1. General Disclaimers:​

• "As Is" Basis: The Swapstay Platform, including all content, services, and features, is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or availability. [1, 2, 3]

• Limitation of Liability: To the fullest extent permitted by applicable law, Swapstay shall not be liable for any direct, 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. This limitation applies regardless of the legal theory, whether based on contract, tort, negligence, strict liability, or otherwise, even if Swapstay has been advised of the possibility of such damages. [1, 2, 3]

• Enforceability: These disclaimers are drafted to be enforceable under EU consumer law, which may limit the extent to which a business can disclaim liability, especially for its own negligence or statutory obligations. Overly broad disclaimers that attempt to circumvent mandatory consumer protections may be deemed "unfair contract terms" and thus unenforceable. [4, 5, 6, 7, 8]
   

2. Specific Disclaimers Regarding Peer-to-Peer Nature:

• Intermediary Role: Swapstay is a platform that facilitates connections between individuals for home exchanges. We do not own, manage, inspect, or control the properties listed by Members. [1, 9, 10, 11, 12, 13]

• No Responsibility for Listings or Properties: Swapstay disclaims all responsibility for the accuracy, completeness, or legality of any Property listings, the safety or condition of any Property, or the conduct of any Member. While we implement verification processes, we do not guarantee the identity or behavior of Members or the quality or safety of properties beyond the explicit scope of its defined services. [1, 9, 10, 11, 12, 13]

• Member Responsibility: Members are solely responsible for their interactions with other Members and for ensuring the suitability and safety of any Property they choose to exchange. Any disputes arising directly between Members regarding property condition, personal belongings, or conduct are primarily the responsibility of the Members to resolve.