• HOMEEXCHANGE.COM INC., a company incorporated under Californian law, with an office at C/O WEWORK, 625 Massachusetts Ave, Cambridge, MA 02139, for the Americas (United States, Canada, Latin American countries), United Kingdom, Australia, New Zealand, and Asia;
• HOMEEXCHANGE SAS, a company incorporated under French law, registered with the Paris Trade and Companies Register under number 990 435 604, with its registered office at 45 rue de Chabrol, 75010 Paris, in the European Union, the rest of Europe (except United Kingdom), and Africa.

• If you are resident in Europe (except United Kingdom) or Africa, your contracting party is HomeExchange SAS. The HOMEEXCHANGE SAS Terms of Service below apply to you.
• If you are a resident of the Americas (United States, Canada, Latin American countries), United Kingdom, Australia, New Zealand, and Asia, then your contracting party is HomeExchange.com Inc. The HOMEEXCHANGE INC Terms of Service below apply to you.

1. The Code of Conduct
2. The Privacy Policies

• The Code of Conduct;
• The Privacy Policy.

• "Membership" refers to the subscription by the Member to the HomeExchange Service for a period of twelve months in exchange for the payment of the price.
• "Listing" refers to any Property described on the Platform by a Member or Registrant, including any User Content used to describe the Listing. Each Listing has a unique identification number on the Platform.
• "App" refers to any HomeExchange application for mobile phones, tablets, and other connected devices.
• "Deposit" refers to the security deposit, as described in more detail in Section IV "HomeExchange Services," point 4 "Management of Deposits."
• "Code of Conduct" refers to the set of rules of conduct and the behavior expected from members of the HomeExchange community before, during, and after an exchange.
• "Account" refers to the account that must be created to allow an individual to become a Member and access the Services offered by the Platform.
• "User Content" refers to the information provided by the Hosting Member in their Listing.
• "Exchange" refers to a home exchange concluded between a Hosting Member and a Guest Member. Exchanges can be:
  • (i) simultaneous with another home exchange concluded by the same Guest Member and Hosting Member, where the Guest Member also lends their Property to the Hosting Member,
  • (ii) a non-simultaneous reciprocal exchange concluded between the two Members, or
  • (iii) an exchange for GuestPoints, independent of any other home exchange (Unilateral Exchange).
• "GuestPoints" (also referred to as "GP" on the Platform) refers to the points accumulated by Members, the functioning of which is described in more detail in Section IV "HomeExchange Services," point 1.2 "GuestPoints."
• "Registrant" refers to any individual who registers on the Platform and thereby accepts these Terms.
• "Hosting Member" refers to a Member who offers their Property for exchange.
• "Guest Member" refers to a Member who concludes an Exchange with a Hosting Member.
• "Member" refers to the Registrant who subscribes to the HomeExchange Service and benefits from unlimited access to Exchanges during the 12 months of the Membership’s validity, within the limit of the available GuestPoints of the Member.
• "Collection Member" refers to a Member who has subscribed to the HomeExchange Collection service on an annual basis and benefits from unlimited access to Exchanges during the 12-month Membership period.
• "Verified" refers to a Registrant whose Property address, identity (name and surname), email, and phone number have been confirmed by HomeExchange through its automated verification service.
• "Property" refers to any permanent residential real estate (excluding, among others, RVs, boats, mobile homes, and other non-permanent structures) that a Member has the legal and/or contractual right to offer via the Platform.
• "Collection Property" refers to a unique property carefully selected by HomeExchange based on a list of predefined criteria as described in Section IV, point 7. These services are provided as electronic services via the Internet and are automated.
• "HomeExchange Service" refers to the Services provided by HomeExchange to Members as described in Section IV.
• "We", "Our", "Us", and "HomeExchange" refer to HomeExchange or any company within our group.
• "Platform" refers to the website www.homeexchange.com and any HomeExchange Application for mobile phones, tablets, and other connected devices.
• "I", "You", "Your" refers to you (the Member or Registrant using the Platform in any way, by accessing the websites, the App, or the services).

• Not provide false or misleading information when registering your Account or to any Member, Guest Member, or to HomeExchange, and not to create multiple or false accounts.
• Not post on the Platform, or transmit to others, any defamatory, inaccurate, abusive, obscene, coarse, offensive, sexually oriented, threatening, harassing, racist, discriminatory or illegal material, or any material that infringes or violates the rights of another party (including, but not limited to, intellectual property rights and privacy and publicity rights).
• Not upload or transmit files containing viruses, corrupted files, Trojans, malware, or any other software or programs that may harm the operation of another person’s computer or gain unauthorized access to that computer.
• Not accept payment from a third party in exchange for conducting a commercial activity on the Platform in violation of these Terms without the express permission of HomeExchange.
• Not assign or transfer your Account to another person or entity.
• Not interfere with another Member's or Registrant's Account, circumvent measures intended to prevent or restrict access to the Platform, or use indexing robots or other bots, or "scrapers," to collect content from the Platform, Members, or Registrants.
• Not collect, obtain, or use in any way information about other people, including email addresses, without their consent.
• Not offer a Property for rent to Members or Registrants.
• Not exchange a Property with a Member or Registrant outside of the Platform.

• You take full responsibility for the use you make of any information on the Platform.
• You have the power and right to enter into this Agreement, post your Listing, and offer your Property for Exchange, including having the owner’s authorization if you are a tenant.
• You are solely responsible for your communications and relationships with other Members or Registrants.
• If you believe in good faith that a Member or Registrant is violating these Terms or has acted inappropriately or illegally, you must immediately report this Member or Registrant to us (see Section IX User Content Moderation) and, if applicable, to the relevant administrative or judicial authorities.

Account Creation

Account Verification

Listings

• Any User Content included in the Listing;
• The description, location, and availability dates;
• The necessary and essential information about the Property and its expected use by the Guest Member, its features, and included amenities (e.g., pools, lighting, HVAC systems, security devices, etc.);
• If applicable, the legal obligations to be respected at the location of the Property (e.g., database registration requirements for the Exchange location, application of tourist taxes, etc.).

Account Closure

• Limit access to the Platform for this Member or Registrant;
• Suspend access to the Platform for this Member or Registrant;
• Delete any User Content hosted on the Platform;
• Close an Account;
• Cancel upcoming Exchanges;
• Report the incident to the relevant authorities.

• Access to the Platform for performing Exchanges (see point 1 below),
• Email service (2.),
• Automated verification service before concluding an Exchange (3.),
• Management of Deposits (4.),
• 24/7 personalized emergency assistance (5.),
• Free HomeExchange Guarantee in case of damage, theft, or other losses incurred by the Hosting Member (6.).

Access to the Platform

• Sleeping capacity corresponding to the number of guests;
• Hot and cold water supply;
• Electrical supply;
• Refrigerator;
• Bathroom; and
• Cooking unit (oven, stove, or microwave).

• Swimming pool;
• Internet connection;
• Access for disabled persons.

• The replacement Property must be located within 50 km of the original Property;
• The replacement Property must be located within 5 km of a coastal beach if the original Property was located within 5 km of a coastal beach.

• Either the relocation costs for a period equivalent to the planned Exchange, upon presentation of relocation invoices for the same dates as the canceled Exchange, up to €110/night (or €275/night for HomeExchange Collection services) and up to 15 nights, with a maximum reimbursement of €1,650 per canceled Exchange (or €4,125 per Exchange for HomeExchange Collection services);
• Or travel costs for a canceled trip upon presentation of invoices and cancellation and non-refund documentation, up to €110/night (or €275/night for HomeExchange Collection services), and up to 15 nights, with a maximum reimbursement of €1,650 per canceled Exchange (or €4,125 per Exchange for HomeExchange Collection services);

• If the Exchange was to take place in a declared emergency zone (such as public health emergencies or epidemics), an area affected by ongoing military actions or other hostilities, or an area affected by a natural disaster (earthquake, hurricane, flood, etc.);
• If the cancellation of the Exchange results from a force majeure event;
• Or if the cancellation of the Exchange by the Hosting Member is justified by inappropriate behavior, non-compliance with the agreed conditions of the Exchange, or a violation of the Code of Conduct and these Terms by the Guest Member.
  1.5. Protection of Members in Case of Cancellation by HomeExchange

• Absence of electricity;
• Absence of running water;
• Absence of hot water;
• Absence of a refrigerator or malfunctioning refrigerator;
• Absence of functional cooking elements (oven, stove, or microwave);
• Significant presence of pests (rats, cockroaches, etc.);
• Absence of toilets (or non-functional toilets);
• Absence of a bathtub or functional shower;
• Inability to close a ground-floor door or window leading to a public space (street, courtyard);
• Faulty roof causing inadequate protection of the interior of the Property from rain; or
• Sleeping capacity less than the number of people declared in the Exchange.

2. When it has been expressly stated that the element would be provided:

• Heating in occupied rooms unable to maintain a temperature above 19°C;
• Air conditioning in rooms unable to maintain a temperature below 35°C;
• Swimming impossible in indoor or outdoor pool during the designated season (lack of water or water quality issues);
• Absence of Wi-Fi or Wi-Fi out of service;
• Declared access for disabled persons not provided for one of the following rooms: bedroom, kitchen, bathroom, toilet, living room; or
• Absence of an elevator or elevator out of service if the Property is located above the 3rd level of the building.

• Either relocation costs for a period equivalent to the planned Exchange, upon presentation of relocation invoices for the same dates as the canceled Exchange, up to €110/night (or €275/night for HomeExchange Collection services) and up to 15 nights, with a maximum reimbursement of €1,650 per canceled Exchange (or €4,125 per Exchange for HomeExchange Collection services);
• Or travel costs for a canceled trip, upon presentation of invoices and cancellation and non-refund documentation, up to €110/night (or €275/night for HomeExchange Collection services), and up to 15 nights, with a maximum reimbursement of €1,650 per canceled Exchange (or €4,125 per Exchange for HomeExchange Collection services).
  1.7. Ratings, Responses, and Reviews

2. Electronic Messaging Service

3. Automated Verification Service

4. Deposit Management

• €500 for HomeExchange Members;
• €2,000 for HomeExchange Collection Members when the Exchange is made with another Member of the Collection community.

5. 24/7 Personalized Assistance

6. HomeExchange Free Guarantee

7. HomeExchange Collection

• A luxurious new Platform design, accessible only to HomeExchange Collection Members,
• The possibility to only be contacted by other HomeExchange Collection Members,
• A filter to find other luxury homes within the community,
• A dedicated Member support team via phone or email,
• More personalized service quality,
• Strengthened guarantees for matching the lifestyle and travel expectations of Members,
• A professional photo retouching service offered during the first year of Membership,
• An enhanced commercial guarantee in case of damages, theft, or other losses incurred by the Hosting Member.

Duration of Membership

Membership Fees

Taxes and Fees

Payment of Membership

Membership Refund

1. Reviews the situation in detail,
2. Determines if the Content violates the Agreement or the law,
3. Sends a response to the Member or Registrant who reported the Content.

• A warning sent to the reported Member or Registrant to remind them of the obligation to comply with applicable laws or these Terms;
• Removal of abusive Content (message, image, Listing text);
• Temporary or permanent removal of the Listing;
• Suspension or deletion of the Account in case of severe abuse or repeated violations;
• Cancellation of upcoming Exchanges;
• Reporting the Content to the competent authorities.

• Either by mail to: SAS Médiation Solution - 222 chemin de la bergerie 01800 SAINT JEAN DE NIOST
• Or by email to: contact@sasmediationsolution-conso.fr
• Or by filling out the online form titled "Saisir le médiateur" on the website www.sasmediationsolution-conso.fr

• The Member or Registrant's postal, telephone, and email contact details,
• The name, address, and registration number of HomeExchange with SAS Médiation Solution,
• A brief description of the facts,
• A copy of the prior complaint,
• Any documents supporting the request (order form, invoice, payment proof, etc.).

• You are only permitted to use the Platform if you are at least eighteen (18) years of age and capable of entering into legally binding contracts. By accessing the Platform, you represent and warrant that you are eighteen (18) years of age or older and are capable of entering into legally binding contracts.
• We operate in most countries, but not all, so certain restrictions may apply to our ability to offer you our services through the Platform and your ability to use the same.
• You represent and warrant that (i) you are not located in, nor a citizen of, any country or jurisdiction subject to an embargo or government sanctions, or that has been designated as a state sponsor of terrorism by the US government, and that (ii) you are not, and have never been, included on any list of prohibited, sanctioned, or restricted parties maintained by the US government, including the Specially Designated Nationals and Blocked Persons List maintained by the US Department of the Treasury.
• Your decision to host, exchange, and travel is yours alone. Government agencies, such as the US Department of State, may issue travel advisories for certain countries or regions of the world regarding safety, crime, and other dangers that may pose a risk to visitors of the area. You are solely responsible for consulting these resources before travelling.
• You are solely responsible for determining the laws, rules, or regulations that apply to you and for ensuring that you understand and comply with those rules in connection with offering your Accommodation for an Exchange, including whether licenses, permits, or other registrations are required before entering into an Exchange. HomeExchange does not provide legal advice, so please seek independent legal advice if you have any questions about compliance.
• Similarly, it is the sole responsibility of Host Members to provide and communicate to Guest Members all information necessary or desired for the proper use of the Accommodation and all devices, features, and equipment included therein (e.g., swimming pools, lights, and HVAC systems).

• “Accommodation” means any permanent residential property (excluding, among other things, motorhomes, boats, mobile homes and other non-permanent residential structures) that a Member has the legal and/or contractual right to offer via the Platform.
• “Account” refers to the account that must be created to enable an individual to access the Services offered by the Platform.
• “Code of Conduct” means the set of rules of good conduct and behavior expected of members of the HomeExchange community before, during, and after an Exchange.
• “Collection Accommodation” means a unique Accommodation carefully selected by HomeExchange based on a list of predefined criteria in Section IV, point 7.
• “Collection Member” refers to a Member who has subscribed to the HomeExchange Collection Services and who enjoys unlimited Exchanges for Collection Accommodations during the 12-month validity period of the Collection Membership.
• “Collection Membership” means a Collection Member's subscription to the HomeExchange Collection Services for a period of twelve (12) months in exchange for the payment of the Collection Membership price.
• “Exchange” means an exchange of Accommodations agreed between a Host Member and a Guest Member. Exchanges may be: (i) simultaneous with another Exchange of Accommodation agreed by the same Guest Member and the same Host Member, under which the Guest Member also lends their Accommodation to the Host Member while simultaneously staying at the Host Member’s Accommodation, (ii) non-simultaneous reciprocal exchange of Accommodations agreed between two Members, or (iii) a unilateral Exchange for GuestPoints, independent of any other Exchange.
• “Force Majeure Event” means any event or circumstance beyond the reasonable control of the affected party which prevents or delays the performance of its obligations under these Terms, and which: (a) was not reasonably foreseeable at the date when it occurred and (b) could not have been avoided or overcome by the affected party acting reasonably. Without prejudice to the generality of clause this definition, Force Majeure Events include (but are not limited to): (a) acts of God, flood, drought, earthquake, storm, lightning, fire or explosion; (b) epidemic, pandemic or other widespread outbreak of infectious disease; (c) war, threat of war, armed conflict, invasion, terrorism, civil war, civil commotion or riots; (d) nuclear, chemical or biological contamination; (e) acts of any governmental or other competent authority, including but not limited to imposition of export or import restrictions, embargoes, sanctions, expropriation or nationalisation; (f) general labour disputes affecting the industry as a whole (but excluding strikes or other industrial action specific to the affected party or its direct contractors).
• “Guest Member” refers to a Member who enters into an Exchange with a Host Member.
• “GuestPoints” (also referred to as “GP” throughout the Platform) refers to the points accumulated by Members, the functioning of which is described in more detail in Section IV “HomeExchange Services” point 1.2 “GuestPoints.”
• “HomeExchange Collection Services” means the services provided by HomeExchange to Collection Members as described in Section IV.
• “HomeExchange Services” means the services provided by HomeExchange to Members as described in Section IV.
• “Host Member” refers to a Member who offers their Accommodation as part of an Exchange.
• “Listing” means the posted offering of an Accommodation on the Platform by a Member or Registered User, including all associated descriptions, images, details provided, and any User Content used on the Listing. Each listing has a unique identification number on the Platform.
• “Member” refers to a Registered User who has purchased a Membership to the HomeExchange Services and who benefits from unlimited access to Exchanges during the 12-month validity period of the Membership.
• “Membership” means a Member's subscription to the HomeExchange Services for a period of twelve (12) months in exchange for the payment of the Membership price.
• “Platform” refers to the website www.homeexchange.com and any HomeExchange Application for mobile phones, tablets, and other personal devices.
• “Registered User” refers to any person who registers for an Account on the Platform.
• “Security Deposit” means the security deposit, as described in more detail in Section IV “HomeExchange Services”, point 4 “Management of Security Deposits.”
• “UK Consumer” means a visitor to the Platform, a Registered User, or a Member who accesses the Platform, or uses the Platform and the offered services in any way who is a resident in United Kingdom.
• “User Content” refers to the information provided by the Host Member in their Listing.
• “Verified Account” means a Registered User’s or Member’s account on which the identity (first and last name), email address, phone number, and Accommodation address have been confirmed by HomeExchange through its automated verification service.
• “We,” “our,” “ours” and “HomeExchange” refer to HomeExchange.com Inc. or any company within the HomeExchange group.
• “You,” “your,” and “yours” refer to you, as a visitor of the Platform, a Registered User, UK Consumer or a Member who accesses the Platform, or uses the Platform and the offered services in any way.

• Not to provide false or misleading information when registering for an Account or to any Registered User, Member, or HomeExchange.
• Not to create multiple Accounts or fake Accounts.
• Not to post on the Platform, or transmit to others through the Platform, any material or communication that is defamatory, inaccurate, abusive, obscene, vulgar, offensive, sexual, threatening, harassing, racist, discriminatory or illegal, or any material that infringes or violates the rights of another party (including, but not limited to, intellectual property rights and rights to privacy and publicity).
• Not to use the Platform to violate any applicable law, discriminate against another Member, Registered User, or third party, engage or participate in fraudulent transactions, publish or send any content or engage in any conduct that exposes a Registered User, a Member, or HomeExchange to any liability.
• Not to upload or transmit through the Platform files containing viruses, corrupted files, Trojan horses, malicious codes, or any other similar software or programs that may harm HomeExchange, the operation of another person’s computer, or gain unauthorized access to that computer.
• Not to accept payment from a third party in exchange for conducting commercial activity on the Platform in violation of these Terms without the express authorization of HomeExchange.
• Not to allow anyone to use your Account, except as expressly provided herein.
• Not to interfere with another Member's or Registered User's Account, circumvent measures designed to prevent or restrict access to the Platform, or use indexing robots, other robots, or “scrapers,” to collect content from the Platform, other Members, and Registered Users.
• Not to collect, obtain, or use in any way information about other people, including email addresses, without their consent.
• Not to offer Accommodations to Members or Registered Users for rent.
• Not to exchange an Accommodation with a Member or a Registered User outside the Platform.

• You assume full responsibility for your use of any information published on the Platform.
• You have the right to publish a Listing and offer your Accommodation for Exchange.
• You are solely responsible for your communications and interactions with other Members or Registered Users.
• If you believe in good faith that a Member or Registered User is violating these Terms or has acted inappropriately or illegally, you must immediately report that Member or Registered User to HomeExchange and, if necessary, to the competent legal authorities. However, no report made to HomeExchange and/or the legal authorities obliges HomeExchange to act in any particular way, unless required by law.

1. CREATING AN ACCOUNT

2. ACCOUNT VERIFICATION

3. ANTI-DISCRIMINATION POLICY

4. LISTINGS

• Any User Content included in the Listing;
• The description, location, and dates of availability of the Accommodation;
• Necessary and essential information about the Accommodation and its authorized use by the Guest Member, its features, and amenities (e.g., swimming pools, lighting and HVAC systems, security devices, etc.)

5. CLOSING AN ACCOUNT

• restrict that Member's or Registered User's access to the Platform;
• suspend that Member's or Registered User's access to the Platform
• remove any User Content published on the Platform; or
• close an Account;
• cancel upcoming Exchanges;
• report the relevant incident to the competent authorities.

• access to the Platform enabling Members to carry out Exchanges (see point 1 below),
• access to the HomeExchange electronic messaging service (see point 2 below),
• the automated verification service prior to the conclusion of an Exchange (see point 3 below), and
• security deposit management (see point 4 below) and
• email and/or chatbot assistance in emergency situations 24 hours a day, 7 days a week (see point 5 below).

1. ACCESS TO THE PLATFORM

1.2. GuestPoints

1.3 Protection for the Host Member in the event of cancellation by the Guest Member

1.4 Protection for the Guest Member in the event of cancellation by the Host Member

• For all Accommodations: Sleeping capacity corresponding to the number of guests disclosed in the Exchange; Hot and cold water supply; Electricity supply; Refrigerator; Bathroom; and Cooking unit (oven, stove, or microwave)
• Where it has been expressly stated: The alternative Accommodation will have a swimming pool; Internet connection; Access for disabled people.
• Location: The alternative Accommodation must be located within 50 km of the original Accommodation. The alternative Accommodation must be located within 5 km of a coastal beach if the original Accommodation was located within 5 km of a coastal beach.

1. Alternative Accommodation Costs: up to a limit of 15 nights at $120 USD/night (or $350 USD/night if the relevant Accommodation was a Collection Accommodation) or a maximum of $1,800 USD per cancelled Exchange (or $5,250 USD if the relevant Accommodation was a Collection Accommodation); or
2. Travel Expenses: up to a limit of 15 nights at $120 USD/night (or $350 USD/night if the relevant Accommodation was a Collection Accommodation) or a maximum of $1,800 USD per cancelled Exchange (or $5,250 USD if the relevant Accommodation was a Collection Accommodation).

1.5 Protection of Members in the event of cancellation of an Exchange by HomeExchange

1.6 Protection of Guest Members in the event of inadequate or incorrect Accommodation

• There is no electricity, running water, or hot water;
• There is no functioning refrigerator or cooking appliances;
• There is a significant presence of pests;
• There is no functioning toilet, bathtub, or shower;
• A ground floor door/window cannot be closed;
• The roof is defective;
• The sleeping capacity is lower than declared.

• Living area heating < 19°C; Air conditioning > 35°C;
• Swimming is impossible during pool season;
• No functioning Wi-Fi or lack of transparency regarding accessibility;
• No functioning elevator if located above the 3rd floor.

1.7 Reviews, ratings, and responses

2. ELECTRONIC MESSAGING SERVICE

3. AUTOMATED VERIFICATION SERVICE

4. SECURITY DEPOSIT MANAGEMENT

• Amount: $500 USD for Members; $2,500 USD for Collection Members.
• Authorization: The Security Deposit is pre-authorized on the Guest Member's credit card at the time of payment for the relevant membership.
• Claims: Host Members must file a claim within ten (10) calendar days of the last day of the stay via the Contact form.
• Disputes: If parties cannot agree, HomeExchange will hold the amount in escrow for up to one year or until a legal action has been initiated.

5. 24/7 EMAIL AND CHATBOT ASSISTANCE

6. HOMEEXCHANGE'S COMMERCIAL INDEMNITY

7. HOMEEXCHANGE COLLECTION

• Benefits: Luxury platform design, fast support, professional photo retouching, and Enhanced Commercial Indemnity.
• Qualification: Based on design, architecture, and amenities. List status is at HomeExchange's sole discretion.

1. MEMBERSHIP TERM

2. MEMBERSHIP PRICE

3. TAXES AND FEES

4. MEMBERSHIP PAYMENT

5. MEMBERSHIP REFUND

1. USER CONTENT

2. PLATFORM CONTENT

3. COPYRIGHT POLICY

DISPUTES WITH THIRD PARTIES

ARBITRATION AGREEMENT

WAIVER OF JURY TRIAL

NO CLASS ACTIONS

• APPLICABLE LAW: Governed by the laws of the State of New York, United States.
• SEVERABILITY: If any part of these Terms is unlawful or invalid, that part shall be deemed not to be part of the Terms; the remainder remains in effect.
• ASSIGNMENT: HomeExchange may assign its rights without your consent.
• LANGUAGE: English version prevails in the event of discrepancy.