§ 1 - General
Golf Home Exchange permits the use of the services provided under www.golfhomeexchange.de and www.golfhome-exchange.com solely on the basis of the following contractual provisions (hereinafter: "Licence Agreement").

§ 2 - Subject Matter of the Agreement
2.1 Golf Home Exchange provides its contractual partners (hereinafter: "Users") with the opportunity to offer their houses or flats for free, short-term and non-commercial exchange, on a worldwide basis over the internet, and to search for listings posted by other Users.
To this end, Golf Home Exchange runs an internet portal with a suitable database which can be used for the purposes outlined.
2.2 In the context of a specific inquiry in this regard, Golf Home Exchange allows for a User's own contact details to be conveyed to the User, to whom said inquiry is directed, for the purposes of establishing contact.
2.3 The subject matter of the Agreement does not cover whether and to what extent the User receiving the inquiry will contact the User sending the inquiry, whether negotiations are to be entered into or an exchange contract concluded or, if applicable, what the Users agree between one another. Agreements relating to the exchange of a house or flat are concluded solely as between the Users.

§ 3 - Remuneration
3.1 Use of the internet portal and database under Clause 2 shall be subject to payment of a fee. This shall be payable annually, at the beginning of the respective contractual year, to Golf Home Exchange.
On commencement of the contract, where a minimum contractual period of two years is agreed, the total amount for the first two years shall be payable all at once, in advance.
3.2 Where registration takes place before 1 October 2010, use shall be free of charge for the first year.
3.3 The annual user fee is based on the current price list as posted on the Golf Home Exchange website. In the case of free registration under Clause 3.2, this fee only applies after the first year; until then use is free of charge.
3.4 The fee relates to a single property offered by the User. Where the User wishes to offer more than one property, the fee increases accordingly.
3.5 Invoicing shall take place only in electronic form. Payment may be made by bank transfer, credit card, payment service provider, or direct debit.
3.6 Payment of the fee may only be set off by the User against undisputed claims or those confirmed by way of a non-appealable court order.
3.7 The fee relates primarily to the administrative expenses arising at the beginning of the contract or at the beginning of the extended period of the contract. A termination of the contract prior to expiry of the minimum contractual period or prior to the extended period of the contract does not therefore give rise to a reduction in the fee for the respective period.

§ 4 - Conclusion of the Licence Agreement
4.1 The Licence Agreement shall come into effect when Golf Home Exchange accepts the User's application to conclude the Licence Agreement. The application takes place by completion of the website's registration form. Acceptance of the application by Golf Home Exchange takes place either expressly or impliedly by activation of the User's account.
4.2 Only natural persons may register as users.
4.3 The User's account set up as a result of the registration is non-transferable.

§ 5 - Duration of the Contract/Cancellation
5.1 The Contract shall have a minimum duration of one or two years as determined by the User.
5.2 If the Contract is not terminated within the time limit it will be extended automatically by an additional year.
5.3 The Contract is subject to a contractual notice period of three months to the end of the minimum contractual period or to the end of the respective extended contractual period under 5.2. There is no other contractual right to terminate the Contract.
5.4 The ability of the parties to terminate the Contract with immediate effect for good cause under Section 626 German Civil Code (BGB) remains unaffected.

§ 6 - Rights and Duties of the User
6.1 During the contractual period, the User has the right to access the services provided by Golf Home Exchange for the purposes referred to in Clause 2.
6.2 Use is only permitted for non-commercial purposes. In particular it is prohibited to offer a property for rent. Users are also prohibited from offering exchange contracts in return for remuneration within the framework of the contractual relationship, or from accepting such offers, from promising or granting services in return for the conclusion of a contract, or, in the course of implementation, to demand or grant payment or other benefits which go beyond the mere exchange of property.
6.3 The data requested on registration must be provided by the User accurately and in full.
6.4 On initial registration with Golf Home Exchange the User must enter his/her email address and choose a password. The password may be changed at any time. Use of the services being offered takes place by way of personal identification of the User with his/her email address and password.
6.5 When utilising the services offered by Golf Home Exchange, the User must comply with the relevant law. It is prohibited to post listings whose content is in breach of statutory regulations.
6.6 The User is responsible for the content and layout of his/her exchange listing and for ensuring that it is accurate, up-to-date and complete.
6.7 It is forbidden to duplicate, distribute and publicly render the data and content provided by Golf Home Exchange, or any part of that data and content which is deemed to be material in type and quantity. The same applies to the duplication, distribution and public rendering of data and content which is deemed to be immaterial in type and quantity if this would be contrary to normal use in accordance with Clause 2.
6.8 The User is obliged to maintain the secrecy of his/her chosen password. He/she is also obliged to change the said password immediately where there is the suspicion that an unauthorised third party may have gained access to it.
6.9 The User may use personal data from other Users which he receives when using Golf Home Exchange - in particular addresses, contact details, email address - without the consent of the other User solely for the purposes of pre-contractual and/or contractual communication relating to the property exchange listing. Any other use - particularly for commercial or marketing purposes - is prohibited.

§ 7 - User Account and Exchange Listings
7.1 By making an entry in the appropriate text box, the User instructs Golf Home Exchange to include his/her home exchange listing in its database. Golf Home Exchange reserves the right to refuse to include or alter the listing in its database, despite the existence of a Licence Agreement, where there are specific reasons for doing so.
7.2 Golf Home Exchange may delete or alter entries if they are in breach of contractual provisions or where the User fails to comply with his/her contractual obligations.
Initial activation of the User account takes place following payment of the respective agreed fee.
7.3. Golf Home Exchange reserves the right to deactivate or delete the user account together with its corresponding listing where the User fails to comply with his/her contractual obligations, in particular where he/she fails to comply with the payment obligation.
7.4 Following inclusion of a listing in the Golf Home Exchange database, other Users will be able to search for it via the search engines by means of various criteria. It is not possible to search for the contact details of other Users. Users do not have access to the contact details of other Users.
7.5 Where there is interest in a listing, Users can make contact with the person offering an exchange property via the notification function "Contact the owner". The offeror is then free to decide whether to release his/her contact details to the interested party. Further processing of the exchange takes place solely between the Users.
7.6 Golf Home Exchange will make every effort to ensure that the services are available 7 days a week, 24 hours a day. As technical malfunctions cannot be completely ruled out, however, Golf Home Exchange is only liable for ensuring the availability of its services or accessibility of the listings in line with what is usual for similar services. There is therefore no guarantee that the services being offered, or that the accessibility of the individual listings, will be available around the clock.

§ 8 - Measures in the event of misuse
8.1 Where there is concrete, objective evidence that a User has unlawfully contravened statutory provisions and/or is in breach of this contractual agreement and/or has unlawfully violated the rights of other members in connection with his/her use of the services offered by Golf Home Exchange, Golf Home Exchange shall be entitled
a) to delete the current available listings of the User concerned,
b) to restrict, quantitatively or qualitatively, the User's ability to use the services offered by Golf Home Exchange,
c) to temporarily bar the relevant User's access to Golf Home Exchange,
d) to terminate the Licence Agreement with immediate effect and permanently bar the relevant User's access.
8.2 In selecting and implementing the measure, Golf Home Exchange will take account of the legitimate interests of the User. The User will be informed of the measure by email.

§ 9 - Liability
9.1 Golf Home Exchange is not responsible for the content of the User's listing. Golf Home Exchange has no possibility of checking whether they are accurate or complete. Golf Home Exchange cannot therefore provide any guarantee that the accessible listings and the information contained therein are up-to-date, accurate and/or complete. This applies in particular to the User's identity which Golf Home Exchange is unable to check.
9.2 Golf Home Exchange simply provides the platform for searching and finding home exchange offers. Golf Home Exchange itself will not therefore be a party to the contracts concluded exclusively between the Users of the platform. Golf Home Exchange will not therefore be liable for the performance of the obligations entered into between the Users. Nor therefore will Golf Home Exchange be liable for loss of any sort incurred by one of the parties as a result of the implementation of such a contract or of the initial negotiations.
9.3 Golf Home Exchange is only liable for its own intentional or grossly negligent actions in accordance with the statutory provisions. The same applies where its statutory representatives or those employed in the performance of contractual obligations are guilty of acting intentionally or with gross negligence. Beneath the threshold of gross negligence, Golf Home Exchange is only liable where there has been a breach of material contractual conditions. In this case Golf Home Exchange's liability is limited to foreseeable loss typical for this type of contract.
The foregoing limitations on liability do not apply in respect of death, physical injury or damage to health.

§ 10 - Concluding Provisions
10.1 Any agreements which diverge from these provisions must be in written form in order to be valid pursuant to Section 126 b BGB (German Civil Code) (this includes e.g. writing, fax or email).
10.2 The Licence Agreement is subject to the law of the Federal Republic of Germany. This is without prejudice to mandatory statutory provisions to the contrary.
10.3 In the event of a change to these General Terms and Conditions, Golf Home Exchange undertakes to send the new version to the Users by email no later than two weeks before they come into effect. If no objection to the validity of the new General Terms and Conditions is made by the User within two weeks of receiving the said email, the amended General Terms and Conditions shall be deemed to have been accepted. In the email containing the amended General Terms and Conditions, Golf Home Exchange undertakes to draw the User's particular attention to the significance of failing to object within 2 weeks.
10.4 Where individual provisions of these General Terms and Conditions are or become invalid and/or impracticable, the remaining provisions of the General Terms and Conditions shall remain valid. The invalid or impracticable provision shall be replaced by a valid one which comes as close as possible to the economic meaning of the invalid or impracticable provision.
10.5 Any General Terms and Conditions of the User which differ from these are not accepted and will be rejected provided no express, written agreements to the contrary have been concluded.
10.6 The court with exclusive jurisdiction for disputes arising from this contractual relationship shall be Freiburg im Breisgau if the parties to the contract are traders, or the User has no place of general jurisdiction in Germany, or - where the User is being sued - the User moves his domicile or usual place of residence outside Germany after conclusion of the contract, or his domicile or usual place of residence is unknown when proceedings are instituted.

§11 - Service Provider

Golf Home Exchange GbR
Sabine and Peter Horner
Im Merzental 16
79280 Au (Germany)

Tel: (+49) 0761 1373912
Fax: (+49) 0761 2024516
Email: info(at)golfhome-exchange.com * (Please see note)

Names of authorised representatives/proprietors: Sabine and Peter Horner

Stand: November 2008

* Note: For reasons of security (e.g. due to spam mail) the @ character has been replaced by "(at)". If you would like to send us an email, please change it back to "@".