Terms & Conditions

Read our terms below to learn more about your rights and responsibilities as a Swaphouse user.

1. Introduction

By signing up for a Swaphouse account and using the Swaphouse platform (the "Platform"), you agree to be bound by these Terms and Conditions ("Terms"). Please read these Terms carefully before using the Platform, as they govern your access to and use of the Platform and services provided by Swaphouse.

Definitions
In these Terms and Conditions, the following terms shall have the following meanings:

  1. "Platform" refers to the Swaphouse website, mobile application, or any other digital interface provided by Swaphouse for the purpose of facilitating home swaps between members.

  2. "Terms" refers to these Terms and Conditions, which govern the access to and use of the Swaphouse Platform and its services.

  3. "Privacy Policy" refers to Swaphouse's policy regarding the collection, use, and disclosure of personal information provided by users, which is incorporated by reference into these Terms.

  4. "User" refers to any person who accesses or uses the Swaphouse platform, whether they are a registered member or a visitor browsing the platform.

  5. "Member" refers to any person who has registered for an account on the Swaphouse platform and has agreed to these Terms and Conditions.

  6. "Account" refers to a registered member's profile and associated information on the Swaphouse platform, which grants access to features and services of the platform.

  7. "Home Swap", “Swap”, "Home Exchange" or “Exchange” refers to the temporary exchange of homes between two parties for a specified period, typically for the purpose of work, sabbatical, travel or vacation.

  8. "Host" refers to the person who owns or has the legal authority to offer their home for exchange on the Swaphouse platform.

  9. "Homeowner" refers to the person who owns the home being exchanged, whether they are hosting or participating in a home swap as a guest.

  10. "User Content" refers to any content created, submitted, posted, displayed, or otherwise made available by users on the Platform, including but not limited to reviews, comments, or messages between users.

  11. "Intellectual Property" refers to any and all proprietary rights, including but not limited to copyright, trademark, and other intellectual property laws, associated with the content, materials, and services provided by Swaphouse on the Platform.

These definitions should be used to help interpret and understand the various clauses and sections of the Terms and Conditions of Swaphouse.

2. Eligibility, Accurate Information, Home Care, and Code of Conduct

To participate in home swaps on the Platform, you must have the legal ownership and/or rental and lease authority to do so. You are required to provide accurate, complete, and up-to-date information about your home and availability for exchange. Providing false or misleading information may result in termination of your account. You are responsible for updating your information as needed and for the use and care of the exchanged home during the swap, following any rules or guidelines provided by the homeowner. Failure to do so may result in termination of your account.

Users are expected to treat each other's homes with respect and be good neighbors during an exchange. Any behavior that is deemed inappropriate or disruptive may result in termination of your account.

3. Liability, Insurance, and User Responsibility

Swaphouse is not liable for any damages, accidents, or incidents that may occur during an exchange or for any damages in users’ homes as a result of a home swap. It is recommended that you have your own insurance to cover any damages or accidents and advise your home insurance, liability insurance and travel insurance providers of any exchanges, altering your policies accordingly if required. You are responsible for checking with your insurance providers or landlord before participating in a home exchange to ensure compliance with their requirements.

Swaphouse accepts no responsibility or liability for home exchanges or agreements between users, as our service is solely to introduce and facilitate exchanges through our website. Swaphouse is not responsible for any costs or damages arising from home exchanges, and your host is your point of contact in the event of any issues during a swap.

4. Dispute Resolution, Cancellation Policy, and User Warranties

Any disputes that may arise during an exchange, including cancellations, must be resolved between the exchanging parties. Swaphouse does not mediate or take responsibility for resolving disputes or cancellations. It is the responsibility of the users involved in a home swap to communicate and agree upon a cancellation policy before finalizing the exchange. Swaphouse strongly recommends that users discuss and agree upon the cancellation policy, including any potential fees or penalties, in advance to avoid any misunderstandings or disputes.

By agreeing to these Terms, you acknowledge and agree to the limitations of Swaphouse's liability as outlined in this document and your responsibilities as a user of the Swaphouse platform. Please ensure you understand and comply with these Terms to make the most of your experience on the Platform while safeguarding both your interests and those of other Swaphouse users.

5. Data Privacy

By using the Platform, you agree to our Privacy Policy and the collection and use of your personal information as outlined in the policy.

6. Platform Content, Account Deactivation, Copyright, and User-Generated Content

By using the Platform, you grant Swaphouse permission to publicly display your profile information (name, profile picture etc.) and home details (location, photos, etc.). You also warrant that any content you provide does not infringe on the copyrights or intellectual property rights of others. Swaphouse reserves the right to deactivate accounts at its discretion if there are reasons to believe that a user has violated these Terms or infringed on the rights of others.

By using the Platform, you agree that any user-generated content you submit, such as your home listing, reviews, images, comments, or messages between users, is your own original work and does not infringe upon the rights of any third party. You retain ownership of the content you provide, but by submitting it to the Platform, you grant Swaphouse a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content for the purpose of operating and promoting the Platform. You also represent and warrant that you have the necessary rights and permissions to grant these rights to Swaphouse.

7. Age Requirement

By signing up for a Swaphouse account and using the Platform, you represent and warrant that you are at least 21 years old. Swaphouse reserves the right to terminate or suspend the accounts of users who are found to be under the minimum age requirement.

8. Termination and Suspension Policy

Swaphouse reserves the right to suspend or terminate any user account, with or without notice, at any time, for any reason or for no reason, including but not limited to a violation of these Terms, infringement of the rights of others, or any other activity that Swaphouse deems inappropriate or disruptive to the Platform. If your account is terminated or suspended, you will lose access to all features and services of the Platform.

If you wish to dispute a termination or suspension, you may contact Swaphouse at [email protected]. Swaphouse will review your case and provide a response within a reasonable time frame.

9. Links to Other Websites

The Swaphouse Platform may contain links to third-party websites or resources that are not owned or controlled by Swaphouse. By providing these links, Swaphouse does not endorse, warrant, or assume any responsibility for the content, privacy policies, terms and conditions, or practices of any third-party websites or resources. You acknowledge and agree that Swaphouse shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any such third-party websites or resources.

As a user, you are responsible for reviewing and agreeing (or disagreeing) with the terms and conditions and privacy policies of any third-party websites or resources you visit or interact with. We strongly recommend that you read the terms and conditions and privacy policies of any third-party websites or resources that you access through links on the Swaphouse Platform.

10. Support

Swaphouse aims to provide a high level of availability and responsiveness to its users. You can use the chat messaging feature on the platform or send an email to [email protected] to contact Swaphouse's support team for any questions or issues.

11. Intellectual Property

By using the Platform, you acknowledge and agree that all content on the Platform, including but not limited to text, graphics, logos, images, and software, is the property of Swaphouse or its licensors, and is protected by copyright, trademark, and other intellectual property laws. You may not use, copy, reproduce, modify, or distribute any content on the Platform without the prior written consent of Swaphouse.

12. Limitation of Liability and Indemnification

Swaphouse is not liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from your access to or use of the Platform.

You agree to indemnify, defend, and hold harmless Swaphouse, its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Platform, your User Content, or your breach or violation of these Terms. This indemnification obligation will survive the termination or expiration of your account and these Terms.

13. Force Majeure

In the event of a force majeure event, such as natural disasters, strikes, or unforeseeable circumstances beyond Swaphouse's control, Swaphouse shall not be held liable for any disruptions, delays, or non-performance of its services. Swaphouse will make reasonable efforts to mitigate the impact of such events on its users.

14. Complaints

If you wish to file a complaint regarding our service, the termination or suspension of your account, please contact Swaphouse at [email protected]. Swaphouse will investigate and respond to your complaint within a reasonable time frame.

15. Changes to the Terms and Partial Invalidity

Swaphouse reserves the right to modify these Terms at any time. Any changes to these Terms will be posted on the Platform, and your continued use of the Platform after any changes have been made will constitute your acceptance of the revised Terms.

If any provision of these Terms is held to be partially invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall remain in full force and effect to the extent permitted by applicable law.

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, where Swaphouse is registered. By accessing or using the Swaphouse Platform, you agree to submit any disputes arising out of or in connection with these Terms will be brought exclusively to the Amsterdam court.

17. Contact Information

Company Name: Swaphouse B.V.
Address: Hoofdweg 813, 1055 SC Amsterdam
Email: [email protected]
Chamber of Commerce Registration Number: 91817056

Disclaimer and User Warranties

Swaphouse is not liable for any discrepancies between the information on the Platform and the actual conditions of the swapped home.

By agreeing to these Terms and Conditions, you acknowledge and agree to the limitations of Swaphouse's liability as outlined in this document and your responsibilities as a user of the Swaphouse platform. Please ensure you understand and comply with these Terms to make the most of your experience on the Platform while safeguarding both your interests and those of other Swaphouse users.


Last updated: October 31, 2023.

06/10/2024 13:45:16