Terms of Service

Terms of Service

Terms of Use

These Terms of Use (“Terms”) are a binding legal agreement between SpaceSwap UG (haftungsbeschränkt) (hereinafter “SpaceSwap”) and you (the “User”) governing the right to use the website https://spaceswap.de/ (the "Site"), and other offerings from SpaceSwap (collectively, the “SpaceSwap Platform”). You can use the Site and SpaceSwap Platform only in accordance with these Terms of Use, including our Privacy Policy.

1. Subject of the Terms

1.1. SpaceSwap provides a tailored marketplace, known as the SpaceSwap Platform, to each contracted customer (“Members”), enabling them to enroll their employees around the world as Users (referred to as “Users” hereafter) for the purpose of exchanging their homes for holiday or work trips. Homes offered for exchange are referred to as “Listings”.

1.2. The SpaceSwap Platform allows Users to showcase their homes for potential exchange by providing information on their Listings and on their profile page. Conversely, Users may actively seek out homes for exchange (“Home Swap”) through the SpaceSwap Platform’s search criteria. It is the responsibility of each User to find the Home Swap opportunities that suit their travel plans and family needs. These Term delineate solely the rights and responsibilities of Users engaging with the Site and the SpaceSwap Platform.

1.3. SpaceSwap offers a standardized Home Exchange Agreement template, accessible to Users for completing the Home Swap available on https://spaceswap.de/checkout-process/.

1.4. SpaceSwap also offers comprehensive informational resources and a blog addressing remote work, co-working, new-work topics, and related subjects.

2. Use of the Site and SpaceSwap Platform

2.1. There are three ways of using the Site:

• Members have full access to the marketplace and User’s listings and will be able to contact its employees registered as Users.
• Users are employees of Members and have full access to all User’s Listings, profile information and will be able to contact other Users via the SpaceSwap internal messaging system. Personal email addresses and phone numbers are not accessible, except where explicitly provided, such as in the Home Exchange Agreement.
• Non-registered visitors have access to the Site with information about the SpaceSwap Platform concept, potential use cases, and benefits of Home Swaps like remote working to convince business leaders as well as employees to take advantage of such a benefit.

2.2. Users engage in a personal and traditional, non-monetized home exchange experience. Renting homes is prohibited on the SpaceSwap Platform. Users who publish and offer Listings are “Hosts” and Users who search for, book, or use services are “Guests.” SpaceSwap provides its Users with a Platform that enables Home Swaps, allowing the Host to publish a Listing to offer a Home Swap, and allowing the Guest to review the Listing and reserve the Home offered. In a traditional Home Swap both Users are Hosts and Guests at the same time.

2.3. As the provider of the SpaceSwap Platform, SpaceSwap does not possess, regulate, provide, or oversee any Listings, unless otherwise agreed upon with each Member. SpaceSwap is not a participant in the agreements made directly between the Users, nor does SpaceSwap operate as a real estate broker in accordance with Directive (EU) 2015/2302.

2.4. Within the SpaceSwap Platform, User can personalize their profiles (e.g., personal information, profile picture) and listing for Home Swaps. Please keep in mind that all registered Users can view these profiles.

2.5. Users can exchange homes as many times, with as many partners, and for as long as they wish during their SpaceSwap account’s validity, provided this is in accordance with the Member’s remote working policy. Each User receives a personal listing page to showcase their home, using photos and descriptive text.

2.6. Users will receive email notifications at their designated business email addresses in the following instances: (i) When a message is received in their SpaceSwap Inbox; or (ii) For account reminders and newsletters.

2.7. Users must provide accurate descriptions of their homes and exchange preferences. This includes details such as the type of home, sleeping capacity, and number of bathrooms. Any interior or exterior photos posted must accurately represent the property offered for exchange. Omissions of relevant descriptions may be considered an inaccurate description. Inaccurate Listings are subject to removal from the SpaceSwap Platform.

2.8. Users acknowledge that SpaceSwap does not guarantee the accuracy of the information provided in Listings and published on the SpaceSwap Platform. Should a User uncover false information, this should be reported to SpaceSwap.

2.9. Users may “hide” or “publish” their home listing at any time, free of charge, by logging in to their dashboard and choosing that option.

2.10. User hereby agree to comply with the User’s Rules which can be accessed following this link https://spaceswap-m7fsdd.mysharetribe-test.com/p/spaceswap_coc and will be attached to these Terms as Annex 1.

3. Reservations for Listings, Execution of the Home Swap and Cancellation Policy

3.1. SpaceSwap is a marketplace for putting people in touch with each other for the purpose of Home Swaps. All functions on the SpaceSwap Platform are automated. As such, all contact between Users is initiated solely on the basis of the efforts of the Users, and SpaceSwap does not intervene in any way, except as explicitly stated herein. When Users execute a Home Swap, they enter into a contract directly between them. Space Swap has a contract template for a Home Exchange Agreement available on https://spaceswap.de/checkout-process/. SpaceSwap does not become a party to the contract, and SpaceSwap is not a real estate broker or insurer. SpaceSwap does not act as an agent in any capacity for a User. Users who wish to do a Home Swap via the SpaceSwap Platform do so on their own initiative and under their own responsibility.

3.2. The Host decides whether to grant an exclusive reservation and therefore restrict other Users of contacting them for the listing.

3.3. By entering into the Home Exchange Agreement, the Home Swap or reservation of the accommodation becomes binding with all legal implications. Users may include their own terms regarding potential cancellation of the accommodation in the Home Exchange Agreement. 3.4. After executing the Home Exchange Agreement, if a User needs to cancel a finalized Home Swap, it is crucial to promptly inform the other User and provide reasons for the cancellation. Carefully consider the implications of canceling the Home Exchange Agreement, as it can lead to financial loss and inconvenience for the other User. If cancellation is unavoidable, inform the other party as early as possible and assist them in finding alternative accommodation, if possible.

3.5. Each Home Swap grants the Host limited authorization for the Guest to enter, occupy, and use the Home for the agreed-upon period. If a Guest fails to vacate the Home at the end of the specified Home Swap period, the Host may take lawful steps to force the Guest to leave. Guests are responsible for any compensation claimed by the Host due to the Guest's failure to vacate or any damage caused, especially if the Host needs to pay for alternative accommodation because they cannot access their own Home.

3.6. SpaceSwap makes no guarantee as to the legality of any Home Swap entered into between Users, or as to its proper execution by any User. In addition, SpaceSwap provides no guarantee for the availability of the Home, the conditions of the Home, or any other conditions imposed by one User on another as part of a Home Swap.

3.7. Users are solely responsible for the risks associated with providing or occupying a Home as part of a Home Swap, including the risk of damage to property or theft of any furnishing items. Hosts are free to choose the Guests who will use their Home. Hosts and Guests should use preliminary correspondence to discuss (and avoid) any problems that may arise from a Home Swap.

3.8. It should be noted that Guests are solely responsible for the acts or omissions of each and every guest present at the Home. Such guests must comply with any requirements or rules established by the Host and must be aware of and comply with these Terms. Guests represent and warrant that they are legally authorized to act on behalf of any minor included in the Home Swap. No minor may participate in the Home Swap unless accompanied by an adult who is legally responsible for the minor.

3.9. Any damages resulting from the use of the Listing or from last-minute cancellations will be subject to a damage claim of the respective other party. Any disputes between Users shall be resolved between the Users involved. If a User provides evidence that their Guest have culpably: (i) damaged the complaining User’s, or the owner’s accommodation (where the accommodation owner is not also the Host), real or personal property, or real or personal property the complaining User is responsible for, or has an economic interest; (ii) caused other consequential damages directly resulting from the damage caused under (i) above; or (iii) otherwise caused the complaining User to incur cleaning costs or fees for alternative accommodations as a substitute, the complaining User can notify SpaceSwap which will assess any account terminations.

3.10. Users agree to cooperate in good faith, provide any information SpaceSwap requests, execute documents, and take further reasonable action, in connection with damage claims, User complaints, claims under insurance policies, or other claims related to their Home Swap or the use of the SpaceSwap Platform.

4. User’s Liability

4.1. Users are responsiblele for investigating and adhering to all local regulations, including but not limited to permits, licenses, zoning rules, and restrictions applicable to co-ops, condominiums and other common interest developments, as well as safety compliance.

4.2. Users shall verify their own insurance coverage and the coverage provided by their Guests, covering property and liability. Both Users are encouraged to obtain adequate insurance coverage to protect against damages occurring during the Home Swap period.

4.3. Users undertake not to use copyright photos/material in any part of their Listing. Liability for any related infringement lies with the User.

4.4. SpaceSwap UG operates as the facilitator of Home Swaps through the SpaceSwap Platform, serving as a marketplace. While SpaceSwap is not directly involved in Home Swaps, it shall not be held liable for any damages occuring during the Home Swap period. Disagreements arising from the Home Swap must be settled between the Users directly involved in the Home Swap. SpaceSwap cannot be held responsible for any incidents resulting from a Home Swap listed on the SpaceSwap Platform. SpaceSwap reserves the right to terminate or suspend, temporarily or permanently, the account of any User involved in an unresolved disagreement.

4.5. SpaceSwap reserves the right to cancel any User’s account for failure to comply with these Terms or Privacy Policy. Additionally, SpaceSwap generally does not review the Listings unless necessary but reserves the right to block, change, or delete content that violates the Terms or is unsuitable for the SpaceSwap community, upon receiving complaints or obtaining knowledge through other means.

5. SpaceSwap’s Liability

5.1. The SpaceSwap Platform is provided to the User free of charge. SpaceSwap does not provide any guarantees and is solely responsible for publishing home Listings of its Users on the SpaceSwap Platform. SpaceSwap does not guarantee or assume any liability for the accessibility of the SpaceSwap Platform. The User acknowledges that technical errors, interruptions, or other technical problems may occur during use and that features, parameters or other services provided by SpaceSwap may change at any time. SpaceSwap also does not guarantee that the SpaceSwap Platform will be free of viruses or errors. Users may not use any content from the SpaceSwap Platform for any solicitations or commercial use.

5.2. User claims for damages are excluded, except for claims arising from injury to life, body, health, or from the violation of essential contractual obligations, the fulfillment of which is necessary to achieve the goal of the contract concluded between SpaceSwap and the User (cardinal obligations), as well as liability for damages as a result of intentional or grossly negligent breach of duty by SpaceSwap, its legal representatives or vicarious agents. Furthermore, Members shall bear no liability regarding the use of the SpaceSwap Platform by Users, except in cases of injury to life, body, or health, or where damages result from intentional or grossly negligent actions by the Member or its representatives.

5.3. Opinions, advice, statements, offers or other information or content provided through the SpaceSwap Platform are not necessarily endorsed by SpaceSwap. Any statements, advice and opinions made by other Users are those of such Users only which are solely responsible for such content. SpaceSwap does not guarantee the accuracy, completeness, or usefulness of any information, and is not responsible for content posted by Users. Users agree to comply with all local rules regarding online conduct and acceptable content.

5.4. SpaceSwap does not verify the existence or content of any property listed on the SpaceSwap Platform. SpaceSwap is not responsible for the accuracy of the Listings or the actions of Users, and claims no responsibility for the accuracy, content, legality, or availability of linked information.

6. Data Protection and Privacy

6.1. During the use of the SpaceSwap Platform, Users may be required to provide personal information (“User Information“). SpaceSwap’s policies regarding information collection and use of User Information are set forth in the Site Privacy Policy, which you can find here https://spaceswap-m7fsdd.mysharetribe-test.com/p/omd_policy.

6.2. Users acknowledge and agree that Users are solely responsible for the accuracy and content of the User Information provided. Users are responsible for protecting their registration and access data (e.g., username, password) and must not disclose them to unauthorized or third parties. Any suspected abuse or loss of such information should be immediately reported to SpaceSwap by email to mariuspanzer@outlook.de .

6.3. SpaceSwap’s servers are secured in accordance with current technological standards, including firewalls. However, Users are aware of the inherent risk associated with data transmissions through public networks, which may be intercepted. The foregoing applies not only to the exchange of information by email leaving the system, but also for integrated information systems and all other transmission of data. As required under GDPR, SpaceSwap is committed to protecting your personal data and will implement appropriate technical and organisational security measures to protect it against any unauthorised or unlawful processing and against any accidental loss, destruction, or damage.

6.4. Data mining of information from this Site, and collecting or storing personal information about Users, is prohibited. Email correspondence (via SpaceSwap internal message system) is for the purpose of arranging a Home Swap between Users of the SpaceSwap Platform. Initial contact is limited to using the supplied contact forms on the Platform. Any attempt to collect email addresses from Users and email individual Users or groups of Users for any purpose other than arranging a personal Home Swap and during the period of a valid account is in violation of these Terms and is subject to suspension or expulsion from the SpaceSwap Platform.

7. Links from and to the Site SpaceSwap makes no representations in connection with any third-party websites that may be accessed through a link from the Site or SpaceSwap Platform. Such third-party information is independent from SpaceSwap’s own information. Links, hyperlinks, or web addresses leading to other websites do not imply that SpaceSwap endorses or accepts any responsibility for the content of such websites or approves of their content or use. These Terms of Use apply only to the SpaceSwap-operated Site and Platform; linked third-party websites are governed by their terms.

8. Intellectual Property 8.1. SpaceSwap is the owner or the licensee of all intellectual property rights in the Site and in the material published on the Site (“Content”). SpaceSwap is also the owner or licensee of all intellectual property of the SpaceSwap Platform. Content on the SpaceSwap Platform may originate from other Users (“User Content”). SpaceSwap does not claim any ownership over User Content. All such works are protected by copyright and other intellectual property laws and treaties around the world. All rights are reserved by the respective owner or licensee of those works. Except as provided in these Terms, the use of the Site does not grant you any right, title, interest or license to any such intellectual property you may access on the Site.

8.2. By uploading, or otherwise publishing any User Content on the SpaceSwap Platform, the user grants SpaceSwap the non-exclusive, worldwide, royalty-free, unlimited in terms of content or time, sub-licensable right to use the User Content, in particular to copy, modify, transmit, store, archive, display and publish the User Content in all media along with the User name which the User has chosen or anonymously if the User’s account is terminated and the respective User Content was not deleted. SpaceSwap may only modify User Content for visual, graphical or for clarification reasons. The license granted by the User to SpaceSwap does not end with the termination of the User’s account unless the User Content was deleted in the User’s account before the termination and has not been published or otherwise shared with other Users.

8.3. Subject to the Users compliance with the terms and conditions of these Terms, SpaceSwap grants its Users a limited non-exclusive, non-transferable license to access and make personal use of the Site and the SpaceSwap Platform including certain software, for personal use. The license does not permit downloading or modifying the Site or Platform, in whole or in part, except for accessing Content provided by SpaceSwap for personal, non-commercial use (the “SpaceSwap License”). The SpaceSwap License does not include the right to resale or other uses outside the offered services. Any commercial use of the Content, Site and/or SpaceSwap Platform requires prior written approval from SpaceSwap. The SpaceSwap License will automatically terminate without notice if the respective User breaches any terms or conditions of these Terms.

8.4. DUser may print off one copy, and may download extracts, of any page(s) from the Site for their personal use and you may draw the attention of others within your organization to Content posted on the SpaceSwap Platform.

8.5. Users must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics in any way other than in conjunction with their accompanying text. 8.6. The status (and that of any named contributors) as the authors of content on our SpaceSwap Platform must always be acknowledged.

8.7. If User prints off, copies or downloads any part of SpaceSwap’s Site or Platform in breach of these terms of use, your right to use the SpaceSwap Platform and the Site will cease immediately and User must, at SpaceSwaps discretion, either return or destroy any copies of the materials Users have made.

8.8. Except as provided in these Terms & Conditions, any other use or reproduction of the intellectual property is prohibited.

9. Effective Date and Termination

9.1. The Terms become effective upon User registration on the Site and agreement to these Terms. SpaceSwap will confirm the registration by email, however, there is no claim to contract conclusion.

9.2. The SpaceSwap Platform is made available for permanent use. SpaceSwap reserves the right to cancel or suspend any account for any reason, including misuse of the SpaceSwap Platform, any action compromising the security of the SpaceSwap Platform, any action adversely affecting other Users or their property, or any actions deemed detrimental to SpaceSwap. Accounts are associated with User’s designated business email address. Upon termination of employment, SpaceSwap will cancel the account. Furthermore, the Member hosting their respective exclusive SpaceSwap Platform may reserve the right to terminate the accounts of Users as to their discretion.

9.3. If any User-provided information is found to be grossly misrepresented, or if a User’s Listing or actions violate any law or any provision of these Terms or our Privacy Policy, SpaceSwap reserves the right, at its discretion, to remove the User’s Listing and/or terminate User’s access to the SpaceSwap Platform.

9.4. Users have the right to terminate their accounts at any time. Should a User choose to terminate their account, they may do so by deleting their profile on the SpaceSwap Platform.

9.5. Upon account termination, SpaceSwap will no longer show the profile or Listings of the User and delete the profile immediately. SpaceSwap will confirm the termination of the account by email to the previously registered email address.

10. Changes to the GTC

10.1. SpaceSwap reserves the right to change or amend these Terms. The planned changes or amendments shall be announced to the User by email or in writing with a reasonable period of notice before the planned entry into force. If the User does not object to the amended Terms in text form (e.g. letter, fax, email) within 6 (six) weeks after receipt of the email, the amended Terms shall be deemed accepted. In the event of an objection, the original Terms shall continue to apply unchanged; in this case, however, SpaceSwap shall be entitled to terminate the Account of the User within the scope of a special right of termination with a notice period of 2 (two) months from receipt of the objection to the end of a calendar month. 10.2. The Terms can be viewed at any time on the Site at https://spaceswap-m7fsdd.mysharetribe-test.com/terms-of-service.

11. Governing Law and Dispute Resolution

11.1. The law of the Federal Republic of Germany shall apply exclusively, excluding the CISG.

11.2. The place of jurisdiction and performance is Düsseldorf for (i) Users who are not consumers, (ii) Users who have no residence in Germany upon contract conclusion or move to another country after contract conclusion, and (iii) Users whose regular place of residence is unknown at the moment when a lawsuit is filed. Otherwise, the place of jurisdiction for consumers is based on the general rules. In the event that your residence is in a member state of the European Union, German law applies provided this stipulation is not in conflict with mandatory rules of the state in which your reside. Such rules shall remain unaffected.

12. Final Provisions

12.1. The User shall only be permitted to offset claims that are undisputed by SpaceSwap or have been legally established. The assignment of claims under this agreement requires the written consent of the other contracting party. An assignment without consent is ineffective unless it concerns claims arising from a mutual contract.

12.2. No oral ancillary agreements have been made. Amendments and additions to this Agreement, including this clause, must be in writing to be effective. This requirement for written form shall also apply to the repeal of this written form requirement.

12.3. Should a provision of these Terms be or become invalid or unenforceable in whole or in part for whatever reason, including a violation of any laws applicable to it, the validity of the other provisions hereof is not affected. In that case the invalid or unenforceable provision is deemed to be replaced by such valid and enforceable provision or arrangement that corresponds as closely as possible to the invalid or unenforceable provision and to the Parties' economic aims pursued by and reflected in this Agreement. The same applies in the event that this agreement does not contain a provision necessary to achieve the economic purpose as expressed herein (Regelungslücke).

12.4. These Terms & Conditions, including SpaceSwap’s Privacy Policy, constitute the entire agreement between User and SpaceSwap in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever between the parties.