Termos do serviço

Welcome to TripSpotter (the "Platform"). These Terms of Use (the "Terms") form a legally binding agreement between you ("you", "your", the "User") and Tribe Music B.V. trading as TripSpotter ("TripSpotter", "we", "us", "our"). By accessing or using the Platform, you agree to these Terms. If you do not agree, please do not use the Platform.

1. Who We Are & What We Do

1.1 Metasearch/comparison service. TripSpotter is a curated metasearch and comparison Platform for accommodations and related travel services. We do not own, manage, or operate any accommodation listed on the Platform and we do not offer, sell, or fulfil reservations ourselves.

1.2 No booking agent / no party to your contract. When you click through from the Platform to a third‑party website or provider (a "Provider"), you leave TripSpotter and contract directly with that Provider. TripSpotter is not a party to your booking and is not responsible for payments, cancellations, amendments, overbookings, quality of the stay, or any other matter related to your reservation.

1.3 Curation. We publish editorial, curated lists and collections. Inclusion or ranking on TripSpotter does not constitute a recommendation, certification, guarantee of quality, or endorsement.

1.4 Not the whole market. TripSpotter does not necessarily display every option available in the market. Results are limited to the Providers with whom we can obtain information and may be filtered by our editorial curation and product settings.

2. Definitions

• Account: an optional user account you may create to save favourites, lists, alerts, or preferences.
• Content: any information, data, text, images, video, audio, rankings, editorial, listings, prices, availability, or other material on or via the Platform.
• Provider: any third party that lists, supplies, advertises, or otherwise provides accommodation or related services accessible from the Platform.
• Booking: a reservation you make with a Provider after clicking through from TripSpotter.

3. Using the Platform

3.1 Eligibility. You must be at least 18 years old and have legal capacity to enter contracts.

3.2 Personal use only. You may use the Platform for personal, non‑commercial purposes to search, compare and be referred to Providers. Any other use requires our prior written consent.

3.3 Prohibited conduct. You agree not to:

• use robots, spiders, scrapers, or other automated means to access, extract, index, or otherwise collect data from the Platform (including prices or availability), or to circumvent rate limits;
• interfere with or disrupt the Platform, or attempt to probe, scan, or test the vulnerability of any system or network;
• introduce malware, viruses, worms, or any harmful code;
• frame, mirror, or deep‑link to pages except as expressly permitted by us;
• use the Platform for speculative, false, or fraudulent enquiries;
• use the Platform in breach of law, these Terms, or third‑party rights (including intellectual property and privacy rights).

3.4 Linking to us. You may link to our home page in a fair and lawful manner that does not damage or take advantage of our reputation. You must not suggest any form of association, approval, or endorsement by us where none exists. We may withdraw linking permission at any time.

4. Accounts & Security

4.1 Information. If you create an Account, you must provide accurate information and keep it up to date.

4.2 Security. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your Account. Notify us immediately of any suspected unauthorised use.

4.3 Termination. We may close or suspend your Account (and/or access to the Platform) at any time, with or without notice, if we believe you have breached these Terms or applicable law.

5. Content, Accuracy & Availability

5.1 Third‑party data. Listings (including photos, amenities, house rules, prices, fees, taxes and availability) are often provided by Providers or obtained from third parties and may change at short notice. We do not guarantee that any Content is accurate, complete, current, or error‑free.

5.2 Dynamic pricing. Prices can be dynamic and subject to change; taxes, resort or service fees, and other charges may not be included in the price shown on TripSpotter. You must check the final price and inclusions on the Provider's site before booking.

5.3 Currency & conversions. Currency information displayed may be based on third‑party rates and is for guidance only. Final charges may be in a different currency.

5.4 Platform availability. The Platform (or any part of it) may be modified, suspended, or discontinued without notice. We do not guarantee that the Platform will be uninterrupted or free from errors.

6. Rankings, Labels, and How TripSpotter Makes Money

6.1 Editorial curation. TripSpotter is a curated comparison service. The order in which results appear is influenced by editorial selections, relevance to your filters, location and date inputs, user engagement signals, and/or availability of data from Providers.

6.2 Compensation & advertising. TripSpotter may receive fees or other benefits from Providers or affiliates when you click through to a Provider or make a booking there. Where a placement is paid advertising or otherwise preferential due to compensation, we will label it (e.g., "Ad", "Sponsored"). Paid placements do not constitute our endorsement.

6.3 Not advice. Rankings, scores, awards, or badges are expressions of opinion based on our criteria at a point in time. They are not guarantees of quality, safety, or suitability.

7. Third‑Party Sites, Bookings & Payments

7.1 Leaving TripSpotter. When you select an offer, you are redirected to a Provider's website/app. Your booking is governed by the Provider's terms, privacy policy, and customer‑service processes. TripSpotter is not a party to your booking and does not handle customer service for it.

7.2 Disputes & issues. For cancellations, changes, refunds, overbookings, loyalty benefits, accessibility requests, or special arrangements, contact the Provider directly. While we may, at our discretion, help escalate issues, we do not control the outcome.

7.3 Payments. TripSpotter does not collect or process payments for your stay. Any payment information you provide is supplied directly to the Provider or its payment processor.

7.4 Third‑party tools. Maps, reviews, and other widgets may be provided by third parties and are subject to their terms.

8. User Content & Feedback

8.1 Your content. If you submit reviews, photos, lists, comments, or other content ("User Content") to TripSpotter, you grant us a worldwide, non‑exclusive, royalty‑free, transferable, sublicensable licence to use, host, store, reproduce, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display such User Content in connection with the Platform and our business (including for marketing and re‑distribution in any media channels).

8.2 Your promises. You represent and warrant that you own or control all rights in your User Content; that it is accurate and lawful; that its use by us will not infringe any third‑party rights or laws; and that you have obtained all necessary permissions (including for any individuals depicted).

8.3 Moderation. We may (but have no obligation to) monitor, edit, refuse, or remove User Content at our discretion.

9. Intellectual Property

9.1 Ownership. The Platform and all Content (including text, graphics, logos, icons, images, audio/visual content, page layout, look‑and‑feel, software, and data) are owned by or licensed to TripSpotter and are protected by intellectual‑property laws.

9.2 Limited licence. We grant you a limited, revocable, non‑exclusive, non‑transferable licence to access and use the Platform for personal, non‑commercial purposes only, in accordance with these Terms.

9.3 Restrictions. Except as expressly permitted, you must not copy, reproduce, adapt, modify, translate, publish, distribute, transmit, sell, license, reverse‑engineer, or otherwise exploit any part of the Platform or Content.

9.4 Scraping and automated collection. Automated and/or systematic data collection from the Platform is prohibited without our express written consent.

9.5 Trademarks. "TripSpotter" and associated logos are our trademarks. Other names and logos belong to their respective owners. No rights are granted to use any trademarks without prior written permission.

10. Privacy & Cookies

10.1 Privacy Policy. Your use of the Platform is also governed by our Privacy Policy (which explains how we collect, use, share, and protect your personal data) and our Cookie Policy (which explains our use of cookies and similar technologies). These are incorporated by reference into these Terms.

10.2 Communications. If you create an Account or sign up for alerts, you agree to receive service and administrative emails. You can opt out of non‑essential marketing emails at any time using unsubscribe links or your Account settings.

11. Important Disclaimers

11.1 No recommendation or verification. TripSpotter does not verify Providers and does not recommend or guarantee any Provider, property, or offer.

11.2 At your own risk. Travel involves risks. You are responsible for assessing suitability, safety, and regulatory compliance (e.g., visas, local rules, travel advisories, and insurance).

11.3 No warranties. To the maximum extent permitted by law, the Platform and all Content are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory (including merchantability, fitness for a particular purpose, title, non‑infringement, and quiet enjoyment).

12. Liability

12.1 No responsibility for Provider acts/omissions. TripSpotter is not responsible for any act, error, or omission of any Provider or third party, including availability, pricing, descriptions, overbookings, cancellations, quality, safety, incidents, personal injury, property damage, or other losses or expenses arising from or related to your Booking.

12.2 Exclusions. To the extent permitted by law, we will not be liable for indirect, incidental, punitive, exemplary, or consequential losses; loss of profits, revenue, contracts, goodwill, data, or anticipated savings; or business interruption.

12.3 Cap. To the extent permitted by law, our aggregate liability to you for all claims arising out of or relating to these Terms or the Platform shall not exceed the greater of (a) EUR 100; or (b) the total amount (if any) you paid to TripSpotter for chargeable services in the 12 months preceding the claim.

12.4 Non‑excludable liability. Nothing in these Terms excludes or limits liability that cannot be excluded by law (e.g., for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation).

13. Indemnity

You agree to defend, indemnify, and hold harmless TripSpotter and our affiliates, and our/their respective directors, officers, employees, contractors, and agents from and against all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your breach of these Terms, your misuse of the Platform, or your violation of law or third‑party rights.

14. Copyright & Takedown

14.1 Notice procedure. If you believe that Content on the Platform infringes your intellectual‑property rights or is unlawful, please notify us with details sufficient for us to identify the material and your rights.

14.2 Repeat infringers. We may remove content and disable Accounts of repeat infringers where appropriate.

15. Sanctions, Export, and Anti‑Corruption

You represent that you are not located in, and will not use the Platform from, any jurisdiction subject to comprehensive sanctions or embargoes applicable to TripSpotter, and that you are not a sanctioned party. You will comply with applicable anti‑bribery and anti‑corruption laws.

16. Force Majeure

We will not be liable for any delay or failure to perform due to events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labour disputes, network or utility failures, governmental action, pandemics, or changes in laws/regulations.

17. Changes to the Platform and to these Terms

We may update the Platform and these Terms from time to time. Changes take effect when posted on the Platform (or at a later date stated in the update). Your continued use after changes take effect constitutes acceptance. If you do not agree, you must stop using the Platform.

18. Governing Law & Jurisdiction

These Terms and any dispute or claim (including non‑contractual disputes or claims) arising out of or in connection with them shall be governed by the laws of England and Wales (without regard to conflict‑of‑laws principles). You and we submit to the non‑exclusive jurisdiction of the courts of England and Wales. Mandatory consumer protections in your country of habitual residence remain unaffected.

19. Miscellaneous

19.1 Entire agreement. These Terms (together with the Privacy Policy and Cookie Policy) constitute the entire agreement between you and us regarding the Platform and supersede all prior understandings.

19.2 Assignment. You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganisation, or sale of assets.

19.3 Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force.

19.4 No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.

19.5 Language. We may provide translations; the English version controls.

19.6 Headings. Headings are for convenience only and do not affect interpretation.

20. Contact Us

TripSpotter (a trading name of Tribe Music B.V.)

Registered address: Retentieweg 24, 7572PH, Oldenzaal, The Netherlands

Email: info@tripspotter.co

Annex A – Country‑Specific Terms

United States (Arbitration & Class‑Action Waiver)

A.1 Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration administered by [JAMS/AAA] under its rules. You and TripSpotter waive any right to a jury trial and to participate in a class action or class‑wide arbitration. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to [insert address/email]. This clause does not apply where prohibited by law.

EU/EEA & UK (Consumer Information)

A.2 Nothing in these Terms affects your statutory rights as a consumer under applicable law. If you are resident in the EU/EEA or UK, you may be entitled to use local dispute‑resolution bodies or online dispute‑resolution platforms provided by your authorities. TripSpotter is not obliged to participate in, and does not commit to, alternative dispute resolution procedures unless required by law.

Australia

A.3 Nothing in these Terms limits any rights you may have under the Australian Consumer Law.

Annex B – Editorial Badges & Labels

• "Ad" / "Sponsored": placement influenced by compensation from a Provider or partner.
• "Editor's Pick" / "Collection": selected by our editorial team at our discretion (not paid).
• "From [€]": lowest price recently seen for given dates/filters; may exclude fees/taxes or may vary; subject to change.
• "Unavailable": Provider data does not show availability for selected criteria at the time of query.

Annex C – Acceptable Use

You must not (i) copy or scrape significant portions of the Platform; (ii) bypass robots.txt or rate‑limits; (iii) reverse‑engineer or access the Platform for a competing service; (iv) use the Platform to violate privacy, intellectual‑property, or other rights; (v) use any feature in a way that imposes an unreasonable load; or (vi) upload unlawful, defamatory, obscene, or misleading content.