Terms and conditions
Terms & Conditions Index
1. Website Terms & Conditions of Use
If you do not accept these Terms & Conditions please leave the Site now.
All references to 'Guardian Home Exchange', 'our', 'us' or 'we' within these Terms & Conditions are deemed to refer to Guardian Home Exchange.
Besides, 'You', 'Your', 'Yourself' means any person who accesses the Site, being or not a member of Guardian Home Exchange.
All references to ‘Guest’ means members who have agreed to stay in your home. All references to ‘Host’ means members who have agreed for you to stay in their home.
“User Content” refers to anything (photos, videos, text) uploaded or submitted to the Website by members or users of the Website and its partner sites.
“Service” refers to membership of Guardian Home Exchange.
2. Who are Guardian Home Exchange?
Guardian Home Exchange provides a platform to introduce members who wish to exchange their home with another member’s home for the duration of their vacation. The platform enables the communication between its members. We only provide the platform where members can communicate with each other easily. Members are free to communicate with each other and we do not get involved with the completion of the home swap itself and assume no liability arising therefrom.
Home Base Holidays operates this Site on behalf of Guardian News & Media Ltd. Home Base Holidays is located at: Guardian Home Exchange, 7 Park Avenue, London, N13 5PG, England.
3. FHEA (Federation of Home Exchange Agencies)
Guardian Home Exchange is part of FHEA (Federation of Home Exchange agencies). FHEA partner members include:
All home swap listings are shared across all FHEA websites so as to provide additional offers to our members. Details you add to the Guardian Home Exchange website (including details about your home, communication through the messaging system, trip reports and swap agreement) will be available on all FHEA member websites. Your personal contact details (such as email address, phone number, postal address) will not be made available to other FHEA members unless you have given consent, or you have chosen to add it to your home swap details available to members and non-members. By using our service, you agree that the data you provide to us will be available on all FHEA websites.
4. Your use of the Website
4.1 You agree that, in using the Guardian Home Exchange website:
4.2 Your commitment when agreeing an exchange
You agree to:
4.3 How to home swap
Once you have become a member of Guardian Home Exchange, you can start contacting other members to arrange your home swap holidays. The steps involved:
You can find details on how to arrange a home exchange on our How it works page or in our FAQs. If you agree to enter into a home exchange with another member, the terms of the home exchange agreement are solely between you and the other member. We are not a party to any home exchanges and so, when agreeing to a home exchange with another member, you acknowledge and agree that Guardian Home Exchange is in no way responsible what-so-ever for its outcome.
You agree to compensate and defend us fully against any claims or legal proceedings bought against us by any person in respect of any arrangement, agreement, relationship or other dealings you may have with other members. You agree that you will not involve us in any dispute between you and any other member (except to the extent that we agree in writing to get involved in any such dispute).
5. Rights of the members
Members with a Free Trial membership can send up to ten messages during their trial period. Members who have a full paid membership can send unlimited messages during their membership period. During the membership period, members can swap their homes as many times as they like and with as many different members that have agreed to swap with them.
5.1 Member benefits
Listing and profile page: Members add their home to the Website and have a personal page to display their home, with unlimited pictures and text.
Email notifications: members receive email alert notifications when they receive a new message from another member. Members also receive email alert notifications when another member adds a trip report about a completed swap in their property, updates to a swap agreement with another member, membership renewal reminders and special offers and the Home Swappers email newsletter. Members can choose to opt out of any of the emails at any time.
Full paid Members can add up to five additional homes at no extra cost. Members cannot however list the same property more than one time during the same membership period.
Users are not allowed to sign up to the free trial membership more than once.
6. Disputes between members
Any disputes arising from the use of Guardian Home Exchange or affiliate web sites must be settled between the parties who directly participated in the home swap. Guardian Home Exchange cannot be held responsible for any events that occur as a result of any home swap that is or was listed on the Guardian Home Exchange Website. Guardian Home Exchange may attempt to mediate disputes without assuming any responsibility for subsequent resolution or failure to resolve.
7. Our right to terminate membership
8. Cancelling your membership
Members can hide their listing by logging in to their member area and selecting “Hidden” from the “Status” drop down menu. If a member would like their membership details fully deleted from the Website, members can contact us at email@example.com and we will remove the account from the Website and from our database. Once your data has been deleted from our active databases, the data may still be stored on backup copies of the databases. Therefore, members should not expect that all their personal information will be removed from our databases after termination or cancellation of their membership.
If you join the Website, you can cancel and receive a full refund of any payments made so long as you contact us within 14 days of the payment.
9. Guaranteed membership extension
If you do not arrange an exchange in your first year of paid membership to the Guardian Home Exchange Website, the second year of membership is granted free of charge. To receive the membership extension, please contact us at firstname.lastname@example.org. To qualify, you must
10. Third party websites and links from and to the Website
You acknowledge and agree that we have no responsibility for the information provided by third party services and/or linked websites (links either to the Guardian Home Exchange Website or from the Guardian Home Exchange Website). You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss or cost caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on third party services or linked websites.
Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only and your use of such other sites and resources is subject to the rules and policies of the relevant site or resource. We have no control over, nor do we endorse, the contents of those sites or resources nor any use of personal data by such third party and you acknowledge and agree that your use of them is at your own risk.
11. Content of the Website
All of the content on the Website, including text, images, software, scripts, code, designs, graphics, photos, music, sounds, videos, materials, applications, interactive features, and other content is owned by us or by our licensors. You agree that you are permitted to use this material and/or content only as set out in these Terms & Conditions or as otherwise expressly authorised in writing by us or our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content.
By submitting or posting any content on the Website (including photos, text and videos) you grant us a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, copy, perform, reproduce, promote, publish, display and distribute any content added by you. You grant these rights to us free of charge and without any commitment of an attribution as to authorship, ownership or other similar reference. By uploading content to the Website, you grant us permission to use the content in newsletters, blog websites, affiliate websites, partner websites and promotional material.
Please do not upload or submit any content to the Website unless you have permission from the person who took the picture and anyone who is depicted in the picture. You are responsible for determining whether content you submit or upload to the Website is protected by copyright, trademark, trade secret, right of publicity or other proprietary right.
Members may not use any content from this Website for any solicitations, or for any commercial use. Data mining of information from this Website, and collecting or storing personal information about members, is prohibited. Any violation of this paragraph shall subject the violator to severe penalties.
12. Limitation of liability
The Guardian Home Exchange Website service only acts as a platform to help facilitate members arrange their home swaps. We do not own, manage, make promises or statements in respect of, or take responsibility for any type of property or its condition or suitability. You assume all responsibility and risk for your use of and reliance on any information obtained from or through the Website or our partner websites (see Section 3 for details about FHEA). Guardian Home Exchange is only responsible for publishing listings of its members on the Website.
Neither Guardian Home Exchange nor Home Base Holidays verify the existence or content of any property and do not guarantee a home swap of any kind. Neither Guardian Home Exchange nor Home Base Holidays are responsible for the accuracy of the home listings or the actions of members, and claim no responsibility for the accuracy, content, or availability of information accessed or linked to through use of this service.
Neither Guardian Home Exchange nor Home Base Holidays accept responsibility or liability what so ever for any damages to your property, vehicle or contents arising in connection with your use of this Website.
Furthermore, neither Guardian Home Exchange nor Home Base Holidays shall have any responsibility or liability what so ever for any direct or indirect injury arising in connection with your use of this Website, including without limitation any physical injury suffered on any listed property or at the hands or by the negligence of any member or other person, and any damages to your property. Neither Guardian Home Exchange nor Home Base Holidays shall be liable what so ever for any lost profits, losses, punitive, incidental or consequential damages or any claim against Guardian Home Exchange.
Under no circumstances, including but not limited to negligence, shall Guardian Home Exchange nor Home Base Holidays be liable to you for direct, indirect, incidental, consequential, special, punitive or exemplary damages even if Guardian Home Exchange or Home Base Holidays have been advised specifically of the possibility of such damages, arising from use of or inability to use the home swap service or any links or items on the service or any provision of the terms of service. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Guardian Home Exchange nor Home Base Holidays be liable for any amount in excess of the membership fees paid by the member.
Neither Guardian Home Exchange nor Home Base Holidays shall be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against Guardian Home Exchange or Home Base Holidays by any other party.
Your use of the Website is fully at your own risk. Neither Guardian Home Exchange nor Home Base Holidays make any representations or warranties of any kind, express or implied, as to the accuracy of any information included on the Website, the operation of the Website or the information, content, features, materials, or products included herein.
When you sign up to use the Service (other than via a Social Network account), you will be asked to choose a password which, together with your email address (which will be your username), you will use to log in to the Service. You are responsible for maintaining the confidentiality of your password and username and are responsible for all activities that are carried out under them. We will not be responsible for losses suffered by you where your password or user name is used by someone else (whether or not such use is fraudulent). You agree to notify us immediately by email to email@example.com if you become aware of, or suspect any unauthorised use of, your password or username.
Guardian Home Exchange does not warrant that your access to or use of the Site will be continuous, uninterrupted or totally secure. The Site may not be available from time to time due to upgrades or maintenance carried out in relation to the Site. You acknowledge that disruptions to the operation of the Site may occur which may affect your access to or use of the Site.
Neither Guardian Home Exchange, Home Base Holidays nor its employees, officers, partners or agents, will be liable for any loss or damage (including without limitation, any consequential loss or damage) suffered by you arising directly or indirectly from your inability to access the Site, your operation of the Site or in relation to any Services offered through the Site.
In no circumstances will Guardian Home Exchange nor Home Base Holidays be liable to you or any third party for any indirect or consequential loss arising from damage caused to your computer or computer files as a result of your use of the Site or resulting from loss of data, loss of profits or business interruption even where Guardian Home Exchange has been advised of the possibility of such damages.
Neither Guardian Home Exchange nor Home Base Holidays have any responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by Guardian Home Exchange or Home Base Holidays.
You agree that neither Guardian Home Exchange, Home Base Holidays, nor its employees, partners, owners, consultants, agents, affiliates, licensors, content providers or suppliers shall have any liability to you under any theory of liability or indemnity, including, but not limited to, liability for consequential, indirect, incidental, special or punitive damages, whether in action under contract, negligence or any other theory, in connection with your use of the Website, including, but not limited to:
You hereby release and forever waive any and all claims you may have against Guardian Home Exchange, Home Base Holidays, it’s employees, partners, owners, consultants, agents, affiliates, licensors, content providers or suppliers (including, but not limited to, claims based upon the negligence of such parties) for losses or damages you sustain in connection with your use of the Website.
13. Warranty Disclaimer
Use of any of the Website and any information obtained from the Website is at your sole risk. This Website is provided "as is", we, our officers, partners, owners, directors, employees, agents and assigns, disclaim, to the fullest extent permitted by law, all express and implied warranties, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title and non-infringement.
We do not warrant that the Website will be free from viruses. Although we take reasonable steps to secure the Website, you acknowledge that the Internet is not a completely secure medium and we make no warranties, express or implied, that any information or materials you post on or transmit through the Website will be safe from unauthorised access or use. It is your responsibility to use virus checking software on any material/content accessed or downloaded from this Website.
In no event shall Guardian Home Exchange be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Website, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of the Website.
If you are dissatisfied with the Website, your sole remedy is to discontinue using it.
15. Right to assign
Guardian Home Exchange may assign its rights to this Agreement without the members' consent. If Guardian Home Exchange assigns its rights, is sold to another entity, or enters into an agreement with another company to share home listings, Guardian Home Exchange or its successor will give notice to the members who may opt out by terminating his or her membership.
16. Amendments to the Terms & Conditions
17. Force Majeure
Any delay in or failure of performance by Guardian Home Exchange under this Agreement will not be considered a breach of this Agreement and will be excused to the extent caused by any occurrence beyond the reasonable control of Guardian Home Exchange including but not limited to acts of God, power outages, natural disaster, closure of airspace and governmental restrictions.
18. Law and Jurisdiction
These terms and conditions and the relationship between you and Guardian Home Exchange shall be governed by and construed in accordance with the Law of England and Wales and Guardian Home Exchange and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
Last modified on the 10th May 2018