leave the keys in the property at the end of the stay unless otherwise agreed with the Owner.

Payment

At the time of entering a Swap Contract, Owners 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 3-bed for a 1-bed property for one week and our current fee is $1, the owner of the 3-bed property will pay $7 and the owner of the 1-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 deposit up to the maximum specified in the App. The amount of the deposit must have been shown on the relevant listing. We will keep deposits and will return them within 30 days of the swap end date (by whatever method we think appropriate) unless during the Dispute Period the party which requested the deposit raises a dispute either by emailing details of the dispute to us at support@holidayswap.com or by contacting us via the “Contact Us” button on the App . If so, we will deal with the deposit in accordance with the “Cancellation” and “Disputes” sections of this agreement.

If you pay a 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 customer; and (4) expire after 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 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.

Disputes

You promise to take reasonable steps to resolve any dispute with the other party.

We will adjudicate on any disputes between the parties (whether relating to cancellations, misdescription or condition of a property, damage to a property or otherwise):

  • where within the Dispute Period (see definition above) one of the Users has raised a dispute (as explained below) and we think that the dispute is not a minor one; and
  • otherwise in our discretion.

You can raise a dispute either by emailing details of the dispute to us at support@holidayswap.com or by contacting us via the "Contact Us" button on the App.

If we inform the parties that we are adjudicating on a dispute, both Users must provide prompt and reasonable co-operation including provision of any information we request. Subject to such co-operation we will endeavour to make a decision within 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 “Top Swapper” 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.

If we decide to make any payment from a deposit, we will arrange for payment thereof within a reasonable period.

Right to cancel ("cooling off")

If you are located within the European Economic Area, you have the right to cancel this contract 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.

If you do have the right to cancel, the following apply:

Right to cancel

  • You have the right to cancel this contract within 14 days without giving any reason.
  • The cancellation period will expire after 14 days from the day of the conclusion of the contract.
  • To exercise the right to cancel, you must inform us Holiday Swapping Limited, 1 Berkeley Street, London W1J 8DJ, support@holidayswap.com of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the model cancellation form at the end of this document but it is not obligatory.
  • 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 contract, we will reimburse to you all payments received from you.
  • We will make the reimbursement without undue delay, and not later than 14 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 contract.

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 email, SMS or in-app message.

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);
  • subject to the above, your right to use our App is terminated;
  • you aren’t 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.

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 App is intended as very general guidance information but we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.

Security

Your account on our App is for your personal use only and is non-transferable. 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.

Liability

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 this section, any reference to us includes our employees and agents.

Very important: We 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; or
  • such loss or damage relates to a business of yours.

Very important: 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).

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:
    1. product liability claims;
    2. any claim that the App fails to conform to any applicable legal or regulatory requirement; and
    3. claims arising under consumer protection or similar legislation.

Intellectual property rights

All trade marks, 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.

Just to be clear - you must not collect, scrape or harvest any Content on our App without our specific prior written consent.

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

You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy policy http://holidayswap.com/policy which is subject to change from time to time.

Legal compliance

You promise 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.

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.

Transfer

We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

English law

These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of courts of the United Kingdom.

General

We may send all notices under this agreement by email to the most recent email address you have supplied to us or by SMS or in-app message. Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. 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’s subsidiaries are third party beneficiaries of this agreement, and, upon your acceptance of these terms and conditions, 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.) The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.

Complaints

If you have any complaints, please contact us via the contact details shown below.

Company information

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


Version 1.0

MODEL CANCELLATION FORM
Complete and return this form only if you wish to cancel the contract:
— To Holiday Swapping Limited, 1 Berkeley Street, London W1J 8DJ, support@holidayswap.com:
— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],
— Ordered on [*]/received on [*],
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date
[*] Delete as appropriate