Terms and conditions

Welcome to Guardian Home Exchange (www.guardianhomeexchange.co.uk). Please read carefully both the Terms & Conditions and Privacy Policy.

Terms & Conditions Index

• Website Terms & Conditions of Use
• Who are Guardian Home Exchange?
• FHEA (Federation of Home Exchange Agencies)
• Your use of the Website
• Rights of the members
• Disputes between members
• Our right to terminate membership
• Cancelling your membership
• Guaranteed membership extension
• Content of the Website
• Warranty Disclaimer
• Limitation of liability
• Third party websites and links from and to the Website
• Privacy policy
• Right to assign
• Amendments to the Terms & Conditions
• Force Majeure
• Law and Jurisdiction

1. Website Terms & Conditions of Use

Any use by you of the Guardian Home Exchange website at www.guardianhomeexchange.co.uk (“Website" or “Site”) is conditional upon your acceptance of these Terms & Conditions, including our Privacy Policy. We reserve the right to amend these Terms & Conditions from time to time without notice and at our discretion. It is your responsibility periodically to review this page for updates to these Terms & Conditions, which shall come into effect once posted. Your continued use of the Site will be deemed acceptance of these Terms & Conditions, including our Privacy Policy.

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:

• Guardian Home Exchange
• Home Base Holidays
• Radio Times Home Swap
• Green Theme International
• Invented City

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:

• You are at least 18 years old
• You are able to genuinely enter into a home exchange that you agree to, and, in doing so, you will not breach any other agreement you may have with anyone else
• You are responsible for investigating and adhering to all local regulations including, but not limited to, permits, licenses, occupancy taxes, zoning, rules and restrictions applicable to co-ops, condominiums and other common interest developments, and safety compliance.
• You will not use the Guardian Home Exchange website for any unlawful purpose
• You will not encourage any member to join another home swap website
• You will not upload or transmit any files that contain viruses, corrupted files, Trojan horses, malicious code, or any other similar software or programs that may harm the operation of another's computer or gain otherwise unauthorised access to the computer.
• You will not either yourself or authorise, encourage or assist any other person to copy, modify, alter or tamper in any way with any software, source code, databases that forms part of the Guardian Home Exchange service.
• You will not attempt to access the accounts of any other members.
• Other than your home swap offer, you will not use the Guardian Home Exchange website to advertise any products
• You will not use the Guardian Home Exchange website for any commercial purposes. You can state that rental is an option at times where you are not able to home swap, however this is a private agreement between the two sets of members and no rental agreements or payments will be completed through the Website.
• You will not post or upload any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or which is otherwise inappropriate
• You agree to compensate us fully for any loss or damage whatsoever that we suffer as a result of your breach or alleged breach of the terms as stated in these Terms & Conditions.
• You also agree to compensate us fully for any loss or damage whatsoever that we suffer as a result of your breach or alleged breach of any contract between you and any third party (including any other members, as applicable). This includes any loss or damage we suffer as a result of any claims or legal proceedings brought against us by any third party arising out of such breach or alleged breach.
• You acknowledge that we reserve the right to terminate any account from the service if we deem it to be inactive.
• Members recognise that Guardian Home Exchange can show the information provided in the profile of the user outside of its platform with the objective of bringing traffic to the site and increasing the possibility of connections for all of the members in the network.
• When registering your home on the Website, you agree to accurately describe the property (any omissions of relevant information will also be regarded as being inaccurate). This includes, without limitation, the type, number and size of rooms, and photos of the property and location of the property. You must also agree that any photos uploaded are not subject to any copyrights. You must ensure that your listing’s details and your contact details remain accurate and up-to-date. You must also ensure that your home swap availability dates are kept updated to correctly display when you are available for an exchange. Note: we reserve the right to remove any home swap listings that we believe to be inaccurate or no longer available for exchange.
• You acknowledge that we reserve the right to cancel any member's account if it fails to comply with these Terms & Conditions or our Privacy Policy.

4.2 Your commitment when agreeing an exchange

You agree to:

• Make sure that your home is in a clean and tidy condition for your home swap Guests and corresponds to the photos shown in your listing.
• Verify your own insurance coverage and the coverage provided by your home swap partner, including auto, property and liability.
• Treat your home exchange guests with consideration, courtesy and respect
• Adhere to all terms, conditions and other agreements (whether in writing, verbally or otherwise) that you have agreed with your home exchange guest regarding your agreed exchange.
• Leave your home swap partner's home in as good or better condition than you found it.
• You accept full responsibility for any damage whatsoever that you cause to your Host’s home or its contents.
• Adhere to all terms, conditions and other agreements (whether in writing, verbally or otherwise) that you have agreed with your Host.
• Only cancel an agreed exchange if there is an emergency (such as a sickness or damage to your property)
• If you do have to cancel an agreed exchange, you will help find your Guests alternative equivalent accommodation and agree to help cover any costs incurred (such as the cost of a hotel or holiday rental).
• To hold appropriate travel insurance in place or plan alternative options to cover you in the event that a home exchange is cancelled (whether by you or the Host)
• Accept full responsibility for any financial loss resulting in the cancellation of a home exchange (whether by you or the Host).

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:

• Join Guardian Home Exchange
• Add your property to the Website
• Use the search tools to find homes in your favourite destinations
• Send messages to other members and start a conversation
• Agree the details of your swap and fill in the online swap agreement form

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

Guardian Home Exchange reserves the right to cancel any membership for any reason, including misuse of the Website, any action we feel compromises the security of the Site, any action that adversely affects other members or their property, or any action we feel is detrimental to Guardian Home Exchange. We further reserve the right to cancel a membership if we determine, in our sole discretion, that you have violated these Terms & Conditions or our posted Privacy Policy. If any information provided by a member is found to be grossly misrepresented, or should the member's home listing or actions be in violation of any law or any provision of these Terms & Conditions, Guardian Home Exchange reserves the right to remove, at its discretion, the member's home listing at any time, and/or to terminate the member's access to the Website, without refund. Guardian Home Exchange may also terminate any home listing or membership at any time for any other reason or for no reason at all at the Guardian Home Exchange sole discretion, in which case the member will be entitled only to a pro rata refund of any fee paid. No refunds or partial refunds will be offered.

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 info@guardianhomeexchange.co.uk 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 info@guardianhomeexchange.co.uk. To qualify, you must

• Have been a paying member for one year;
• Have added a description and at least two photos to your home swap listing;
• Have sent at least ten (10) inquiries to other members through the Website.

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 info@guardianhomeexchange.co.uk 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.

14. Privacy policy

While using the Website, you may be asked to provide personal information to us. Our information collection and use policies with respect to such information are set forth in our Privacy Policy (please refer to the Privacy Policy). Using the Website means that you accept both the Privacy Policy and Terms & Conditions of use. If you do not accept both the Privacy Policy and Terms & Conditions then please stop using the Website immediately. You acknowledge and agree that you are solely responsible for the accuracy and content of information you provide.

Guardian Home Exchange does not participate in or tolerate the sending of unsolicited commercial email (please refer to our Privacy Policy for more information).

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

We reserve the right to amend these Terms & Conditions as well as the Website’s Privacy Policy from time to time. The date on which these Terms & Conditions have been last updated shall be reflected at the top of this document. Any modification shall be effective immediately. Please review these Terms & Conditions whenever accessing or using this Website.

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