IVHE reserves the right to change, remove, or add to these terms and conditions at any time without notice. Such modifications shall be effective immediately.
1.1 The following words and phrases shall have the following meanings in these terms:
Agreement means this Agreement and all references to clause numbers refer to clauses in this Agreement.
Arrangement Fee means the fee payable by the Member to IVHE when the arrangement for a visit has been made under the Scheme.
Guest means a Member when acting as a guest at another Member's property under the Scheme.
High Season means the period or periods of time in any one location where travel to that location is at its highest comparative to other times of the year.
Home Owners Insurance means an insurance policy that insures a property and Members visiting that property as a Guest.
Host means a Member who makes his property available for visits from other Members.
IVHE means IVHE Limited, a company registered in England and Wales with company registration number 6425983.
Member means an individual who agrees to join the Scheme operated by IVHE on the terms and conditions set out below.
Membership Fee means the annual fee payable by the Member to IVHE.
Membership Level means a Platinum, Gold, Silver or Bronze membership allocated to the Member.
Premium Holiday Periods means Christmas, New Year, Easter and periods with major special events or festivals particular to a country or region that attract high levels of tourism.
Prime Time Facility means a facility which allows Members to offer vacations slots at one or more of their Properties during Premium Holiday Periods or the High Season for the relevant Property and earn credits for immediate use.
Prime Time Credits means credits earned by a Member through the Prime Time facility.
Prime Time Period means any time reserved at a property through the Prime Time Facility.
Property means a property made available to the Scheme by a Member.
Scheme means the membership scheme set up by IVHE for purposes of vacation home exchanges.
Trade means the arrangement for a visit made under the Scheme.
2. IVHE Obligations
2.1 IVHE will use reasonable endeavours to maintain a website containing the details of Members' properties. IVHE shall be entitled, in its sole discretion, to decide which properties to include on the website.
2.2 IVHE will maintain details relating to each Member's property.
2.3 IVHE will maintain a record of credits on behalf of each Member. IVHE will credit or debit the Member's account each time a Member acts as a Host or a Guest. The amount debited or credited to an account will vary in accordance with the credit value of the relevant property at the time of each visit or hosting. IVHE will credit the Member’s account with any purchased Credits on receipt of payment. Purchased Credits will be valid for a period of one year from the date of issue. IVHE will credit the Member’s account with any applicable PrimeTime Credits on approval of an application under the Prime Time Facility.
3. Member's Obligations
3.1 The Member shall provide information about their Property in accordance with the policies & procedural rules of the Scheme (which may change from time to time).
3.2 The Member warrants that all information provided to IVHE is accurate and correct. The Member further warrants that any changes to the property that affect the accuracy of the information held by IVHE will be notified to IVHE immediately.
4. Member's Obligations as a Host
4.1 The Host will ensure that at all times while there are Guests in your property, the property is insured with Home Owners Insurance. Where appropriate, the Host shall ensure that Guests are insured to make use of any vehicle that forms part of the facilities available at the property.
4.2 The Host shall indemnify IVHE against all loss, actions, costs, claims, demands, expenses and liabilities whatsoever (if any) which IVHE may incur either at common law or by statue in respect of personal injury or death of any person (other than as a result of any default or neglect of IVHE or of any person IVHE is responsible for) or in respect of loss or destruction of or damage to property which shall have occurred:
4.2.1 during a Member's visit to your property;
4.2.2 as a result of the Host providing inaccurate information to IVHE; or
4.2.3 as result of the Host or Guest cancelling the visit.
4.3 The Host warrants that they own the property and that, where required, they have obtained any permissions required to perform their obligations under this Agreement including but not limited to permissions from the management company of your development and/or property.
5. Member's Obligations when acting as a Guest
5.1 The Guest will abide by the maximum number of Guests permitted to stay in any property that you visit.
5.2 The Guest shall agree to observe any restrictions, rules or regulations that apply to the property, including but not limited to, rules relating to smoking or pets in the property.
5.3 The Guest shall indemnify IVHE against all loss, actions, costs, claims, demands, expenses and liabilities whatsoever (if any) which IVHE may incur either at common law or by statue in respect of personal injury or death of any person (other than as a result of any default or neglect of IVHE or of any person IVHE is responsible for) or in respect of loss or destruction of or damage to property which shall have occurred:
5.3.1 as a result of the Guest's actions or omissions in connection with the Guest's stay at another Member's property; or
5.3.2 as a result of the Guest or Host cancelling a visit.
6. Prices and Payment
6.1 IVHE provides the Scheme to the Member in return for the payment by the Members to IVHE of fees. The fees consist of the annual Membership Fee and an Arrangement Fee for each visit a Member makes to another Member’s Property.
6.2 The Membership Fee is dependent on the level of Membership that the Member selects. The Membership Fee may vary from time to time in the sole discretion of IVHE. Membership Fees, Member Levels and the benefits attached to each Membership Level can be found here.
6.3 The Arrangement Fee is paid by the Guest to IVHE when the arrangement for a visit has been made.
6.4 The Arrangement Fee is currently charged at 7% of the credits value of the transaction. For an understanding of credits please refer to the policies & procedures of the Scheme.
6.5 IVHE reserve the right to alter the fee levels. In the event that IVHE intends to increase the fee levels IVHE will provide 30 days notice of any such increase.
6.6 In the event that a visit is cancelled or changed by either party cancellation charges may be incurred by the Host or Guest and be payable to IVHE. The level of cancellation charges may vary from time to time.
7. Membership Cancellation
7.1 Subject to clause 7.2 below, a Member is entitled to cancel their Membership and receive a full refund of all fees if they cancel their Membership in writing before the end of the 7th working day beginning with the day after the day your Membership has been accepted.
7.2 You will not be able to cancel your membership under clause 7.1 above if:
7.2.1 You consent to the services being commenced on your behalf during the initial 7 day period; and
7.2.2 The services are actually commenced during the initial 7 day period.
7.3 Refunds due under clause 7.1 above will be paid within 30 days of your cancellation.
8. Prime Time Facility
8.1 If a Member wishes to use the Prime Time Facility they must be a Gold or Platinum member and make an application to IVHE for Prime Time Credits. Applications must be received by IVHE at least 24 weeks before any proposed Prime Time Period.
8.2 IVHE will consider the request for Prime Time Credits and will make a decision within 7 days as to whether Prime Time Credits are approved. Approval for Prime Time Credits is solely within the discretion of IVHE.
8.3 If the Prime Time Credits are approved:
8.3.1 your account will be credited with Prime Time Credits equal to value of the booked period;
8.3.2 you must keep your Property available to be booked by another IVHE member until 7 days before the commencement of the relevant Prime Time Period.
8.4 Once you have been credited with the Prime Time Credits you are entitled to use those credits to book your own vacation irrespective of whether:
8.4.1 Your holiday commences before the Prime Time Period for your own Property; or
8.4.2 No member actually uses the Prime Time Period at your Property.
8.5 IVHE will consider changes to the Prime Time Periods up to the time a trade has been agreed for the Prime Time Period. Any changes are solely within the discretion of IVHE.
9 Prime Time Conditions
9.1 If a trade has not been agreed for the Prime Time Period 7 days before it commences Members are no longer obliged to keep the property reserved for IVHE Members and may use the Property as they see fit but will be entitled to retain their Prime Time Credits.
9.2 Prime Time Periods can be booked for a minimum period of one week , as a Gold member a maximum period of one week and as a Platinum member a maximum of two weeks for a Property (subject to clause 9.3). Periods of more than one week do not need to be consecutive.
9.3 Where two weeks of Prime Time have been booked for a property and trades are agreed for both weeks, one further week of Prime Time may be booked.
9.4 Members with more than one property listed on the IVHE website may book IVHE Prime Time for a maximum of two properties.
9.5 Members with multi unit properties where some or all units are of the same type, typically commercial properties like Hotels, B&B's and resorts, can book IVHE Prime Time for a maximum of two units per property.
9.6 Members must have provided at least 2 photos of the Property for display on the IVHE website if they wish to use the Prime Time Facility
9.7 Prime Time Periods can be cancelled subject to the following:
9.7.1 No trade has been agreed for the Prime Time Period.
9.7.2 As the Member’s Prime Time Credits will be cancelled the Member has to have sufficient credits left on their account such that the cancellation does not create an overdrawn position of credits on their account.
10 Acceptance of Membership by IVHE
10.1 A Membership IVHE becomes active from the time of notification of acceptance of Membership by IVHE to the Member. IVHE reserves the right to not accept an application for Membership at its absolute discretion.
11. Force Majeure
11.1 IVHE shall have no liability for any delay in carrying out or failure to carry out any of its obligations under this Agreement where such delay or failure is caused by fire, strikes or other industrial action or dispute, acts of Government, default of suppliers or subcontractors, or any circumstances outside IVHE's reasonable control.
12 Limitation of Liability
12.1 The Member acknowledges that IVHE is providing an information service and that IVHE cannot be held responsible for:
12.1.1 inaccurate information regarding a property where that information has been provided to IVHE;
12.1.2 death or personal injury incurred by a Guest or other members of the Guest's party while staying in a Host's property or travelling to and from the Host's property unless such death or personal injury is caused by the negligence of IVHE. All Hosts are obliged to maintain insurance on their properties (see clause 4(a) above). It is recommended all Guests ensure that they and their party are adequately covered by Travel Insurance when making visits to another Member's property.
12.1.3 Loss or damage to property caused by Guests during a visit.
12.2 In no circumstance shall IVHE be liable for, in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever, and whatever the cause thereof, for
12.2.1 any special, indirect or consequential damages,
12.2.2 any loss or profit, business, contracts, wages, salaries, or anticipated savings
12.2.3 for any increased costs or expenses arising directly or indirectly out of IVHE's obligations or of any error or defect therein, or of performance, non performance or delayed performance by IVHE of IVHE's obligations under this Agreement.
12.3 In the event that IVHE is deemed to be liable for any loss or damage whatsoever and howsoever caused IVHE's maximum liability to the Member shall be equal to the value of the fee earned by IVHE for a 1-week stay in the Host's property.
13.1 If any term or provision of this agreement shall be held by any court to be illegal or unenforceable such term or provision shall to that extent be deemed severable and not form part of the Agreement but the validity and enforceability of the remainder of the Agreement shall not be affected.
14.1 No delay, failure or omission to enforce any term or condition of this Agreement, or arises under the Agreement or from a breach of the Agreement shall be deemed to be a waiver of that term or condition or shall operate to prevent the exercise of such term or condition in the future.
15.1 The Member can terminate this Agreement on 1 month's notice subject to The Member honouring any previously arranged visits to their property.
15.2 IVHE can terminate this Agreement in the event that the Member fails to make punctual payment of any fee due under this Agreement.
15.3 IVHE can terminate this Agreement in the event that the Member breaches any obligation under this Agreement.
15.4 In the event that IVHE terminates this Agreement under clause 15.2 or 15.3 the following shall occur:
15.4.1 The Member shall pay on demand all arrears of fees including any incurred interest.
15.4.2 The Member shall forfeit all credits previously accrued under this Agreement. Under no circumstances shall the Member be entitled to any cash equivalent for any forfeited credits.
15.4.3 IVHE shall be entitled to remove all details relating to the Member's property from the website.
16.1 Provisions of this contract which either are expressed to survive its termination or from their nature or context it is contemplated that they are to survive such termination shall remain in full force and effect notwithstanding such termination.
17 No Agency
17.1 IVHE and the Member accept that IVHE is providing an information service and neither party is acting as agent or principal for the other at any time.
18.1 In the event of a dispute between the parties to this Agreement IVHE reserves the right to refer the dispute to an Expert for the Expert's determination. IVHE shall request that the current Chairman of the Society of Expert Witnesses shall appoint an expert appropriate to the nature of the dispute. Fees incurred by the Expert shall be payable by the Member and IVHE jointly.
19.1 The headings in this agreement are inserted for convenience only and shall not affect the construction or interpretation of this agreement.
19.2 In the event of any conflict between this Agreement and any other document issued by IVHE this Agreement shall have precedence.
19.3 IVHE reserve the right to alter these terms and conditions in its sole discretion.
20 Third Parties
20.1 Unless expressly provided in this Agreement, no term of this Agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to this Agreement.
21 Intellectual Property
21.1 IVHE web site and all of its content, is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws. All individual elements making up the site are copyrighted work. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the site. Copying any content from this site to any other site, or reselling, distributing, or publishing that content in any way is strictly prohibited without the prior consent of IVHE ltd.
21.2 Any photos and description submitted become the property of IVHE ltd and may be used for promotional or other purposes by IVHE LTD.
22 Governing Law
22.1 This Agreement shall be governed by the law of England and Wales.
22.2 Any disputes arising in relation to this agreement or the provision of the Services shall be subject to the exclusive jurisdiction of the English Courts.