Terms of Use and Contracting

Last updated: December 21, 2023

1.- Ownership

This site is owned and operated by Tripresale S.L. (hereinafter referred to as Tripresale), with registered address at Calle Isaac Newton s/n, Edificio Disset, Office C-6, Parc Bit, 07121 Palma, Balearic Islands, Spain.

VAT ID: B56359516

Email: eduardo.martinez@tripresale.com

Tripresale S.L. is registered in the Commercial Registry of Palma de Mallorca in Volume _3026_, Sheet _222_, Entry 1, Book ___, Folio 98063_.

2.- Acceptance

Tripresale (hereinafter referred to as the Service) is available to any user and is subject to the following terms and conditions: these Terms of Use and Contracting, our Privacy Policy, and our Cookie Policy.

By using the Service, you agree to our terms and conditions, committing not to use this site for illegal purposes.

3.- Service Description

3.1.- Service

Through the Service, Tripresale is developing advanced technology to convert bookings into NFTs, creating an innovative travel market. This market allows anyone to buy or sell NFTs associated with travel services easily and effectively. It operates through smart contracts specifically designed, enabling users (referred to as "Users") to view, purchase, and sell NFTs related to pre-paid and non-refundable bookings for specific travel services, such as hotel accommodations, for specified dates ("Reservation").

These Reservations are provided by travel service providers ("Service Providers"). Once purchased, NFTs behave similarly to a ticket, allowing Users to redeem and enjoy the service on the specified dates, just like a traditional booking, or resell them on the market. Users have the option to resell each NFT until the specified date and time limit on the platform, which varies according to the time zone.

For example, if the deadline expires at 23:59 (according to the corresponding time zone) on the day before the Reservation date, and the check-in date is August 1, 2023, the User can sell the Reservation NFT until July 31, 2023, at 23:59 local time. At that time, ownership of the NFT will change hands.

3.2.- Operation

The creation and marketing of reservation NFTs proceed as follows:

A.- Scenario where the original reservation customer wishes to proactively resell the reservation:

a) Customers of Business Partners, when making a non-refundable pre-paid reservation (for a specific service on specific dates) in the Reservation System, have the option to transform their reservations into sellable NFTs. To do so, they will receive an email from Tripresale immediately after making the reservation on the collaborating hotel's website.

Reservation NFTs can be resold to third-party buyers at a price set by Customers, although this amount may be subject to limitations according to each hotel's policies.

b) To resell a reservation, the Customer must follow the instructions provided by Tripresale, which include registering on the Tripresale platform, defining the sale price, setting up a billing account, and accepting the conditions. Once this process is completed, the Reservation NFT is created, and the Customer can access their control panel on Tripresale to manage the NFT Reservation.

c) The holder of a Reservation NFT becomes the exclusive owner of the cryptographic token representing the Reservation. After creation, each Reservation NFT is stored in Tripresale's centralized wallet but remains visible in the market for other Users without revealing the owner's data.

d) The owner of the Reservation NFT has the option to redeem the Reservation NFT or sell it on the market to third-party buyers. If they decide to sell it, the NFT will be displayed on the market with the price set by the owner.

B.- Scenario where the original reservation customer does NOT want to proactively resell the reservation:

a) If the original owner of the reservation has not yet decided whether to redeem or sell their reservation, it will be anonymously displayed on the Tripresale platform without a defined sale price, only showing the original purchase price that the Customer paid to the Business Partner. Any User can make an offer to buy it. The Reservation owner has the option to accept or reject the User's offer.

3.3.- Usage

Tripresale is not a wallet provider, intermediary, financial entity, or lender, and NFTs are not considered financial products. Instead, Tripresale is a web3 technology-based service operating on the Polygon blockchain. Its main focus is on creating and marketing NFTs. Tripresale establishes business partnerships with hotels and travel service providers (referred to as "Business Partners") that have their own reservation systems ("Reservation Systems"). Through these partnerships, the Tripresale platform enables Users and Business Partners to sell NFTs to third-party buyers in a peer-to-peer digital marketplace.

4.- External Links

The Service may contain links to other websites. However, Tripresale has no control over these sites or their content, which is subject to their own terms and conditions. Therefore, Tripresale is not responsible for the quality, accuracy, or truthfulness of the information contained therein.

5.- Age

Regarding registration on our Service or the hiring of any of our products, you declare that you are of legal age and have the necessary legal capacity to be bound by this agreement and use the site in accordance with its terms and conditions, which you fully understand and acknowledge.

You declare that all the information you provide to access the Service, before and during its use, is true, complete, and accurate.

6.- Intellectual and Industrial Property

The content and information of the Service (including, but not limited to, text, sound, or image data), as well as the hardware or software elements used to provide such content and information, are the property of Tripresale or have the necessary authorizations for their use.

Additionally, the modification, reproduction, duplication, copying, distribution, sale, resale, and other forms of exploitation for commercial purposes or equivalent of the Service are prohibited.

For any other use of the content of the Service, you need our prior written consent.

7.- Operations and Transactions

7.1.- Acquisition

To acquire an NFT on Tripresale, the User must:

a) Register or log in to the Tripresale Platform;

b) Pay the NFT amount.

The NFT is linked to an irrevocable Reservation. However, if the plans of the NFT owner change, they have the option to sell the NFT to third parties. When an NFT owner chooses to sell their NFT, they can freely set the price (subject to possible limitations by the partner, restricting the sale to the acquisition price or lower). The NFT price includes only what is explicitly set in its Reservation; it does not include other services and possible accommodation charges, as identified during the check-in process by the service provider. When buying or selling an NFT, the responsibility to pay all applicable taxes, including, for example, sales and accommodation taxes, is acknowledged.

Specifically, in the context of the NFT exchange, the following End User Information must be provided to Tripresale:

a) Name

b) Last Name

c) Email address

d) Mobile phone number

e) Gender

f) Nationality

g) Passport ID or ID card

This data is collected by the service provider during the check-in process.

The payment of the NFT is made through a specific payment platform chosen by the user. The payment service is provided by an external provider.

7.2.- Responsibility for Incorrect Information

In the event of incorrect or incomplete information provided by the user, Tripresale is not responsible for the impossibility of processing the NFT.

7.3.- NFT Change of Ownership

a) When a User purchases an NFT, they become the owner of the cryptographic token associated with the NFT. This token represents the ownership of the Reservation and is stored in the centralized wallet.

b) The NFT owner has the option to redeem the Reservation by contacting the service provider directly. The instructions on how to do this are sent to the User upon successful purchase of the NFT.

c) The NFT owner also has the option to sell the NFT to third-party buyers through the Tripresale platform. To do this, the owner can set the sale price and display the NFT on the market.

d) If the owner decides to sell the NFT, the transfer of ownership will be executed through the blockchain. The buyer will become the new owner of the NFT, and the associated Reservation will be transferred to them.

e) Once the NFT changes ownership, the new owner has the option to redeem the Reservation or resell the NFT.

7.4.- Expiration of the NFT

a) Each NFT has an expiration date, which is specified during the purchase process.

b) If the NFT is not redeemed or resold before the expiration date, it becomes invalid, and the associated Reservation is no longer available.

c) Tripresale is not responsible for any loss incurred by the owner due to the expiration of the NFT.

8.- Refund Policy

As NFTs represent non-refundable reservations, Tripresale does not offer refunds for NFT purchases.

9.- Complaints and Disputes

For any complaints or disputes, please contact Tripresale at the email address provided in the "Ownership" section.

10.- Applicable Law and Jurisdiction

This agreement is governed by Spanish law. Any dispute arising from the interpretation or execution of this agreement will be submitted to the courts and tribunals of the city of Palma de Mallorca, with the parties expressly waiving any other jurisdiction that may correspond to them.

11.- Changes to the Terms of Use and Contracting

Tripresale reserves the right to modify these Terms of Use and Contracting at any time. Any changes will be published on this page, and the date of the last update will be indicated at the beginning of the document.

12.- Privacy Policy and Cookie Policy

For information on how Tripresale collects, uses, and protects your personal data, please refer to our Privacy Policy and Cookie Policy.

13.- Contact Information

For any inquiries or comments regarding these Terms of Use and Contracting, please contact us at the email address provided in the "Ownership" section.