​Welcome to Swapstay! These Terms of Service ("Terms") govern your access to and use of the Swapstay website, mobile applications, and all related services (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms, our Privacy Policy, and any other policies referenced herein. Please read them carefully.

Swapstay's Role: Swapstay (referred to as "we," "us," or "our") acts solely as an intermediary and platform provider that facilitates peer-to-peer home exchanges between our Members ("Hosts" and "Guests"). We do not own, manage, or control the properties listed on the Platform, nor are we a party to any direct exchange agreement between Members. Our role is to connect individuals seeking to swap homes and provide tools and services to facilitate these exchanges. [1, 2, 3, 4, 5, 6]

Definitions:

• Platform: Refers to the Swapstay website, mobile applications, and all related services.

• Member(s): Individuals who have successfully registered and been approved to use the Swapstay Platform, including Hosts and Guests.

• Host: A Member who offers their home for exchange on the Platform.

• Guest: A Member who stays in another Member's home through the Platform.

• Swap: A confirmed agreement between two Members to exchange homes, either simultaneously or non-simultaneously, for a specified period.

• Service Fee: A fee charged by Swapstay to cover operational costs and platform services. [7]

• Cleaning Fee: A fee paid by the Guest to cover professional cleaning services. [7]

• Property: Any residential property listed by a Host on the Platform for a Swap.

• User-Generated Content (UGC): Any content, including text, photos, videos, and reviews, that Members post, upload, or transmit to the Platform. [8]

Acceptance of Terms: By clicking "I agree," checking a box, or otherwise accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform. Your acceptance of these Terms is a distinct action and is not bundled with any other consents, such as for marketing communications. [9, 10, 1, 11, 12]

 

B. Membership and Account Management

 

1. Eligibility: To become a Swapstay Member, you must be at least 18 years old and have the legal capacity to enter into a binding contract. By using the Platform, you represent and warrant that you meet these eligibility requirements. [7]

2. Account Registration and Verification: To access certain features of the Platform, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. As part of our commitment to building a trusted community, we require all prospective Members to undergo an identity verification process. This may involve collecting government-issued identification and/or proof of address. We may also perform background checks and cross-validate provided data via third-party service providers, solely for the purposes of security, fraud prevention, and compliance with legal obligations, in strict adherence to our Privacy Policy. [13]

3. Account Security: You are solely responsible for maintaining the confidentiality of your account credentials (username and password) and for all activities that occur under your account. You agree to notify Swapstay immediately of any unauthorized use of your account or any other breach of security. Swapstay cannot and will not be liable for any loss or damage arising from your failure to comply with this section. [14, 15]

4. Member Code of Conduct: All Members are expected to adhere to a high standard of conduct, fostering a respectful, safe, and trustworthy community. You agree not to:

• Engage in any unlawful, harmful, offensive, sexually explicit, obscene, violent, threatening, harassing, abusive, or discriminatory behavior. [16, 17, 8, 18, 19, 20, 6, 21, 22]

• Misrepresent your identity, your Property, or any information provided on the Platform.

• Post or transmit any content that promotes self-harm, shows nudity, sells illegal products or services, or includes graphic violence. [8, 18]

• Infringe upon the intellectual property rights, privacy rights, or any other rights of Swapstay or any third party. [8, 20, 23]

• Transmit any worms, viruses, or any code of a destructive nature. [18, 20]

• Interfere with or disrupt the integrity or performance of the Platform or third-party data contained therein. [18]

• Use the Platform for any political or commercial purpose unrelated to home swapping. [19]

• Engage in any activity that violates any applicable local, national, or international laws or regulations. [20]

Violation of this Code of Conduct may result in the immediate suspension or termination of your account and access to the Platform, without refund of any fees paid. This Code of Conduct provides the legal basis for content moderation and account termination, in compliance with the Digital Services Act (DSA). [24, 25, 26, 8, 6]

 

C. Swapstay Service Description

 

1. Nature of Service: Swapstay is a platform that facilitates peer-to-peer home exchanges. For now, Swapstay exclusively supports direct 1:1 simultaneous or non-simultaneous swaps between Members for a specified period, where no monetary exchange for the accommodation itself takes place. We are not a vacation rental or short-term rental platform, nor do we act as a real estate agent or broker. Our role is to connect individuals seeking to swap homes and provide tools and services to facilitate these exchanges. [7, 16, 25, 27, 1, 3, 4, 5, 6]

2. Listing and Booking Process:

• Listing a Property: Hosts can create detailed listings for their properties, including descriptions, photos, and availability.

• Browsing and Requesting: Guests can browse available homes and send Swap requests to Hosts.

• Host Control: Hosts retain full control over who stays in their home. Upon receiving a request, Hosts will be presented with options including: approving the swap, proposing alternative dates, proposing a direct 1:1 Swap, messaging the Member, or denying the trip. [7, 16, 25] Hosts can review each Guest's profile before approving a request. [7]

• Host Legal Obligations: If you are a tenant, we advise that you inform your landlord or property management company before arranging a home swap. It is your sole responsibility to review your lease agreement and ensure that home swapping is not prohibited and that you are in compliance with any rules regarding subletting, hosting guests, or any other relevant terms. Swapstay disclaims any liability for a Host's failure to inform their landlord or for any breach of their lease agreement resulting from the use of the Platform.

3. Maximum Stay Duration and Local Regulations: The duration of a Swap can vary. However, Members are solely responsible for understanding and complying with all applicable local, regional, and national laws and regulations concerning maximum stay durations for guests or short-term accommodation, which may apply even to non-monetary exchanges. These regulations vary significantly by location within the EU. For example, some cities impose annual caps on the number of nights a property can be used for short-term stays (e.g., 90 or 120 days). [61, 62, 63, 64, 65, 66] For non-EU nationals, stays within the Schengen area are generally limited to a maximum of 90 days within any 180-day period. [67] It is the Member's responsibility to ensure their Swap complies with these limits. Swapstay disclaims any liability for non-compliance with such local regulations.

4. Cancellation and Modification Policy:

• General Policy: We make every effort to ensure trips go according to plan for hosts and guests, but we understand that unforeseen circumstances can cause plans to change. Our Cancellation Policy is designed to provide Swapstay members with a consistent and predictable travel experience while allowing reasonable flexibility for adjustments.

• Cancellation (More than 60 days in advance): Members can cancel confirmed bookings without penalty up to 60 days before the arrival date. Members can also cancel without penalty if the cancellation is within 24 hours of confirming the booking. A 2% fee will be deducted for transaction fees. [28]

• Short-term Cancellations (30-60 days in advance)

• If a member cancels between 30 and 60 days before the arrival date, the canceling member receives a 75% refund of their Trip Protection Deposit, with the remaining 25% going to the other member to compensate them for finding other rental accommodation, minus a small service fee for support and a possible deduction for mediation.. Both members will receive a full refund of their Swap Service Fee, Insurance Deposit, and Cleaning Fee, minus a 2% transaction fee on each.

• Late Cancellations (Less than 30 days in advance)

• If a member cancels less than 30 days before the arrival date, they will forfeit up to 100% of their Trip Protection Deposit, which will be given to the other member to compensate them for finding other accommodation, minus a small service fee for support and a possible deduction for mediation.. Both members will receive a full refund of their Swap Service Fee, Insurance Deposit, and Cleaning Fee, minus a 2%

• Extenuating Circumstances: We will consider exceptions to our cancellation policy in qualifying extenuating circumstances (e.g., natural disasters, government travel restrictions). Please review the policy in full for these exceptions. [28]

• Trip Modifications: Guests may request to extend or shorten a stay, or change the number of guests or pets, subject to Host approval. [16, 25, 28]

• Platform Right to Cancel: Swapstay reserves the right to cancel memberships or future bookings if Members violate our Member Code of Conduct or engage in repeated cancellations (e.g., more than two bookings in a 12-month period). [28]

 

D. Property Access and Key Management

 

1. Host Responsibility: Hosts are solely responsible for providing secure and convenient access to their Property for Guests and, if applicable, for cleaning services. This includes ensuring that keys, access codes, or other entry methods are safely managed. [7]

2. Guest Responsibility: Guests are responsible for adhering to all access instructions provided by the Host and for ensuring the security of any keys or access codes during their stay.

3. Swapstay's Facilitation Role: Initially, Swapstay will only facilitate communication between Hosts and Guests regarding key pick-up and drop-off locations. This means we will provide tools within the Platform for Members to securely exchange access instructions and coordinate logistics directly. In the future, Swapstay intends to integrate and offer key management services through third-party providers to enhance convenience and security for our Members. However, the ultimate responsibility for secure key management and property access remains with the Host. Swapstay disclaims any liability for issues arising from insecure access methods chosen or managed by the Host, or for any loss or damage related to key management, unless directly caused by a defect in a physical item provided by Swapstay as part of a future key management service. [7, 16, 29, 30]

 

E. Cleaning Services (Optional Future Feature)

 

If and when Swapstay introduces coordinated cleaning services as an optional feature, the following terms will apply:

• Host and Guest Responsibilities: Swapstay may coordinate professional cleaning services before and after a Guest's stay to ensure the home is in "tip-top shape." [7] Hosts will be responsible for preparing their home for cleaning (e.g., tidying unnecessary clutter) [7], and Guests will be expected to leave the property in a reasonable condition, allowing for standard cleaning.

• Cleaning Fee: A Cleaning Fee, as outlined in the Financial Terms, will be paid by the Guest to cover the cost of these professional cleaning services. [7]

• Service Standards: While Swapstay will endeavor to ensure high standards from its cleaning service providers, any issues with cleaning quality should be reported promptly to Swapstay Support. As Swapstay coordinates these services for a fee, the provision of cleaning services will comply with EU consumer protection laws regarding transparency of fees and service quality. [24, 31, 32]

 

F. Financial Terms: Fees and Deposits

 

1. Service Fees: Swapstay charges a Service Fee per trip, which is paid by the Guest. This fee covers the operational costs of the Platform, including arranging cleanings and generally enabling all Swapstay trips. The exact amount of the Service Fee will be clearly displayed to the Guest before confirming a booking. [7]

2. Cleaning Fees: A Cleaning Fee is paid by the Guest to cover the professional cleaning of the Host's home before and after their stay. This includes laundering linens and towels, cleaning bathroom and kitchen surfaces, and clearing trash. The Cleaning Fee will be clearly displayed to the Guest before confirming a booking. [7]

3. Security Deposits:

• Purpose: A security deposit may be required for each Swap to cover minor damages or excessive cleaning needs that occur during a Guest's stay. [7, 33, 34]

• Management: Swapstay will manage the security deposit. The deposit is typically an authorization for payment, not an immediate withdrawal, carried out automatically on the Platform. [34]

• Claims Process: In the event of damage or excessive cleaning needs, the Host must contact Swapstay Support promptly after the end of the Swap. The Host will be required to provide supporting documentation, such as clear photos of the damage, invoices for repairs, or quotations for replacement items. For theft, a police report and original invoices may be required. [7, 34]

• Dispute Resolution: Swapstay will act as an intermediary between the Host and the Guest to determine the amount of the deposit to be claimed. If the cost of damages exceeds the security deposit amount, the Guest remains liable for the balance of the compensation. [34] Swapstay's management of security deposits creates a fiduciary responsibility, and the terms are transparent about how deposits are held, when they can be claimed, and the dispute resolution process if there is a disagreement over damages. [32]

 

G. Insurance and Liability

 

1. Third-Party Insurance Enrollment:

After a swap is confirmed and paid for, Swapstay will arrange for both Hosts and Guests to be enrolled in specific third-party insurance policies. These policies are designed to provide coverage for the following:

• Host Content & Partial Property Insurance: This policy is to cover accidental damage to a Host's contents and a portion of their property during a Guest's stay.

• Guest Personal Liability Insurance: This is to cover any damage a Guest might accidentally cause to the Host's property or third-party injury during their stay.

• Key Insurance: This policy covers costs associated with lost or damaged keys or access devices.

Swapstay partners with reputable third-party insurance providers (e.g., Feather Insurance or similar) to offer these policies. The specific terms, conditions, coverage limits, and exclusions of these policies are determined solely by the third-party insurer. Swapstay is not an insurer, an insurance broker, or an insurance agent, and we do not underwrite, sell, or administer these policies. Any insurance policy is a contract solely between you (the Member) and the third-party insurance provider. Swapstay is not liable for the terms, coverage, claims process, or any disputes that may arise from these third-party insurance policies.

2. Insurance Deposits:

Upon confirmation and payment for a swap, a minimum insurance deposit of €100 will be collected from the Guest. This deposit contributes toward the cost of the third-party insurance policies arranged by Swapstay for both parties. Members may have the option to pay a higher insurance deposit, which may result in higher coverage limits based on the terms offered by the third-party insurance provider. The exact amount of the deposit and the corresponding coverage details will be clearly communicated before a booking is confirmed.

3. Member Insurance Responsibility

Swapstay strongly recommends that all members maintain their own personal insurance.

• For Hosts (the owner): We advise you to have your own property insurance to protect your home and contents insurance to protect your belongings and cover potential liabilities..

• For Hosts (the tenant): We advise you to have your own contents insurance to protect your belongings and cover potential liabilities.

• For Guests: We advise you to have your own personal liability insurance to protect your personal belongings during a swap.

4. Trip Protection Deposit:

Swapstay may implement a "Trip Protection Deposit" for Guests, separate from the general Security Deposit and the Insurance Deposit.

• Purpose: This deposit is designed to offer a financial safeguard to the Guest in the event of a short-term  or late cancellation by the Host, particularly within a specified period before the swap (e.g., less than 30 days). It aims to compensate the Guest for potential last-minute inconveniences or lost opportunities due to unexpected cancellations.

• Management: The Trip Protection Deposit will be collected from the Host at the time of booking confirmation and held by Swapstay.

• Disbursement: In the event of a qualifying short-term or late cancellation by the Host, a portion or the entirety of this deposit may be disbursed to the Host, as outlined in the specific terms of the Trip Protection Deposit. This deposit is NOT an insurance policy and is not intended to cover all potential losses or damages. Its terms, including refundability and disbursement conditions, will be clearly communicated to both Guests and Hosts prior to booking.

5. Disclaimer on Website and in the App:

• "As Is" Basis: The Swapstay Platform and all services are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. [17, 8, 18]

• Limitation of Liability: To the fullest extent permitted by applicable law, Swapstay shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your access to or use of, or inability to access or use, the Platform or any content or services provided through the Platform. [17, 8, 18]

• Intermediary Role Disclaimer: Swapstay explicitly disclaims responsibility for the actions or omissions of any Member, the accuracy of any Property listings, the safety or condition of any Property, or any personal belongings left in a Property, beyond the explicit scope of its defined services. Disputes between Members regarding property condition, personal belongings, or conduct are primarily the responsibility of the Members to resolve. Swapstay's role is limited to facilitating exchanges and providing defined support services. This reinforces Swapstay's intermediary role and helps manage liability for peer-to-peer interactions, aligning with the "appearance" test under the Digital Services Act (DSA) and Product Liability Directive (PLD). [17, 28, 1, 3, 4, 6]

 

H. User-Generated Content (UGC) and Profile Sharing

 

1. Ownership of UGC: You retain all ownership rights in your User-Generated Content (UGC), including property photos, descriptions, bios, and reviews, that you post, upload, or transmit to the Platform. [8, 35, 23]

2. License to Swapstay: By posting, uploading, or transmitting UGC to the Platform, you grant Swapstay a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display your UGC in connection with the operation and promotion of the Platform and Swapstay's business. This license is limited to purposes directly related to the Platform's functionality and promotion, such as displaying your home listing to other Members, promoting Swapstay services, and improving the Platform. [3, 8, 35, 36, 6]

3. Content Standards (Acceptable Use Policy): You agree not to post, upload, or transmit any UGC that:

   • Is illegal, harmful, offensive, defamatory, obscene, violent, threatening, harassing, abusive, or discriminatory. [8, 18, 19, 20, 6, 21, 22]

   • Promotes self-harm, shows nudity, sells illegal products or services, or includes graphic violence. [8, 18]

   • Infringes upon the intellectual property rights (including copyright, trademark, and patent), privacy rights, publicity rights, or any other rights of Swapstay or any third party. [8, 35, 20, 23]

   • Contains any computer viruses, worms, or any other malicious code. [18, 20]

   • Is false, misleading, or deceptive.

   Swapstay reserves the right, but not the obligation, to monitor, review, remove, or disable access to any UGC that violates these content standards or is otherwise objectionable, at its sole discretion and without prior notice. This is in compliance with our obligations under the Digital Services Act (DSA). [24, 25, 26, 8, 6]

4. Sharing Stay and Person Profiles:

   • Within the App: As mentioned before, we will share your profiles with other users. To protect your privacy, only limited profile information (your first name, city, neighborhood, profile picture, and a short bio) will be visible to other approved Members on the Swapstay app and to the public. Your full home address, home guide, and access instructions will only be shared with a Member you have agreed to host after a booking has been confirmed and approved by all parties. [37, 13, 35]

   • External Social Media (Instagram, TikTok, LinkedIn, others): For performance purposes, Swapstay will actively promote or share your personal profile and specific stay details (e.g., photos of your home, your name linked to a specific travel experience) on public social media platforms (such as Instagram, TikTok, LinkedIn, or others). This is in line with our previously mentioned license to use your UGC for the promotion of the Platform and Swapstay's business.

5. Member's Own Sharing: You are solely responsible for any information, including your stay details or personal profile, that you choose to share on public social media platforms or other external websites. Swapstay disclaims any liability for such self-initiated sharing. [14, 15]

5. Intellectual Property Infringement: If you believe that any UGC on the Platform infringes your copyright or other intellectual property rights, please notify us promptly. We will respond to valid notices of alleged infringement in accordance with applicable law, including the EU Copyright Directive (Article 17). [35, 42, 15]

 

I. Cancellations, Modifications, and Refunds

 

This section reiterates and expands upon the policies outlined in Section C.3.

• Detailed Cancellation Policies: Specific rules for Hosts and Guests regarding cancellation deadlines, penalties (e.g., forfeiture of service fees), and refund eligibility will be clearly detailed within the Platform and in supplementary guidelines. These policies are designed to be transparent and fair, in compliance with EU consumer rights. [16, 24, 39, 31, 43, 32]

• Extenuating Circumstances: Swapstay will consider exceptions to its cancellation policy in cases of unforeseen and unavoidable circumstances, such as natural disasters, government travel restrictions, or severe personal emergencies, as defined in our specific guidelines. [43]

• Trip Adjustments: Procedures for modifying confirmed Swaps, including extending or shortening stays, or adjusting the number of guests or pets, will be clearly outlined and will generally require the Host's approval. [16]

 

J. Dispute Resolution

 

1. Internal Complaint Resolution: In the event of a dispute or complaint between Members, or between a Member and Swapstay, we encourage you to first utilize our internal complaint resolution process. Swapstay will endeavor to mediate or resolve disputes in a fair and timely manner. [13, 34, 28, 6, 44]

2. Alternative Dispute Resolution (ADR): For disputes that cannot be resolved internally, Members residing in the European Union have access to Alternative Dispute Resolution (ADR) mechanisms.

• EU ODR Platform Discontinuation: Please note that the European Online Dispute Resolution (ODR) Platform ceased accepting new complaints on March 20, 2025, and will be entirely discontinued by July 20, 2025. All references and links to the ODR platform have been or will be removed from our website, app, and legal documents by July 20, 2025, to avoid misleading consumers.

• National ADR Bodies: If Swapstay is willing or obligated to participate in an ADR procedure, we will provide the name, address, and website of the responsible national consumer arbitration board(s) relevant to your dispute. If an internal consumer complaint remains unresolved, we will inform you on a durable medium about the relevant arbitration board and whether we will engage in the ADR procedure. [36, 45, 46]

3. Governing Law and Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of, without regard to its conflict of law principles. However, nothing in these Terms shall limit your rights as a consumer under the mandatory consumer protection laws of your country of residence within the European Union. You may bring legal proceedings in the courts of, or, if you are a consumer, in the courts of your country of residence. [47, 5, 48]

 

K. Termination and Suspension

 

1. Grounds for Termination/Suspension: Swapstay reserves the right to suspend or terminate your account and access to the Platform, at its sole discretion, for any reason, including but not limited to:

• Violation of these Terms of Service or any other Swapstay policies. [8, 18, 20, 43, 22]

• Engagement in illegal, fraudulent, or harmful activity. [8, 18, 20, 43]

• Repeated cancellations or other conduct that negatively impacts the community or the integrity of the Platform. [43]

• Providing inaccurate or misleading information during registration or while using the Platform.

2. Consequences of Termination: Upon termination, your right to use the Platform will immediately cease. Your listings will be removed. Swapstay shall not be liable to you or any third party for any termination of your access to the Platform. [43]

3. Fairness and Appeal: While Swapstay reserves the right to terminate accounts, we strive for fairness and transparency. In certain circumstances, Members may be given notice of a potential suspension or termination and an opportunity to appeal the decision, where appropriate, in accordance with applicable consumer protection laws. [39, 32]