Rules of Intervac

CODE OF CONDUCT

General

  1. A Member acknowledges that when entering into and undertaking a Home Exchange, the Member will be subject to, and must comply with, the terms of this Code of Conduct. A Member must ensure that any Negotiation with other Members is conducted in good faith with an intent of Home Exchange  and that he is open, truthful, fair and reasonable in all such Negotiations;
  2. A Member must ensure that his home offered for exchange is fully and accurately described and illustrated on his listing and must ensure that keep his exchange partners up to date with any conditions is his home or neighbourhood that might affect him ;
  3. A  Member must be courteous and hospitable in all his dealings with other Members and,  in particular, must make arrangements to;

    4. (a) Provide instructions in advance for caring for his home and, where appropriate, pets

    (b) Make his home ready for exchange partners by providing storage space for both food and possessions, clean sheets and towels and all other amenities promised.

    (c) Where appropriate provide reasonable introductions to neighbours;

    (d) Leave emergency contact information for repairs and medical and other emergencies.

    (e) Provide easily accessible arrangements for keys with appropriate back up.

    Communications

  4. Members must be responsive to all reasonable requests and in particular undertake to

    5. (a) check the email account associated with their listing regularly;

    (b) reply to all home exchange enquiries;

    (c) limit the number of enquiries sent per day to ten per exchange destination; and

    (d) follow up on all replies received.

    Cancellation

  5. A Member may not cancel a Home Exchange Agreement without a valid reason such as death, illness or other unforeseen circumstances beyond the Member’s control.
  6. A Member shall inform his National Representative before cancellation of a Home Exchange Agreement including the reasons for the cancellation.

    7. Consequences of Invalid Cancellation

  7. A Member shall be responsible for any costs incurred by another Member as a result of cancellation of a Home Exchange Agreement without a valid reason and, at the discretion of the National Representative and the Board, shall be subject to termination of his membership.

    8. Member’s Offer Home

  8. A Member must ensure that his home offered for exchange

    9. (a) is available for exchange;

    (b) is fully insured for fire, theft, burglary and, so far as is possible, accidental damage;

    (c) is clean secure and well maintained; and

    contains all the facilities  described in the relevant listing.

    Motor Vehicles

  9. A Member must ensure that any vehicle offered for exchange is in good working order, legally compliant and, except as is notified to and agreed with the exchanging Member, comprehensively insured.

    10. Respect for Property

  10. Members must ensure that they respect each others' Property at all times and in particular and without prejudice to the generality of the preceding words;

    11. (a) Members must ensure that they keep the Exchange Property reasonably secure at all times and comply with the terms of any applicable insurance policies both in this respect and in respect of any other insurance condition communicated to them by the owner;

    (b) Members must accept responsibility for any uninsured damage caused by them to the Exchanged Property.

    Pets

  11. Prior to any Home exchange members must inform other members what Pets require caring and the necessary arrangements in place or required to be undertaken by the visiting Member.
  12. Members must ensure that any Pets are, so far as is possible, free of vermin including worms and fleas, vaccinated and otherwise free of health risk and clean. Members must also ensure that areas of the home to which pets have access are cleaned.
  13. Members must apply high standards of care to Pets.

    14. Definitions

  14. In these Rules unless the context otherwise implies:

    15. (a) “Board” means the Board of Directors of Intervac.

    (b)  “Database” means the Intervac international database operated at the domain names intervac.com and intervac-online.com and any other domains on which the Database may be maintained from time to time.

    (c) “Exchanged Property” means any Property which Members have agreed to exchange and which is occupied or used during the exchange and in particular and without prejudice to the generality of these words Property that is the subject of a Home Exchange Agreement.

    (d) “Home Country” means the country of normal residence (at least six months per year) of a Member in which his principal home is situated.

    (e) “Home Exchange” means the process of exchanging homes for vacation or holiday purposes or of providing rental, hospitality or other services facilitated from time to time on the Database.

    (f) “Home Exchange Agreement” means an agreement for Home Exchange in Standard Form entered into by Members and Notified to Intervac.

    (g) “Intervac” means Intervac International and includes its Representatives.

    (h) “Member” means a member of Intervac who has registered a listing on the Database.

    (i) “Pet” means a dog, cat or other pet and includes any animal or bird that might occupy a Member’s property, garden or surroundings.

    (j) “Property” includes homes, vehicles and all other forms of Members’ property.

    (k) “Representative” & “National Representative” means an Agent or Local Organiser of Intervac.

    (l) References to the plural include references to the singular and vice versa.

    (m) References to any gender include references to all other genders.

    (n) Headings are for convenience only and do not affect the interpretation of any Rule.

INTERVAC TRUST AGREEMENT

Fundamental Principles

  1. A Member must be fair and honest in all his dealings with Intervac and other Members and in particular and without prejudice to the generality of the preceding words;

    2. (a) a Member must ensure that his home offered for exchange is fully and accurately described and illustrated on his listing;

    (b) a Member must ensure any Negotiation with other Members is conducted in good faith with an intent of Home Exchange and that he is open, truthful, fair and reasonable in all such Negotiations;

    (c) a Member must be courteous and hospitable in all his dealings with other Members and must be responsive to all reasonable requests.

  2. A Member acknowledges that when using the Intervac Database, the Member will be subject to, and must comply with, these Terms of Use.
  3. A Member acknowledges that when undertaking a Home Exchange, the Member will be subject to, and must comply with, the Intervac Code of Conduct.
  4. A Member may not act in a manner that brings Intervac or Home Exchange into disrepute.

    5. Commencement

  5. These Terms of Use commence on the date on which the Member indicates on the Intervac website that a Member agrees with and accepts the Terms of Use, and these Terms of Use shall continue in effect for the duration of the Membership unless terminated in accordance with clauses 31 to 33.

    6. Complaints

  6. If two Complaints are made against a Member he shall be liable to termination of his membership at the discretion of Intervac.

    7. Home Country

  7. A Member must register on the Database under his Home Country. A Member may list a second home or holiday home situated outside his Home Country.

    8. Currency of Listing

  8. A Member is responsible for ensuring that his listing is kept current and up to date.
  9. Members have the right and the obligation to instruct Intervac to correct any incorrect or inaccurate information held in the Intervac Database and inform Intervac in writing of any changes to that information.
  10. The information contained in the Intervac Database is derived from information supplied by various sources and Members acknowledge and agree that Intervac does not represent or make any warranty in respect of the accuracy, reliability and/or completeness of information contained in the Intervac

    11. Database.

  11. Intervac does not represent or make any warranty in respect of the accuracy, reliability, completeness, currency or continuous supply of information contained in the Intervac Database and expressly disclaims any and all warranties, express or implied, to the extent permitted by applicable law.

    12. Use of Database

  12. A Member may use the Intervac Database for the purpose of negotiating Home Exchange and for no other purpose. A Member contravening this Rule is subject to immediate termination at the discretion of the National Representative and the Board.
  13. The use of the Intervac Database by a Member in no way creates any right or entitlement on the part of the Member to make any claim against Intervac.

    14. Responsibility for negotiations

  14. Members accept that they are solely responsible for all negotiations for Home Exchange with other Members. Home Exchange Agreement
  15. Upon agreeing to a Home Exchange, members shall enter into a Home Exchange Agreement.
  16. Any loss or damage arising from a Home Exchange is a matter to be dealt with between the Members in accordance with any agreement reached between the members and should be dealt with in the terms of their Home Exchange Agreement.

    17. Member Acknowledgements

  17. A Member acknowledges and agrees that:

    18. (a) Under no circumstances shall Intervac be liable for any loss or damage arising out of, or in connection with a Home Exchange, the Intervac Database, these Terms of Use or any additional service.

    (b) Intervac provides the Intervac Database and the Information and Data provided therein without any warranty or condition, express, implied or statutory including without limitation, any implied warranty of merchant ability or fitness for a particular purpose or implied warranties arising from course of dealing or course of performance or any warranties or guaranties of timeliness, accuracy, reliability or content of any information or service provided through the Intervac Database.

    (c) Intervac is in no way liable for any acts or omissions of its Members.

    Indemnity

  18. The Member indemnifies Intervac, its owners, affiliates or subsidiaries, and their respective officers, directors, independent contractors, employees, agents or donors, against any damage, whether direct, indirect, special or consequential suffered by a Member as a result of:

    19. (a) any use of the Intervac Database by the Member;

    (b) the Member entering into any contracts, agreements or arrangements with third parties in reliance on representations made by Intervac;

    (c) any third party who gains authorised or unauthorised access to or otherwise makes use of the Intervac Database through the Member's Membership Number and password; or

    (d) any technical problems with Intervac's computer hardware or software.

  19. To the extent permissible by law, the Member indemnifies Intervac and Intervac's employees, agents and representatives from and against claims which may be brought against Intervac and Intervac's employees, agents or representatives, and arising directly or indirectly out of or in connection with these Terms of Use, including without limitation:

    20. (a) any acts of its Members;

    (b) any inaccuracy of a representation or breach of a warranty made by a Member;

    (c) any information provided by a Member to Intervac;

    (d) any use by Intervac or any third party of any information supplied by the Member;

    (e) any third party who gains authorised or unauthorised access to or otherwise makes use of the Intervac Database through a Member's username and password; and

    (f) any breach by a Member of these Terms of Use.

  20. The indemnities in these Terms and Conditions are:

    21. (a) continuing obligations of the parties, separate and independent from their other obligations and survive the termination of these Terms of Use; and

    (b) absolute and unconditional and unaffected by anything that might have the effect of prejudicing, releasing, discharging or affecting in any other way the liability of the party giving the indemnity; and

    (c) Any losses incurred in connection with the use of the Intervac Database should be recovered against the Member responsible for the loss, not Intervac.

    Intervac's Rights and Responsibilities

  21. Intervac will use its reasonable endeavours to ensure that the Intervac Database is available to the Member for access at all times during the operation of the Intervac Database. Except for occasional periods of maintenance, the Intervac Database is to be available 24 hours a day, 7 days a week. However, Intervac reserves the right to make the Intervac Database unavailable from time to time for any reason and will not be liable directly or indirectly, for any damage or loss caused by the inability to access the Intervac Database.
  22. Intervac does not warrant that the Intervac Database is free of bugs or errors.
  23. Intervac is not responsible for any damage to any computer systems or loss of any data that may result from access to the Intervac Database.
  24. Intervac is not responsible for the content, availability or reliability of websites that are linked to the Intervac Database.
  25. Intervac shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource.

    26. Confidentiality

  26. A Member shall keep secure, private and confidential at all times all information obtained on the Database and all other information obtained from Members.
  27. Neither party will, without the prior written consent of the other party, disclose or use the Confidential Information other than in connection with these Terms of Use, or in any way that would be detrimental to the other party.
  28. A Member is responsible for keeping confidential the Member's username and password and a Member must immediately notify Intervac in writing if it believes the confidentiality of the username and password is or has been compromised.

    29. Termination

  29. A Member agrees that Intervac, in its sole discretion, may terminate these Terms of Use, terminate or suspend any account (or any part thereof) or use of the Intervac Database, and/or permanently or temporarily remove and/or discard any Content within the Intervac Database, for any reason, including, without limitation, lack of use or if the Intervac determines that a Member has violated or acted inconsistently with these Terms of Use.
  30. Upon termination of these Terms of Use by the Intervac for any reason, a Member shall remain liable for full payment of fees and other amounts payable through the effective date of termination. Upon suspension of these Terms of Use or any Member privileges, a Member shall remain liable for full payment of applicable fees.
  31. Intervac agrees that a Member, in its sole discretion, may terminate these Terms and Conditions for any reason upon at least sixty (60) days’ prior written notice to Intervac. Upon termination of these Terms and Conditions by a Member for any reason, the Member shall forfeit and Intervac shall keep all fees and other amounts paid to Intervac and the Member shall pay to Intervac all fees and other amounts due to Intervac through the end of the then current Term as if the Member had not terminated the Term.

    32. Fees

  32. A Member must pay reasonable fees to a National Representative and upon such payment his listing will be activated by the Representative. All payments are non-refundable.
  33. If a Member ceases to use the Intervac Database for any reason, the National Representative is under no obligation to refund any fees paid.
  34. A Member is liable for any and all fees incurred as a result of any use of the Intervac Database whether authorised by the Member or not.

    35. Modification of Terms of Use

  35. Intervac reserves the right, in its sole discretion, to augment, segment, reformat, reconfigure, delete elements of, or otherwise modify at any time the content or methods of transmission of the Intervac Database or create new types or versions of the Intervac Database, or to modify these Terms of Use or create new types or versions of these Terms of Use. Any such modification takes effect at the time specified by Intervac and without the Member's prior consent.
  36. It is the Member's responsibility to check the Intervac website from time to time to find out about any modifications. Where a modification to the Terms of Use is considered by Intervac to be material, Intervac will, as soon as reasonably practicable, notify the Member of such modifications by placing a notice to this effect on the Intervac website.

    37. Governing Law

  37. The construction, interpretation and enforcement of these Terms of Use shall be governed by and construed in accordance with the laws of England.

    38. Definitions

  38. In these Rules unless the context otherwise implies:

    39. (a) “Board” means the Board of Directors of Intervac.

    (b) “Complaint” means a complaint made by a Member to a Representative that is upheld by the Board to the effect that another Member’s actions are in contravention of these Rules.

    (c) "Confidential Information" means the terms and conditions of these Terms of Use and all information provided by one Member to another Member in accordance with the provisions of these Terms of Use.

    (d) “Database” means the Intervac international database operated at the domain names intervac.com and intervac-online.com and any other domains on which the Database may be maintained from time to time.

    (e) "Dispute Notice' means a notice issued in accordance with clause 41.

    (f) “Exchanged Property” means any Property which Members have agreed to exchange and which is occupied or used during the exchange and in particular and without prejudice to the generality of these words Property that is the subject of a Home Exchange Agreement.

    (g) “Home Country” means the country of normal residence (at least six months per year) of a Member in which his principal home is situated.

    (h) “Home Exchange” means the process of exchanging homes for vacation or holiday purposes or of providing rental, hospitality or other services facilitated from time to time on the Database.

    (i) “Home Exchange Agreement” means an agreement for Home Exchange in Standard Form entered into by Members and Notified to Intervac.

    (j) “Intervac” means Intervac International and includes its Representatives.

    (k) “Member” means a member of Intervac who has registered a listing on the Database.

    (l) “Negotiation” means any negotiation conducted orally, by email or in writing.

    (m) “Notified” and “Notification” means in relation to a Home Exchange Agreement notification of such Agreement to Intervac or a Representative.

    (n) “Property” includes homes, vehicles and all other forms of Members’ property.

    (o) “Representative” & “National Representative” means an Agent or Local Organiser of Intervac.

    (p) “Rule” means a rule or clause of these terms of use and this agreement;

    (q) “Standard Form” means the standard form of Home Exchange Agreement provided by Intervac.

    (r) References to the plural include references to the singular and vice versa.

    (s) References to any gender include references to all other genders.

    (t) Headings are for convenience only and do not affect the interpretation of any Rule.