family home swaps: Service Terms & Conditions

1. ABOUT THIS AGREEMENT

This agreement is between ‘family home swaps’ (“‘family home swaps’”, “we”, “us” and “our”) and the person signing up to be a Member of ‘family home swaps’ and/or to obtain services from ‘family home swaps’ (“you” and “your”).

This agreement comprises these Service Terms & Conditions and any other document specified in these Service Terms & Conditions (“Agreement”). This Agreement governs the rights and obligations between ‘family home swaps’ and you, governing our provision and your use of our Services, mobile applications or other software provided, and any material, communications, links or information contained on, or made available through, our Services. Together, the website and Services provided comprise the “Platform”.

By signing up to be a Member, you acknowledge that you have read and agree to comply with and be bound by this Agreement (including any variations ‘family home swaps’ makes from time to time) and by our Privacy Policy (available on the Platform https://familyhomeswaps.com/privacy/).

If you do not agree to this Agreement and the Privacy Policy, you must terminate your registration.

2. CHANGES TO THIS AGREEMENT

We may amend this Agreement from time to time. We will keep you informed of any changes by posting the amended Terms on the Platform. If you continue to access or use the Platform after we amend the Agreement, then you are taken to have agreed to such amendments. You are responsible for checking all amendments from time to time.

3. THE PLATFORM

The Platform is designed to introduce families registered on the Platform (“Members”) who wish to undertake a home swap. The Platform is used to facilitate this process, but acts only as an intermediary to facilitate Exchanges, where such Exchanges are governed by a separate agreement between you and another Member.

4. OUR COMMITMENT TO YOU

‘family home swaps’ will ensure that the Platform is provided to you with due care and skill, and by suitably qualified personnel. We do not warrant that the Platform will be error-free, virus-free, continuous, suitable for you, or that the Platform will be compatible with your equipment.

‘family home swaps’ does not take responsibility for any actions or omissions by Members during an Exchange, or for the condition or suitability of Residences offered for Exchange.

‘family home swaps’ may add to, change or remove any features and functionality of the Platform at any time (with or without notice to you). The features and functionality available on the Platform may also vary depending on the device or application that is used to access it (e.g. mobile vs desktop).

We do not represent or guarantee that the Platform will be free from loss, corruption, interference, attack or other intrusion (“Security Incident”), and you release us from any liability relating to any such Security Incident.

5. REGISTRATION

5.1 Eligibility

You may only become a Member if: (i) you are at least 18 years old; and (ii) have a Residence that you will make available through the Platform as a Listing for other Members to obtain in accordance with this Agreement; (iii) you create a Listing of such Residence at the time you register to be a Member; (iv) you are a family; and (v) satisfy all the other requirements (including restrictions) set out in this Agreement.

If you remove a Listing such that you no longer have any Listings through the Platform, then you will automatically cease to be a Member, and your account may be terminated by us at that time.

At our request, you must provide us with certified copies of the requested documents (for example. a valid driver’s license, passport etc.) to enable us to verify your details, including your name and age.

You are responsible for keeping your Membership details up to date, and you acknowledge that ‘family home swaps’ will not be responsible for any incorrect or fraudulent details provided.

5.2 How to Join

You must register with the Platform to become a Member. As part of the registration process, you will need to:

(a) provide us with your personal details, including (as applicable) your name, email address; residential address, and a profile photo of yourself and the details of any co-host;

(b) create a home Listing of your Residence, including text descriptions and photographs of the Residence.

If you do not satisfy the requirements set out in paragraphs (a) and (b) above, or any other eligibility criteria or other restrictions set out in this Agreement, then you may not be a Member and we may reject your application to be a Member.

5.3 Restrictions

You must not:

(a) submit more than one application for yourself, whether directly or indirectly;

(b) register to be a Member multiple times; and

(c) create a Membership for any person other than yourself.

5.4 Your commitments as a Member

You agree:

(a) that you have legal authority, and will continue to have such legal authority at all times as a Member, and during the Exchange Term, to: (i) enter into this Agreement; (ii) post your Residence Listing; and (iii) offer your Residence for Exchange;

(b) that you may only be a Member for your own personal use and in your personal capacity, and not for any commercial or other capacity;

(c) not to bring any claim against ‘family home swaps’ in relation to any act or omission occurring in relation to an Exchange, except that the foregoing does not limit your ability to bring a claim against ‘family home swaps’ for its negligence or other breach of this Agreement;

(d) that the agreement to enter into an Exchange is solely between the Guest Member and Host Member and that a separate legal agreement comes into existence between you and the other Member in relation to that Exchange. Any claims you may have in relation to an Exchange must be made against the relevant Member pursuant to that separate legal agreement;

(e) to assume all liability for any risk arising from an Exchange, or from your use of any information on the Platform;

(f) that entering into, or conducting, a Swap / Exchange will not breach any agreements that you have entered into;

(g) to comply with the ‘family home swaps’ community values (as set out in our Facebook group and Platform);

(h) to comply with all applicable laws, and any applicable export control laws in all relevant jurisdictions;

(i) to compensate ‘family home swaps’ fully for any loss or damage that ‘family home swaps’ suffers as a result of any claims made or brought by a third party against ‘family home swaps’ due to your breach of this Agreement;

(j) to cooperate with ‘family home swaps’ in good faith, and to assist with any reasonable requests for the purposes of an investigation undertaken by ‘family home swaps’ or a legal authority regarding misuse of the Platform;

(k) to only publish or communicate information (including photographs) that you have all necessary rights to;

(l) not to infringe any Intellectual Property Rights or Moral Rights of any person;

(m) to only depict individuals in photographs with their consent;

(n) not to provide any false, incomplete or misleading information, including information provided in your personal details, on a Listing, or elsewhere on the Platform;

(o) not to provide any fake review of an Exchange, or encourage any other Member to provide such a fake review;

(p) not to use language that is inappropriate, profane, defamatory, infringing, obscene, indecent, unlawful, likely to offend, insult or humiliate others based on ethnicity, race, gender, sexuality, age or any disability or otherwise vilifies any person or incites violence or hatred;

(q) not to defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including rights relating to privacy and publicity;

(r) not to send or publish material containing sexual acts, nudity, pornography or that is of a violent nature;

(s) not to use the Platform to sell or advertise any goods or services;

(t) not to use the Platform to send unsolicited commercial, or otherwise inappropriate, communications;

(u) not to engage in any other activity that ‘family home swaps’ decides, in its discretion, is not compatible with the ‘family home swaps’ community values, or which might affect the security of the Platform or its Members;

(v) not to solicit or encourage any Member to join any other home exchange provider;

(w) not to use the Platform to offer a Residence for rent or financial compensation;

(x) to register all Exchanges on the Platform, and not to arrange an Exchange outside the Platform with a Member that you first connected with on the Platform;

You must have all necessary consents, permissions, licenses and approvals to enter into this Agreement and perform your obligations under it.

If you believe that another Member has provided fraudulent or incorrect information on the Platform, you must immediately inform ‘family home swaps’. ‘family home swaps’ is not responsible for any loss arising out of or in connection with any such fraudulent or incorrect information.

(y) on registering your home on the ‘family home swaps’ website you give permission for ‘family home swaps’ to publicise your listing across the linked social media channels.

5.5 Messaging Service

The Platform includes a secure messaging feature that is designed to assist Members to communicate with each other through the Platform.

If you use the messaging service to enter into an Exchange, then you are solely responsible and liable for the validity or otherwise of any agreement you reach with the other Member in relation to the proposed Exchange.

You are solely responsible for all communications made through the messaging service. ‘family home swaps’ does not assess, verify or guarantee the accuracy of any information provided by Members on the messaging service.

5.6 Support

We will use reasonable efforts to provide online support to Members. To request online support, a Member must contact us through the “Contact Us” page on the Platform or by emailing the nominated email contact on that page.

While ‘family home swaps’ will endeavour to respond to all requests for online support, ‘family home swaps’ does not guarantee to rectify any or all issues, nor does it promise to do so by a certain timeframe.

Our Facebook group, “‘family home swaps’”, provides a forum for Members to communicate with each other. We may, at our sole discretion, delete the Facebook group or remove Members and non-Members from the Facebook group.

If you participate in our Facebook group, then you agree to do so in accordance with this Agreement and any other relevant terms (e.g., the Facebook Terms of Service).

5.7 Reviews

Following the Exchange Term, you can submit a review of your experience during the Exchange, which will be published on the Host Member’s account profile. ‘family home swaps’ makes no guarantee that a review is accurate, and does not review the information contained in such reviews. We may, at our sole discretion, remove any review published on the Platform.

5.8 Security of your information

You must keep your user login details (including password) secret and confidential and not disclose such details to any third party or allow another person to access or use the Platform using your details. You agree that you will be solely responsible for all access and use of the Platform by anyone using your login details, whether or not you authorised such access or use. You must immediately notify ‘family home swaps’ if you are aware of, or have any reason to suspect or believe that, your login details have been subject to unauthorised use or have otherwise been compromised.

5.9 Fees

There are no sign up fees, no monthly charges, but all home swap exchanges are charged based on the holiday duration.

6. HOME EXCHANGE

6.1 Listings

You must provide clear, complete and accurate descriptions for each Listing, including:

(a) the street address of the Residence;

(b) at least five clear photographs of the Residence that accurately reflects the quality and condition of the Residence, plus photographs of the local area;

(c) key features of the Residence, such as number of bedrooms and bathrooms;

(d) any deficiencies of the Residence or restrictions on the use of the Residence;

(e) any reasonable charges applicable to the Exchange, with a description of why such charges are necessary, and confirmation that you will not charge the Guest Member more than the fees you incur for that item; and

(f) any other information that ‘family home swaps’ requires is included from time to time.

You must ensure that the Listings (including details and photographs) are up to date, accurate, complete and are not misleading in any manner. Where several people own the Residence, a Residence can only appear on the account of one Member.

‘family home swaps’ reserves the right to determine the placement of Listings, and does not promise that any Listing will appear in a certain position in the search results.

6.2 Creation of a Member Agreement

On the date the relevant Members agree to enter into an Exchange in accordance with the booking process specified by ‘family home swaps’, a separate, legally binding contract comes into existence between the Guest Member and the Host Member on the terms set out in Schedule 1 and any other additional terms that are agreed by those Members in relation to that Exchange (together, the “Member Agreement”). Each Member Agreement continues for the Exchange Term, unless earlier terminated in accordance with its terms.

You must ensure that any additional terms in the Member Agreement do not conflict with either the Member Agreement or this Agreement.

6.3 No Liability for Member Agreement

The Host Member and Guest Member agree that ‘family home swaps’ is not a party to the Member Agreement. ‘family home swaps’ does not act as agent, broker, or insurer for any Member, and does not guarantee the legality of any Exchange or that any Residence will be available or will correspond to the information provided on the Platform.

6.4 Member Responsibility

You are solely responsible for deciding to enter into an Exchange or otherwise. You are responsible for verifying and ensuring that a Member who you intend on conducting an Exchange with has all required approvals, licenses, and insurance required to perform the Exchange. We are not liable for any financial expenses incurred by you in respect of an Exchange arising out of any breach of the Member Agreement or otherwise.

Members are solely responsible for all risks associated with providing or occupying a Residence for an Exchange, including any losses, damages, liabilities, claims and expenses (including legal costs) incurred, arising from injury to persons, or any loss or damage to, or theft of, any real or personal property.

You must comply with the terms of each Member Agreement, and you are liable for any failure by you or your representatives to do so.

Repeated cancellations by a Member may result in cancellation of your account by ‘family home swaps’.

7. 7. PRIVACY

We will handle any personal information you submit via the Platform in accordance with the Privacy Policy located on the Platform at https://familyhomeswaps.com/privacy/

You consent to our collection, use and disclosure of your personal information in accordance with the Privacy Policy.

You must have all necessary consents and approvals for any personal information that you provide to us.

9. DISCLAIMER AND LIMITATION OF LIABILITY

9.1 Disclaimer

You acknowledge and agree that you access and use the Platform entirely at your own risk.

The limitations and disclaimer in this clause 10 do not purport to limit liability or alter any consumer rights that cannot be excluded under applicable law, including the United Kingdom Consumer Law.

Subject to clause 9.3 and to the maximum extent permitted by law, ‘family home swaps’ excludes all guarantees, terms, representations or warranties that would otherwise arise or be implied by law in relation to the Platform and any supply of Services under this Agreement, including any guarantees, terms, warranties or representations concerning:

(a) the availability of the Platform;

(b) the quality, completeness, accuracy or suitability of the Platform;

(c) the fitness for purpose in relation to the Platform;

(d) all links to or from the Platform;

(e) the products and Services advertised or accessible on the Platform; and

(f) the safety of the computer systems of users of the Platform.

9.2 Limitation of Liability

We are not liable for any indirect, special and consequential loss, loss of revenue, loss of profits, loss of business opportunity, loss of goodwill, any economic loss of any kind, and loss or corruption of data, in each case, arising from or in connection with this Agreement.

To the extent that any liability may not lawfully be excluded but may be limited, our sole liability is limited to, at our discretion: (a) the supplying of the relevant Services again; or (b) the payment of the cost of having the relevant Services supplied again.

Notwithstanding any other provision of this Agreement, our liability will be reduced to the extent the loss or damage is caused by you, your representatives or any invitees to a Residence where you are a Guest Member.

For any liability that is not otherwise excluded or limited by this Agreement, our aggregate liability to you under or in respect of this Agreement whether in contract (including under an indemnity), tort (including negligence), statute or any other cause of action is limited to the greater of: (a) the fees paid to us in the first six months of a paid Member subscription; and (b) $10.

12. 12. GENERAL

12.1 Content

Any information provided by ‘family home swaps’ on this Platform is of a general informational nature only, and is provided solely for information purposes. ‘family home swaps’ does not guarantee the accuracy of any information provided, and such information does not constitute advice or recommendations, nor is intended to be the sole information resource guiding any Exchange decision. You are responsible for undertaking any research and analysis required before agreeing to an Exchange.

12.2 Performance

‘family home swaps’ may perform all or any part of its obligations under this Agreement outside United Kingdom.

12.3 Entire Agreement

This Agreement constitutes the entire agreement between the parties about its subject matter.

12.4 Governing Law

This Agreement is governed by and must be construed in accordance with the laws applicable in the United Kingdom. You submit to the exclusive jurisdiction of the courts of the United Kingdom in respect of all matters arising out of or relating to this Agreement, their performance and subject matter.

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(f) a reference to a “person” includes a natural person, corporation, statutory corporation, partnership, the Crown, and any other organisation or legal entity, and their permitted novatees, permitted assignees, personal representatives and successors; and

(g) clause headings in this Agreement are inserted for convenience only, and do not affect the interpretation of this Agreement.

13.6 Notice

Unless expressly stated otherwise in this Agreement, all notices, certificates, consents, approvals, waivers and other communications in connection with this Agreement must be in writing.

‘family home swaps’ may provide a notice by:

(a) posting the notice on the Platform; or

(b) emailing the notice to the email address that you last provided to ‘family home swaps’.

13.7 Severability

To the extent that any part of this Agreement is illegal, invalid, void, voidable or unenforceable, then that part shall be severed from this Agreement and the remaining parts of this Agreement will continue in full force and effect.

13.8 Waiver Of Rights

A right created by this Agreement may only be waived in writing by the party giving the waiver. Any failure to exercise, or any delay in exercising, a right or remedy provided by this Agreement or by law does not waive the right or remedy.

A waiver of a breach of this Agreement does not waive any other breach.

13.9 Warranties

You warrant that entering into and performing your obligations under this Agreement does not breach any prior contractual obligations to any other person.

You warrant that you have not relied on any representations or warranties by us in relation to this Agreement or the Services other than those in this Agreement.

13.10 Assignment

We may assign or novate this Agreement, in whole or part, to a third party without notice to you. Other than as set out in this clause, no party may assign or novate this Agreement without the other party’s prior written consent, such consent not to be unreasonably withheld or delayed.

13.11 Force Majeure

If an event beyond a party’s reasonable control (Force Majeure Event) causes that party to be unable to perform or be delayed in performing an obligation under this Agreement (other than, in your case, an obligation to pay the Fees), that obligation is suspended for so long as it is prevented or delayed by the Force Majeure Event.

13.12 No relationship

Nothing in this Agreement will be taken to constitute a party as an employee, agent, partner or joint venturer of the other party nor is a party authorised to represent itself as acting, or to incur any obligation, on behalf of the other party.

Guest Member means the Member that stays at the Host Member’s Residence during the Exchange.

Host Member means the Member that offers their Residence for a stay during the Exchange.

Intellectual Property Rights means all intellectual property rights, including current and future registered and unregistered rights in respect of copyright, designs, circuit layouts, trade marks, trade secrets, know-how, confidential information, patents, invention and discoveries and all other intellectual property as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation 1967.

Listing means any Residence described on the Platform published by a Member using the Platform’s listing function, and includes any User Content used to describe such Listing.

Member means any person who registers on the Platform and, by doing so, accepts this Agreement.

Membership means a Member’s registration on or subscription to the Platform, and includes that Member’s account details, User Content and Listings located on the Platform.

Privacy Policy is the ‘family home swaps’ Privacy Policy, available at https://familyhomeswaps.com/privacy/

Residence means any residential real property (including campers, mobile homes, boats, and other impermanent structures), which a Member has the legal right to offer via the Platform.

Security Incident means the loss, corruption, interference, attack or other intrusion of the Platform.

Services means any service rendered by ‘family home swaps’ to a Member through the Platform.

User Material means any information, content or data (including illustrations and photographs) that you upload or otherwise submit to the Platform.

15. CONTACT US

If you have any questions about this Agreement, you can contact us via the Contact Us form on the Platform, or email hello@familyhomeswaps.com

SCHEDULE 1: MEMBER AGREEMENT

1. ABOUT THIS AGREEMENT

This agreement is between a Host Member and Guest Member conducting an Exchange through the Platform (“Member Agreement”).

This Member Agreement comprises: (a) the terms set out in this document; and (b) any additional terms agreed in writing between the Host Member and Guest Member.

If there is an inconsistency between a provision in a part of this Member Agreement listed above, then the provision in the part listed first prevails to the extent of the inconsistency.

2. CREATION OF MEMBER AGREEMENT

This Member Agreement comes into effect in accordance with clause 6.2 of the Service Terms & Conditions (“Commencement Date”).

3. EXCHANGES

The Host Member grants the Guest Member a personal and limited license to access and use the Residence for the Exchange Term in accordance with the terms of this Member Agreement. The parties acknowledge and agree that this Member Agreement is a license agreement with respect to the Residence, and is not a lease.

4. TERM

This Agreement commences on the Commencement Date and continues for the Exchange Term, unless earlier terminated in accordance with its terms.

5. OBLIGATIONS

Each of the Guest Member and the Host Member acknowledge and agree:

(a) that ‘family home swaps’ is not a party to this Member Agreement, and is not liable or responsible for the acts or omissions of either party, or the acts or omissions of any third party;

(b) to comply with all applicable laws;

(c) to compensate the other party for any loss or damage that the other party suffers as a result of a claim brought by a third party against the other party resulting from the first party’s breach of this Member Agreement;

(d) to act reasonably and in good faith in respect of this Member Agreement;

(e) not to provide any false or misleading information;

(f) not to use language that is inappropriate, profane, defamatory, infringing, obscene, indecent, unlawful, likely to offend, insult or humiliate others based on ethnicity, race, gender, sexuality, age or any disability or otherwise vilifies any person or incites violence or hatred;

(g) not to defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including rights relating to privacy and publicity; and

(h) not to infringe any Intellectual Property Rights or Moral Rights of any person.

6. HOST MEMBER OBLIGATIONS

The Host Member must:

(a) make the Residence available for the Guest Member’s use for the agreed Exchange Term;

(b) inform the Guest Member of any property conditions or issues arising after the Commencement Date that may affect the Exchange;

(c) ensure that the Residence is clean, tidy, safe, compliant with all laws, and in the same condition or better as advertised in the Listing (including photographs) at the time the Guest Member takes possession of the Residence for the Exchange; and

(d) effect and maintain all appropriate insurance policies, with the appropriate limits, to cover all risks arising out of or in connection with an Exchange, including to cover loss or damage to property, whether malicious or otherwise, and such other insurances it is required to effect and maintain by law or other legally binding requirements.

7. GUEST MEMBER OBLIGATIONS

The Guest Member:

(a) must not permit any person to enter, access, use or stay, whether directly or indirectly, in the Residence during the Exchange Term who has not been approved by the Host Member;

(b) is responsible and liable for any person that enters, accesses, uses or stays in the Residence during the Exchange Term, whether approved or otherwise;

(c) must not use, or permit the use of, the Residence for any unlawful purposes, whether directly or indirectly;

(d) must maintain the Residence in a clean* and tidy condition, and treat it with care and respect;

please refer to our COVID-19 cleaning guide to ensure that your home meets the ‘family home swaps’ recommended hygiene standards.

(e) is liable for all damage to the Residence during the Exchange Term;

(f) must notify the Host Member of any damage to the Residence during the Exchange Term within 24 hours of such damage occurring;

(g) on the Host Member’s request and without limiting the Host Member’s other rights or remedies, must promptly pay the Host Member for all repairs or replacements resulting from any damage to the Residence during the Exchange Term;

(h) must vacate and leave the Residence on the expiry of the Exchange Term, or on such earlier date as agreed with the Host Member, and must ensure that the Residence is returned in the same condition that the Residence was in when the Guest Member arrived;

(i) must permit the Host Member the right of re-entry to the Residence, where reasonably required by the Host Member or as otherwise permitted by law; and

(j) must effect and maintain appropriate insurance (for example, travel insurance) to cover all liability of the Guest Member arising out of or in connection with this Agreement.

8. WARRANTIES

Each party warrants that the entry into this Members Agreement, or the performance of its obligations under this Members Agreement, will not infringe any other person’s rights, or breach any obligation that party owes to another person;

9. DISCLAIMER AND LIMITATION OF LIABILITY

9.1 Disclaimer

The parties acknowledge and agree that they enter into an Exchange entirely at their own risk. This disclaimer does not purport to limit liability or alter consumer rights that cannot be excluded under applicable law.

The parties acknowledge that it is their responsibility to;
a) notify your current home insurance provider of their booked home exchange

1. b) take out a reputable home exchange insurance policy
   
   
2. c) book a comprehensive travel insurance policy
   
   
3. d) upgrade your car insurance policy (only relevant if you have agreed to a car exchange)

9.2 Limitation of Liability

Neither party is liable for any indirect, special and consequential loss, loss of revenue, loss of profits, loss of business opportunity, loss of goodwill, any economic loss of any kind, and loss or corruption of data, in each case, arising from or in connection with this Member Agreement.

Not withstanding any other provision of this Member Agreement, the Host Member’s liability will be reduced to the extent the loss or damage is caused by the Guest Member, the Guest Member’s representatives or any invitees to a Residence invited by the Guest Member.

9. 9. TERMINATION

9.1 Automatic termination

If the parties vary the terms of an Exchange, then such variation will result in the automatic termination of this Member Agreement and the creation of a separate Member Agreement pursuant to the Service Terms & Conditions.

9.2 Termination for convenience

A party may cancel the Exchange and terminate this Member Agreement without cause, on notice to the other party, if an event beyond that party’s reasonable control occurs, despite that party having taken reasonable precautions to prevent the occurrence of such event, and such event prevents that party from undertaking the Exchange during the Exchange Term.

The terminating party must give the other party as much notice as possible of a termination under this clause 9.2. Both parties must work together in good faith to minimise the impact of a cancellation and termination pursuant to this clause 9.2.

9.3 Termination for cause

A party may cancel the Exchange and terminate this Member Agreement for cause if:

(a) the other party commits a breach of this Agreement, and that breach is incapable of remedy;

(b) the other party commits a breach of this Agreement that is capable of remedy, and does not remedy that breach within 7 days of the party issuing a notice of that breach to the breaching party;

(c) the other party regularly or habitually commit breaches of the same provision of this Agreement, whether or not they are remedied, or commits a significant number of breaches which are not remedied; and/or

(d) where either party has an express right to do so under any provision of this Agreement.

(e) where your country’s government enforces a no travel policy due to COVID-19

9.4 Consequences of Termination

On termination (for any reason) of this Member Agreement:

(a) the Guest Member’s license to access and use the Residence immediately terminates; and

(b) if this Member Agreement is terminated during the Exchange Term, the Guest Member must immediately vacate the Residence.

9.5 Cancelation Policy – Booking Payment

(a) In the event of an exchange cancellation, ‘family home swaps’ will retain both party’s booking fee, for members to use within an 18-month period against a future home exchange.

(b) in rare circumstances where a future home exchange is not feasible, “family home swaps’ will refund 75% of the booking payment, retaining 25% to cover admin fees. 75% will be the GBP booking rate, so amount received may differ due to exchange fluctuations.

10. 10. DISPUTE RESOLUTION

If either party has any issue or dispute with the other party, the disputing party agrees to contact the other party and attempt to resolve the dispute in good faith before initiating any formal proceedings.

Not withstanding the existence of a dispute, the parties to the dispute will continue to abide by this Member Agreement.

10.1 Force Majeure

If an event beyond a party’s reasonable control (“Force Majeure Event”) causes that party to be unable to perform or be delayed in performing an obligation under this Agreement, that obligation is suspended for so long as it is prevented or delayed by the Force Majeure Event, but only if the affected party has taken reasonably precautions to prevent the Force Majeure Event from occurring and/or otherwise to mitigate the effect of the Force Majeure Event.

10.2. No Relationship

Nothing in this Agreement will be taken to constitute either party as an employee, agent, partner or joint venturer of the other party. Neither party is authorised to represent themselves as acting, nor is authorised to incur any obligation, on behalf of the other party.

11. 11. DEFINITIONS

Capitalised terms used in this Agreement have the meaning as defined in this Member Agreement.

In this Agreement:

Commencement Date is the date the parties agree to enter into an Exchange, in accordance with clause 6.2 of the ‘family home swaps’ Service Terms & Conditions.

Exchange means a Residence exchange entered into between a Host Member and a Guest Member in accordance with this Agreement.

Exchange Term means, for an Exchange and a Member Agreement, the term of that Exchange and Member Agreement, commencing on the date the Member Agreement is created, and ending on the date the Exchange is completed, unless earlier terminated in accordance with the terms of that Member Agreement.

Guest Member means the Member that stays at the Host Member’s Residence during the Exchange.

Host Member means the Member that offers their Residence for a stay during the Exchange.

Listing means any Residence described on the Platform published by a Member using the Platform’s listing function, and includes any information used to describe such Listing.

Member Agreement means this agreement, as amended from time to time in the manner set forth herein.

Platform means the website, Services, mobile applications or other software provided by ‘family home swaps’.

Residence means any residential real property (including campers, mobile homes, boats, and other impermanent structures), which a Member has the legal right to offer via the Platform.

Services means any service rendered by ‘family home swaps’ to a Member through the Platform, whether free or subscription-based.

Service Terms & Conditions means the ‘family home swaps’ Service Terms & Conditions.