DRAFT for legal review. Not yet in force. Items in [brackets] are to be completed.
Terms of Service
Last updated: [DATE]
These terms apply when you use SwapTrip to sell or buy hotel bookings. Please read them carefully: they explain how payments are held, when you can get a refund, and what we expect from you.
1. Who we are
SwapTrip (swap-trip.com) is operated by [COMPANY LEGAL NAME], [legal form], registered in Greece under [GEMI number], VAT [VAT number], with its registered office at [ADDRESS] ("SwapTrip", "we"). Contact: [email protected].
2. What SwapTrip does
SwapTrip is an online marketplace where people who hold hotel bookings they can no longer use ("Sellers") can offer them to other people ("Buyers"). We provide the platform, verify listings, process payments through our payment partner and hold the Buyer's payment until the stay has started.
We are not a hotel, travel agent or tour operator, and we are not a party to the booking between the Seller (or Buyer) and the hotel or booking site (the "Provider"). The Provider's terms continue to apply to the booking.
3. Your account
You must be at least 18 and able to enter into contracts. Give accurate information and keep your login details secure; you're responsible for activity on your account. You can turn on two-factor authentication in your account settings.
Before listing or buying, you must verify your identity with our payment partner, Stripe. We receive the result of the check, not copies of your documents.
4. Listing a booking (Sellers)
By listing a booking you confirm that:
- you are the rightful holder of the booking and entitled to transfer it;
- the Provider allows the guest name to be changed, and you will do so for the Buyer;
- the booking, proof documents and details you give are genuine, accurate and complete;
- check-in is within the next 90 days.
We review every listing before it is shown and may refuse or remove listings, giving you the reason. You set your asking price. Listings expire at check-in.
When a booking sells, you must change the guest name with the Provider and upload the updated confirmation before check-in. If you cannot, cancel the sale in your account so the Buyer is refunded.
5. Buying a booking (Buyers)
The listing shows the price of the stay and our service fee. You pay SwapTrip, not the Seller. After payment, the Seller changes the guest name to yours; please check the updated confirmation and, if you can, confirm with the hotel.
Pay only through SwapTrip. Payments made outside SwapTrip, including by bank transfer or through messaging apps, are not protected by these terms.
6. Fees and payment
Our service fee is 5% of the price, paid by the Buyer on top of the price, and 5% of the price, deducted from the Seller's payout. Fees are shown before you pay or list.
Payments are processed by Stripe. We hold the Buyer's payment and release it to the Seller (minus our fee) 48 hours after the check-in day starts, provided no problem has been reported. Sellers must set up payouts with Stripe to receive funds.
For your security, payouts may be paused for up to 72 hours after changes to your password, email or payout details.
7. Refunds and problems
Buyers receive a full refund, including our service fee, if:
- the Seller cancels the sale or does not transfer the booking before check-in;
- the hotel refuses the Buyer because the booking was not validly transferred; or
- we decide, after reviewing a reported problem, that the booking was materially not as described.
Either party can report a problem in the booking page until the payout is released (48 hours after the check-in day starts). While a problem is open, the payout is paused. We review the evidence from both sides and decide whether to refund the Buyer or release the payout, and tell both parties our decision and reasons.
If you pay with a card and dispute the payment with your bank, we may pause any related payout until the bank decides.
[LEGAL REVIEW: interaction with EU consumer withdrawal rights. Accommodation services for a specific date are generally exempt from the 14-day withdrawal right (Directive 2011/83/EU, Art. 16(l)); confirm applicability to resale and to our service fee.]
8. Credits
We may give credits, for example 5 credits after your first completed trade. Credits are a promotional benefit, have no cash value, cannot be withdrawn, transferred or sold, and can only be used on SwapTrip where we offer it. We may cancel credits obtained through abuse. [LEGAL REVIEW: expiry period.]
9. Messages and conduct
Use messages only for the booking concerned. Do not share contact or payment details to move a deal off SwapTrip, harass others, or post unlawful content. We automatically flag messages that look like attempts to move payments off the platform and may review messages to investigate reported problems or fraud.
Do not use SwapTrip for fraud, money laundering, or to sell bookings you are not entitled to transfer. We may suspend or close accounts that break these terms and will tell you why unless the law or an investigation prevents it.
10. Reviews
After a completed stay, Buyer and Seller can review each other once. Reviews must be honest and about the transaction. We may remove reviews that are unlawful or break these terms, but we do not edit them.
11. Reporting illegal content
You can report a listing, message or review you believe is illegal by contacting [email protected] with the link and your reasons. We handle reports promptly and diligently and tell you the outcome. Our single point of contact for authorities and users under the EU Digital Services Act is [email protected], in English or Greek. [LEGAL REVIEW: DSA obligations for online marketplaces, incl. Art. 30 trader traceability if business sellers are allowed.]
12. Liability
We take reasonable care to verify listings and run SwapTrip, but we cannot guarantee a Provider's behaviour. Nothing in these terms limits liability that cannot be limited by law, including your rights as a consumer, or our liability for intent or gross negligence. Otherwise, our liability for any transaction is limited to the amounts you paid through SwapTrip for that transaction. [LEGAL REVIEW]
13. Ending your account
You can delete your account at any time in Your data. If you have sold through SwapTrip we keep records of those transactions as required by law (see our Privacy Policy). Open sales or purchases must be completed first.
14. Changes and law
We may update these terms and will tell you about material changes in advance by email or in the app. These terms are governed by Greek law. If you are a consumer, you also keep the protection of the mandatory laws of your country of residence and may bring claims in its courts. [LEGAL REVIEW: jurisdiction clause.]