1. I agree to accept and abide by the clauses referred to in this"Agreement & Code of Practice" attached hereto and acknowledge having read the "use of web site: Terms and Conditions, Disclaimer, Privacy Statement" accessible via the link at the bottom of the" home" page, the "how it works" and "questions and Answers" pages.
2. I agree to make my establishment available to bone fide members of the scheme who have credits to their names, at times suitable to myself. I undertake not to renege on any booking agreed to, even, and especially if, prior to arrival date, I should receive a normal (paying) request for a booking over the same period of time.
Please NOTE that Accommodation Swap does not guarantee that bookings will always be accepted when requesting a swap. Every member has the right to accept or refuse a swap request as best fits their business portfolio. BUT once a swap is accepted and confirmed by both parties, it constitutes a legally binding contract between host and guest and may not be canceled unless agreed upon by both parties. See item 3 - applies.
Although the host is not obligated to accept a booking request, once a swap is accepted and confirmed it constitutes a legally binding contract between host and guest and may not be canceled unless agreed upon by both parties. See item 3 - applies.
The only mitigating circumstance on the above is if the Host has a personal emergency or has made a legitimate mistake in booking arrangements. If this happens the Host agrees to arrange and pay for alternative accommodation that suites the Guest.
3. I understand and accept that should I renege on clauses 1 and 2. above, that the administrators of the scheme have the right to:
3.1 cancel my membership without refunding me any registration/subscription fees.
3.2 revoke without compensation any credits or benefits I might have accumulated.
4. I understand that only the registered owner is allowed to make bookings and submit swap forms for friends or family. If a manager has been delegated to do this work ALL correspondence with Accom Swap admin and when applying to other members for a swap must begin with " .....This is (managers name) on behalf of the owner (name of registered responsible person) who has authorized me to handle this request......" It is the responsibility of the owner to make sure their delegated manger is fully trained and acquainted with how the system works.
The registered person is solely responsible for the security of his/her reference number and agrees to absolve the administrators of any liability of whatsoever in the event of their reference number falling into the hands of and being used by third parties.
The registered person for both host and guest shall be held responsible and liable in the event of them, or there representative, using or forwarding an incorrect reference number for submission of swap forms.
5. The Guest registered owner takes full responsibility and will be held liable by the Host for any damages or claims of misconduct of friends or family they have sponsored.
6. I understand that if I (guest) cancel a booking made within 7 days from date of arrival I will lose the credits that would have been deducted for the swap. The host's normal trading terms and conditions however shall take preference over this clause if applicable.
6.1 I understand and accept that should I have made a confirmed booking within the recognized peak holiday season dates and wish to cancel the booking, for what ever reason, the Host is NOT obligated to do this and may turn down the credit refund application.
7. I agree to notify the administrators of the scheme of any change to my circumstances and especially should I sell my establishment and/or transfer ownership. I understand that if I am not in a position to make my establishment available for swapping, for whatever reason, or if I resign from Accom Swap that my membership shall be canceled forthwith and that I will lose any accumulated credit balance in my account unless the special circumstances of clause 8 applies
8. Notwithstanding clause 7 If I SELL my establishment or CLOSE it down and provided I have been a member for 2yrs or longer, have a credit balance in my account and keep my subscriptions paid up to date I can apply to the administrators to remain a member until such time that I have utilized all remaining credits. This concession shall NOT be available to me should I RESIGN from Accommodation Swap for whatever reason or if I default as in items 1 to 3.2 above.
9. I understand that credit (days) has no "cash" value and is accumulated only on a "swap" bases. Should I fail to renew my yearly subscription or resign my membership I understand and accept that there will be no refund of registration or subscription fees and I will forfeit any credits (days) that might be owing me. Members are not allowed to "sell" their credits or any portion thereof to other members.
10. I understand that the 12 starting credits awarded on registration is to get me started and that I do not receive any more free credits when renewing my annual membership subscription fees. Additional credits are earned by me hosting other members.
11. I understand that the yearly subscription fee falls due during the month of May and that the latest payment date is the 1st June annually, after which a late penalty payment of 2% per month, compounded monthly, shall apply and my account shall be suspended until payment has been made.
11.1 Although Accommodation Swap sends out annual subscription renewal notices all members are personally responsible for ensuring that their fees have been renewed during the month of May even though they did not receive the renewal notices for whatever reason.
12. I understand that in order to participate :
12.1 I have to have an existing web site or an equivalent thereof so that members are able to view my establishment when requesting a booking. Without this I will not be able to join Accommodation Swap.
Facebook web sites that are completely dedicated to the establishment (not part of an existing personal Facebook) are acceptable.
Web sites that can only be reached via searching within a dedicated server shall not be acceptable - a direct link into the web site is required.
12.2 My establishment has to be a dedicated area that is run full time in accordance with recognized hospitality standards.
12.3 As HOST I agree not to provide a lesser service than I would for a paying guest and undertake to go out of my way to provide only the very best experience for my fellow members.
13. By registering and
joining Accommodation Swap Worldwide I thereby indemnify the
company, its employees, agents and affiliates against any loss
or damage, in whatever manner, howsoever caused and understand
that utilization of the scheme and any swaps arranged is entirely
at my own risk. I further agree to absolve the administrators
of any liability of whatsoever for the success, or otherwise,
of this scheme and in particular with possible matters of dispute
between "guest" and "host" vis a vis breakage's
/ security/ quality of establishment etc. I understand that
the same terms and conditions of occupancy shall apply to me
when arranging a swap as would apply to normal paying guests.
14. I have read, accept and understand the content of the attached "quality control policy"(click here) document which forms part of this agreement.
15. The administrators of Accom Swap reserve the right to:
15.1 Add to, alter or amend any of the above as circumstances may prevail from time to time.
15.2 Cancel my membership without any form of compensation or refund of credits or membership fees should it be subsequently learned that false or fraudulent entries were made on the registration form or swap forms.
15.3 Cancel my membership without any form of compensation or refund of credits or membership fees should they receive three or more complaints from members of bad behavior and or noncompliance with house rules.
15.4 The administrators retain the right to terminate any membership due to abuse, swearing at, insulting of any of the Accommodation Swap staff, or noncompliance with any terms and conditions herein set out without any form of compensation, or refund of credits, or membership fees.
16. Intellectual property:
The Accommodation Swap Worldwide site and all original content is the sole property of Accommodation Swap and may not be duplicated or used in any way without prior written consent from the administrators.
Client records are regarded as confidential and therefore will not be divulged to any third party.
Under no circumstances are registered members permitted to forward any other members e-mail address to third parties, or share their e-mail address to further their own agenda outside of Accommodation Swap internal usage and modus operandi.
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