1.4 By accessing or using this Site or otherwise indicating your consent, you agree to be bound by these terms and conditions and the documents referred to in them.
means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;
has the meaning given to it in clause 5.1;
means the policy, which governs how we process any personal data collected from you;
Website terms and conditions of service
means the terms and conditions below, which will apply to you becoming a member and using our services via the Site;
We, us or our
means My Holiday Home Exchange whose address is Chouette, Ashfield Road, Midhurst, West Sussex GU29 9JX;
You or your
means the person accessing or using the Site or its Content.
2. Using the Site
2.1 The Site is for your personal and non-commercial use only.
2.2 You agree thatyou are solely responsible for:
2.2.1 all costs and expenses you may incur in relation to your use of the Site; and
2.2.2 keeping your password and other account details confidential.
2.3 The Site is intended for worldwide use, we accept members from outside of the UK although this may depend on certain customs, legal and other practical restrictions. If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
2.4 We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us by email at firstname.lastname@example.org or by writing to us at Chouette, Ashfield Road, Midhurst, West Sussex. GU29 9JX. England.
2.5 We may prevent or suspend your access to the Site if you do not comply with any part of these Website terms and conditions, any terms or policies to which they refer or any applicable law.
3. Ownership, use and intellectual property rights
3.1 This Site and all intellectual property rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these terms and conditions. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
4. Submitting information to the Site
4.1 While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions.
4.2 We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.
5. Accuracy of information and availability of the Site
5.1 While we try to make sure that the Site is accurate, up-to-date and free from viruses or bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.
5.2 We may suspend or terminate operation of the Site at any time as we see fit.
5.3 Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
5.4 While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.
6. Hyperlinks and third party sites
6.1 The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
7. Limitation on our liability
7.1 Except for:
7.1.1 death or personal injury caused by our negligent acts or omissions (or those of any of our employees or agents);
7.1.2 fraud or fraudulent misrepresentation;
7.1.3 breach of any of the provisions implied into these terms and conditions under the Sale of Goods Act 1979 (or any other law);
8. Events beyond our control
9. Rights of third parties
11. Governing Law and Jurisdiction
A cookie is a small text file which is placed onto your computer (or other electronic device) when you access our Site.
1. When you log on, our server looks up your membership details in our database and sends them to your computer in the form of a “cookie”. This cookie is used by our software for the purpose of detecting you have logged on and are authorised to visit any member only parts of the site, for example. The cookie contains personally identifiable information you provided during registration, such as your name and email address.
2. The cookie is a “session” (as opposed to “permanent”) cookie, and when you exit your browser session this cookie is automatically deleted (which is why you have to log on again every time you revisit the site). If you tick the box for automatic logon, our server sends your computer a “permanent” cookie. The cookie will log you on automatically every time you come to the site until you log off or clear your cookies.
5. If you choose not to allow cookies, you will be able to browse our Site, but you will not be able to send any messages, regardless of membership status, since a cookie is required to log on.
WEBSITE TERMS AND CONDITIONS OF SERVICE
means any of our officers, directors, partners, and any of our employees, consultants, agents, representatives or professional advisers;
means all damages, liabilities, demands, costs, expenses, claims, actions and proceedings (including all consequential, direct, indirect, special or incidental loss or punitive damages or loss, legal and other professional fees, cost and expenses, fines, penalties, interest and loss of profit or any other form of economic loss (including loss of reputation)
We, us or our
means My Holiday Home Exchange whose address is Chouette, Ashfield Road, Midhurst, West Sussex GU29 9JX;
You or your
means our Member who is either Owner and/or Visitor who uses our services.
2. Our Aim
we aim to:
2.1 connect personal individuals who wish to exchange agreed holiday time in their respective holiday homes (Exchanges)
2.2 introduce you to other Members of the service to facilitate such Exchanges
2.3 provide informative articles about holiday home ownership for Members to share
2.4 if you are providing a holiday home you are an Owner (Owner) and if you are staying at a holiday home you are a Visitor (Visitor).
3. EXCLUSION AND LIMITED LIABILITY CLAUSE:
3.1 We act merely as an introductory service through which Members who are authorised private owners of holiday homes or second homes can contact each other with a view to entering into contractual agreements with one another to exchange holiday time between their respective holiday homes/second homes.
3.2 We do not become, party to any contractual relationship between the Members, and in the event of any dispute arising between them do not mediate between its members.
3.3 We do not own nor have we inspected nor do we have any control whatsoever over any property listed on our site and we make no representations or warranties regarding any of the holiday homes or second homes.
3.4 While we require Members to advertise their holiday homes or second homes truthfully, fairly and accurately, and we take reasonable steps, at our sole discretion, to remove misleading details from our Site, we have no control over the accuracy of any listing or details provided or the capacity of any Member who enters into any arrangement with another Member. All content on our Site is provided in good faith and we give no warranty or representation that any content is fair, accurate, complete or up to date nor that any information infringes the rights of any third party. We accept no responsibility or liability for your use of, or reliance on, any content in any form provided by us and such reliance and use is entirely at your risk.
3.5 We have no insurance obligation to any of our Members in respect of their holiday home or second home exchanges and it is for our Members to ensure that they and their holiday homes or second homes are adequately insured and that the Members insurance covers the use of that property by third parties.
3.6 As such, we disclaim all liability and responsibility for any loss or damage (including personal injury) suffered or incurred by you or another party arising from:
3.6.1 any reliance by any user of our site, or by anyone who may be informed of any of its contents, placed on any advertisement, commentary and other materials posted on our site by Members, or any error or mistake or inaccuracy contained in any statement, description, representation or other information made about or in connection with a property listed on our site;
3.6.2 the act or omission of the Advertiser or any failure of the Advertiser to perform or comply with any of the terms of the contract between the Advertiser and you, including a failure to provide the property on the requested date (whether due to a double-booking or otherwise), or a failure to provide the property in the condition or with the amenities that such property was advertised on our site;
3.6.3 any loss of or damage to personal possessions at a property; or
3.6.4 any incident or occurrence which takes place at a property.
3.7 If we are in breach of these Terms or otherwise liable to you (including, without limitation, for our negligence), we will only be responsible for any direct damages or losses you incur that result from your use of our site and services up to the value of the membership fee (if any) that you have paid to us. We will not be responsible for any consequential, special, indirect or exemplary damages, costs or losses attributable to lost profits or opportunities.
3.8 Nothing in these Terms will affect our liability for fraudulent misrepresentation or if something we do negligently causes death or personal injury, nor any other liability which cannot be excluded or limited under applicable law.
4.1 You will, to the extent that a claim does not arise from the negligence or wilful default of us or any of our Authorised Persons, indemnify and keep indemnified and hold harmless us and our Authorised Persons from and against all Losses suffered or incurred by us arising out of or in connection with:
4.1.1 any act or omission by you that is in breach of this Agreement;
4.1.2 any breach of the warranties set out in our Terms; and
4.1.3 any third party claim relating to the provision of our services to the extent that any such claim relates to any act, neglect or default of you
4.2 Where you are liable to make a payment under this clause and the payment is itself liable to taxation in the hands of us then the amount of the indemnity payment shall be deemed to be increased so as to ensure that we receive (after any applicable taxes have been paid) the same amount as it would have received had no such taxes been levied.
4.3 The following procedures will apply in relation to any third party claims:
4.3.1 as soon as reasonably practicable after we receive notice of any third party claim qualifying for an indemnity (“TP Claim”),
4.3.2 we will give written notice to you specifying details of the TP Claim. Within 30 days of being so notified (but no later than 10 days before the date on which any response to a TP Claim is due),
4.3.3 you may assume control of the action and settlement of the TP Claim by giving a “Notice of Election” to us. We shall provide to you reasonable assistance and access relating to any such claim at your reasonable request and cost; and
4.4 We shall not make any admissions or agreements in relation to any TP Claim without your prior written consent. The amount due pursuant to the relevant indemnity shall be reduced by the extent to which we have made any admissions (save where required by court order or governmental regulations) or agreements, without your prior written consent.
4.5 If you do not deliver a Notice of Election pursuant to this clause, fail to defend the claim in time, or cease to defend the claim, we shall have the right to defend the claim in such manner as it may deem appropriate.
4.6 Nothing in this clause shall obviate or reduce the requirement of us to mitigate any Losses.
5. YOUR RIGHT TO CANCEL UNDER THE CONSUMER CONTRACTS REGULATIONS 2013 CANCELLATION RIGHTS
6. Member’s Obligations:
You warrant, represent and acknowledge that it is a fundamental term that:
6.1 you are at least 18 years old;
6.2 the property that you wish to exchange holiday time for is not your usual place of residence and it is a holiday home or second home.
6.3 you are the rightful legal and beneficial owner of the holiday home or second home and are authorised and can validly enter into any agreement with another Member to exchange holiday time and if requested can and will produce sufficient evidence of this fact;
6.4 You have public liability insurance to cover any injury
6.5 by using our services you will not be in breach with any other agreement with another third party; to include but not limited to; a co-owner, lender or any other entity that has an interest in the holiday home or second come that you have listed.
6.6 all information and details that you provide (including membership details and in connection with any listing in clause 7) are true, accurate and up to date in all respects at all times;
6.7 you will comply at all times with the restrictions on your use of the service and any other obligations, in each case as set out in these terms;
6.8 you will not use our service if such use is not legal in your jurisdiction;
6.9 you will at all times comply with all relevant local national and international laws and regulations;
6.10 you will ensure and be responsible for obtaining all necessary licences, consents and permissions relating to your use of the service (including but not limited to consent of any landlord, condominium, mortgage provider, insurance provider).
6.11 you must for the duration of being a Member under these Terms:
6.11.1 maintain appropriate insurance cover with a reputable insurance company against all its liabilities and indemnities that may arise under these Terms to include but not limited to building and contents insurance; and
6.11.2 maintain in effect during the continuance of these Terms and for a period of seven years after termination or expiry of these Terms adequate public liability insurance cover with a reputable insurance company who has confirmed in writing that they consent to the use of the holiday home or second home which has been insured by third parties and such evidence of the insurance cover and the insurer’s consent can and will be produced on demand.
6.11.3 you as a Member will not do, or omit to do, anything to vitiate either in whole or in part any of the insurance cover which you are obliged to have in place under this clause.
6.12 you will not use our services or Site for any unlawful purpose;
6.13 you will not use our services or Site for any commercial or business purpose.
6.14 you will not encourage any other Member to join another service similar to ours;
6.15 you will not sell, or refer any enquiries from our Members to any other person whether already a Member or not.
6.16 you will not advertise or promote your own or third party products or services other than your holiday home or second home.
6.17 as an Owner you will ensure that your holiday home is in good repair and is in a clean and tidy condition for your Visitor.
6.18 as an Owner treat your Visitor with utmost courtesy, respect and consideration at all times;
6.19 to adhere to any agreement you have entered into with another Member regarding any exchange.
6.20 As a Visitor you agree to treat the Owner’s holiday home or second home with utmost care leaving it in the same condition as when you arrived;
6.21 No fees are payable for holiday time exchanges;
6.22 If a Member cancels a planned exchange as an Owner, this must be reported and the reasons for the cancellation given to us; we reserve the right to cancel that Member’s membership with any membership fee already made non-refundable.
6.23 In the event of any damage caused to the Owner’s holiday home or second home or its contents to promptly notify the Owner and to promptly replace, repair or pay for the same;
7. PLACING YOUR LISTING
You agree to:
7.1 Provide us with documentary evidence to establish your ability to exchange holiday time with your holiday home or second home and to comply with our Terms to include but not limited to clause 6. We would expect to see a copy of a recent utility bill or a copy of a valid insurance policy for the property that is to be listed, and a copy of photo identification for you (passport or driving licence). Such information will need to be uploaded to our Site or sent to our email email@example.com and will not be readily made public on your profile.
7.2 Fairly and accurately describe your holiday home or second home to include but not limited to photos, room number and sizes.
7.3 Not infringe third party’s copyright for the purpose of these Terms and will not use such copyrighted material in making your listing.
7.4 Allow us to use for the purposes of our Site any photos of your holiday home or second home and any feedback comments that you make about another Member’s holiday home or that another Member makes about your holiday home or second home which, at our discretion would promote the Site and your holiday home or second home.
8.1 The terms of your Membership is for one year from the date of our acceptance of any evidence and receipt of payment that we have requested under these Terms.
8.2 Your membership will automatically renew for a further one year at the current standard membership renewal fee at the end of the subscription period or any subsequent renewal period unless you notify us in writing or by email to firstname.lastname@example.org thirty days prior to this date.
8.3 You can still cancel your membership by notifying us by email at email@example.com provided we receive written notice no later than the end of day fourteen following the date of the last renewal. If we receive such notification than we will refund you the membership fee that you had paid (less the cancellation fee detailed mentioned in clause 8.4).
8.4 In the event that the membership fee had already been charged to your credit card or debit card. There will be a cancellation fee of 10% of the value of the membership fee which covers the transactional and administrative costs.
8.5 We reserve the right to terminate your membership without any refund if you are in breach of any these Terms and if you have any bankruptcy proceedings brought against you, or if you do not pay a court judgment on time or if you make any arrangement with your creditors or if your assets are the subject of any seizure.
8.6 You hereby agree that any credit or debit card used to make any payment in respect of these Terms or your membership is owned by you. All credit or debit cardholders are subject to validation checks and authorisation by the card issuer. If such authorisation is denied then we are not responsible for bank charges as a result of the processing of such payment.
8.7 All membership fees (are stated inclusive of VAT if applicable and) are to be paid in Great Britain Pounds Sterling unless otherwise specified.
Assignment of Rights
9.1 We may assign our rights and or transfer our obligations, under these Terms to another legal entity. You may not assign your rights or transfer your obligation under these Terms as these are personal to you.
Governing Law and Jurisdiction
9.2 The relevant courts of England and Wales will have exclusive jurisdiction in relation to these Terms. The Laws of England and Wales will apply to these Terms.
9.3 Nothing in clause 9.2 will prevent or limit our right to take proceedings against you in any other court of competent jurisdiction.