EXCHANGE HOLIDAY HOMES TERMS AND CONDITIONS
Last Updated: 20/06/16
Please read these Terms and Conditions carefully before joining and using ‘Exchange Holiday Homes’ (EHH), operated by The Getaway Company. By joining EHH, you accept and agree to be bound by the terms and conditions of this agreement. Accessing the EHH website and using its services will constitute acceptance of these terms and conditions.
- JOINING EHH
- Eligibility to Join EHH
All members must own (a) holiday home(s), i.e. a property that is not their main residential home.
- Fractional ownership where the owner has at least 25% ownership of the property may be acceptable at the discretion of EHH, but must be discussed with EHH by phone or email on a case by case basis.
- Individual Time Share properties are not acceptable for membership with EHH.
- Family and Friends
It is EHH’s policy that, with a member’s express permission, their family and friends can use their credits to book an exchange for themselves, and according to the following terms:
- You, the member, are responsible for the security of your user name and password and should not give out this information to any other party.
- Should a family member or friend wish to use your membership, you, the member, must be the one that makes the booking.
- You, the member, are responsible for the behaviour of friends and family during an exchange, and for any damage/breakages/complaints that may arise.
- Your Property Listing
EHH is a facilitator only and does not own or manage any of the properties listed on the EHH website. EHH cannot take any responsibility for the condition or suitability of any property listed.
- Photographs must be added to your property listing before you are made a full member and your property made visible to other members. A reasonable amount of text must be added to describe your property.
- You, the member, are responsible that the information and photographs shown on your property listing on EHH is accurate and representative of the current condition of your property.
- It is the guest member’s responsibility to verify and check whether the property is suitable for their requirements – EHH cannot be held responsible for checking the accuracy of any information given by the host member to EHH or to the guest member.
- If any event takes place which effects the accuracy of the information in your property listing, it is the member’s responsibility to notify EHH immediately.
- This includes putting your property up for sale.
- EHH reserves the right to add, remove or change any information or photograph on a property listing, and to suspend or withhold full membership until your listing is deemed satisfactory by EHH.
- USING EHH
EHH provides a network service to advertise and facilitate holiday home swaps. We aim to provide an uninterrupted service but there may be times when for reasons beyond our control the system/server is temporarily unavailable. Therefore, EHH cannot guarantee uninterrupted service without fail.
- Confirmed Exchanges
Once an exchange has been agreed with both the host and guest member, and the exchange fee received from the guest member, EHH will send (by email) booking forms to guest and host member. Once booking forms are sent, the exchange is deemed as confirmed and legally binding.
- The host member must confirm receipt of booking form to EHH, and EHH requests that host and guest member contact each other as soon as possible after receiving booking forms.
- The exchange must be with the property listed on the EHH website – no substitute can be made unless agreed in advance with the prospective guest member.
- The exchange contract is between host and guest member and not EHH, and as such the guest member is subject to the usual terms and conditions of the holiday property they are going to.
- The guests listed on the host member’s booking form cannot be changed or increased, unless agreed in advance between host and guest member. Guest members must not exceed the maximum number of persons allowed at the property they are visiting.
- Condition of Property
EHH does not hold any responsibility for the management or condition of any property listed on the EHH website. However:
- All properties should be in a clean, suitable condition when a guest arrives, and the property should reflect the description and photographs in its listing.
- If this is not the case when a guest member arrives, and photographic evidence can be provided of this, EHH reserves the right to remove all or some of the credits earned by the host member by the booking.
- Guest members should leave a property in the state in which they found it. Although EHH will not be held responsible for damage to a property, it stipulates that any damage must be reported to the host member and paid for in full. Any issues involving damage to the property must be resolved between host and guest members.
- If a report/photographic evidence from a guest member shows your listing to be seriously misleading, EHH reserves the right to remove your listing and cancel your membership with immediate effect, for the protection of our members. In this event, you will lose any earned credits and you will be liable to pay for any negative credits at a rate of £39.00 per 7 credits.
- Banked Weeks and Negative Credits
A ‘banked week’ is a week showing as available for exchange on your property listing.
- When you join EHH, you can take up to two exchanges before earning any credits. If you do this, you will be in ‘negative credits’, where you have not yet earned the credits you have spent. If you are in negative credits, you must at all times have enough banked weeks showing on your property listing to cover the negative credits until such time as the negative credits have been earned back or 6 years pass, whichever is the sooner. id the credits havent been 'earned back' after 5 years, you will be obliged to pay for the credits owed at a rate of £39 per 7.
- If you do not have enough banked weeks showing to cover your negative credits, EHH reserve the right to charge you the cost of those credits at a rate of £39.00 per 7 credits. If within 6 years you have not paid back the negative credits , then we reserve the right to request payment of these credits to clear the debt at £39 per 7 credits. If you owe credits and do not agree to any reasonable requested weeks over a period of 6 years, then we reserve the right to request payment for the owed credits at £39 per 7.
- Should you request the return of a banked week (and it has not been booked out by an EHH member), we will return that week to you, as long as there are still enough banked weeks, or you add another banked week to your listing, to cover any negative credits.
- You must make sure that all weeks you have booked out yourself (i.e. to a rental), are immediately removed from your listing on EHH.
- If we request one of your banked weeks for a fellow EHH member and it is not available for whatever reason, and this happens more than once, we reserve the right to withdraw your membership. In this event, you will lose any earned credits and you will be liable to pay for any negative credits owing at the rate stated above.
- Late Offers
Once any banked weeks are six weeks or less away, they will be advertised to our members at a discounted credit rate.
- The owner member will still receive full credit value for these weeks.
- The Late Offers discount is only applicable to weeks that are already banked on EHH, and not to dates that are specifically requested and then added for a guest member, even if it is in the next six weeks.
- These Late Offers will only be visible to full members of EHH, and are not shown to the general public.
- Extra Costs and Security Deposits
All extra costs and household bills such as electricity, gas, bed linen and final cleaning costs are the responsibility of the host member and should be included in the exchange, i.e. not charged to the guest member. This term is enforced across the board at EHH, to make the standard and cost for the guest member the same for all exchanges.
- Where the host member doesn’t rent out their property as a holiday let, and thus may not have appropriate linen or cleaning arrangements in place. If this is the case, it must be made clear to EHH and the potential guest member before an exchange is agreed, so that the guest member can decide if they are happy to proceed with whatever arrangement the host member is proposing.
- Owners are not allowed to charge for bed linen, but towels are classed as extra and can be charged for. Any charges for towels must be made clear to EHH and the guest member before an exchange is agreed.
- Owners are allowed to cap usage for air conditioning and pool heating, and charge for usage over the cap, but this must be made clear to EHH and the guest member before an exchange is agreed.
- Security deposits can be requested if this is normal practice for your property, but this must be detailed on your property listing.
- Security deposits are a matter exclusively between guest and owner members. EHH does not handle, collect, return or dispute security deposits arranged between guest and owner member.
- Any annual costs that are due on your property (maintenance, ground rent, rates etc) must be paid in full with regard to any agreed exchanges.
- The property must be covered by house insurance whilst members (or their family and friends) are visiting as guests.
- Extra Credits
- You are only eligible to earn extra credits for more bedrooms, if you are able to accommodate the following to sleep:
- 4 or more in a 2 bedroom property
- 5 or more in a 3 or 4 bedroom property
- 9 or more in a 5 or 6 bedroom property
- You are only eligible to earn extra credits for a swimming pool or hot tub if the pool/hot tub is available to use on the dates of the exchange.
- It is your responsibility to notify EHH if the pool/hot tub is not available at any time, for whatever reason.
- A whirlpool or Jacuzzi bath is not classified as a hot tub and is not eligible for extra credits.
- Credit Expiration
Credits earned through EHH are valid for three years from the date of booking, not from the date of the exchange.
- EHH has no obligation to warn members that their credits will soon expire – it is the member’s sole responsibility to track their credits and use them before expiry.
- If a member’s credits have expired, EHH allows them to pay to extend the expiry date as follows:
- £35 to extend for 6 months
- £50 to extend for 1 year
- The extension will apply from the date that the credits originally expired, not from the date that payment is made to extend the credits.
- The above fees are applicable per ‘set’ of credits earned. A ‘set’ of credits is all the credits earned by one exchange, all with the same expiry date. Therefore, if a member has earned credits through multiple exchanges and has multiple ‘sets’ of credits with different expiry dates that they wish to extend, they will be charged an extension fee per ‘set’.
- Any guest member wishing to bring (a) pet(s) to a property must first agree it with the owner member.
- Should EHH find out that a pet has been to a property without the owner’s permission, EHH reserves the right to cancel your membership. In this event, you will lose any earned credits and you will be liable to pay for any negative credits owing at the rate stated above.
- Should any damage be caused by permitted pets, the guest member must report this to the owner member and pay in full for the damage caused. EHH takes no responsibility for damage caused by pets, and any dispute must be resolved between owner and guest member.
- EHH cannot be held responsible for any cancellations whatsoever. Guest and host members shall indemnify EHH against all claims, expenses, costs, losses, damage, destruction and any liabilities whatsoever that arise as a result of either the guest or host member cancelling their exchange.
- EHH recommends that the guest member takes out both EHH’s credit safe-guard (£12.00), and separate third party travel insurance at the time of booking.
- EHH requests that the guest member contacts the host member as soon as the exchange is agreed to confirm all arrangements BEFORE booking any flights, ferries or any other travel arrangement. Should you book any travel arrangements and an exchange is cancelled for any reason whatsoever, EHH cannot be held responsible for any costs involved.
- If A Guest Member Cancels
- If a guest member cancels after an exchange is confirmed, the exchange fee and credits paid are non-returnable to the cancelling guest member.
- If the guest member has paid the £12.00 credit safe-guard to EHH at the time of booking, all credits spent minus 7 will be returned to them in the event of cancellation. The exchange fee is still non-returnable even if the guest member has paid the credit safeguard.
- If a guest member cancels after an exchange is confirmed, the owner member will not lose the credits they have earned for that exchange.
- EHH reserves the right to re-offer that week for exchange, and if it is re-booked, the owner will receive credits for the new booking in addition to the credits previously allocated from the cancelled booking.
- If A Host Member Cancels
- If a host member cancels for any reason whatsoever, and a satisfactory alternative date cannot be agreed between guest and host members, EHH reserves the right to enforce the following:
- The host member will lose all credits earned for the exchange.
- The guest member will be refunded all credits spent on exchange.
- The host member will be charged the total exchange fee that the guest has paid, which will be refunded to the guest member as soon as it is recovered.
- If the guest member did not contact the host owner within 7 days of booking, EHH reserves the right to credit their account with the return exchange fee, for them to use on their next exchange, rather than refund a monetary amount.
- The host member will also be charged a £175.00 penalty fee.
- EHH reserves the right to terminate the membership of the host member should there be an unsatisfactory reason for the cancellation of the booking, or should cancellation occur more than once, or if the fees stated above are disputed, as this will be deemed a breach of these terms and conditions.
- LEAVING EHH
- Terminating your Membership
- A member can terminate their membership at any time, but must honour any exchange that has been confirmed in their property.
- EHH membership is non-transferable.
- Selling Your Property
- If any member puts their property up for sale during their membership with EHH, they must inform EHH. Any credits still owing will have to be paid for at £39 per 7.
- Should EHH find out that your property is for sale and you have not informed EHH, we reserve the right to terminate your membership without notice. In this event, you will lose any earned credits and you will be liable to pay for any negative credits owing at the rate stated above. Any exchanged agreed upon may be terminated and you, the member, will be will be liable for the £175 penalty fee per exchange, plus the guest member’s paid exchange fees.
EHH credits do not hold a real monetary value and cannot be redeemed for any cash value. They are for the purpose of the exchange scheme only. The only time that a monetary value is attributed to EHH credits is when a member either wants to purchase additional credits or is in negative credits without banked weeks available on their listing.
- Should any of these terms and conditions be breached, EHH reserves the right to terminate your membership without warning. In this event, you will lose any earned credits and you will be liable to pay for any negative credits.
- If your membership is cancelled or you wish to cancel your membership whilst in negative credits, you, the member, will be liable to immediately pay the credit value that you have used at a rate of £39.00 per 7 credits.
- DATA PROTECTION
- LINKS TO THIRD PARTY WEBSITES
- The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that Exchange Holiday Homes Website.
- BREACH OF TERMS AND CONDITIONS
- Any breach of these terms and conditions, such as, but not limited to, failure to pay penalty fees, will be pursued by EHH via a court of law without exception.
- By joining EHH (which is located in England and so subject to the laws of England and Wales) and using its services, you agree to submit to the laws of England and Wales and the jurisdiction of the English Courts.