1. Introductory Provisions
The Contract Terms and Conditions of the agent Sdružení home43 (hereinafter referred to as “agent” only) for intermediating real estate property exchange regulate the mutual contractual relations between the agent and the clients (individual physical entities) as users of the intermediary services provided by the agent, in compliance with the relevant provisions of the legislation of the Czech Republic in binding force, Act No. 40/1964 Coll. (Civil Code), Act No. 513/1991 Coll. (Commercial Code), Act No. 101/2000 Coll. (on the Protection of Personal Information), and other legislation in force that regulates agency services, as amended. The Terms and Conditions regulating the exchange of property are binding for all the parties involved.
A contractual relation between the client and the agent forms at the moment of completing the registration form, sending the completed registration form, its delivery to the agent, and the payment of the annual registration fee. The agent may allow the client to register in the database free of charge. In such case, the contractual relation between the agent and the client forms at the moment in which the registration form is received by the agent, and the agent notifies the client of the receipt of the form and of the waiver of the payment.
2. The Principles of Cooperation
The Home Exchange Czech portal and database serve the purposes of searching and offering real estate property with the objective of exchanging or leasing the property for a certain time period, within the area of the Czech Republic, as well as abroad.
The prerequisite for participating in the property exchange, and for taking advantage of other services available from Home Exchange Czech, is the client’s registration, who by registering becomes member of Home Exchange Czech. The agent reserves the right to cancel the client’s registration, if the annual registration fee is not paid within 15 days of receiving the completed registration form. This condition does not apply in the cases where the agent provides the registration in the Home Exchange Czech database free of charge.
The agent does not authenticate the existence or the content of any property listed, nor is he responsible for any property exchange or lease. The agent only facilitates a platform for searching and offering real estate to be exchanged or leased. The exchange or lease alone is a matter between the exchange partners registered at the Home Exchange Czech web site, and therefore the agent is not included as one of the contractual parties in the Contract of Exchange (Lease) signed by the exchange partners. The agent is not responsible for the accuracy, correctness, or completeness of the property offer.
Members and visitors of Home Exchange Czech assume full responsibility for any agreements and arrangements reached based on using the Home Exchange Czech web site.
The contents of the Home Exchange Czech web site, including the information about the individual offers, are available to the members and visitors of Home Exchange Czech exclusively and only for the purpose of direct property exchange or lease. The members are prohibited to use the contents of this site with an intention different from that of direct exchange or lease of their registered property, including commercial purposes. Collecting information from the Home Exchange Czech web site, and collecting and storing personal data is prohibited. Any violation of this stipulation shall be classified as a violation of these Contract Terms and Conditions, and will be penalized by an amount of CZK 10,000.00 and an immediate cancellation of the member’s registration.
The E-mail correspondence is intended to be used by the registered Home Exchange Czech members for the purpose of the realization of the property exchange or lease exclusively. The first contact between the Home Exchange Czech members must be realized solely using the contact form placed on the member’s personal page.
3. Conditions of the Home Exchange Czech Membership
To become member of Home Exchange Czech, a person has to be over 18-years-old.
A client becomes member of Home Exchange Czech, when he/she completes the registration form on the Home Exchange Czech web site, and sends it to the agent. Upon receiving the registration form and the annual membership fee, the agent publishes the offer, and the client becomes Home Exchange Czech member.
The Home Exchange Czech membership is good for one calendar year. 30 days before the membership’s expiration date, the Home Exchange Czech member is sent an E-mail notification as a reminder of this fact. If he/she does not renew his/her membership, or does not respond to this E-mail message, his/her offer shall be removed from the database.
The agent reserves the right to reject or edit the contents of any submitted offer at his own discretion. The moment the offer is submitted, edited by the agent, and published in the Home Exchange Czech database, it becomes property of the agent, and it is prohibited to copy it from the Home Exchange Czech web site without a written agent’s permission. It is prohibited that the offers contain vulgar expressions, expressions associated with violence, hatred or racism, or sexual subject matter. For safety reasons it is prohibited to publish any contact information (e-mail, www etc.) in the listings. Such offers will not be accepted for publishing, or will be removed from the database immediately. In case any Home Exchange Czech member’s membership is cancelled due to the above mentioned reasons, he/she is not entitled to any financial refund, either is he/she entitled to any partial refund.
The agent is not responsible for any damage to health or property, which may result from the Home Exchange Czech member’s stay in the property of his/her choice. By submitting the registration form to the agent, the client acknowledges that he/she knows all of the Terms and Conditions that apply to the exchange of the given property, and that he/she agrees with these Terms and Conditions, and accepts them to their full extent.
4. The Agent’s Right to Terminate the Contractual Relation
The agent reserves the right to unilaterally cancel the membership of any Home Exchange Czech member for any reason, including abuse of the contents of the Home Exchange Czech web site, suspected violation of the web site’s security, any suspected action which may lead to threatening of another Home Exchange Czech member, or their property, etc. If it is discovered, that any information submitted by a Home Exchange Czech member about an offer is grossly misrepresented, or if a Home Exchange Czech member’s offer is inconsistent with these Contract Terms and Conditions, the agent reserves the right to immediately remove that member’s offer, and cancel this member’s access to the Home Exchange Czech web site with no refund. If the membership cancellation is justified, the member is not entitled to a refund of the annual membership fee, or its proportional part.
5. The Home Exchange Czech Member’s Right to Terminate the Contractual Relation
The Home Exchange Czech members have the right to terminate their Home Exchange Czech membership at any time and for any reason, through a written notification addressed to the agent or sent to the agent’s E-mail address. The member is not entitled to any financial refund, either is he/she entitled to any partial refund.
Using the Home Exchange Czech web site, and acquiring any information from this web site is entirely at the user’s own risk. The agent does not offer any type of guarantee related to the real estate property offers, or to the information found at the Home Exchange Czech web site. The agent is not responsible for any direct or indirect damage or injuries that may occur in connection with the use of any property listed in the Home Exchange Czech database.
In case the agent receives two serious complaints about a given property, or about certain Home Exchange Czech members, the agent removes them from the database immediately, without a refund.
7. Property Equipment
The registered Home Exchange Czech member guarantees that the description of the property’s equipment, including other important information related to the property exchange or lease, reflect the property’s true equipment as described in the Home Exchange Czech offer. The agent does not assume responsibility for this information.
8. Protection of Personal Information
See Protection of Personal Information
The agent neither takes part in, nor does he agree with sending out spam messages. The agent reserves the right to remove from the database without a refund any client who in a spam E-mail message mentions the Home Exchange Czech, their URL, or E-mail address.
10. Exchange Cancellation
The Home Exchange Czech member is not allowed to frivolously cancel the Contract of Exchange (Lease) with his/her exchange partner, unless the reason is a serious illness, death, or another serious unpredictable reason. In case the member wants to cancel the Contract of Exchange (Lease) from other than the above mentioned reasons, he/she has to inform the agent, as well as their exchange partner of this fact, and he/she must do so no later than 1 month before the planned exchange, and must also give the reason for the cancellation. In case the Contract is cancelled without a reason, the member shall be responsible for all his/her exchange partner’s costs related to the exchange or lease, and he/she shall be removed from the database immediately.
11. Motor Vehicle Exchange
Part of the intermediation of property exchange (lease) may also be motor vehicle exchange (lease). The Home Exchange Czech member must ensure that the vehicle offered for exchange is in perfect technical state, meaning the vehicle is suitable for safe operation, and has damage liability insurance coverage. The person to drive the motor vehicle has to own a driver’s licence that permits him/her drive the given vehicle within the territory of the Czech Republic.
The Home Exchange Czech member hereby confirms, that his/her property has insurance coverage against fire, other elements, burglary or theft, wilful damage to property or destruction by a third person etc. Such insurance coverage is usually available as part of the basic homeowner’s and building insurance coverage.
13. Final Provisions
These Contract Terms and Conditions are valid as of 01. 01. 2009.
These Contract Terms and Conditions are binding for every visitor of the Home Exchange Czech web site, and for every registered Home Exchange Czech member.
By submitting the registration form to the agent, the client acknowledges that he/she understands these Contract Terms and Conditions, and that he/she accepts them to their full extent.
The agent reserves the right to change these Contract Terms and Conditions. The changes to these Contract Terms and Conditions shall be made public at the Home Exchange Czech web site effective immediately.