• Fees are non-refundable once membership is activated.
• Memberships automatically renew annually unless cancelled before renewal.
• We may introduce a higher-value “Premium Home Tier” in the future; Members will be notified in advance if so.

4. Platform Role & Intermediary Status

• SwitchnStay is an intermediary only. We provide technology to facilitate introductions and messaging between Members. We do not verify every Listing, guarantee quality, or provide any warranty for properties, vehicles, or the conduct of Members.
• Members enter Exchanges at their own risk, subject to these Terms and any private arrangements they agree between themselves.

5. Listings & Member Responsibilities

You must:

• Provide accurate, complete descriptions of your property/vehicle.
• Ensure the property/vehicle is clean, safe, and compliant with applicable laws.
• Disclose to the other party all material information (e.g., hazards, defects, insurance limitations).
• Comply with all local by-laws, zoning, body-corporate, tax, or permit requirements.
• Respect the rights of neighbours and the community.
• Not use the platform for any illegal, commercial, or profit-based activity (SwitchnStay is an exchange network, not a rental service).

6. Exchange Agreements Between Members

Each Exchange is an agreement between the participating Members only.

Members should clearly agree in writing (via the platform) on:

• Dates, number of guests, presence of pets and duration.
• Vehicle use limits (e.g. number of occupants, maximum weight, speed) if applicable.
• House rules, cleaning expectations, and key handover, alarm and access codes.
• Responsibility for utilities, fuel, tolls, or consumables.

7. Security Deposits / Bonds & Damage

• SwitchnStay may pre-authorise a Security Bond on the Guest’s payment method before an Exchange (recommended NZD $500.00 for homes, NZD $1,500.00 for RVs).
• If the Owner reports loss or damage supported by reasonable evidence within 72 hours of the Exchange ending, SwitchnStay will debit part or all of the Bond (as necessary) to remediate the loss or damage.
• If no claim is made, the bond shall be automatically released.

Members are encouraged to photograph the property or vehicle before and after the Exchange as a record of pre and post-use condition.

8. Cancellations & No-Shows

• If you need to cancel your booking, you must notify both SwitchnStay and the other Member as soon as possible, but no later than 48 hours prior to the booking.
• Repeated or last-minute cancellations may result in account suspension or termination.
• SwitchnStay is not liable for replacement accommodation or travel costs but may assist on a goodwill basis, where practical.

9.  Insurance & Risk

• SwitchnStay is not an insurer.
  Members must maintain adequate insurance (home, contents, and/or vehicle) and confirm their policy allows exchanges.
• Members are solely responsible for any damage, injury, or loss to person or property arising from their use, misuse, neglect, or breach of law.

For RV Exchanges, proof of insurance (and roadworthiness certification) may be requested prior to acceptance.

10. Liability & Indemnity

To the fullest extent permitted by law:

• SwitchnStay disclaims, to the fullest extent permitted by law, all liability for indirect, consequential, or loss-of-profit damages.
• Our total aggregate liability in any 12-month period shall not exceed the total annual membership fee paid by you.
• Each Member indemnifies SwitchnStay against claims, losses, or expenses arising from that Member’s breach of these Terms, negligence, or unlawful act(s).

Nothing in these Terms limits your rights under the New Zealand Consumer Guarantees Act 1993 (or equivalent laws in your country of residence, where applicable).

11. Prohibited Conduct

You must not:

• List properties or vehicles you do not own or have authority to offer.
• Circumvent the platform to avoid membership fees.
• Upload false, misleading, or defamatory content.
• Engage in discrimination, harassment, or unsafe behaviour.
• Host large parties, commercial events, or engage in illegal activities in the vehicle/property.

12. Verification, Reviews & Content Rights

• SwitchnStay may verify identity or property details but is not obliged to do so.
• By posting photos or descriptions on our platform, you grant SwitchnStay a non-exclusive, royalty-free licence to display that content on the platform for promotional purposes.
• Reviews must be honest and factual; we may remove or edit content that breaches these Terms.

13. Privacy

Our Privacy Policy explains how we collect, use, and store personal information. By using SwitchnStay, you consent to such processing and to international data transfers required to operate the service.

14. Geographic Restrictions (prohibition on usage within USA)

SwitchnStay services are not offered to users located in the United States of America.
You must not access or use the platform from within the USA. We may suspend or terminate accounts that breach this restriction.'

15. Dispute Resolution

Members must first attempt to resolve disputes directly. If unresolved, SwitchnStay may, at its discretion, offer informal mediation but is not obliged to arbitrate. If unresolved after members have first tried to do so, SwitchnStay may (at its discretion) mediate informally, but is not required to arbitrate or decide the outcome.
You may pursue your claim in the appropriate court or tribunal under section 16, below.

16. Governing Law & Jurisdiction

These Terms are governed by the laws of New Zealand.
You irrevocably submit to the non-exclusive jurisdiction of the New Zealand courtsCourts., Tribunals and other decision-making authorities.

17. Termination & Account Suspension

We may suspend or terminate your account without notice if:

• You breach these Terms;
• We reasonably believe your behaviour risks harm to yourself or others; or
• We discontinue the platform.

Upon termination, you remain responsible for any active Exchange commitments or unresolved disputes.

18. Changes to These Terms

SwitchnStay may update these Terms periodically. Updated versions will take effect 14 days after posting on our website. Continued use of the platform after that date constitutes acceptance of the changes.

19. Force Majeure

SwitchnStay is not liable for failure or delay due to any events beyond its reasonable control (including but not limited to natural disasters, pandemics, power outages, or internet disruptions)

20. Contact

For any questions, please contact:
support@switchnstay.com
SwitchnStay Ltd, Auckland, New Zealand

Annex A – Homes & Holiday Homes

• Members must provide clean bedding, towels, and basic household supplies.
• Pets allowed only if both parties agree in writing.
• Both parties must return the property in the same condition in which they received it, reasonable wear & tear excepted.
• Smoking is prohibited unless clearly permitted in the listing.

Annex B – RV Exchanges

• Owner must supply evidence of valid vehicle registration, insurance, warrant of fitness, paid road user charges and roadworthiness certificates.
• Driver(s) must present a valid licence before use.
• Fuel, water, waste, and gas levels must be returned as received.
• No off-road use unless expressly authorised in writing.
• Report any accident or breakdown to the Owner immediately.
• Clean the interior and exterior before return (fair wear & tear excepted).
• Security Bond: recommended NZD $1,500 minimum per Exchange.