Terms of Use and Contracting

Last updated: November 21, 2023

1.- Ownership

This site is owned and operated by Tripresale S.L. (hereinafter Tripresale), located at Calle Isaac Newton s/n, Edificio Disset, Oficina C-1, Parc Bit, 07121 Palma, Illes Balears, Spain.

NIF: B56359516
Email: support@tripresale.com

Tripresale S.L. is registered in the Mercantile Registry of Palma de Mallorca in Volume _______, Sheet _______, Entry 1, Book ___, Folio _____.

2.- Acceptance

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

When you use the Service, you accept our terms and conditions. By doing so, you agree not to use this site for illegal purposes.

3.- Description of the Service

3.1.- Service

Through the Service, Tripresale is developing advanced technology to convert bookings into NFTs, thus creating a new travel marketplace. This marketplace allows anyone to buy or sell NFTs associated with travel services easily and efficiently. It operates through specifically designed smart contracts, enabling users (hereinafter "Users") to view, acquire, and sell NFTs related to prepaid and non-refundable bookings for specific travel services, such as hotel accommodation, for specific dates ("Booking").

These Bookings are provided by travel service providers ("Service Providers"). Once acquired, NFTs behave similarly to a ticket, allowing Users to redeem them and enjoy the service on the specified dates, just as with a traditional booking, or resell them on the marketplace. Users can resell each NFT until the deadline indicated on the platform, which varies by time zone.

For example, if the deadline expires at 11:59 p.m. (local time) on the day before the Booking date, and the check-in date is August 1, 2023, the User can sell the Booking NFT until July 31, 2023, at 11:59 p.m., local time. At that moment, the ownership of the NFT will change hands.

3.2.- Operation

The creation and commercialization of booking NFTs is carried out as follows:

A.- Case where the original booking client wishes to proactively resell their booking:
a) Clients of Business Partners, when making a non-refundable prepaid booking (for a specific service on specific dates) in the Booking System, have the option to transform their bookings into sellable NFTs. To do this, they will receive an email from Tripresale immediately after making the booking on the partner hotel's website.

Booking NFTs can be resold to third-party buyers at a price determined by the Clients, although this amount may be subject to limitations according to each hotel's policies.

b) To resell a booking, the Client must follow the instructions provided by Tripresale, which include registering on the Tripresale platform, setting the sale price, configuring a payment account, and accepting the terms. Once this process is completed, the Booking NFT is created, and the Client can access their control panel on Tripresale to manage the NFT Booking.

c) The holder of a Booking NFT becomes the exclusive owner of the cryptographic token representing the Booking. After its creation, each Booking NFT is stored in a centralized Tripresale wallet, although it remains visible in the marketplace to other Users, without revealing the owner's data.

d) The owner of the Booking NFT has the option to redeem the NFT Booking or sell it in the marketplace to third-party buyers. If they decide to sell it, the NFT will be displayed in the marketplace at the price set by the owner.

B.- Case where the original booking client does NOT wish to proactively resell their booking:

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

3.3.- Use

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 the creation and commercialization of NFTs. Tripresale establishes business collaborations with hotels and travel service providers (hereinafter "Business Partners") who have their own booking systems ("Booking Systems"). Through these collaborations, the Tripresale platform allows Users and Business Partners to sell NFTs to third-party buyers in a peer-to-peer digital marketplace.

4.- External Links

You may be referred to other websites through links from the Service.

However, Tripresale has no control over those sites or their content, which are subject to their own terms and conditions. Therefore, Tripresale is not responsible for the quality, truthfulness, or accuracy of the information contained therein.

5.- Age

Regarding registration in our Service, or contracting 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 to use the site in accordance with its terms and conditions, which you fully understand and acknowledge.

You declare that all 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, among others, data, text, sound, or image), as well as the hardware or software elements used to provide such content and information, are owned by Tripresale or have the corresponding authorizations for their use.

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

For any other use of the Service content, 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 amount of the NFT.

The NFT is linked to a Booking that is not revocable, both before and after Redemption. However, if the NFT owner's plans 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 partner limitations, which restrict the sale to the acquisition price or lower). The price of the NFT includes only what is explicitly stated in its Booking; it does not include other services and possible accommodation charges, as identified during the check-in process by the service provider. By buying or selling an NFT, you acknowledge the responsibility to pay all applicable taxes, including, for example, sales and accommodation taxes.

Specifically, in the context of NFT Redemption, you must provide Tripresale with the following End User Information:

a) First name
b) Last name
c) Email address, which may be used for any formal communication ("End User Email"). Any communication made by Tripresale to the End User Email is considered formally notified to the End User. Additional information may be required depending on the type of Booking being redeemed.

After NFT Redemption, the End User will receive a booking confirmation from Tripresale ("Booking Confirmation") at the End User Email. This confirmation will contain all the Booking details. Upon receipt of the Booking Confirmation, you (or the End User) acknowledge that the Information has been shared with the Service Provider.

From that moment, the Service Provider will have access to the Information, and the End User may contact the Service Provider for any information related to the Booking. After NFT Redemption, the name associated with the Booking cannot be changed, except in the case of typographical corrections, which must be made by the User in direct contact with the Service Provider. Our Privacy Policy describes how your information or the End User's information is used. However, it is acknowledged and accepted that for us to provide our services, Tripresale must share your Information (or the End User's) with the Service Provider, through Tripresale's Business Partners, in order to conclude and complete the Booking with the End User's Information.

Enjoying the Booking: When the End User uses the NFT to enjoy the Booking, they are solely responsible for their own actions and omissions, as well as the actions and omissions of anyone they invite to join the Booking or to whom they provide access to the Service Provider. For example:

7.2.- Accommodation

A) The End User is responsible for leaving the hotel (and the corresponding personal belongings), or the accommodation, or any other means, means of transport, space, tool, venue, or object provided by any Service Provider in the same condition in which they received it.

B) The End User must behave with integrity, treat others with respect, and obey applicable laws at all times.

If the End User travels with a minor, they must be legally authorized to act on behalf of the minor and are solely responsible for supervising the minor. When registering with the Service Provider, you may be required to present valid identification (such as a driver's license or valid passport) and a valid credit card to cover possible additional charges. In addition, the End User must assume responsibility for paying local fees and taxes, including possible fees such as resort fees, service fees, utility fees, cleaning fees, and other charges that the hotel may apply during their stay, as well as related taxes. Throughout the Booking, the End User agrees to comply with the terms of service and policy rules of the corresponding Service Provider.

7.3.- Travel Exchange

If your plans change before NFT Redemption is completed, you can offer the NFT for sale to another User, as long as it is done before the Deadline. When listing, selling, or buying an NFT on Tripresale, you must comply with these Terms of Use and applicable laws. The price of NFTs in the secondary market is set by the NFT owner who wishes to sell their token ("Seller(s)"). Tripresale does not determine NFT prices in the marketplace. Sellers are free to increase or decrease the sale price of their NFTs or withdraw their offers from the Platform. Tripresale does not guarantee that your NFT will sell or that you will obtain a price you consider "appropriate," nor that you will sell the NFT at a higher price than you paid to acquire it. By listing an NFT for sale, you are making an offer to sell the NFT to a buyer who can purchase it at the sale price you have offered. When a user buys your NFT on the Platform, you are contractually obligated to sell that specific NFT to the new buyer. If you have not yet decided whether to redeem or (re)sell the NFT, your token will be displayed anonymously in the marketplace without a sale price (showing only the first purchase price the Client paid when acquiring the NFT). Such an offer does not guarantee that your NFT will sell. If you do not decide to sell your NFT, Tripresale and its Business Partners assume no responsibility regarding the resale of your NFT or your token.

7.4.- Cancellation and Refund

Regarding offers, cancellation requests, refund requests, changes, and resolutions, you (and not Tripresale or the Service Provider) will be responsible for processing and resolving the request or offer. In the event of a change, cancellation request, or refund of an NFT, the resolution and processing of such requests will be the responsibility of the corresponding third party. By handling change, cancellation, and refund requests, you must be aware and accept that you must comply with applicable laws. Please consult the terms of service and cancellation policies that apply to the corresponding Service Provider before making a Booking, in addition to the obligations you assume when redeeming the NFT. The End User must observe the applicable Cancellation Policy in effect at the time of Booking.

The following overview is provided for reference only and should not be considered an accurate, exact, or up-to-date description of a Service Provider's Cancellation Policy, as such a policy may be subject to change. Cancellation Policies may vary depending on the Service Provider and may include "cancellation fees," "no-show fees," and other fees and charges that apply if an End User does not show up or cancels a Booking. They may also include certain restrictions or particular conditions and may be available for review on the Tripresale Platform when making a Booking.

By using the Tripresale Platform, you acknowledge that the Booking fee is a description provided independently and, therefore, will not be considered an accurate and up-to-date description of the Cancellation Policy. The Booking fee is included in the Booking, and the End User accepts the terms of the applicable Cancellation Policy.

Cancellation Policies vary by Service Provider and may include, for example, flexible or moderate cancellation terms, as established by the corresponding Service Provider. If you decide to redeem an NFT, the End User agrees to be subject to the Cancellation Policy in effect at the time of Booking. The Cancellation Policy is subject to change at the discretion of the corresponding Service Provider and is exclusive to them, not Tripresale. If the Booking is canceled, the Booking fee is non-refundable. In the event of any dispute, the End User must contact the Service Provider directly to request any change or refund. Tripresale is not responsible for any refund of a Booking fee.

8.- Prices and Fees

The total price of the NFT on the Tripresale Platform consists of the price paid by the Client at the time of acquisition and the fees that apply when acquiring the NFT and when selling or transferring the NFT to a new Client. The acquisition fee is a one-time fee applied for purchasing the NFT. The transaction fee is a fee applied for selling or transferring the NFT to a new Client on the Tripresale Platform. The fees that apply to the Client when acquiring the NFT are described on the Tripresale Platform and may be reviewed with prior notice from Tripresale. Fees will be charged to your credit or debit card when you purchase an NFT, and you will be provided with a receipt as proof that the transaction has been successfully completed. Regarding the transaction fee, Tripresale may deduct this fee from the amount the Client will receive when selling the NFT on the Tripresale Platform.

If you decide to sell your NFT, the transaction fee will be explicitly shown before the Client confirms their offer to purchase the NFT. The transaction fee is non-refundable. The price of the NFT is subject to change and may be modified by the Seller before the Client confirms the purchase of the NFT. The Booking fee is an additional fee that must be paid by the End User if they do not wish to redeem the NFT. The Booking fee is calculated based on the NFT offer selected by the Client during the NFT purchase and the moment the End User accepts the purchase price. If the End User decides to redeem the NFT, the price of the NFT will be explicitly shown before the Client confirms the Booking. If the End User chooses not to redeem the NFT, they must pay the Booking fee and the acquisition fee in full.

9.- Platform Behavior

9.1.- Misuse

The Tripresale platform operates as a digital travel marketplace based on NFTs, which relies on the honest participation of all its users. Although we continually strive to ensure that our users have positive experiences on our platform, we have no control over or ability to monitor user behavior.

If any user suspects that others are engaging in suspicious activities that contravene our terms, we urge you to immediately report these concerns to Tripresale at support@tripresale.com

9.2.- Warranties

Although all content on the platform, to the best of our knowledge and understanding, is published with due respect for third-party rights (including intellectual property rights) and/or with the specific authorizations of the holders of such rights and/or licensees.

To the extent permitted by applicable law, Tripresale makes no representations or warranties regarding the accuracy or completeness of the content available on the site or platform, the value or authenticity of NFTs, or the content of third-party websites or services linked or integrated into our site. To the extent permitted by law, Tripresale assumes no responsibility for:

a) Errors, inaccuracies, or mistakes in the content.
b) Personal injury or property damage resulting from accessing or using the site, or consuming any booking.
c) Unauthorized access to or use of our servers or personal information.
d) Interruptions in transmission to or from the site.
e) Possible errors, viruses, or trojans that may be transmitted through the site or services by third parties.
f) Loss or damage of any kind resulting from using content posted or shared on the site or services.
g) Loss or damage arising from the violation of these terms by other users.

To the extent permitted by applicable law, Tripresale will not be liable for loss of profits, income, or data, or for financial damages or indirect, special, consequential, exemplary, or punitive damages.

The user must understand and be willing to assume the risks associated with cryptographic systems, the Polygon blockchain, non-fungible tokens, and the interplanetary file system. We will not be liable for losses you may suffer as a result of your use of the Polygon network or wallets, including losses, damages, or claims arising from:

a) User errors, such as forgetting passwords.
b) Server failures or data loss.
c) Damage to wallet files.
d) Unauthorized access or activities by third parties, including the use of viruses or other attack methods against the platform, the Polygon network, or wallets.
e) Interruptions caused by viruses that may affect your computer or other equipment, or by any other type of attack.

9.3.- Irreversibility

The user must acknowledge and understand that NFT prices may be volatile. Tripresale does not guarantee the value of NFTs. In addition, digital assets are, by nature, highly experimental and risky, and TRANSACTIONS MADE THROUGH THE PLATFORM ARE IRREVERSIBLE, final, and, except as expressly provided in these terms, non-refundable. Therefore, the user must acknowledge and accept that they access and use the platform at their own risk. The risk of loss in trading digital assets can be substantial. The user declares that they have sufficient knowledge and experience to properly assess the merits and risks of any transaction carried out through the platform or with any underlying digital asset. In no event shall the total or partial operation of the platform be considered as the provision or offer of investment advice.

10.- Service Providers and Business Partners

Tripresale provides and is responsible for the platform, but can in no case be considered responsible for bookings. Tripresale does not act as a travel operator or agent in any capacity for any service provider or business partner. Our platform does not constitute a recommendation or endorsement of any service provider or their products, services, facilities, vehicles, etc. We make all reasonable efforts to provide our platform and all related content, but we cannot guarantee the accuracy of everything.

We are not responsible for any discrepancy between what is published on the platform and the actual services, experiences, venues, or structures. All images and information related to service providers and the booking shown by Tripresale on its platform in relation to each NFT are merely representative and do not constitute contractual elements.

Service providers and business partners are solely responsible for the accuracy and truthfulness of the images provided. Although Tripresale has the right to verify the accuracy and truthfulness of such content, it is not obliged to do so. To the extent permitted by law, we cannot be responsible for any error, interruption, or lack of information.

In this sense, you establish a contractual relationship with the service provider when you purchase an NFT or make the first purchase as a client of the booking system. Throughout the duration of the booking, you must respect the terms of service and policies of the travel service provider (for example, the hotel). You must acknowledge that Tripresale is not part of the business relationship between you and the service providers. The service provider is solely responsible for the booking, and you are solely responsible for your actions during the booking.

11.- Modifications and Nullity

We may update the terms and conditions of the Service in the future, as well as features and functions of the Service itself. However, this will not negatively affect the quality of any specific service that we have expressly agreed to provide.

We will inform you of changes to the terms and conditions by placing a notice in a prominent place on our website and/or by email.

If any clause included in our terms and conditions is declared, in whole or in part, null or ineffective, it will only affect that provision or the part of it that is null or ineffective. The rest of the terms and conditions will remain in force, and the affected provision, or the part of it that is affected, will be considered not included.

12.- Claims and Actions Derived from the Contract

This Service is governed by Spanish law, and in the event of a dispute with a consumer, it is subject to the Judge or Court corresponding to the consumer's and user's domicile.

In this regard, and according to the regulations applicable to consumers, Tripresale informs of the existence of a European online dispute resolution platform that facilitates the extrajudicial resolution of such disputes for contracts concluded online between consumers and Internet service providers. This platform can be accessed through the following website: http://ec.europa.eu/odr

If the Service is contracted by a company, in the event of a dispute, the parties submit to the courts of Palma de Mallorca and to Spanish law.

13.- Contact

If you have any questions about these terms and conditions, contact us at:

Email: support@tripresale.com
Address: Calle Isaac Newton s/n, Edificio Disset, Oficina C-1, Parc Bit, 07121 Palma, Illes Balears, Spain.

For questions about your booking (for example, wheelchair access, walk-in bathrooms, etc.), please contact the service provider.