1.1 The information published on this website is provided by the members of ExchangeHomes.Com. We publish extensive guidelines to members for verifying the accuracy and suitability of an exchange offered, but we make no warranty, either expressed or implied, about the information provided. ExchangeHomes.Com is not a party to, nor bears any responsibility for any agreement or contract entered into by members, subscribers or other users of information provided on this website.
1.2 ExchangeHomes.Com relies entirely upon the integrity of members and does not guarantee the accuracy of the information provided herein, condition of the homes before or after an exchange, nor conduct of the members or users of the information in this website at any time, nor that an exchange will be available. The only responsibility of ExchangeHomes.Com is to publish and distribute an online Directory of Listings to its members.
1.3 Should any information provided by members be found to be grossly misrepresented, ExchangeHomes.Com reserves the right to remove, at our discretion, any listing at any time, without refund. Members agree that ExchangeHomes.Com shall not be liable for any direct, indirect, consequential or other damages whatsoever, regardless of the form of the claim, including but not limited to liability for cancellations, injuries to persons or damages to property, including cars or vehicles.
2. Rentals
2.1 ExchangeHomes.Com is a HOME EXCHANGE organization. All properties listed with us must offer Home Exchange as the primary alternative. However, we do understand that many members do use a second or vacation home as their exchange property and provided that home exchange is their first alternative, they can list rental as a second option. Specific reference to rental charges etc., are not allowed. This information can be conveyed to interested parties after they initiate inquiries. Any listing that is reported to be soliciting for rental will be removed and no fees refunded.
2.2 PLEASE BE ADVISED THAT WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION
ExchangeHomes.com does not own, nor can we contract for any vacation rental property listed on the Site. Instead, the Site acts as a venue to allow a member of our Site (each must primarily be a "Home Exchanger") to offer for rent, or rent, in a variety of pricing formats, a specific vacation rental property to potential renters. We are not involved in the actual transaction between members. As a result, the quality, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any property or guest book review), the ability of members to rent vacation property or the ability of members to pay for vacation rental properties are solely the responsibility of the users.
2.3 All listings on ExchangeHomes.com, as submitted by the owner/lister and amended from time to time by ExchangeHomes.com staff, are the responsibility of the owner/lister, and ExchangeHomes.com specifically disclaims any and all liability arising from the alleged accuracy of the listings, or any alleged breaches of contract on an advertiser's part. By accepting these Terms and Conditions and paying to list on ExchangeHomes.com, you agree to indemnify and hold ExchangeHomes harmless against all costs, expenses and losses arising out of a claim relating to the content of an advertisement.
2.4 Owners/listers have access to his/her listing 24 hours per day and are solely responsible for keeping their information up to date on ExchangeHomes.com, including, but not limited to any and all representations about the property, its amenities, location, and its availability for a specific date or range of dates. ExchangeHomes.com makes no representation or warranties that any of the copy or availability information published on ExchangeHomes.com is accurate or up to date even in the case where visitors have searched for specific special offers, dates, or types of properties.
2.5 Each vacation property owner/agent establishes his/her own cancellation and refund policy. ExchangeHomes.com is not responsible for the payment or refund of any fees or deposits. ExchangeHomes.com is not a property manager and does not represent any owner/agent or renter.
3. Protection From Fraud
3.1 Unfortunately, given the prevalence of fraud on the Internet, one should probably start from a position that every transaction is potentially fraudulent, then take steps to satisfy oneself that it is indeed legitimate. Too often we hear of cases in the news where innocent people are victimized by just assuming that all is well and being too trusting. Take positive steps to establish the legitimacy of the other party and walk away from any transaction that does not pass your tests. Below are some general guidelines and ideas for establishing a satisfactory comfort level.
3.2 The general advice we have for all parties is to try to pay and accept payment via a credit card or PayPal, as these give you some dispute recourse. Many owners, though, do not have a merchant account to collect by credit card, but EVERY owner can use PayPal. Using PayPal, though, requires some setup time, as the account needs to be verified. There is also a 4% fee charged to the person who receives the money.
3.3 We also strongly recommend that renters ask the owner for verifiable references from tenants who have rented from him/her in the past. Contact the renters (preferably by phone) and satisfy yourself that they legitimately rented the unit and are not just a "front" for a scam artist. Another simple check is whether or not the owner has a free email account such as Hotmail, GMail or Yahoo, as opposed to a paid account such as AOL or Comcast. While all free accounts are obviously not fraudulent, a paid account is an indication that an owner has established an account with an Internet service provider where some level of authentication has presumably occurred.
3.4 Owners wishing to do a credit check or criminal background check on prospective renters have access to numerous online resources. Searching Google for "landlord credit checks", for instance, will return multiple websites that charge roughly $10 to $20 for basic information.
3.5 Owners and renters alike should insist on a written contract that is clear and contains the names, addresses and phone numbers of both parties. ExchangeHomes.com recommend proceeding with caution where either party insists on payment via a money order, bank transfer or cashier's check that cannot be verified or traced.
3.6 While all transactions involving a cashier's check are obviously not fraudulent, the potential exists. Do not ever accept a cashier's check in excess of the required amount where the "excess funds" are requested to be sent to the payer, as this is a common scam. In the case of a bank transfer request, we recommend trying to get the name and phone number of the bank receiving the funds, so that you can call them to verify the identity of the account holder.
3.7 We recommend that you investigate any request to wire money to the owner's accountant or agent, as they can also be fronts for a scam artist. We recommend that you be extremely cautious when transferring money out of the country, as your recourse is severely limited for foreign transactions.
3.8 If you are not comfortable with the transaction, or it does not feel right for any reason, we recommend that you do not proceed. Better to walk away from a legitimate rental and rent another, than to give your money to a scam artist and arrive at the vacation destination with no place to stay.
3.9 In this day and age, one can never be too careful. While the evidence supports the fact that the overwhelming majority of vacation rentals are very positive for both the owner and the renter, there is always the potential for fraud. And always keep in mind the old adage that if it seems too good to be true, it probably is.
