general conditions
revision 1.7 (April-2019)
1. Definitions.| - | 2ndhomeswap: organization registered with the Chamber of Commerce in Hilversum under the trade name Tweedehuisjeruil. |
| - | Website: the program and the website of www.2dehuisjeruil.com. |
| - | Admin: authorized person or persons who manage and modify the Website. |
| - | Owner: legitimate Owner of a holiday home. |
| - | 2ndhome: holiday home that the Owner offers to swap via the Website. |
| - | Member: Owner of a 2ndhome who has registered on the Website and who meets all the conditions for swapping 2ndhomes. |
| - | Swap2ndhome: the holiday home with which a Member enters into a swap. |
| - | SwapOPTIE: Member's request to swap with a Swap2ndhome. |
| - | SwapDEAL: agreement between two Members to swap 2ndhomes simultaneously. |
| - | Swapperiod: period in which 2ndhomes are swapped. |
| - | User: member of the party that uses a Swap2ndhome. |
| - | Privacy Declaration: description of use and processing of personal data in accordance with the General Data Protection Regulation (AVG). |
| - | General Conditions: the conditions under which a Member participates in a 2ndhomeswap as described below. |
2. Starting points
For a SwapDEAL it is assumed that 2ndhomes are swapped simultaneously. No financial reimbursement will be applicable for swapping 2ndhomes between two (2) Members.
3. 2ndhomes.
In principle, each holiday home can be registered as a 2ndhome. The Management of 2ndhome reserves the right to refuse a 2ndhome if the quality of the home is inadequate or in doubt. Mobile holiday accommodations, such as boats, caravans (including mobile homes) and motorhomes are not accepted as 2ndhomes and are not allowed to be registered on the website.
4. Members.
Only Owners of a 2ndhome which is located in a country determined by the Management, can become a Member of the Website. A Membert must be at least 16 years old. Only one (1) 2ndhome can be registered per Member.
By applying for registration at 2ndhomeswap, the Owner acknowledges having read and accepted the General Terms and Conditions.
5. Access to the Website.
Members have full access to the Website, can select a Swap2ndhome via the Website and can enter into agreements about a possible RuilDEAL. Not logged in visitors to the Website have limited access to the public part of the Website only.
6. Location 2ndhomes.
In the first instance, the Website will be limited to swapping 2ndhomes in the Netherlands only. Depending on future developments, the number of countries where 2ndhomes can be swapped mau be expanded. The location of 2ndhomes is shown on the Website.
7. Contribution membership.
To cover the costs of setting up and managing the Website, a nominal contribution of € 15.00 (including VAT) per calendar year is applicable (unless Member is eligible for promotional discount). Contribution for membership of the Website is valid from January 1 to December 31 of each calendar year and is payable on January 1 of the relevant calendar year. No costs are charged for the swap itself.
The Management reserves the right to change the contribution. Members are informed on the Website in advance about a possible contribution change.
8. Register and cancel membership.
An Owner of a 2ndhome can register on the Website by filling in and sending a registration form. Access to the Website will be granted after approval of the relevant registration by the Management.
Cancellation of the membership can take place at any time during the year. There is no refund of paid contribution for the calendar year in which the membership of the Website is canceled.
9. Payment of contribution due.
After processing the registration and at the beginning of each calendar year, the Member will be informed by e-mail about the payment of the contribution due. The payment term is fourteen (14) days and invoices can be downloaded via the Website. If no payment has been received after the payment term has expired the Member will be reminded once by e-mail of the outstanding payment. The Member's access to the Website will be blocked if no payment has been received within fourteen (14) days after the date of the reminder.
10. Description and details 2ndhome.
Members must upload a description, photos and further details of their 2ndhome to the Website. At least the short header description and the first photo must be uploaded within one (1) month after registration. If this information is not received in time, the Membert concerned will be reminded by e-mail. If within one (1) month after this reminder no information has been received, access to the Website will be blocked until further notice and the 2ndhome in question will no longer be shown on the Website.
Limitations on the length of texts and the number and size of photos are mentioned on the relevant pages of the upload section. Each Member is responsible for the accuracy of information provided by the Member.
11. Availability 2ndhome.
A Member can specify during which period (s) the 2ndhome in question is not available for swapping. Information about the availability of a 2ndhome is only accessible to logged in Members.
12. SwapOPTION.
A Member can indicate an interest in swapping his 2ndhome by taking a swapOPTION when both involved 2ndhomes are available. The period of a SwapOPTION covers a minimum of 7 and a maximum of 28 days. The Owner of the Swap2ndhome is informed by e-mail about a requested SwapOPTION and can accept the SwapOPTION or not. Until a Swap Option is possibly accepted by the Owner of the Swap2ndhome, both Members can make further contact via the Website to exchange information or can cancel the SwapOPTION. The information exchanged via the Website can only be viewed by both involved Members.
During the swap period of one or more SwapOPTIONS, the 2ndhomes in question are not available for a SwapOPTION requested by another Member. If within 4 weeks after the date of a request the SwapOPtion has not yet been accepted or canceled, the relevant SwapOPTION will be automatically removed from the Website file.
13. SwapDEAL.
If a SwapOPTION has been accepted by the participating Owner of the Swap2ndhome, the status of the swap will be transferred to SwapDEAL and the name and e-mail address of the Owners together with the address of the Swap2ndhomes involved in the RuilDEAL are shown to the respective Members via the Website. If so desired, after closing of the SwapDEAL direct contact between the respective Members can be continue outside the Website.
An agreed SwapDEAL can not be changed on the Website. In addition, both 2ndhomes are not available for any SwapOPTION by other Members during the relevant swap period. A RuilDEAL is considered binding and can only be changed or canceled by one or both of the Members in mutual consultation.
14. Guestbook.
For up to four (4) weeks after the end of a SwapDEAL, each of the Members involved may fill-in the guestbook of the other Member in order to share the experience of the SwapDEAL with other Members. This applies both to experience with the Swap2ndhome itself and to the experience with the use of the Member's own 2ndhome by the other Member. A Member who places experience information in the guestbook of another Member is responsible for the text and the accuracy thereof. Once the text is entered in the guestbook, this text can no longer be changed en will be stored in the data file of the Website. The guestbook of 2ndhomes is only visible to logged in Members.
15. Responsibility for the use of the Swap2ndhome.
Members who have entered into the SwapDEAL are personally responsible for the use of the relevant Swap2ndhome. The Members concerned must in any case be present in person as a User during the whole of the swap period. In the event that several Users (within the total of permitted persons) use a Swap2ndhome, the Members who entered into the SwapDEAL are themselves responsible and liable for the proper use of the Swap2ndhome and for any damage that occurred during the SwapDEAL, regardless of which User has caused the damage.
Under no circumstances is 2ndhomeswap, the Website or the Management of the Website responsible or liable for any form of damage that has arisen as a result of a 2ndhome SwapDEAL made via the website.
16. Terms of use for Swap2ndhomes.
For the use of a Ruil2dehuisje, Users must comply with the rules that have been agreed with the participating Owner of the Swap2ndhome or may have been left behind in the Swap2ndhome. Any damage caused by a User to the Swap2ndhome or to the inventory must be repaired or reimbursed to the Owner of the relelant Swap2ndhome. The Swap2ndhome must be left in its original condition and clean after the RuilDEAL.
17. Privacy Declaration.
Upon registration, Participant must also agree to the Privacy Statement. This Statement describes how the personal data of a Membert is used and processed. The Declaration can be viewed at the bottom of every page of the Website under the tab "privacy".
18. Change of terms and conditions.
The Management reserves the right to adjust the General Conditions for participating in 2ndhomeswap from time to time. Any material adjustment to the General Conditions will be posted on the Website for a period of at least four (4) weeks. Without notice to the contrary, it is assumed that every Member will be informed after this notice and has accepted the amended General Conditions.
19. Conflict.
In the event of a conflict between Owners as a result of a SwapOPTION or SwapDEAL via the Website, information about address details of the Owner(s) concerned or other information provided by the respective Owner(s) can be made available by the Management of the Website at the request of one or both of the Owners or their legal Representatives. The Management of the Website is excluded from further involvement in any conflict.
In the event of a conflict, owners must act in direct contact without any form of liability or involvement of 2ndhomeswap, the Website or the Management of the Website.
20. Closing the Website.
The Management of the Website reserves the right to close the Website without giving a reason and without refund to Members of any outstanding contribution at the time of closure.
21. Applicable law.
In the event of a legal dispute between Owners as a result of a SwapOPTION or SwapDEAL via the Website or between an Owner or several Owners and 2ndhomeswap, the Management or the rightful owner(s) of 2ndhomeswap, Dutch law will be applicable.
Translations of the General Conditions have been made for the different languages ??of the Website. In the event of a conflict between texts in different languages, the Dutch text will prevail.
22. Disclaimer.
Under no circumstances is 2ndhomeswap, the Management or the rightful owner(s) of 2ndhomeswap responsible or liable for any damage, financial, material or otherwise, that arose through the swap of 2ndhomes via the Website or due to any other cause with regard to membership or use of the Website.