This Agreement governs the relationship between Swapdesk Inc (“Swapdesk”) and you, the Guest, regarding the Property which you have Booked (Booking). Please read this Agreement carefully and only continue if you wish to be bound by the Agreement in its entirety.
1.1 To protect Swapdesk’s interest in the Property, you agree to complete a Know Your Guest check. You may be required to verify your identity in advance of the Booking, which will include submitting a photo identity document and a selfie.
1.2 Swapdesk may pass your details to a third-party provider to complete the checks.
2.1 You acknowledge that you are liable to pay for all Property damage to, at, or in the Property, which was directly or indirectly caused by your action or inaction, during your Booking.
2.2 If you do not report Property damage to SwapDesk, which can be demonstrated to have been caused during your Booking, it will be assumed that the Property damage was caused by you, and you will be liable for the damage.
2.3 You agree to compensate SwapDesk for any fees or charges they might incur, including compensation to occupiers of neighboring premises, due to your actions or failure to fulfil any of the obligations in this Agreement.
3.1 Where the payment of a security deposit is required for a Booking, you agree to provide details of a payment card which will remain valid until at least 30 days after the Booking has been completed, or to make a payment of the required security deposit amount, to be returned 14 days after checkout where no Property damage has occurred.
3.2 If Property damage has occurred, SwapDesk has the right to draw against the payment card, or retain funds up to the full amount of the security deposit amount for the Booking as part of compensation for damage. No further notice is required in order to draw on the payment card or retain funds up to the full amount of the security deposit amount, although we will in all cases retain appropriate evidence in relation to the Property damage.
3.3 SwapDesk’s right to draw against the payment card will expire at the end of 14 days after the checkout time and date of the Booking unless we have notified you by this time of potential Property damage which requires further investigation. As long as such notice has been given within this timeframe, the right to draw against the payment card will extend until the end of any investigation.
3.4 SwapDesk will give you three working days written notice in advance of taking any payment in relation to Property damage that is in excess of the security deposit amount.
4.1 The Property may only be used for purposes permitted by SwapDesk.
4.2 Any appliance, fixtures, and fittings must be operated in accordance with provided instructions and in a reasonable and careful manner.
4.3 There is a strict policy against parties in or at the Property, unless pre-approved in writing by SwapDesk.
5.1 You acknowledge that you are liable for all costs associated with damage (subject to section 3 above) to, at, or in the Property during your Booking which was directly or indirectly caused by your action or inaction.
5.2 You acknowledge that you are liable for the full reservation amount owed to SwapDesk, and any cancellation or refund is subject to SwapDesk’s cancellation policy and terms.
5.3 You agree not to dispute the reservations charges made to SwapDesk with your credit card company or bank against SwapDesk.
5.4 You agree to use the Property only as permitted by SwapDesk and always in a reasonable and responsible manner.
5.5 You take full responsibility for the behavior of any person you have permitted to enter the Property.
5.6 You agree to act as soon as you become aware of any Property damage or problem in order to minimize its effects and prevent it from becoming worse or causing a nuisance to the occupier of any neighboring premises.
5.7 Wherever possible, you will be responsible for taking photographic record of the property at the start and the end of your Booking. Should you choose not to do this, you acknowledge that it will be difficult to prove that any Property damage discovered after your departure did not occur during your occupancy.
5.8 You will take all necessary and reasonable steps to ensure the security of the Property.
5.9 You will take care to avoid blocking or causing damage to drains or sanitary appliances.
5.10 You will keep the Property appropriately and safely ventilated to ensure that there is no build-up of dampness or moisture or of cooking smells, smoke, or grease.
5.11 All obligations on you with respect to the Property apply equally in relation to any building of which the Property forms part and in relation to any access, parking, or right of way associated with the Property.
5.12 You acknowledge that the cost of Property damage will be determined at SwapDesk’s discretion.
6.1 This Agreement sets out the terms on which SwapDesk provides services with respect to your Booking.
6.2 To the extent this Agreement is signed by an agent or representative, it is deemed to also bind each and every Guest, and that all Guests have expressly agreed to the terms in this Agreement.
6.3 You agree that SwapDesk may pass on information to third parties in connection with your Booking. Specifically, SwapDesk has engaged Know Your Guest, DBA Superhog, to ensure this Agreement is kept and to complete Know Your Guest checks. You acknowledge that Know Your Guest has permission to contact you.
6.4 You agree that if you have caused Property damage and not met your associated liabilities then your details may be held by Know Your Guest on a watchlist.
7.1 Any notices required under this agreement if sent by email to you, provided that no such notification of non-delivery is received, will be deemed served eight hours after sending of the email.
7.2 The unenforceability or invalidity of any clause in this Agreement shall not have an impact on the enforceability or validity of any other clause.
7.3 This agreement is governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflicts of law provisions.