Guest Terms & Conditions

HotelSwaps – Guest Terms & Conditions

You should carefully review these Terms & Conditions prior to accepting these and using the services of the HotelSwaps programme (the “Programme”).

By accepting these Terms & Conditions, You hereby enter into a contract with HotelSwaps for Membership of the Programme as described below.

HotelSwaps® and HotelCoins® are trade names owned by HotelSwaps LTD, a limited liability company incorporated in England & Wales under registration number 9042589 and with registered address of 243 Kings Road, London SW3 5EL, United Kingdom (“HotelSwaps”), who owns the trademarks, Intellectual Property and operation of the Programme. (“HotelSwaps”)

DEFINITIONS

"Guest” means a person who has received HotelCoins from a Hotel Member through a HotelCoin Transfer, or any person who has purchased HotelCoins through HotelSwaps or any person holding a Reservation.

"Hotel” means a property or a grouping of properties composed of rooms, apartments, villas or lodges, which is licensed as a hotel, hotel apartment, B&B or other accommodation offering under its local regulations.

"Hotel Category” means a classification system utilized by the Programme, which groups the Hotel Members in 7 categories depending on the Hotel Member’s pricing, quality, location, projected Guest demand and other factors as defined by HotelSwaps from time to time.

"Hotel Information” means the collection of data, photographs and Intellectual Property provided to HotelSwaps by the Hotel Member and made available on the Website.

"Hotel Member” means a Hotel that has a current membership of the Programme.

"HotelCoins®” means the trading value of Room Nights in the Programme for each Hotel Category and Season as listed in the HotelCoin Schedule.

"HotelCoin Balance” means the current number of HotelCoins available for Reservations by a Guest. Guests can view their HotelCoin Balances on the Website.

"HotelCoin Schedule” means the pricing matrix of HotelCoins per room night related to Hotel Category and Season as determined by HotelSwaps at its sole discretion from time to time and displayed on the Website.

"HotelCoin Transfer” means a Hotel Member transferring a specific number of HotelCoins to a Guest’s HotelCoin Balance, either directly or via the HotelCoin brokerage service.

"Intellectual Property” means any intellectual property including any trademarks, company names, logos, domain names, pictures, copyrights, database rights and all rights having an equivalent or similar nature or effect.

"Membership” means the contractual relationship between You and HotelSwaps for the use of the Programme.

"Reservation” means a booking of one or more Room Nights by a Guest paid with HotelCoins.

"Reservation Fee” means a fee due from a Guest at the time of Reservation.

"Reservation Request” means a request expressed by a Guest for one or more Room Nights at a specific Hotel Member, which are not immediately available on the Website.

"Room Night” means an overnight accommodation at a Hotel Member in a standard room for double occupancy with right to access the same facilities and conditions as applied to any other hotel guest of the Hotel Member.

"Season” means a division of the Weeks of a calendar year into 3 categories (high, mid and low Season) related to a specific Hotel Member as determined by HotelSwaps at its sole discretion from time to time.

"Third Party Exchanges” means external exchange systems, private residence clubs, destination clubs and other third party interests in accommodation assets.

"Website” means www.hotelswaps.com and all Intellectual Property related hereto.

HOTELCOIN TRANSFERS AND PURCHASE

HotelCoin Transfers to Guests. HotelSwaps will following each HotelCoin Transfer (i) send an e-mail confirmation to the Guest confirming the HotelCoin Transfer including a link to the Website for further guidance for how to make a Reservation and (ii) credit the Guest’s HotelCoin Balance with the amount of HotelCoins transferred.

Purchase of HotelCoins. HotelSwaps offers a HotelCoin brokerage service whereby Hotel Members can sell their HotelCoins to certain Guests for cash. Purchase of HotelCoins is reserved for owners of hospitality assets and professionals of the hospitality industry. HotelSwaps does not guarantee availability of such HotelCoins for sale. HotelCoins purchased by Guests through HotelSwaps are non-refundable.

Expiry of HotelCoins. HotelCoins can be used by Guests for Reservations for a period of 2 years from the day of the HotelCoin Transfer or the date of their purchase, where after the HotelCoins shall expire. In case a Guest has obtained HotelCoins through more than one HotelCoin Transfers or purchases, the HotelCoins shall be used for Reservations following the First In First Out principle (FIFO).

No Monetary Value. HotelCoins have no monetary value.

RESERVATIONS

Hotel Information. Hotel Information, which we disclose on the Website, is based on information provided to us by the Hotel Members. Each Hotel Member remains responsible at all times for the accuracy, completeness and correctness of the description information and availability displayed on the Website. HotelSwaps take no responsibility for the correctness of such Hotel Information.

Availability search. Guests can search for Room Nights available for Reservations on the Website.

Room type. All Reservations shall be for standard double rooms.

Reservation. Guests can book any Room Night available on the Website on a first come first serve basis up to the total number of HotelCoins available on their HotelCoin Balance and upon payment of a non-refundable Reservation Fee. By making a Reservation through the Programme, the Guest enters into a direct contractual relationship with the Hotel Member. HotelSwaps acts solely as an intermediary between the Guest and the Hotel Member and does not hold any liability of any form with regards to the services provided by the Hotel Member to the Guest.

Reservation confirmation. The confirmation email will serve as proof of valid Reservation and will contain relevant information about the Reservation and particulars of the Hotel Member concerned. Guests are required to read and carefully verify all the information contained in the confirmation email to ensure that it conforms to the Reservation. Guests are required to present the confirmation email when checking-in at the Hotel Member, as well as a valid ID card or passport.

Reservation Request. In case a Guest does not find the desired availability of Room Nights on the Website, the Guest may issue one or more Reservation Request(s) at any Hotel Member each with a value up to the total number of HotelCoins available on their HotelCoin Balance. HotelSwaps shall notify the Hotel Member(s) with whom a Guest has issued a Reservation Request informing them of the Guest’s requested Room Nights. HotelSwaps will automatically confirm the Reservation on behalf of the Guest with the first hotel who accepts a Reservation Request from the Guest. When a Reservation Request has been accepted by a Hotel Member, HotelSwaps will i) debit the Guest’s HotelCoin Balance with the required number of HotelCoins, ii) cancel all of the Guest’s remaining Reservation Requests to avoid “double booking”, and iii) charge the Reservation Fee to the Guest’s pre-authorised credit card, and iv) inform the Guest by email about the successful Reservation.

Availability of Room Nights for Reservations. For the avoidance of doubt, Hotel Members can accept or decline Reservation Requests at their sole discretion and HotelSwaps cannot guarantee any specific availability of Room Nights nor the acceptance of Reservations Requests from any of its Hotel Members.

Reservation cancellation. A Reservation can be cancelled by a Guest at any point in time on the Website. The following number of HotelCoins will be credited back to the Guest’s HotelCoin Balance in case of a Reservation cancellation:

- Cancellations more than 28 days prior to check-in: 100% of HotelCoins will be returned to the Guest’s HotelCoin Balance.
- Cancellations between 15 and 27 days prior to check-in: 50% of HotelCoins will be returned to the Guest’s account.
- Cancellations less than 14 days prior to check-in: No HotelCoins will be returned to the Guest’s HotelCoin Balance.

FEES

Reservation Fee. A Reservation Fee shall be paid by the Guest at the time of each Reservation. The schedule of Reservation Fees shall be displayed on the Website.

Reservation amendments. Amendments of confirmed Reservations shall be considered as a new Reservation and the Guests shall pay a new Reservation Fee for the amended Reservation.

All fees are non-refundable and include applicable VAT.

DURING THE GUEST’S STAY

Use of facilities and services. During the stay of a Guest at a Hotel Member, the Guest is entitled to use the Hotel Member’s facilities and services based on the same terms and conditions as any other hotel guest.

Check-in and check-out. All Guests shall comply with the check-in and check-out timings as displayed in the Hotel Information on the Website.

Late arrival. For arrivals after 4:00pm, the Guest should contact the Hotel Member directly before 4:00pm on the check-in date to inform them about such late arrival. In case a Guest fails to inform the Hotel Member in advance about a late arrival, the Hotel Member has the right to reallocate the room to another customer.

Guest expenditures during their stay. A credit card print or other such reasonable deposit can be required by the Hotel Member from the Guest at check-in, to cover any optional consumables during their stay. Such expenditures shall be paid by the Guest upon check-out.

Tourism taxes. All city and tourism taxes precluded by law related to the stay of a Guest at a Hotel Member shall be paid by the Guest upon check-out.

THIRD PARTY EXCHANGES

Third Party Exchange agreements. HotelSwaps may from time to time enter into agreement with Third Party Exchanges whereby Guests can utilize their HotelCoins to access accommodation or other services within such Third Party Exchanges.

Third Party Exchange terms & conditions. HotelSwaps shall display on the Website whether an exchange option is a part of a Third Party Exchange. In such case, the Terms & Condition of such Third Party Exchange shall govern the stay of the Guest.

AMENDMENTS TO THE HOTELSWAPS PROGRAMME

Hotel Member withdrawal. Any Hotel Member may withdraw from their membership of the Programme at any time. HotelSwaps can therefore not guarantee the continued availability of any specific Hotel Member in the Programme. HotelSwaps will not provide compensation in the event a Hotel Member withdraws from the Programme.

Changes to the Terms & Conditions. HotelSwaps reserves the right to modify these Terms & Conditions at any time with immediate effect. This may include but is not limited to the Programme benefits, the Reservation Fees and the Season and/or Hotel Category of specific Hotel Members.

MEMBERSHIP TERMINATION

Termination. HotelSwaps and You may terminate Your Membership with or without cause at any time with 12 months’ notice. HotelSwaps may terminate the Programme immediately if required to do so by any competent authority or otherwise by law.

Consequences of termination. In case of termination of your Membership, You will be able to use previously transferred or purchased HotelCoins during the 12 months’ notice period. On the termination date, all Your rights against HotelSwaps will cease and any remaining HotelCoins on your HotelCoin Balance shall be null and void.

OTHER

Ownership of Intellectual Property. The Website and all its designs, images, video, text, data, trademarks, logos and other content are the property of HotelSwaps or its Hotel Members and are protected by international copyright and trademark laws. This includes the names and brands of HotelSwaps and HotelCoins.

Liability Limitation. You agree that HotelSwaps will not be liable to You or any other Guests for any loss, liability, damage, cost or expense of whatever nature and howsoever caused from this Agreement and Your use of the Programme.

Force Majeure. If either party is prevented by Force Majeure in the performance of any of its obligations under this Agreement, it will immediately notify the other Party. Either party shall be under no liability to the other party and shall be entitled to wait performing their obligations for so long as Force Majeure continues. Force Majeure shall mean any unforeseeable event beyond reasonable control including acts of God, fire, war, riots, terrorist activity, labour disturbances, epidemics, natural disasters, illegality, and nuclear, biological or chemical contamination.

Assignment. HotelSwaps may assign its rights and obligations under this agreement to any other company of their choice provided that the essences of the benefits of the Guest under this Agreement remain unchanged.

Notices. All notices made pursuant to this Agreement shall be deemed to have been given to You if e-mailed to Your registered email address and to HotelSwaps on contact@hotelswaps.com.

Governing Law. These Terms & Conditions are governed by and shall be interpreted in accordance with the laws of England & Wales.

Arbitration. For all issues arising by reason of the application or interpretation of these Terms & Conditions, the parties, with express waiver of their own jurisdictions, submit themselves to arbitration before the London Court of International Arbitration for the arbitral procedure of that body, the award of which shall be binding upon the parties.