Terms of Use - Intervac Trust Agreement
Definitions
In these Rules unless the context otherwise implies:
- "Board" means the Board of Directors of Intervac.
- "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.
- "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.
- "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.
- "Home Country" means the country of normal residence (at least six months per year) of a Member in which his principal home is situated.
- "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.
- "Home Exchange Agreement" means an agreement for Home Exchange in Standard Form entered into by Members and Notified to Intervac.
- "Intervac" means Intervac International and includes its Representatives.
- "Member" means a member of Intervac who has registered a listing on the Database.
- "Negotiation" means any negotiation conducted orally, by email or in writing.
- "Notified" and "Notification" means in relation to a Home Exchange Agreement notification of such Agreement to Intervac or a Representative.
- "Pet" means a dog, cat or other pet and includes any animal or bird that might occupy a Member's property, garden or surroundings.
- "Property" includes homes, vehicles and all other forms of Members' property.
- Representative" and "National Representative" means an Agent or Local Organiser of Intervac.
- "Rule" means a rule or clause of these terms of use and this agreement.
- "Standard Form" means the standard form of Home Exchange Agreement provided by Intervac.
- References to the plural include references to the singular and vice versa.
- References to any gender include references to all other genders.
- Headings are for convenience only and do not affect the interpretation of any Rule.
Fundamental Principles
- 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;
- a Member must ensure that his home offered for exchange is fully and accurately described and illustrated on his listing;
- 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;
- a Member must be courteous and hospitable in all his dealings with other Members and must be responsive to all reasonable requests.
- Member may not act in a manner that brings Intervac or home exchanging into disrepute.
Cancellation
- 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.
- Member shall inform his National Representative before cancellation of a Home Exchange Agreement including the reasons for the cancellation.
Consequences of Invalid Cancellation
- 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.
Complaints
- If two Complaints are made against a Member he shall be liable to termination of his membership at the discretion of the National Representative and the Board.
Member's Offer Home
- Member must ensure that his home offered for exchange
- is available for exchange;
- is fully insured for fire, theft, burglary and, so far as is possible, accidental damage;
- is clean; and
- contains all the facilities described in his listing.
Motor Vehicles
- 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.
Respect for Property
- 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;
- 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;
- Members must accept responsibility for any uninsured damage caused by them to the Exchanged Property.
Pets
- 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.
- Members must apply high standards of care to Pets.
Home Country
- 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.
Currency of Listing
- Member is responsible for ensuring that his listing is kept current and up to date.
Use of Database
- Member may use the 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.
Confidentiality
- Member shall keep confidential at all times all information obtained on the Database and all other information obtained from Members.
Responsibility for negotiations
- Members accept that they are solely responsible for all negotiations for Home Exchange with other Members.
Fees
- A Member must pay reasonable fees to a National Representative and upon such payment his listing will be activated by the Representative.