Terms of Service

SwimNest Terms of Service (UK Edition)

1. Acceptance of Terms

By accessing or using the SwimNest website and services ("SwimNest" or the "Platform"), you agree to comply with these Terms of Service ("Terms"). These Terms form a binding agreement between you and SwimNest. If you do not agree, you must not use the Platform. You must be at least 18 years old to register as a user (Host or Guest) on SwimNest. Parents or legal guardians of any minors must supervise and assume responsibility for any minor’s use of a pool.

2. Definitions

"SwimNest" / "we" / "us" – refers to the SwimNest platform and company operating the service.

"Host" – a user who lists a private swimming facility (such as a swimming pool, hot tub, or similar aquatic facility) for rental through the Platform.

"Guest" – a user who books or uses a Host’s swimming facility via the Platform.

"Listing" – the online profile or page through which a Host offers their pool/facility for rental, including description, rules, pricing, and availability.

"Booking" – a binding agreement between a Host and a Guest for the temporary use of a Host’s pool at a specified date and time in exchange for payment.

"Pool" (or "Venue") – the swimming pool, spa, or other facility offered by a Host for private use by Guests.

Other capitalised terms may be defined elsewhere in these Terms.

3. Platform Nature and Role

3.1 Peer-to-Peer Marketplace: SwimNest is a facilitation platform that enables Hosts and Guests to connect for the rental of private pools. SwimNest is not itself a pool owner or operator, and we do not provide, manage, or control the pools or the actual rental transactions between users. When a Guest makes a Booking with a Host, the contract for use of the Pool is directly between the Guest and the Host, not with SwimNest. SwimNest is not a party to that contract and disclaims any control over the quality, safety, legality, or suitability of any Listing or Pool. We do not guarantee that any Pool or Listing will be as described, safe, or fit for purpose, and we do not endorse any Host, Guest, or Listing. Users should exercise their own judgment and due diligence when deciding to host or swim.

3.2 No Agency: SwimNest is not acting as an agent in any capacity for any user, except as explicitly stated for payment processing purposes. SwimNest is not an insurer or insurance broker for any Host or Guest. (See Section 9 on Insurance below.) Except for facilitating payments from Guests to Hosts, nothing in these Terms shall be construed as creating an agency, partnership, joint venture, or employment relationship between SwimNest and any user.

3.3 User Verification: While SwimNest may, at its discretion, implement user account verification steps (such as identity checks or host pool ownership verification), SwimNest does not guarantee the identity or background of any Host or Guest. You are responsible for verifying and satisfying yourself of the trustworthiness of the other party. SwimNest is not responsible for any user’s conduct, and you understand that use of the Platform is at your own risk.

4. User Accounts and Conduct

4.1 Registration: To use certain features of the Platform (such as creating a Listing or making a Booking), you must create an account and provide accurate, up-to-date information. You agree to provide truthful information about your identity, contact details, and (for Hosts) your Pool. You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. If you suspect unauthorized use of your account, you must notify SwimNest immediately.

4.2 User Conduct: All users must use the Platform and any Pools in a lawful and respectful manner. You agree not to: (a) misuse the Platform for any illegal or unauthorized purpose; (b) violate any local or national law or regulation in connection with your use of SwimNest; (c) transmit any harmful or disruptive code or content; or (d) harass, harm, or defraud any other user. SwimNest reserves the right to suspend or terminate your account for violations of these Terms or any policies, including any behaviour that is fraudulent, abusive, discriminatory, or that jeopardises the safety of others.

5. Host Obligations and Responsibilities

If you are a Host listing your facilities on SwimNest, you agree to the following terms in addition to all other provisions of these Terms:

5.1 Legal Right to Host: You represent and warrant that you are the owner of the Pool or have all necessary rights and permissions to allow Guests to use the Pool. The Pool must be located at a property that you have the legal authority to offer for short-term use. You must comply with any homeowner association rules, lease/rental restrictions, or other agreements that apply to the property. By listing a Pool, you confirm that doing so does not violate any agreements you have (e.g., with a landlord) and that you have obtained any required permissions or consents.

5.2 Compliance with Laws: Hosts are responsible for complying with all applicable laws, regulations, and local bylaws related to the operation of their Pool as a rental venue. This includes (where applicable) health and safety regulations for swimming pools, any required permits or licenses, occupancy limits, and requirements for facilities open to the public. You are responsible for determining and fulfilling any obligations to report or pay taxes arising from the rental income or usage of your Pool. SwimNest is not responsible for reporting or remitting a Host’s taxes unless required by law.

5.3 Insurance Requirement: SwimNest does not provide insurance for Hosts or Guests. As a Host, you must obtain and maintain appropriate liability insurance to cover any injuries, accidents, or damages that may occur in connection with your Pool rentals. We strongly recommend you review your homeowner’s insurance or a separate business liability policy to ensure it covers peer-to-peer pool rentals. By listing a Pool, you represent that you either have adequate insurance coverage or are financially responsible to cover any claims (i.e., you are self-insuring). SwimNest is not an insurer and will not cover your losses or liability. You agree to provide proof of insurance to SwimNest upon request. SwimNest will not intervene in insurance claims between Hosts and any third-party insurers.

5.4 Pool Safety and Maintenance: You are solely responsible for the condition, safety, and operation of your Pool and its surroundings. You must maintain your Pool in a safe, clean, and sanitary condition at all times for Guests. This includes:

• Water Quality: Maintaining proper water chemistry and clarity. The water should be filtered, treated, and tested as needed to meet health standards. (Industry best practices require Hosts to keep water chemistry in balance and free of harmful contaminants.) SwimNest makes no guarantees about water quality, but as Host you should not allow a Booking if the water is unsafe. If you cannot maintain water quality, cancel the Booking in advance.

• Safety Features: Providing appropriate safety measures and equipment. At minimum, your Pool area should have any legally required safety barriers (fencing/gates with locks), and it is recommended to have life-saving devices (such as life rings or reaching poles) available. You must also ensure the Pool has necessary safety hardware like a compliant drain cover to prevent entrapment. If your Pool has a deep end, diving board, or water slide, you must ensure these features comply with safety standards and post clear warnings or usage rules (e.g., “No Diving in Shallow End” or weight/age limits for slides).

• No Lifeguard & Signage: Unless you explicitly provide a qualified lifeguard during a Booking (which should be stated in your Listing), you must post or convey that “No Lifeguard is On Duty – Swim at Your Own Risk.” It is industry standard to have a "No Lifeguard On Duty" sign visible. As Host, you must inform Guests that they swim at their own risk and that you are not supervising. We recommend having onsite signage for Guests’ awareness (e.g., “WARNING: NO LIFEGUARD ON DUTY. Children must not use the pool without adult supervision. Swim at your own risk.”).

• Pool Rules: You should provide a set of Pool Rules to Guests (either in your Listing or at the property) to promote safe use. These may include rules such as maximum bather capacity, no running on deck, no glass containers, suitable hours for swimming, requirements for showering before use, etc. Hosts may reject or terminate a Booking if Guests violate safety rules or engage in dangerous behaviour.

• Monitoring and Emergencies: While you are not required to be present during a Guest’s rental (and often will not be), you should be reasonably available by phone or message to address urgent issues. Provide Guests with emergency contact information (for yourself or a designated person, and local emergency services). It is highly recommended that you keep basic first aid supplies at the Pool location and ensure the address is clearly posted in case Guests need to call emergency responders.

5.5 Accurate Listing Information: You must provide complete and truthful information in your Listing. This includes the Pool’s features (size, depth, amenities, etc.), availability, location, any hazards (e.g., “deep water – no diving,” “no fence – not suitable for young children,” etc.), and rules or requirements for Guests. Any conditions or limitations should be disclosed upfront to avoid surprises (for example, if parts of the property are off-limits, or if you require Guests to bring their own towels). You are responsible for keeping your Listing details and calendar up to date. Misrepresenting your Pool or failing to disclose important information that could affect safety or enjoyment may result in removal from the Platform and/or Guest claims for refund.

5.6 Hosting Standards: You agree to host Guests in a courteous and responsible manner. This means providing access to the Pool at the agreed time, ensuring the Pool and surrounding area are as described and ready for use (clean and in good working order), and not interfering with the Guest’s reasonable enjoyment (e.g., no sudden maintenance or additional unapproved visitors during the rental). Respect the privacy of Guests and do not engage in any harassing or discriminatory conduct. Any additional host-specific policies (like requiring a security deposit or cleaning fee) must be clearly stated in your Listing and comply with SwimNest’s guidelines.

5.7 Assumption of Risk (Host): You acknowledge that allowing strangers to use your Pool carries inherent risks to you and your property. While SwimNest provides these Terms and encourages safe practices, we do not provide guarantees or insurance for any damages. You agree that you assume the risk of any harm to your property or yourself that may result from hosting Guests to the extent not caused by SwimNest’s gross negligence. It is your responsibility to secure or remove any personal belongings around the Pool area that you do not wish to risk being damaged. If you have safety concerns about a particular Booking, you should not accept the booking.

5.8 Indemnity for Host Activities: As detailed in Section 10 below, Hosts agree to indemnify SwimNest for any claims arising from their failure to meet the above obligations or other negligence. If a Guest or any other third party (for example, a neighbour) brings a claim against SwimNest due to something that occurred at your Pool or due to your hosting activities, you agree to hold SwimNest harmless and cover all costs and losses (see Section 10).

6. Guest Obligations and Responsibilities

If you are booking and using a Pool as a Guest, you agree to the following terms in addition to all other provisions:

6.1 Payment and Booking Acceptance: When you request a Booking, you agree to pay all charges for the reservation, including the stated rental price, SwimNest’s service fees, and any applicable taxes or additional fees (collectively, the “Total Price”). You will be charged via the payment method you provide once the Host accepts your booking request (or immediately if it’s an instant-book listing). A Booking is considered confirmed when you receive a confirmation through the Platform. (See Section 7 for Payment Terms.) You must not circumvent the Platform’s payment system – all bookings should be paid through SwimNest (via our payment provider) to be valid and for you to receive any applicable support.

6.2 Adherence to Host Rules: You agree to read and comply with all rules and instructions provided by the Host in the Listing or on-site. This includes safety rules (e.g., maximum number of swimmers, prohibitions on diving, alcohol use, glass in pool area, etc.), as well as any instructions for using facilities (like operating a hot tub cover or pool heater). If the Host or SwimNest provides a code of conduct or specific Pool Rules, you must follow them. Failure to follow the Host’s rules or these Terms can result in immediate termination of your Booking without refund, and you may be asked to leave the premises.

6.3 Safety and Swim at Your Own Risk: You acknowledge that swimming and use of pool facilities carry inherent risks, including the risk of drowning, injury, or illness. Most private pools do NOT have a lifeguard on duty, and you agree that you and your invitees swim at your own risk. Guests are solely responsible for their own safety and the safety of any persons they permit to join them at the Pool.

No Lifeguard on Duty: You understand that the Host is typically not supervising the pool (and SwimNest never is), so all swimmers must exercise caution. Never swim alone and ensure children or non-strong swimmers are supervised by a capable adult at all times. If a minor (under 18) is present, a parent or responsible adult must always be present with them in the pool area. You agree to take all proper precautions given the environment (for example, not using the pool while intoxicated, not diving into shallow water, etc.). If the Pool has a sign that says “No Diving” or similar, you must obey it. If at any time you feel the Pool or its environment is unsafe for any reason (e.g. water looks cloudy, missing cover on a drain, broken glass on deck), you should stop using it and immediately inform the Host and SwimNest.

6.4 No Unauthorized Guests or Events: Your Booking is for the number of people specified in the reservation. You may not exceed the maximum guest count set by the Host or bring additional people without the Host’s approval. The Pool is to be used only for private recreational swimming and related activities by the Guest party. Large parties, events, or commercial uses (photo shoots, etc.) are not allowed unless explicitly permitted by the Host in the Listing and compliant with local regulations. Guests shall not allow any other persons to use the Pool who are not part of the booking. You also agree not to sublet or re-rent the Pool to anyone else.

6.5 Condition of the Pool: Upon arrival, if you notice any issue with the Pool’s condition or cleanliness that would make it unsuitable for use, notify the Host immediately (and also SwimNest if the issue is severe). Do not proceed to use a Pool that is clearly unsafe (for example, if you find the gate fence is broken and poses a danger, or the water is murky such that you cannot see the bottom). Minor issues should be communicated but may not entitle you to any refund unless they significantly impact safety or the core use of the pool. The Pool is provided “as is” by the Host, and while Hosts are expected to maintain standards, SwimNest does not guarantee water quality or overall condition. For instance, the Platform cannot ensure the water’s chemical balance or sanitation level at any given time – use of the Pool is at your own discretion and risk.

6.6 Damage and Cleanliness: You must treat the Host’s property with respect. Avoid damaging the pool, equipment, furniture, or any part of the property. Do not take any items from the premises. If you or your invitees cause any damage, you must report it to the Host (and SwimNest) as soon as possible, and you may be held responsible for the cost of repairs or replacements. SwimNest may facilitate resolution of damage claims between Host and Guest, which could include charging your payment method on file for the assessed damages (with prior notice and per our policies). Additionally, leave the Pool area in neat condition – pick up any trash, personal belongings, and follow any cleanup rules the Host provided. Do not contaminate the pool water (e.g., avoid excessive dirt, no urinating in the pool, etc.). The Host may charge an additional fee if you leave the area exceptionally dirty or fail to follow specific rules (like no glass, and you broke glass in the area, requiring an extensive cleanup).

6.7 Prohibited Conduct: While on the Host’s property, you agree not to engage in any illegal or dangerous activities. This includes not using illicit drugs, not carrying weapons, and not committing any acts of vandalism or violence. No glass containers in or around the pool (broken glass in a pool can require the pool to be drained). No diving into water that is not clearly deep enough (and generally no diving at all unless the pool is designed for it and the Host allows it). Follow any posted signs like “No Diving” or depth indicators. If smoking or alcohol is permitted by the Host, do so responsibly and in designated areas (and never leave cigarette butts or other litter). Under no circumstances should you tamper with any safety devices (such as removing a pool fence latch or disabling pool alarms).

6.8 Assumption of Responsibility: You are responsible for any people you invite to join you at the Pool (within the allowed number). If you bring guests (friends, family), you are liable for their behaviour and compliance with these Terms and the Host’s rules. You should ensure they understand the risks and rules. By agreeing to these Terms, you agree that you voluntarily assume all risk of injury, illness, damage, or loss arising from using the Pool, and that you will not hold SwimNest responsible for any incidents or injuries that occur during your use of the Host’s Pool, barring those directly caused by SwimNest’s own actions. You also agree not to attempt to hold the Host liable for injuries inherent in the normal use of a pool that were not due to the Host’s negligence (for example, if you slip on wet surfaces which are inherently slippery, that is a risk you assume).

6.9 Reporting Issues: If an incident occurs during your rental (injury, property damage, conflict with the Host, etc.), you must notify SwimNest as soon as it is safe to do so. In the event of an emergency (someone is injured or in danger), call the local emergency services first. SwimNest can assist in documenting the incident or mediating if appropriate, but remember that SwimNest is not a safety service or insurer – primary response to any accident should be through emergency services.

6.10 No Third-Party Agreements: You should not ask the Host to provide services or agreements outside of the SwimNest Platform during your stay (e.g., asking for extra time off platform in exchange for cash). SwimNest’s Terms cover your use, any separate arrangements are not endorsed and are outside our protections.

By adhering to these Guest obligations, you help ensure a safe and enjoyable experience for yourself, the Host, and others. Failure to follow these obligations may result in your account being suspended or banned from SwimNest and, where appropriate, legal action.

7. Bookings, Payments, and Fees

7.1 Platform Payment System: All payments for Bookings must be made through the SwimNest Platform using our designated payment processor (currently Stripe). Guests will be charged through the Platform, and Hosts will receive payouts through the Platform, less any applicable fees. By using SwimNest, you agree to the Payment Terms as described here and you authorise SwimNest to handle payments as outlined. SwimNest acts as a limited payment collection agent on behalf of the Host solely to collect payments from Guests and remit them to the Host. This means that payment from a Guest to SwimNest is considered the same as payment made directly to the Host, and the Host is then obligated to provide the agreed Pool access to the Guest. Hosts agree that they will not solicit or accept off-platform payments; doing so can result in removal from SwimNest.

7.2 Service Fees and Commission: SwimNest charges a service fee (commission) for each completed booking in order to sustain the platform’s operations. The fee structure (such as percentage of the booking price or flat fees) will be communicated to you and visible at checkout (for Guests) or in your Host payout summary.

Host Payouts = Total Price paid by Guest minus SwimNest’s service fee and any applicable transaction fees or taxes.

For example, if a Guest pays £100 for a booking and SwimNest’s commission is 15%, the Host would receive £85 (before any applicable taxes on the Host’s income). SwimNest reserves the right to modify its fees in the future and will provide notice of any fee changes in advance as required. Service fees are generally non-refundable once a booking is completed, except as otherwise stated in our cancellation policy or required by law.

7.3 Payment Processing: Payments on SwimNest are processed by third-party payment processors (such as Stripe). By inputting your payment information (credit card or other accepted method), you consent to the processing of charges by these third-party processors. SwimNest itself does not collect or store your full payment card details. Payment processing is subject to the third party’s own terms and conditions. While SwimNest takes care in selecting reputable payment providers, we are not responsible for errors or security breaches by these providers, or any losses arising from their services. Any payment-related issues (such as a declined card, payment disputes, or suspected fraud) may result in the booking not being completed or being cancelled. SwimNest reserves the right to cancel any booking if payment is not successfully processed.

7.4 Timing of Charges and Payouts: Guests will typically be charged the Total Price at the time a booking is confirmed (unless a specific alternative schedule is displayed at checkout). Hosts generally receive their payout after the scheduled booking time has occurred, subject to a processing period. (This policy is to ensure that bookings that don’t go ahead or that are cancelled/refunded appropriately don’t leave the Host or SwimNest in a position of having to claw back funds.) The exact timing may vary, but usually Host payouts are initiated within [24–48 hours] after the end of the booking, to the Host’s specified payout method. Hosts are responsible for providing accurate payout information (bank account details, etc.). SwimNest is not liable for loss of funds due to incorrect payout information provided by the Host.

7.5 Cancellations and Refunds

Each SwimNest host selects a cancellation policy for their listing. Guests are responsible for checking the policy before booking. By confirming a booking, you agree to the cancellation terms shown on the listing. SwimNest offers four cancellation tiers:

• Easy-going
  Full refund if cancelled 24 hours or more before the booking start time.
  No refund within 24 hours of the start time.

• Balanced
  Full refund if cancelled 72 hours or more before the booking start time.
  50% refund if cancelled between 24 and 72 hours before.
  No refund within 24 hours of the start time.

• Cautious
  50% refund if cancelled 72 hours or more before the start time.
  No refund within 72 hours.

• All Bookings Final
  No refund is provided after booking confirmation.

Guests should review the cancellation policy before booking. In general, if a Guest cancels a booking, they may receive a refund in accordance with the Host’s policy, but SwimNest’s service fee may be non-refundable except in certain circumstances. If a Host cancels a booking, Guests will receive a full refund of what they paid, including service fees. SwimNest reserves the right to impose penalties on Hosts who cancel bookings without valid cause (such as automatic posting of a review indicating a cancellation, or temporary suspension). Notwithstanding any policy, SwimNest may intervene in cases of extenuating circumstances or safety issues to override the standard cancellation terms in the interest of fairness (e.g., if a Guest arrives and finds the pool in an unusable condition, or a natural disaster prevents the booking). SwimNest’s decision on any such cancellation resolution is final.

7.6 No Cash Transactions: All transactions must be completed through SwimNest. Guests should not pay Hosts in cash, and Hosts should not request cash or direct payments. This ensures both parties are protected by these Terms and any applicable guarantees. If any user attempts to arrange an off-platform payment or booking, please report it to SwimNest.

7.7 Currency: All prices are listed in the currency indicated on the Platform (by default, GBP – British Pounds Sterling – for UK-based listings). If you are using a payment method in a different currency, the payment provider might charge currency conversion fees or use their exchange rate; SwimNest is not responsible for those conversion differences. Hosts will be paid in the currency they select for payouts (which may be their local currency), and conversion fees may apply if different from the booking currency.

7.8 Stripe Connect (for Hosts): Hosts may be required to create or connect a Stripe (or other payment processor) account to receive payouts, as SwimNest may use Stripe Connect to facilitate payments. Hosts agree to complete any required onboarding (which may include providing identification information, bank details, etc.) and to abide by Stripe’s Connected Account Agreement. SwimNest is not responsible for Stripe’s actions, or any holds they might place due to verification requirements or suspected fraud; however, we will assist Hosts in resolving payout issues where possible.

7.9 Security Deposits: At this time, SwimNest does not collect or hold security deposits for bookings. Hosts may not require separate deposits outside of the SwimNest platform. However, by confirming a booking, Guests agree to take full financial responsibility for any damage they or their party cause during their use of the Host’s property. If a Host reports damage after a booking, they may submit a claim to SwimNest with supporting evidence (such as photos, descriptions, or communications). SwimNest may review the claim and, where appropriate, seek to recover the cost from the Guest, including by charging the Guest’s stored payment method or arranging repayment directly. While no deposit is taken in advance, this clause serves to protect Hosts from damage and to make clear that Guest liability applies to all bookings. Any disputes related to damage will be reviewed on a case-by-case basis, and SwimNest’s decision is final.

7.10 Platform Fee Changes: SwimNest may, in the future, introduce new services (such as subscription models for frequent users or premium listings) or adjust existing fees. We will notify users of any material changes to fee structures via the Platform or email and such changes will apply only to bookings or services going forward (not retroactively to bookings already made).

8. Disclaimers and Assumption of Risk

8.1 No Endorsement or Guarantee by SwimNest: SwimNest facilitates peer-to-peer pool sharing but does not guarantee or certify the safety, condition, or legality of any Pool or Listing. Any ratings or reviews on the Platform are generated by users and do not constitute an endorsement by SwimNest. We do not inspect every pool, nor do we verify every Host’s compliance with all regulations. Use of a Pool is at the Guest’s own risk. Hosts and Guests acknowledge that SwimNest makes no representations or warranties of any kind, express or implied, about the Pool, the accuracy of Listings, the suitability of the Pool for any particular purpose, or the conduct of Hosts/Guests. To the maximum extent permitted by law, SwimNest disclaims all warranties related to Listings and Pool rentals, including any warranty of quality, fitness for purpose, safety, or that the experience will meet Guests’ expectations.

8.2 “Swim At Your Own Risk” – No Lifeguard Provided: Guests and Hosts agree that private pool rentals through SwimNest are generally unsupervised. No lifeguard or emergency personnel is provided by SwimNest or the Host (unless the Host explicitly offers one). Both parties understand that swimming involves inherent risks – including serious injury or death – which cannot be eliminated even with proper maintenance. Guests assume full responsibility for monitoring their group’s safety. All swimmers should behave prudently and within their abilities. It is highly recommended that no one swims alone and that at least one person in the group is CPR-trained or able to call for help if needed. Hosts are not expected to supervise and may not be present; thus, vigilance is up to the Guests. Warnings such as “NO LIFEGUARD ON DUTY – SWIM AT YOUR OWN RISK” are hereby communicated and agreed by you in these Terms (even if a physical sign is not present, the condition still applies).

8.3 Water Quality and Health: SwimNest does not control or test water quality. Hosts are tasked with maintaining water chemistry (proper chlorine/bromine levels, pH, etc.) and filtration, but SwimNest makes no guarantee that the water is safe or free of contaminants. Natural and treated bodies of water can harbour bacteria, viruses, or other agents that might cause illness (e.g., recreational water illnesses). By using the Pool, Guests acknowledge these risks. If you have a health condition that could be affected by swimming (such as a weakened immune system, open wounds, or chlorine allergy), consult a physician before swimming. SwimNest is not liable for any illness allegedly contracted from pool water or the environment. It is recommended that Hosts follow industry guidelines for water maintenance, and that Guests shower after swimming. If a Guest notices the water is excessively cloudy or has an off odour (which can indicate poor sanitation), they should avoid using the pool and contact SwimNest. However, minor variations in water chemical levels can occur and are part of assumed risk. No warranty is given regarding water temperature, weather conditions, or other natural variables – outdoor pools may be affected by weather (rain, cold, etc.) and SwimNest cannot control this. Hosts should accurately describe if their pool is heated or not, but even then, temperatures can vary.

8.4 Condition of Facilities: The Guest understands that they are using a private facility, which might not have the same design or safety features as a public pool facility. For example, there may not be depth markers on the pool edges, the pool might have unique shapes or features, surfaces could be uneven or slippery when wet, etc. Guests must exercise caution in and around the pool area (e.g., no running on wet deck, careful on stairs, etc.). Hosts are expected to remove obvious hazards, but there may be features inherent to the property (like a low patio step or decorative rocks) that require attention to avoid tripping. All use of the property is at the Guests’ own risk. If equipment is provided (e.g., pool slide, diving board, ladder, hot tub, grill, etc.), it is used at your own risk. Neither SwimNest nor the Host guarantees equipment is perfectly maintained, though Hosts should only offer it if in working order. If you find any equipment unsafe (wobbly ladder, etc.), do not use it and inform the Host.

8.5 No Professional Advice: Any guidance or suggestions provided by SwimNest (through our website, blog, customer support, etc.) about safety practices, insurance, or any other topic is for general informational purposes only and does not constitute professional advice or an assurance. Users are responsible for consulting their own experts (e.g., insurance advisors, legal counsel, pool safety experts) for their specific situation. For instance, if we provide a checklist for pool safety, it is not exhaustive and following it does not guarantee prevention of all accidents.

8.6 Third-Party Services: Users might employ third-party services in conjunction with a SwimNest booking (for example, a Guest hiring a private lifeguard from an outside service, or a Host using a pool cleaning service). SwimNest is not responsible for the actions or quality of any third-party service even if mentioned or integrated on our Platform. Those third parties are not agents or employees of SwimNest. Please review their terms and use them at your discretion.

8.7 Host’s Additional Disclaimers: A Host may provide a separate waiver or disclaimer for Guests to sign on-site. For example, some Hosts might ask Guests to sign a physical “Pool Liability Waiver” acknowledging no lifeguard and assumption of risk. By agreeing to these SwimNest Terms, you equally agree to the substance of such waivers – namely, that you are aware of the risks and will not hold the Host or SwimNest liable for ordinary negligence. However, do note that nothing in these Terms or any waiver can waive rights or claims that cannot be waived under law (see Section 9 and 11). If a Host presents you with any document that significantly expands your liability beyond what is stated here or contradicts these Terms, please inform SwimNest, as these Terms will take precedence in your relationship with SwimNest.

In summary, SwimNest does not oversee the Pools and cannot prevent every possible incident. By using the Platform, both Hosts and Guests accept that risk is inherent and agree to assume that risk to the fullest extent permitted by law. Always prioritise safety and act responsibly.

9. Limitation of Liability

9.1 SwimNest’s Liability to Users: To the fullest extent permitted by law, SwimNest (including our affiliates, directors, employees, and agents) will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, loss of data, loss of goodwill, or for any personal injury or property damage arising out of or in connection with your use of the Platform or any Pool. SwimNest is not responsible for, and you agree not to hold us liable for, the conduct or misbehaviour of any Host or Guest or the condition of any Pool. This means that if you are injured, suffer loss, or experience any damage during a Pool rental, you acknowledge that SwimNest did not cause it and is not liable for it. Hosts alone are responsible for the condition of their property and any issues arising there, and Guests assume the risk of swimming (as described in Section 8). In the event that SwimNest is found liable for any claim or dispute arising out of these Terms or your use of the Platform (whether in contract, tort, or any other legal theory), our liability to you will be limited to the total amount of fees we charged you in the 12 months prior to the event giving rise to the liability, or £100, whichever is greater, to the extent such limitation is permitted by law. If you did not make any payments to SwimNest (for example, if you are a Host and the claim is not related to payments you made), then SwimNest’s liability shall be capped at £100. This limitation reflects the allocation of risk between you and us in this marketplace arrangement.

9.2 No Liability for Personal Injuries or Property Damage at Pools: SwimNest will not be liable for personal injuries, death, or property damage that occur at the Pool location. Those risks are between Guests and Hosts. Guests waive and release SwimNest from any claims or liability for any injury or loss suffered on a Host’s property (except to the extent caused directly by SwimNest’s own negligence or wilful misconduct). Hosts waive and release SwimNest from any claims for any damage to their property or injuries that they suffer related to hosting (except to the extent caused by SwimNest). Hosts and Guests should carry appropriate insurance themselves to cover such risks, as SwimNest provides no insurance or guarantee (see Section 5.3 and 9.4).

9.3 Platform Provision “As Is”: SwimNest provides its website and services on an “as is” and “as available” basis without warranties of any kind. We do not warrant that the Platform will be uninterrupted, error-free, or secure. We do not guarantee that Listings will generate bookings or that every booking will go smoothly. Any guidance we provide (such as safety tips or recommended prices) is informational only, and you have no cause of action for not following it or if following it doesn’t lead to a certain outcome. You acknowledge that SwimNest’s role is limited to providing the booking platform and facilitating payments, and that the primary liability rests with the users involved in the transaction.

9.4 Non-Excludable Liability: Nothing in these Terms shall limit or exclude liability for death or personal injury caused by that party’s negligence, fraud, or fraudulent misrepresentation, or any other liability which cannot be limited or excluded by law. In other words, SwimNest is not attempting to exclude liability for our own negligence if it results in death or personal injury (for example, if we somehow provided equipment that we knew was dangerously faulty and it caused harm, which is unlikely since we don’t provide physical goods—but this is a legal safeguard). However, because SwimNest’s role is primarily online and facilitatory, it is unlikely for us to have direct negligence in on-premise injuries. Still, this clause ensures that any mandatory legal protections for consumers are preserved.

9.5 Consumer Rights: If you are using SwimNest as a consumer (not in the course of a business), you may have certain statutory rights under applicable law (for example, relating to services being provided with reasonable care and skill). Nothing in these Terms is intended to limit or exclude those rights to the extent they cannot be waived. However, where you use the Platform for personal enjoyment (like booking a leisure activity), many of the above disclaimers and limitations will still apply because they concern the allocation of risk in a private property usage scenario.

9.6 Specific Jurisdictional Rights: These Terms are governed by UK law (see Section 12), which may have specific provisions on unfair contract terms. We believe these Terms strike a fair balance, but if any provision is found to be unenforceable, the rest remain in effect (see Section 11.3 Severability). By agreeing to these Terms, you understand that SwimNest’s liability is limited and you bear much of the risk for your use of the Platform and participation in Pool rentals. This allocation of risk is reflected in the fact that SwimNest is not charging you exorbitant fees for a fully insured, managed experience, but rather enabling a peer-to-peer arrangement. Please consider obtaining personal insurance if you want additional protection beyond what is provided here.

10. Indemnification (Protecting SwimNest)

You agree to indemnify, defend, and hold harmless SwimNest and its affiliates, officers, directors, employees, and agents (the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) that arise out of or relate to:

(a) your breach of these Terms;
(b) your violation of any laws, regulations, or third-party rights in connection with your use of SwimNest;
(c) your own conduct and interactions with other users of the Platform (including any injuries, death, or property damage arising out of your hosting a Guest or your visit to a Host’s Pool);
(d) any failure by you to maintain insurance or safety standards that leads to a claim by another party;
(e) any claim by a third party against SwimNest related to your content or your Pool (for Hosts, this could include claims of nuisance by neighbours, or claims that your Listing content infringes on someone’s rights; for Guests, it could include claims that you damaged someone’s property or injured someone); or
(f) any taxes or fees, including failure to report or pay applicable taxes, arising from your use of the Platform (for example, if a tax authority pursues SwimNest for not collecting VAT that was your obligation, or similar).

To put it plainly, if SwimNest gets sued or incurs costs because of something you did or failed to do, you agree that you will step in to protect SwimNest and cover those costs. This indemnification obligation will survive termination of your relationship with SwimNest.

For example, if you are a Host and a Guest slips and injures themselves at your Pool, they might sue both you and SwimNest. If they sue SwimNest, these Terms mean you promise to cover SwimNest’s costs (including legal fees, settlements, damages) because the issue arose from your property and hosting. Similarly, if you are a Guest and you punch a hole in the Host’s pool liner causing damage, and the Host demands compensation from SwimNest, you’d be responsible for that.

This indemnity covers claims of any kind, whether based on contract, tort (injury law), or other grounds. It includes, without limitation, claims for personal injury or death, property damage, economic loss, or other harm, even if such claims allege that SwimNest was negligent in some way (however, it would not cover SwimNest’s own sole gross negligence or wilful misconduct, if any, as in such a case SwimNest would be directly liable). SwimNest reserves the right to assume the defence and control of any matter otherwise subject to indemnification by you (at your expense), in which case you agree to cooperate with our defence strategy. You must not settle any claim affecting an Indemnified Party without our prior written consent.

Important: This Section 10 does not limit any other liability you have to SwimNest or obligations you have under these Terms or applicable law. It is an additional protective measure for SwimNest. We truly hope it’s never needed, but it’s standard for sharing platforms to include such terms.

11. Miscellaneous Provisions

11.1 Termination of Use: You may stop using SwimNest at any time by deleting your account. SwimNest may terminate or suspend your account and access to the Platform (i) if you breach these Terms or violate any applicable law, or (ii) if SwimNest suspects fraudulent, abusive, or dangerous behaviour, or (iii) for any other reason in our reasonable discretion (for example, if you repeatedly receive poor reviews as a Host or Guest indicating you may pose a risk to the community). We will endeavour to provide notice of any such termination or suspension when feasible. If your account is terminated, you remain bound by these Terms in relation to any prior use (for example, obligations to pay or indemnify, sections on limitation of liability, etc. survive). Any bookings that have not yet occurred at the time of termination may be cancelled at SwimNest’s discretion (with appropriate refunds or payouts as per the Terms).

11.2 Intellectual Property: SwimNest’s website and services, including all content, branding, and software, are protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works from SwimNest’s content or software. Hosts grant SwimNest a license to use the content of their Listings (such as photos and descriptions) for the purposes of advertising and operating the Platform. Users may not use “SwimNest” or our logos without permission, except to refer truthfully to our services.

11.3 Severability: If any provision of these Terms is held to be invalid, void, or unenforceable by a court of competent jurisdiction or under applicable law, that provision shall be struck out or limited to the minimum extent necessary, and the remaining provisions of the Terms will remain in full force and effect. In other words, the invalid part does not invalidate the rest of the agreement – we will interpret and enforce the Terms as if the invalid part weren’t included, or as modified to be valid.

11.4 No Waiver: If SwimNest does not enforce a provision of these Terms in a particular instance, it does not mean we are waiving our right to enforce it in the future. Any waiver of rights by SwimNest under these Terms must be explicit and in writing. Similarly, you are not allowed to assume anything is forgiven or permitted unless we explicitly say so.

11.5 Updates to Terms: SwimNest may update or modify these Terms from time to time. If we make material changes, we will notify users via email or via a prominent notice on the Platform prior to the change becoming effective. The most current version of the Terms will be available on our website and will list the “Effective Date.” By continuing to use SwimNest after updates come into effect, you agree to be bound by the revised Terms. If you do not agree to the changes, you must stop using the Platform and may request deletion of your account.

11.6 Entire Agreement: These Terms, along with any supplementary policies or guidelines incorporated by reference (such as the Privacy Policy, Cancellation Policy, etc.), constitute the entire agreement between you and SwimNest regarding the Platform and supersede any prior agreements or understandings (whether oral or written). You acknowledge that you have not relied on any representation, warranty, or statement that is not expressly set out in these Terms.

11.7 Relationship of Parties: SwimNest and users are independent contracting parties. Nothing in these Terms creates a partnership, joint venture, franchise, or employment relationship between SwimNest and any user. You do not have any authority to bind SwimNest, and neither do we have authority to bind you, in any contractual dealings with third parties.

11.8 Third-Party Rights: These Terms are between you and SwimNest. Except for indemnified parties under Section 10 (who are expressly intended to benefit from the indemnity), no other person has any rights to enforce any term of these Terms under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

11.9 Force Majeure: SwimNest shall not be liable for any failure or delay in performing its obligations (other than payment obligations) due to causes outside its reasonable control, such as natural disasters, strikes, war, terrorism, governmental action, network or utilities outages, pandemics, or other force majeure events. If such events affect a booking (e.g., a natural disaster making a pool unusable), we will endeavour to assist with cancellations or rescheduling consistent with our policies.

11.10 Notices: Notices to SwimNest under these Terms (for example, legal notices) should be sent to our registered address and via email to [support@swimnest.co.uk]. Notices to you may be sent to the email address associated with your account or via the Platform notification system. You are responsible for keeping your contact information up to date.

12. Governing Law and Dispute Resolution

12.1 Governing Law: These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter are governed by and construed in accordance with the laws of England and Wales (United Kingdom). If you are a consumer residing in another part of the UK (Scotland or Northern Ireland), you may have the benefit of mandatory provisions of the laws of that jurisdiction; however, to the extent permitted, the law of England and Wales will apply.

12.2 Jurisdiction: You and SwimNest agree that the courts of England and Wales shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with these Terms or your use of the Platform (unless otherwise required by consumer protection laws, which might allow you as a consumer to bring an action in your country of residence). If you are acting as a business, you agree that all disputes will be subject to the exclusive jurisdiction of the English courts.

12.3 Alternative Dispute Resolution: We encourage users to contact SwimNest’s support team to resolve any issues informally before resorting to legal action. In the event of a dispute, we (at our discretion) may offer to facilitate a mediation or arbitration through a neutral third-party, subject to both parties’ agreement. However, this is not mandatory and does not restrict either party’s right to seek remedies in court as provided above.

12.4 Complaints: If you have any complaints about the Platform or a booking, you may contact us at [support@swimnest.co.uk]. We will try to respond and address your concerns promptly. Complaints about another user (Host or Guest) may be shared with that user as part of resolution, so please be clear and factual.

12.5 Consumer Online Dispute Resolution: If you are a consumer in the UK or EU, note that the European Commission provides an Online Dispute Resolution (ODR) platform, which you can access, but SwimNest is not obligated to resolve disputes via ODR. We mention this for awareness: the ODR portal is at http://ec.europa.eu/consumers/odr. Our contact email for ODR purposes is [support@swimnest.com]. We prefer direct communication to resolve issues, as stated above.

By using the SwimNest Platform as a Host or Guest, you certify that you have read, understood, and agree to these Terms of Service in their entirety. Both Hosts and Guests have significant responsibilities and liabilities under these Terms – if you are unsure about any provision, please seek clarification before proceeding to use the Platform. SwimNest’s goal is to create a fun and safe way to share swimming experiences; these Terms are designed to protect all participants and the company. Thank you for being a part of SwimNest, and please swim safely!

Effective Date: 1st July 2025