Terms and Conditions

For access and use of the web site mytwinplace.com

IMPORTANT

The following terms and conditions (these “Conditions”) govern (i) the access to and/or use of the website MYTWINPLACE.COM (the “Website”) and (ii) the purchase and access to and/or use of the software and the services provided thereon (the “Services”) as described below. Any person (a “User”) who uses and/or accesses the Website thereby indicates that he/she is not under the Age of 18 and is able to enter into legally binding contracts and understands and agrees to these Conditions. Please read these Conditions carefully as your access to and use of the Website and your purchase and access to and/or use of the Services means that you have read, understand and accept, without reservation, these Conditions.

In some cases, purchase and access to and/or use of specific content or services accessible through the Website may be subject to specific conditions that complement or modify the present Conditions. These specific conditions are accessible from the web page containing the content or services to which they relate or are provided when such content or service is accessed. The specific conditions will always prevail over these Conditions.

The Website is managed by MyTwinPlace SL (“Mytwinplace.com”) registered in Spain, with VAT number B – 65889792 and with corporate address at Calle Ali Bei 59 E 2º BARCELONA. If you have any comment on this Policy, please go to feedback or send an e-mail to info@mytwinplace.com.

  1. GENERAL

1.1. Through the Website and the web pages located in it, the User may access the Services made available by the Provider as described in these Conditions. These Conditions govern the use of the Services by the User as described herein and constitutes a binding agreement between the Provider and User who indicates that he/she understands and agrees to these Conditions and consents to the operation of the Services. If in some cases it is necessary to fill a registration form or provide some data in order to purchase and/or use and/or access specific Services, the registration process and the data processing will be carried out in accordance with the Provider’s privacy policy. All data provided shall be processed under the provisions of the applicable Data Protection laws.

1.2. User undertakes to access and/or use the Website and its Services in accordance with these Conditions, the Provider’s privacy policy, applicable law and accepted principles and practices, indemnifying the Provider and any third parties for any loss or damage that may be caused by User as a result of breaching these obligations.

1.3. In accordance with these Conditions, the Provider’s Services consist of matching properties and publishing listings on the Website to facilitate home exchanges between Users. The Services will include the User’s home information, the reference in order to contact the other User, the points available for using the Services, the pictures provided by the User and the location (among other information which may be include from time to time). The information listed will be provided by registered Users according to the required fields by the Provider. Services will include also the appropriate tools to allow searching possible matches for Users wishing to exchange their homes through the Services. The home exchanges proposed through the Website are purposed to be temporary and for vacation purposes and its conditions (time, duration, etc) shall be agreed among the Users.

The Provider does not guarantee that User will arrange home exchanges through its Services, that the User will be able to use the points generated in the Services and/or it does not verify the accuracy of the information posted on the Website by other Users with respect to the houses made available for exchange. Provider does not track or review communications accuracy between Users so it does not guarantee any of the information exchanged through the Services.

  1. SUBSCRIPTION, POINTS AND COSTS

2.1 The Services will be free to join and free to list a property. However, the use of the Services when exchanging a user’s property is subject to the points system described in the section 2.2. The point system is designed to act as an intermediary marketplace only to facilitate the Exchange of nights among the community.

2.2. The Services will be governed by a points system based on the following principles:

– The points for the use of the Services will be earned by Users when allowing other members from the community to use the properties listed on the Services. The points will be calculated on a daily basis. The User will then be able to use the points earned on the Services for using other users properties up to the points available on the User’s account and the points necessary according to the host’s property point value. When the User has insufficient or no points on its account will be able to request the booking of a property with other Users in the Services. The requested points work as sort of “travel credit” which the User must return by hosting other Users in his/her property when available.

– The amount of points earned/to be charged by/to a User for a daily use of each property listed on the Services will be calculated according to either: (i) the value set up for the property in the Services on other vacation rental sites where the property is available; or (ii) the value assigned by MyTwinPlace for the property which will be calculated according to market value criteria or (iii) the value assigned by the User.

– When implementing the point system or when joining the Services each User will be granted with points equivalent to seven (7) nights use of the Services according to the value given by MyTwinPlace to the property or properties listed by the User. At MyTwinPlace discretion the points granted to a User may be limited, restricted or removed in case of detecting any kind of misuse of the Services or any kind of fraud when listing the properties.

Once the booking is confirmed by the Guest and the Host, MyTwinPlace will debit from the Guest points account, the number of Points for the total stay and MyTwinPlace will credit the Host points account the number of Points for the total stay.

– The point system implemented by MyTwinPlace does not constitute a payment system (and do not have any economic value) but a Services management system and will not be valid out of the platform and/or the Services. The points earned or owned by a User in the Services shall not be considered as an economic asset or remuneration for its Services and shall not generate a right to receive any money or economic compensation (different from the right to use the Services).

– MyTwinPlace reserves the right to award Users with additional points as part of loyalty programs which may be engaged from time to time. In particular, Users may be awarded with additional points to complement its balances when required for a certain home exchange or use of the Services. Such award will never be over the 100% of the points already owned by the User and will be subject to MyTwinPlace specific approval and these Conditions.

– Points are not transferable between Users and they cannot be part of any economic deal among them. Users shall not, in connection with the Services, engage, promise or deal in whatsoever manner with the points with another Users or seek any payment for its use. Impersonation or lending User’s account for usage of the points is neither allowed.

– Users shall commit to use the Services in good faith and subject to these Conditions. Therefore, a User shall not take profit of the Services by having a negative balance on his/her points account, except for temporary situations. Therefore, when using the Services and spending the points available on his/her account the User shall take the appropriate measures to avoid having negative balances for more than 6 months. The User shall allow another member of the community to use the properties listed on the Services in order to accrue the relevant positive balance on his/her account.

– The points generated in the Services will have a limited duration of 3 years. When this period has elapsed since the points were generated they will be automatically removed from the Users accounts.

– In addition to the liability and the remedies described in these Conditions MyTwinPlace reserves the right to take appropriate measures to ensure that Users host other Users when owing points to the system. User’s not honoring its obligations to other Users and the point system in the Services shall be considered in breach of these Conditions.

2.3. Fees for the Services: Only when an exchange agreement between a guest and a host of our community is closed, €9,99 will be paid per night by the guest to the Website. All fees are stated inclusive of VAT.

  1. REFUND POLICY

3.1 In the rare event that one member wants to change any aspect of the accommodation agreement once this have been already confirmed for both sides, he/she undertakes to contact their hosts who have made an agreement in relation to that home exchange to obtain their agreement to the change. If their hosts refuse the change, they (hosts) are entitled to a full refund of MyTwinPlace service fee.

3.2 To submit a valid claim for a refund, a member is required (a) to bring the exchange Agreement Issue to our attention within 48 hours after they are notified by the other member and respond to our requests for information or cooperation, (b) not have directly or indirectly caused the exchange Agreement Issue and (c) to have used reasonable efforts to try to remedy the circumstances of the Agreement Issue with the Host prior to making a claim for a Travel Issue.

Our Refund Policy is available to all MyTwinPlace members who have agreed and confirmed their home exchange on the site, no matter the destination they’re traveling to or their country of residence.

  1. USER REGISTRATION AND SECURITY

4.1. User must register for using the Services providing all required information as indicated in the appropriate form made available on the Website. The User will fill the username and e-mail address. The provider will request the User to create an appropriate password to allow access to the Services. The password introduced shall follow some requirements to ensure the security of the access. The User shall ensure to keep its username and password secret and confidential as they will be the elements to gain access to the User area thus User accepts that the Provider assumes the access and the actions performed under the User’s account are legitimately done by the User. The User must notify the Provider immediately if the User is aware that the username or password has been compromised or that there has been unauthorized use of the User account.

4.2. The Provider will implement all available techniques to ensure that any data transmission holds the current standards of security for Internet based activities. However, the User must be aware that no data transmission over the Internet is absolutely secure and it depends mostly on the User’s usage of the network and its computer. In consideration of this the Provider cannot warrant the security of any information transmitted through the Website and/or the User’s computer.

In any case the User must not and shall ensure not to upload or transmit any files that contain viruses, corrupted files, Trojan horses, malicious code, or any other similar software or programs that may harm the operation of another’s computer or gain otherwise unauthorized access to the computer.

  1. PERSONAL DATA PROCESSING

Personal data processed by the Provider through the Website and the Services is subject to the Provider’s privacy policy. Please follow and review Provider’s privacy policy from time to time. User must provide when registering with complete and updated information to access and/or use the Services (such as name, e-mail, home details, etc).

  1. COPYRIGHT AND INTELLECTUAL PROPERTY

6.1 Copyright © Mytwinplace.com All rights reserved. All Services including, in particular but without limitation, the Software, text, images, graphics, animations, banners, sounds, files, software, databases, videos, trademarks, domain names, logos, combinations of colors, or any other element of the Website, its structure, source code or design is, save where expressly indicated, the exclusive property of Provider or its licensors. Provider reserves all rights in the Website, in the Software and/or in the Services, authorizing only the access and/or use as expressly permitted by these Conditions. If the User considers that the use of any Services protected by copyright and other intellectual or industrial property laws may infringe his/her rights or the rights of any other person or entity, the Provider would appreciate it if the User could inform it as soon as possible by going to the following e-mail address info@mytwinplace.com. The Provider would be pleased if the User could state his/her name, email address, and the rights that might be infringed giving evidence of the ownership of said rights. Once the form is received, the Provider will investigate the matter and answer the User as soon as possible.

Subject to the User’s acceptance and continued compliance with these Conditions, Provider hereby grants User with access to and use of, on a non-exclusive basis, the Website and the Software on any device capable of access to the Internet and of running the Software, solely for private, non-commercial purposes, subject to these Conditions and any applicable laws. Save for the right to use the software expressly provided for in these Conditions and in particular in this Software License, all title to and rights in the Software including without limitation all copyright and other intellectual or industrial property rights remain the property of the Provider or its affiliates or licensors.

6.2 This License is granted for the User’s private use only. This License is for the sole purpose of enabling User to use and enjoy the Services offered by the Provider, in the manner permitted by these Conditions. No User or other person may sell, rent, lease, distribute, transfer, assign, sublicense or otherwise deal with the content of the Website or any of the rights granted under this License.

User or any third party may not modify, manipulate, transform, copy or reproduce in any non-transitory form, publish, disclose, extract, imitate, create derived concepts, decompile, decode, reverse engineer, transfer, transmit, rent out, distribute, license, sublicense, sell or otherwise deal with the Services or the content or any rights in the same, except with the express written authorization of Provider and/or its relevant licensors. In any case, it is forbidden to circumvent, delete or manipulate the copyright, digital fingerprints, watermarks or other technical protection devices or data identifying the Provider’s or its licensors’ rights in the Website or the Software or the Payment Platform or the Services.

6.3 The Provider makes no warranty or representation that the Services will meet the User’s requirements or that the operation of the Website or the Services, information provided or connection to any content or the Internet will be uninterrupted or error free.

6.4 By using the Services and including its home in the Website the User hereby grants Mytwinplace.com with a non-exclusive, royalty free license for using the information and the content provided for the sole purpose of providing its Services and showing such content to other registered Users. In addition to that, the User hereby grants the Provider with the necessary rights to randomly use some of the content for the purposes of promoting the Services among potential users and organizing marketing campaigns. These licenses shall be valid until the relationship is terminated by either of the parties. User shall hold all necessary rights for granting such license and will indemnify the Provider in case of breach of any provisions that will contravene this license granted.

6.5. Should User be interested in any transaction or commercial activity in connection with the Services, please address your request to the following e-mail address info@mytwinplace.com.

  1. USER WARRANTIES AND OBLIGATIONS

7.1 User represents, warrants, and undertakes that:

  1. User is a person of legal age in accordance with the laws of the place of connection, or otherwise has the approval of an adult, the legal guardians or tutors to access and use the Website and/or the Services.
  2. User holds all necessary rights and authorizations to use and enter into the usage of the Services and mainly legally exchange its home. In particular the User shall not be prohibited or prevent by any legally binding obligations which may limit him/her to offer his/her home for exchange to other Users. The User shall indemnify other Users and the Provider for any damages which may result of this obligation breach. Some of the possible indemnifications and remedies are described in the best practices conditions described in Section 6.2.
  3. All data provided by the User for registration, if any, is true, accurate and complete. The User should, when appropriate, use the facilities provided on the Website in order to make any necessary change, amendment or update to the User’s data. User shall fulfill true, correct and update information as requested in the Services. Spelling or formal mistakes when implementing the information will be the sole responsibility of the User. You agree not to post or transfer to this Website (nor include in any message) any material which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of Mytwinplace.com or any other parties computer system. In the event that you do post or transfer any such material to this website your registration to the Mytwinplace.com Services may be revoked. You agree to indemnify us in respect of any liabilities, losses, expenses or other costs whatsoever incurred as a result of a breach of your obligation under this provision, including, but not limited to any claims made against us by any third party. Mytwinplace.com reserves the right to withdraw any material posted on the Website without notice or formality.
  4. User has read and accepts all the technical requirements necessary for running the Website and the Services;
  5. User hereby agrees that all fraud and misuse of the Website and the Services (include by third Users with whom home exchange has been undertaken) will be promptly reported to Provider. Likewise, the User agrees that any dispute arising from the Services will be reported to Provider as soon as possible by going to the contact methods as made available in the Website from time to time.
  6. Usage restrictions: User accepts not to use the Services or any part whatsoever: (i) for use the Services other than for personal, private use (any use for professional purposes shall be expressly authorized by the Provider and subject to the relevant Agreement); (ii) to defame, abuse, molest, harass, threaten or in any other way infringe any right of any other user or any other person; (iii) for communicating, processing or using in any other manner any information or content which infringes the rights of others, or is illegal in any way, or is in breach of intellectual or industrial property rights, including any copyright, patents, trade names, image rights, publicity rights or privacy rights; (iv) to promote third party services different from the Services or to send commercial communications, spam or similar messages to other Users or third parties; (v) Selling, leasing, renting, dealing in any non-authorized manner or taking any economic profit different from the personal use allowed for the Services with the points available in the Services.
  7. Members take sole responsibility for any and all agreements reached through use of the Services and, in particular, Users assume any consequences and liability for the home exchange performed. The Provider shall not be held responsible for any loss or damage that occurs as a result of any home exchange or for any loss or damage incurred as a result of partners opting out of a previously agreed home exchange, inaccuracy of information provided by the User or for unfulfilled expectations from the Services that the User may have.

7.2. In addition to such conditions concerning the Services, the User shall commit to best practices which are necessary to warrant that the home exchange experience results satisfactory. The best practices which the User shall adhere to are the following (this list is for information purposes and is not exhaustive):

– User shall leave his/her house in a clean and sanitary condition for his/her exchange partner.

– User shall treat other Users and their homes with courtesy and respect. This includes home and belongings, which should be treated as the User’s own.

– User shall leave other User’s home in as good or better condition than it was when entering.

– User shall notify his/her exchange partner of any damage and offer to replace, repair or pay for same. The possible damages and contingencies covered by our exchange insurance are described in our section Trust and Safety.

– User shall honor all obligations relative to the exchange, in particular with the property conditions, dates agreed and communications with regards to possible cancellations or modifications. Cancellations or modifications on the exchange agreement will only be under the most compelling and justified circumstances, which may prevent the User from executing its obligations. In case the User is forced to cancel or change the exchange, User shall make every effort to accommodate or find accommodations for his/her exchange partner. MyTwinPlace will not refund the User that cancels, but only the other party will have the right to request the refund of the Total Fees for such exchange agreement. Some of the indemnifications and remedies are described in Refund Policy described in Section 3.

– If a Guest cancels a booking which has already been accepted and confirmed by the Host, the number of Points returned to the Guest will be determined in accordance with the Points cancellation policy set out and described in the section 3.

If the Host cancels a booking which has already been accepted and confirmed by them, MyTwinPlace will immediately retrieve the number of Points credited to the Host account for this booking.

– User shall provide accurate and sufficient information on the home and accommodation premises, as well as the belongings included in order to avoid misleads or any dispute which may be originated after the stay. Additionally Users shall not use the information available from others for different purposes of using the Services and must assume all liability for use of any information included in the Website and/or the Services.

  1. LIABILITY

8.1 To the maximum extent permitted by applicable law, and provided that liability shall not be excluded or limited in respect of malicious intent or gross negligence, access to and/or use of the Website or any of the Services as well as the downloading, installation and/or use of the Software are the sole responsibility of the User. Provider accepts no liability for any inappropriate use at Provider’s own criteria that the User may make of any of the Services or the Software. User will indemnify Provider and hold Provider harmless from and against any claim, loss, damage or liability (including legal fees and costs) arising out of: (a) User’s use of the Website, the Software or any Provider Services; (b) any breach by User of any obligation or warranty under these Conditions including, but not limited to, the matters listed in these Conditions; and/or (c) any matter relating to any User lawfulness.

8.2 The Website and the Services are provided “as is” without any warranty of any kind, either express or implied, including, without limitation any warranty of merchantability and/or fitness for a particular purpose. Provider makes no warranty or representation that the Website will meet User’s requirements, that the User will be able to use its points or that access to and/or use of the Website will be uninterrupted, without delay or error. The User must understand that the Services are based upon offering opportunities and experiences not available on ordinary tourist exchange, so there can be personal, cultural and language differences which should be considered and overcome by the User, who should be considered sole responsible for addressing any of such issues.

8.3 Due to the Internet’s current state of art and the available Users on the Services, Provider cannot guarantee that the Services and Internet are error free or fully available. Therefore, Provider does not guarantee that the use of the Services will result in the type, quantity or quality that the User may expect.

8.4 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVIDER HEREBY EXCLUDES ALL LIABILITY IN RESPECT OF:

  1. a) LOSS OR DAMAGE, LOSS OF PROFITS AND ANY OTHER LOSSES, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL;
  2. b) ANY CLAIM MADE AGAINST THE USER BY ANY THIRD PARTY;
  3. c) DAMAGE, CLAIMS OR LIABILITIES ARISING OUT OF ANY OF THE FOLLOWING:

(i) LIABILITY TO ANY EMPLOYER, PRINCIPAL, CLIENT, OR LESSOR OR PROVIDER OF COMPUTER EQUIPMENT OR FACILITIES, ARISING OUT OF THE INSTALLATION OF, USE OF, OR ACCESSING OF ANY SERVICES;

(ii) ANY CHARGES WHICH THE USER MAY INCUR TO ANY TELECOMMUNICATIONS SERVICE OR NETWORK OR ANY CONTENT PROVIDER.

8.5 Provider shall not be liable for any failure or delay on the part of Provider attributable to factors outside its reasonable control, including without limitation any failure, interruption, delay or error in any transmission network, software or hardware; action or failure to act by any third party; and government or regulatory intervention, as well as cases of force majeure including: floods, fires, earthquakes, other natural disasters, war, acts of terrorism and similar.

8.6 Provider reserves the right to suspend, restrict, modify or update the Website and the Services unilaterally, at any time and without prior notice. Likewise, Provider reserves the right to suspend or terminate access to the Website and the Services unilaterally to any User or Users, at any time and without prior notice, whenever Provider considers at its own criteria that the User has breach these Conditions or any applicable law or regulatory provision. Additionally to the User’s suspension on the Services the Provider may start any legal proceedings (including a denounce to Law Enforcement Agency, Courts or any competent body) which may deem appropriate in order to defend its lawful and legal interests as well to prevent any User from breaching any applicable law or regulatory provision. Provider will not be liable for any loss or damage resulting from the adoption of such measures. At the termination of these Conditions, the User shall stop accessing the Website and using the Services.

  1. ASSIGNMENT OF THESE CONDITIONS

Provider may at any time assign either in whole or in part, these Conditions or any of its rights, duties or obligations in these Conditions to any entity without obtaining the prior consent of the User. If User does not agree to such variation, his/her sole remedy shall be to terminate the access and use of the Website and of the Services.

  1. CHOICE OF LAW AND COMPETENT COURTS

10.1 If User is not a consumer or even if a consumer then, to the extent permitted by the applicable law, the jurisdiction in respect of any dispute arising out of these Conditions shall be the courts of the domicile of the Provider.

10.2 These Conditions shall be governed by and construed in accordance with the law of the domicile of the Provider, without prejudice to the mandatory rules of the Courts hearing the matter as well as mandatory consumer protection rules.

10.3 Should any part of these Conditions be or be found to be invalid, illegal or unenforceable, this shall in no way affect the validity of the remaining parts.

  1. MISCELLANEOUS

11.1 These Conditions are available in English. The conditions under which the User contracts for the service will not be stored individually. The up to date version of the Conditions will always be made available in this section. The Provider reserves the right to amend these Conditions from time to time for legal reasons or because of changes in the Website or the Software. If User does not agree to such amendment, User’s sole remedy shall be to not access and/or use the Website and the Services.

11.2 If the User breaches these Conditions and the Provider does not take any action against him/her, this does not prevent Provider from taking actions later on in respect of that or any other breach. The User agrees to indemnify and keep indemnified the Provider, its affiliates, officers, employees and agents against all claims, demands, actions, proceedings, costs, expenses, liabilities and loss suffered by the Provider, directly or indirectly as a result of any breach of the User’s obligations under this Conditions.

11.3 The Website may contain links to other sites (“Third Sites”). The Provider does not approve, recommend or endorse Third Sites or the materials, information or services available on such Sites. Therefore we encourage the Users to review, understand and agree to such Third Sites services and conditions before engaging in any agreement. The Provider will not be responsible for the services, content or privacy practices performed by such Third Sites owners.

11.4. Any notice required hereunder shall be in writing and given to the other party through the contact e-mail address info@mytwinplace.com when directed to the Provider or to User’s email address included in the User’s registration.

11.5 This Agreement, including all documents incorporated herein, constitutes the entire agreement between the Provider and the User in respect of the Services and supersedes all prior agreements, written or orally, between the parties in relation to such matter.

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