The following definitions will apply to these conditions :
“Contents” means household goods, art, antiques, collectables, jewellery, gemstones, watches, furs, guns, clothing and other personal property that belongs to a Host Member at a Residence (and, in the case of jewellery, gemstones, watches, fur and guns, which are kept in a locked safe inaccessible to Guest Members or occupants), but does not include cash, bank and currency notes, cheques, credit cards, postal orders, travelers’ cheques, money orders, crossed bankers drafts, current postage stamps, National Savings Stamps and Certificates, National Insurance Stamps, gift tokens, customer redemption vouchers, travel tickets, luncheon vouchers, animals, plants, trees, hedges or buildings.
“Maximum Sum” means £1,000,000.
"Property Damage” means the damage to any permanent building, including fixtures and fittings, within the Host Member’s Residence caused by accidental or maliciously harmful actions or inactions of a Guest Member or occupants of the Residence during an Exchange.
Any other defined terms used in those conditions shall have the meaning given to them in the Terms of Use, which can be located here.
It is important to note that no payments by HomeExchange under these guarantees whether to a Host Member or a Guest Member shall release, reduce or waive any liability of a Member for any damage or injury caused by that Member or any other person, or for which a Member is responsible.
It is also important to note that, in addition to any specific exclusion in each section of these guarantees, HomeExchange’s liability to make any payment is subject to the general exclusions at section (xii) below.
HomeExchange’s total liability under sections (ii), (iii) and (iv) shall not in any circumstances exceed the Maximum Sum.
In relation to Property Damage, HomeExchange shall pay:
(a) the cost of rebuilding or repairing the buildings to a condition equal to but not better or more extensive than their condition when new.
(b) the following necessary and reasonable costs and expenses incurred in rebuilding or repairing following guest damage insured by this section:
(i) the cost of removing debris of the buildings from the premises or the area immediately adjacent;
(ii) the cost of dismantling, demolishing, shoring up or propping up any part of the buildings;
(iii) the cost of complying with any statutory or local authority requirement regarding the damaged part of the buildings, unless notice of such requirement was served before the guest damage and provided the buildings were originally built according to any government and local authority regulations in force at that time;
(iv) the fees of architects, surveyors or consulting engineers; and
(v) adjusters fees and expenses,
up to the lesser of the amount of the Host Member’s home insurance at the Residence and the Maximum Sum.
Compensation for Property Damage shall not include:
(a) alternative accommodation for the Guest Member or an occupant; or
(b) any resulting loss of use of the Residence by a Guest Member or an occupant.
The Host Member shall receive compensation provided he or she declares the damage within 10 days after the departure of the Guest Member to HomeExchange and provided he or she presents the following items to HomeExchange:
Compensation will only be paid following our receipt from the Host Member of satisfactory evidence of the applicable limit of the underlying insurance.
The Host Member agrees to secure this property prior to the exchange and is fully responsible for it.
Following Property Damage, damage to Contents, if the Host Member’s Residence is rendered uninhabitable, we will also pay the Host Member’s suitable and equivalent alternative accommodation costs for a period of up to 6 months.
In the event of damage to Contents caused by accidental or maliciously harmful actions or inactions of a Guest Member or occupant, HomeExchange will, at its option, pay to the Host Member the cost of replacement or repair of, or make a cash settlement for lost or damaged Contents after making an allowance for depreciation up to the lesser of the amount of the Host Member’s Contents insurance at the Residence and £100,000. However, the maximum amount of reimbursement in the event of damage to Content shall not exceed the value of the Contents declared under the insurance for the Residence of the Host Member.
Compensation will only be paid following our receipt from the Host Member of satisfactory evidence of the applicable limit of the underlying insurance.
In the event of Property Damage or damage to Contents caused by theft or attempted theft caused or enabled by actions or inactions of a Guest Member or occupant in the Host Member's home, the damage suffered shall be reimbursed by HomeExchange up to the Maximum Sum under the Property Damage cover or £100,000 under the damage to Contents cover (as applicable).
The maximum amount of reimbursement in the event of theft shall not exceed the value of the Contents declared under the insurance for the Contents or the Residence of the Host Member. The Host Member shall be entitled to compensation provided that he or she submits the following:
The Host Member agrees to secure this property prior to the exchange and is fully responsible for it.
In the event of accidental damage covered under those guarantees, the Guest Member shall remain liable for a deductible, which will be deducted from the Deposit.
The amount of the deductible is a one-time amount and is set at [€100] per damage.
In the event of wilful property damage or damage caused by abnormal behaviour on the part of the Guest Member or the occupants, and not respecting the lifestyle rules specified by the Host Member before the exchange, an amount up to the cost of the damage caused will be deducted from the Deposit. If the damages exceed the amount of the Deposit, the Deposit will be fully debited, and the Guest Member will remain liable for the balance to HomeExchange. Damage suffered by the Host Member will be processed in accordance with the property damage cover.
In the event of cancellation by the Host Member, and if HomeExchange is unable to find a replacement Residence whose basic amenities (see (x)) are equivalent to those of the cancelled Exchange, the Guest Member shall be entitled to:
For example, if the cancelled Exchange was for four nights, the Guest Member will be entitled to a maximum refund of 400€ for its emergency accommodation costs.
In the event of a substandard or inaccurate Residence, and if HomeExchange is unable to find a replacement Residence whose basic amenities (see (x)) are equivalent to those of the cancelled Exchange, the Guest Member shall be entitled to:
For example, if the cancelled Exchange was for four nights, the Guest Member will be entitled to a maximum refund of €400 for such non-refundable transport tickets.
A Residence is considered substandard or inaccurate when it has any of the following characteristics, but otherwise meets the Listing’s criteria. The Guest Member shall not be entitled to any compensation if they choose not to stay in a Residence that meets all required criteria.
1) for any Residence:
2) when expressly indicated that it would be provided:
The basic amenities of a replacement Residence are as follows:
1) for any offer:
2) when expressly indicated that it would be provided:
3) Location:
Furthermore, the replacement Residence must be located in the same urban area if the Residence was located in a city center, less than 5 km from a beach if the Residence was located less than 5 km from a beach, and less than 50 km from the original Residence for other cases.
HomeExchange shall compensate the Host Member for its legal liability as occupier and owner of the Residence to pay damages and costs to others which arise from any single event occurring during an Exchange which results in:
(a) accidental death, disease, illness or accidental physical injury to a Guest Member or occupier;
(b) damages caused by a Guest Member or occupier to adjacent third-party properties,
up to the Maximum Sum plus defence costs agreed by HomeExchange in writing.
Compensation shall not be paid to the Host Member for
(a) anything owned by or that is the legal responsibility of the Host Member;
(b) injury, death, disease or illness to the Host Member or its representative;
(c) liability arising from any employment, trade, profession or business of the Host Member other than as occupier or owner of the Residence;
(d) liability arising from the Host Member passing on any disease or virus;
(e) liability arising from the ownership or use of any motor vehicle, whether licensed for road use or not;
(f) liability accepted by the Host Member under any agreement, unless the liability would exist without the agreement; or
(g) liability covered by any other contract.
HomeExchange shall not make any payment to a Host Member or Guest Member under these guarantees in respect of any:
(a) loss or damage which occurred before the Residence was the subject of the most recent Exchange;
(b) 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 which results from the burning of nuclear fuel, or the radioactive, toxic, explosive or other dangerous properties of nuclear machinery or any part of it;
(c) loss, damage, liability, cost or expense of any kind caused directly or indirectly by war, invasion or revolution;
(d) loss, damage, liability, cost or expense of any kind caused directly or indirectly by pressure waves from aircraft;
(e) 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 biological, chemical and/or nuclear force or contamination by any person(s), whether acting alone or on behalf of or in connection with any organisation(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government(s) or put any section of the public in fear;
(f) loss, damage, liability, cost or expense of any kind caused directly or indirectly by or resulting from wear and tear, viruses, disease, corrosion, rusting, damp, insects, vermin, fungus, condensation, fading, frost or anything which happens gradually, the process of cleaning, dyeing, repair, alteration, renovation or restoration;
(g) loss, damage, liability, cost or expense of any kind caused by or resulting from poor or faulty design, workmanship or materials;
(h) loss or damage caused as a result of the buildings being used by the Host Member for illegal activities;
(i) claim or expense of any kind directly or indirectly caused by or arising out of pollution or contamination;
(j) loss, damage, liability, cost or expense of any kind caused by rot;
(k) loss or damage caused to equipment by its failing correctly to recognise data representing a date in such a way that it does not work properly or at all, or by computer viruses.
(l) legal expenses, legal benefits and /or liability arising directly or indirectly from equipment failing correctly to recognise data representing a date in such a way that it does not work properly or at all or computer viruses. For the avoidance of doubt, any claim for legal expenses/benefits to pursue compensation for personal injury is not excluded.
For the purposes of (k) and (l) above:
HomeExchange will not be liable to make any payment under those guarantees offer which:
(a) would breach economic, financial or trade sanctions imposed under the law of the country in which this policy is issued or would otherwise provide cover; or
(b) would breach economic, financial or trade sanctions imposed by Canada, the European Union, United Kingdom or the United States of America.
Any Residence posted on the website is eligible for Property Damage cover unless it is located in a country that the UK Foreign and Commonwealth Office has determined is not suitable for travel.