HomeExchange offers, on a commercial basis and at its sole discretion, Subscribed Host Members a guarantee in the event of damage, theft or other loss caused by a Guest Member during his stay, under the conditions and limits described below.
This guarantee does not constitute an insurance policy and is not intended to replace the guarantees of the insurance contracts that Members must take out.
This guarantee is offered in order to assure Host Members of the seriousness and quality of the HomeExchange service.
In the event of compensation by HomeExchange under the conditions and limits provided for in its guarantee offer, HomeExchange will be subrogated to the rights of the Member to recover the amount paid from the person(s) responsible for the damage or from any person financially indebted for the compensation.
No payment made by HomeExchange under this guarantee shall constitute an exemption, reduction or cancellation of the liability of a Member for any damage or injury caused by such Member or any other person, or for which a Member is responsible.
Not with standing the guarantee offered by HomeExchange, the Host Member remains responsible for implementing reasonable measures to secure the Accommodation and the Contents during an Exchange (for example, placing valuable Contents in a locked and inaccessible safe, periodically changing the locks or codes of the Accommodation).
IN NO EVENT SHALL HOMEEXCHANGE'S TOTAL GUARANTEE UNDER THESE TERMS EXCEED THE MAXIMUM AMOUNT.
(a) The following definitions apply to these Terms:
"Goods" means either the Housing or the Content covered by this guarantee.
“Covered Damage” means: (1) Damage to Accommodation and (2) Damage to Content.
"Contents" means household items, works of art, antiques, collectibles, jewelry, gems, watches, furs, firearms, clothing, and other personal property generally used in a home and owned by a Host Member in Accommodation (but, in the case of jewelry, gems, watches, furs and firearms, only those properly stored in a locked safe inaccessible to Guest Members or occupants), but does not include cash, banknotes and currencies, checks, credit cards, money orders, travelers checks, bank orders, cross bank drafts, current postage stamps, national savings stamps and certificates, stamps national insurance, gift vouchers, vouchers, travel tickets, meal vouchers and food or drink, animals, plants, trees, hedges, vehicles of all kinds, boats and buildings.
“Damage to Content” means damage caused to any Content in the Host Member’s Accommodation by the accidental or malicious actions or inactions of a Guest Member or occupants of the Accommodation during an Exchange.
“Lodging Damage” means damage to any permanent building, including fixtures and fittings, in the Host Member’s listing by the accidental or malicious actions or inactions of a Guest Member or the occupants of the listing during an Exchange.
The “Maximum Sum” is:
$1,000,000 USD for Damage to Housing for Members Subscribing to the HomeExchange Service and $2,000,000 USD for Members Subscribing to the HomeExchange Collection Service.
$100,000 USD for Damage to Content of Subscriber Members, whether they have subscribed to the HomeExchange Service or HomeExchange Collection.
All other defined terms used in these Terms have the meanings given to them in the Terms of Service, which you can view here
Where applicable, paid invoices for the replacement of stolen Content.
If the Host Member does not have all the required supporting documents within the ten-day period (for example, if he is awaiting a repair estimate), he must request an additional period of time from HomeExchange, which may in no case exceed thirty (30) days from the last day of the Guest Member's stay. Any notice of damage, theft or loss, or presentation of any supporting evidence thereof, provided outside of this thirty day period will be denied.
The Host Member also undertakes to declare and send to HomeExchange any proof of compensation for the Damage Covered by any other means: compensation by an insurance policy, by direct settlement of the author of the damage and/or the Member Guest.
Compensation will only be paid upon receipt from the Host Member of satisfactory proof of the applicable limit of its insurance policy.
With respect to Lodging damages, HomeExchange will, at its sole discretion, pay:
(a) the cost of rebuilding or repairing the buildings to a condition equal to new, but not better or more extensive;
(b) the following necessary and reasonable costs and expenses incurred in rebuilding or repairing damage caused by a guest(s) insured under this section:
up to the lesser of the amount of the Host Member's applicable insurance on or in the Accommodation and the Maximum Sum.
If the Host Member's Accommodation is rendered uninhabitable by a Covered Damage, we will also participate to pay the Host Member's appropriate and equivalent alternative accommodation costs for a period of up to 6 months, the aggregate compensation not in any event exceeding the guarantee limit mentioned above.
Compensation for Damage to Accommodation does not include: alternative accommodation for the Guest Member or other permitted occupant; neither any loss of use of the Accommodation by a Guest Member or other authorized occupant.
In the event of Damage to Content, HomeExchange will pay to the Host Member, at its sole discretion, the cost of replacing or repairing the Content, or compensate it for lost or damaged Content, after taking into account the depreciation of the Content and its real value, within the limit of the lesser amount between the amount of the applicable insurance of the Host Member on the Contents and the maximum sum of $100,000 USD.
In any event, the maximum amount of reimbursement in the event of Damage to Content may not exceed the value of the Content declared under the Host Member's Content and/or Accommodation insurance.
Any compensation will only be paid after receipt from the Host Member of the current insurance certificate specifying the maximum amount of the guarantee covered by the Host Member's insurance company.
The amount of the Deposit payable by the Guest Member will be systematically deducted from the compensation as a deductible.
If the Damage(s) exceeds the amount of the Deposit, the Deposit will be fully debited and the Invited Member will remain liable for the balance of the compensation to HomeExchange.
In the event of compensation by HomeExchange under the conditions and limits provided for in its guarantee offer, HomeExchange shall be subrogated to the rights of the Member to recover the amount paid from the Invited Member, any other perpetrators of the damage or any person financially indebted to compensation.
The indemnified Host Member undertakes to collaborate with HomeExchange to enable it to carry out the necessary recourse actions (transmission of any document requested, possible testimony in court, etc.).
HomeExchange will not make any payments under these Warranty Terms with respect to:
(a) Loss or damage that occurred before the Accommodation was the subject of the most recent Exchange;
(b) Loss or damage caused after the expiry of the term of the Exchange concluded via the Site;
(c) Loss, damage, liability, cost or expense of any kind caused directly or indirectly by ionizing radiation or radioactive contamination from any nuclear fuel or waste resulting from the combustion of nuclear fuel, or by the radioactive properties, toxic, explosive or other hazardous properties of nuclear machinery or any part thereof;
(d) Loss, damage, liability, cost or expense of any kind caused directly or indirectly by war, invasion or revolution;
(e) loss, damage, liability, cost or expense of any kind caused directly or indirectly by aircraft pressure waves;
(f) Any loss, damage, liability, cost or expense of any kind directly or indirectly caused by, resulting from or in connection with any act of terrorism. For the purposes of this exclusion, "terrorism" means the use or threat of use of force or biological, chemical and/or nuclear contamination by any person, whether acting alone or on behalf of of or in connection with any organization or government, for any political, religious, ideological or similar purpose, including the intent to influence any government or to instill fear in any part of the public;
(g) Loss, damage, liability, cost or expense of any kind caused directly or indirectly by or resulting from wear and tear, virus, disease, corrosion, rust, moisture, insects, from vermin, fungus, condensation, discoloration, freezing or anything that happens gradually, from the process of cleaning, dyeing, repairing, altering, remodeling or restoring , natural disasters;
(h) Loss, damage, liability, cost or expense of any kind caused by or resulting from poor or defective design, workmanship or materials;
(i) Loss or damage caused by the Host Member's use of the Accommodation for illegal activities;
(j) Any claim or expense of any kind directly or indirectly caused by or arising out of any pollution or contamination;
(k) Loss, damage, liability, cost or expense of any kind caused by rot;
(l) The accidental death, sickness or accidental physical injury of a Host Member, Guest Member or occupant (unless caused directly by the negligence or more culpable conduct of HomeExchange );
(m) Damage caused by a Guest Member or occupier to adjacent third party properties;
(n) Loss or damage to equipment caused by its inability to correctly recognize data representing a date in such a way as to hinder or prevent its operation, or by computer viruses.
() Legal costs, legal benefits and/or liability arising directly or indirectly from the failure of the equipment to correctly recognize data representing a date in such a way as to hinder or prevent its operation, or from computer viruses . For the avoidance of doubt, claims for court costs/legal benefits to obtain compensation for personal injury are not excluded.
For the purposes of (m) and (n) above: Equipment includes computers and anything with an electronic chip.
Computers include hardware, software, data, electronic data processing equipment and other computer and electronic equipment related to a computer.
Microchips include integrated circuits and microcontrollers.
Computer viruses include any program or software that interferes with or prevents the operation of any operating system, computer program or software.
HomeExchange will not make any payment under this guarantee offer, if the payment of the indemnity: would violate the economic, financial or commercial sanctions imposed by the law of the country in which the guarantee would be applied;
(y) Would violate any economic, financial or trade sanctions imposed by Canada, the European Union, the United Kingdom or the United States of America.
Any Accommodation listed on the Website is eligible for Damages coverage covered under these terms unless it is located in a country which the UK Foreign and Commonwealth Office has determined is not suitable for travel, or that the U.S. Department of State has designated as being under a Level 4 travel advisory (Do Not Travel).