HOME EXCHANGE CONTRACTS AND VEHICLE EXCHANGE CONTRACTS
Swapping homes and cars for vacations and holidays. Please feel free to use either sample home exchange/vehicle exchange agreements displayed and to make changes to the vehicle or home exchange contract wording as it fits your particular circumstances.
Home Exchangers, the
following is not a legal document, it is meant only as a guide. Please
feel free to use either sample home exchange/vehicle exchange agreements
displayed and to make changes to the vehicle or home exchange contract
wording as it fits your particular circumstances. The number one FAQ
(Frequently Asked Question) regarding a home exchange is should we include
exchanging vehicles. Please be very thorough in investigating your
personal vehicles insurance before agreeing to an exchange of vehicles.
Our family has personally exchanged vehicles as part of swapping homes.
We would highly recommend that a contract or at least a signed, notarized
agreement be part of any motor vehicle swap. Our family has
never used an exchange contact for the house exchange.
SAMPLE EXCHANGE AGREEMENT - MOTOR VEHICLES (to be used as a guide by home exchange members wishing to create their own document for home exchange and car swap purposes.)
Please have a clear understanding as to how many miles/kilometers you will allow your exchange partners to put on your vehicle during a swap.
Definitions: "Owner" - the person who has legal ownership of the vehicle. "User"- the person who has right of temporary use of the vehicle for the specified period. "Owner's Agent" - person nominated by the owner to act on behalf of the owner.
We the undersigned, agree to the following conditions.
1 . The exchange of vehicles will be from to day/month/year day/month /year
2. The Owner or the Owner's Agent will pay all insurance and registration fees in his/her own country.
3. Both Owners will leave their vehicles clean and in good mechanical condition before the commencement of the Exchange. All major systems should be recently checked (steering, brakes, electrical components, ignition, cooling, transmission, suspension, motor & tires) and "Certificate of Mechanical Fitness" obtained. The motor should be tuned and serviced. The replacement of oil and air filters should be carried out just prior to the Exchange.
4. Each vehicle may be driven an unlimited distance. (or shall not be driven a distance of no more than............
5. Both vehicles are to be driven on properly constructed road surfaces in good condition or on leveled-off road surfaces only.
6.Each User is to provide a letter to the Owners insurance company to verify his/her safe driving record.
7.The Owner is to provide the User with the registration papers and a copy of the insurance policy for the exchange vehicle.
8.The Owner should provide the User with a list of any minor defects in the vehicle.
9.Neither vehicle shall be driven by any person other than those specified without the permission of the owner.
10. All nominated drivers will obtain the appropriate license for that country and will comply with the relevant laws concerning motor vehicle use in that country.
1.Both vehicles are to be serviced according to the service manual provided. (or as instructed by the Owner.)
2. The User is responsible for all service costs.
BREAKDOWNS AND REPAIRS
1. The Owner is responsible for any costs that can be attributed to mechanical failure due to normal usage for which the vehicle was designed.
2. The User is to contact the Owner or the Owner's Agent if such a mechanical failure should occur to obtain authorization to have repairs carried out as quickly and as conveniently as possible. Accounts are to be presented to the Owner or the Owner's Agent for payment.
3. The User is responsible for any costs incurred that can be attributed to neglect or misuse of the vehicle.
ACCIDENTS AND REPAIRS
1. The conditions of the insurance policy for each vehicle are to be complied with in the event of accidents, theft and damage associated with theft.
2. The User is responsible for the basic excess on the policy.
3. Repair costs, if less than $500.00, are to be paid by the User.
4. Accidents are to be reported to the police within 24 hours if damage has occurred or a person has been injured.
5. Any increased premium rates placed on the policy are to be paid by the User for a period of two years.
6. In the case of an accident for which the User is not at fault then claims will be made on the other party's insurance at no cost to the Owner of the exchanged vehicle.
7. In the event that the Owner's Insurer refuses to meet a claim as a result of any action by the User allowing the Insurer to void the claim (eg. drink driving, invalid license, negligence) then the User shall be responsible for the claim or claims in its or their entirety.
SAMPLE HOME EXCHANGE AGREEMENT -- HOUSES AND CONTENTS
Definitions: "Owner" - the person who has legal ownership of the accommodation "User"- the person who has right of temporary use of the accommodation for the specified period. "Owner's Agent" - person nominated by the owner to act on behalf of the owner.
We, the undersigned, agree to the following conditions with respect to the exchange of accommodation.
1. The exchange of accommodation will be from to day/month/year day/month /year
2. The Owner "I pay all insurance fees (house & contents) in her/his own country,
3. The Owner will pay all land rates or property taxes, mortgage, body corporate fees, TV/Radio License, Fire, Police, Ambulance and Services Levy in her/his own country.
4. All utility fees incurred by the Owner before the exchange will be paid by the Owner.
5. The house, its fittings and appliances should be left in a maintenance free condition and in good working order at the commencement of the exchange by the Owner,
6. The Owner is responsible for any costs incurred for the house, its fittings, appliances and contents that can be attributed to normal wear and tear. The User is to contact the Owner or the Owner's Agent who will authorize that the necessary repairs will be carried out. Accounts for any such costs will be forwarded to the Owner or the Owners Agent for payment.
7. The User will permit the Owner or the Owner's Agent after 24 hours notice or without notice in the event of an emergency to enter the premises for the purpose of examining the condition of the premises, furniture and effects.
8. The User is responsible for any costs to the house, its fittings, appliances and contents that can be attributed to neglect or misuse. All items used by the User and persons admitted to the home should be left in a state of good repair at the conclusion of the exchange. Broken articles should be replaced by articles of equivalent quality.
9. The User is responsible for maintaining the lawns, gardens and pool.
10. The User is responsible for minor costs such as burnt out lamps (light globes, bulbs).
11. Neither home is to be sublet or rented out during the period of the exchange. Approval for long term visitors to stay in the house should be obtained from the Owner.
12. Both premises are to be securely locked at all times when unoccupied. This is necessary to comply with conditions of insurance.
13. Smoking is not permitted in the accommodation.
14. At the-conclusion of the exchange any unpaid accounts for which the User is responsible, are to be forwarded to the User's home address,
15. Any mail delivered for the Owner is to be forwarded to the Owner's Agent at regular intervals.
16. In the event that one party returns home prior to the completion date of the exchange the following accommodation arrangements and payments have been agreed to: (Decide where the parties will live, who will be responsible for the payment of rent and the continued payment of utilities/services in the vacated premises eg phone rental, electricity - heating must be maintained overseas to prevent freezing of pipes, lawn maintenance etc.)