Terms and Conditions for Membership of the
International Vacation Home Exchange Scheme

1. Definitions
The Agreement means this Agreement and all references to clause numbers refer to clauses in this Agreement
The Member an individual who agrees to join the home exchange scheme operated by IVHE on the terms and conditions set out below
The Host means a Scheme Member who makes his property available for visits from other Members
IVHE means International Vacation Home Exchange
The Scheme means the membership scheme set up by IVHE for purposes of vacation home exchanges
The Guest means the Scheme Member when acting as a guest at another Member's property under the Scheme.

2. IVHE Obligations
(a) IVHE will use reasonable endeavor to maintain a website containing the details of Members' properties. IVHE shall be entitled, in its sole discretion, to decide which properties to include on the website.
(b) IVHE will maintain details relating to each Member's property.
(c) IVHE will maintain a record of credits on behalf of each Member. IVHE will credit or debit the Member's account each time a Member acts as a Host or a Guest. The amount debited or credited to an account will vary in accordance with the credit value of the relevant property at the time of each visit or hosting.
3. Member's Obligations
(a) The Member shall provide information about their vacation property in accordance with the policies & procedural rules of the Scheme (which may change from time to time).
(b) The Member warrants that all information provided to IVHE is accurate and correct. The Member further warrants that any changes to the property that affect the accuracy of the information held by IVHE will be notified to IVHE immediately.
4. Member's Obligations as a Host
(a) The Host will ensure that at all times while there are visitors in your property, the property is insured with Home Owners Insurance (or an equivalent policy) that insures visitors to the property. Where appropriate, the Host shall ensure that visitors are insured to make use of any vehicle that forms part of the facilities available at the property.
(b) The Host shall indemnify IVHE against all loss, actions, costs, claims, demands, expenses and liabilities whatsoever (if any) which IVHE may incur either at common law or by statue in respect of personal injury or death of any person (other than as a result of any default or neglect of IVHE or of any person IVHE is responsible for) or in respect of loss or destruction of or damage to property which shall have occurred:
i. during a Member's visit to your property;
ii. As a result of the Host providing inaccurate information to IVHE; or
iii. As result of the Host cancelling the visit.
(c) The Host warrants that they own the property and that, where required, they have obtained any permissions required to perform their obligations under this Agreement including but not limited to permissions from the management company of your development and/or property.
5. Member's Obligations when acting as a Guest
(a) The Guest will abide by the maximum number of guests permitted to stay in any property that you visit.
(b) The Guest shall agree to observe any restrictions, rules or regulations that apply to the property, including but not limited to, rules banning smoking in the property or banning pets in the property.
(c) The Guest shall indemnify IVHE against all loss, actions, costs, claims, demands, expenses and liabilities whatsoever (if any) which IVHE may incur either at common law or by statue in respect of personal injury or death of any person (other than as a result of any default or neglect of IVHE or of any person IVHE is responsible for) or in respect of loss or destruction of or damage to property which shall have occurred:
i. as a result of the Guest's actions or omissions in connection with the Guest's stay at another Member's property: or
ii. As a result of the Guest cancelling a visit.
6. Prices and Payment
(a) IVHE provide the membership scheme to the Members in return for a fee. Fees are paid by the Guest to IVHE when the arrangement for a visit has been made.
(b) IVHE's current charges are 7% of the credits value of the transaction. For an understanding of credits please refer to the policies & procedures of the Scheme.
(c) IVHE reserve the right to alter the fee levels. In the event that IVHE intends to increase the fee levels IVHE will provide 30 days notice of any such increase.
(d) In the event that a visit is cancelled or changed by either party cancellation charges may be incurred by the Host or Guest and be payable to IVHE. The level of cancellation charges may vary from time to time.
7. Force Majeure
(a) IVHE shall have no liability for any delay in carrying out or failure to carry out any of its obligations under this Agreement where such delay or failure is caused by fire, strikes or other industrial action or dispute, acts of Government, default of suppliers or subcontractors, or any circumstances outside IVHE's reasonable control.
8. Limitation of Liability
(a) The Member acknowledges that IVHE is providing an information service and that IVHE cannot be held responsible for:
i. Inaccurate information regarding a property where that information has been provided to IVHE;
ii. Death or personal injury incurred by a Guest or other members of the Guest's party while staying in a Host's property or travelling to and from the Host's property unless such death or personal injury is caused by the negligence of IVHE. All Hosts are obliged to maintain insurance on their properties (see clause 4(a) above). It is recommended all Guests ensure that they and their party are adequately covered by Travel Insurance when making visits to another Member's property.
iii. Loss or damage to property caused by Guests during a visit.
(b) In no circumstance shall IVHE be liable for, in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever, and whatever the cause thereof, for
i. any special, indirect or consequential damages,
ii. Any loss or profit, business, contracts, wages, salaries, or anticipated savings
iii. For any increased costs or expenses
arising directly or indirectly out of IVHE's obligations or of any error or defect therein, or of performance, nonperformance or delayed performance by IVHE of IVHE's obligations under this Agreement.
(c) In the event that IVHE is deemed to be liable for any loss or damage whatsoever and howsoever caused IVHE's maximum liability to the Member shall be equal to the value of the fee earned by IVHE for a 1-week stay in the Host's property.
9. Severability
(a) If any term or provision of this agreement shall be held by any court to be illegal or unenforceable such term or provision shall to that extent be deemed severable and not form part of the Agreement but the validity and enforceability of the remainder of the Agreement shall not be affected.
10. Waiver
(a) No delay, failure or omission to enforce any term or condition of this Agreement, or arises under the Agreement or from a breach of the Agreement shall be deemed to be a waiver of that term or condition or shall operate to prevent the exercise of such term or condition in the future.
11. Termination
(a) You can terminate this Agreement on 1 month's notice subject to you honouring any previously arranged visits to your property.
(b) IVHE can terminate this Agreement in the event that the Member fails to make punctual payment of any fee due under this Agreement.
(c) IVHE can terminate this Agreement in the event that the Member breaches any obligation under this Agreement.
(d) In the event that IVHE terminates this Agreement under clause 11(b) or 11(c) the following shall occur:
i. The Member shall pay on demand all arrears of fees including any incurred interest.
ii. The Member shall forfeit all credits previously accrued under this Agreement. Under no circumstances shall the Member be entitled to any cash equivalent for any forfeited credits.
Iii IVHE shall be entitled to remove all details relating to the Member's property from the website.
12. No Agency
(a) IVHE and the Member accept that IVHE is providing an information service and neither party is acting as agent or principal for the other at any time.
13. Disputes
(a) In the event of a dispute between the parties to this Agreement IVHE reserves the right to refer the dispute to an Expert for the Expert's determination. IVHE shall request that the current Chairman of the Society of Expert Witnesses shall appoint an expert appropriate to the nature of the dispute. Fees incurred by the Expert shall be payable by the Member and IVHE jointly.
14. Interpretation
(a) The headings in this agreement are inserted for convenience only and shall not affect the construction or interpretation of this agreement.
(b) In the event of any conflict between this Agreement and any other document issued by IVHE this Agreement shall have precedence.
(c) IVHE reserve the right to alter these terms and conditions in its sole discretion.
15. Third Parties
(a) Unless expressly provided in this Agreement, no term of this Agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to this Agreement.
16. Governing Law
(a) This Agreement shall be governed by the law of England and Wales.
(b) Any disputes arising in relation to this agreement or the provision of the Services shall be subject to the exclusive jurisdiction of the English Courts.

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