The Home Exchange Agreement
Our dedicated Home Exchange Agreement makes swapping homes safer and more secure for everybody. Read what it contains and implicates for you!
Make it safe!
We understand and acknowledge that swapping homes is a big deal for everybody. It is our home, our safe space and probably most important place for all of us. Granting access to somebody we just met can be scary - even though you work for the same company. That is why we built a dedicated agreement which outlines and clarifies obligations and requirements between you and your swapping partner. That way both know their rights and can swap with a good feeling.
Understand the Home Exchange Agreement
Read below what the Home Exchange agreement covers. You will find a general introduction and more information about the different chapters of this binding contract.
General information
The Home Exchange Agreement is an optional document which can be signed by the swapping employees prior to the swap. If both parties decide to use the HEA, agree on terms and sign it, it becomes a binding contract to which both oblige to. SpaceSwap nor OMD is part of this contract or swap and therefore can not be held accountable for any incidents that might occur.
How to use it?
The Home Exchange Agreement was developed by SpaceSwap in partnership with specialised lawyers in Germany. It provides a comprehensive template that covers all important aspects that need to be covered when swapping homes. Yet this template is fully customisable and adjustable to your needs. We encourage you to use this template and the already covered aspects yet feel free to change it how you see fit.
How do I get the Home Exchange Agreement?
Once you found a match on the marketplace, got to know each other and decided to swap, you simply send an Email to hello@spaceswap.de. You will receive an automated Email with the HEA and further information on the next steps.
Understand the different chapters of the HEA.
Most of them are pretty self-explanatory yet we want to give you more information if needed.
The entering parties and the preamble
First and foremost you need to enter the names of the entering parties to this contract. Further, please read the preamble carefully as this sets the frame for what your are about to enter to.
1. Name, Address and addtional information of each contracting party
Besides the names it is important to give additional information about the parties in order to give more transparency and especially ways of communication.
2. Dates of the Home Swap
Here you agree on the exact dates of the swap. Meaning you assure each other, that you are living in each others homes on the here confirmed dates.
3. Number of People and Names
In case you want to embark on your next remote working adventure with a fellow colleague, your significant other or simply someone else, you enter the names here. This gives each other transparency who you let into your home.
4. Description of the homes
The reason someone is willing to swap with you is mostly based on your listing on SpaceSwap and because you matched personally of course. Yet it is important to assure each other that since uploading your home of SpaceSwap no significant alterations have been done to the home. By attaching the listings to the agreement, you assure each other that that is the state of the aparment when entering the swap.
5. Conditions
In the conditions of the swap you agree, that this swap is a non-commercial agreement. Meaning that you are not take any commercial advantage of the other party to make money or any other monetary benefit. You agree, that you treat the home like it is your own, give contact information in case of emergency, make room for the other ones personal belongings, leave it as clean as possible in respect to bed linen, towels, disposals and any other trash. You agree that you behave towards neighbours and every other personal relation of the home owner.
6. Phone / Internet
You assure or not assure that there is a working phone in the apartment as well as an sufficient internet connection such as WIFI that the swapping party gets access to. Further you agree that the swapping party utilise the WIFI access in a reasonable manner and does not engage in any unlawful or prohibited way.
7. Incidental Rental Costs
This one is important. Both parties agree that no money can be charged from the swapping partner for addtional living costs such as water, electricity, gas or any other as long it does not exceed a agreed upon limit. This limit needs to be agreed on in this contract. If not clearified here, the swapping partners have no legal ground to claim any expenses. However, as we are one big SpaceSwapper Community we emphasis that there is always room for communication.
8. Deposite
Deposits are a common way to increase security for each other. This chapter gives your the opportunity to agree on a deposite which is to be paid upon the swap. Amount, payment method, timeframe is all up to you and need to be written down here. Of course you do not need to demand a deposite which also can be agreed to in this Home Exchange Agreeement.
9. Property and Content Damages
There is always the possibility that something happens. You can never rule that out. Therefore it is important to agree how to handle these incidents.
When talking about damages we differentiate between damages to content and damages to property. Damages to content includes but is not limited to all interior of the home such as furniture, decor or accessories. Damages to property includes but is not limited to everything that regards the building itself, such as structural walls, doors and so on.
General aims at giving context to liabilities and responsibility. Please read it carefully.
In this chapter you agree on having according insurances in place such as household and liability insurance giving the other party the safety of knowing that all damages are covered.
In case of large damages, you agree that each party is liable to and responsible for repairing, replacing and compensating them.
This chapter is very important as it sets the rules on how to handle damages. At the end of the day each swapper is responsible and liable for the property and home for the duration of the stay. Please have all necessary insurances in place and assure it to your swapping partner.
10. Keys recovery
There are multiple ways on giving the keys to the swapping partner. Here you clearly state how the exchange is going to happen and when. It can be done by sending it to the swapping partner per Mail, per neighbour, family or friends or even by picking it up in the office. Please make sure that everybody involved is up to date so that the key recovery can be as smooth as possible.
11. Other details house cleaning
You can choose who has to pay for cleaning utensils while the swap.
12. Pet rules
For many it is important to be able to bring their pet. However, pets might not be allowed or wanted in the swappers home. Therefore it is important to agree upon on how to handle this situation. In best case, this is already indicated in the listing itself however, we advice to mention it in the Home Exchange Agreement as well. You also agree on being liable for the pet in the event of any damages caused by the pet.
13. Termination
This clause gives each party the write to terminate the agreement by demonstration of good cause. Good course is substance to discussion but generally includes any event that makes the continuation of the home swap impossible. Both parties agree here that this might occur and the termination is then possible.
14. Others
As it is impossible to cover all aspects that need to be agreed upon in a template we give room for any individual agreements in this chapter. Please fill in everything you want to have in writing before entering the swap. This may includes aspects such as "Water the plants" to "No smoking allowed". You have full control on what to enter here. Please use it.
15. Miscellaneous
Please enter here all other agreements regarding how to deal with communication, contractual amendments or other overlaying aspects.
Signage
Here both parties sign this Home Exchange Agreement. By signing this, this document because a binding contract and all above becomes legally valid.