Terms and conditions
Version 2026.08.11
PRELIMINARY CLAUSE – DEFINITIONS
The terms set out below, when written in capital letters, shall have the meaning attributed to them here:
TRAVELLER: A natural or legal person who creates and registers a USER account and holds the relevant licence of use in accordance with the terms of this contract. Both the natural person acting on their own behalf, as a sole trader, and the person acting as legal representative of a legal entity, where applicable, expressly and responsibly declare, by accepting these terms and conditions, that they hold sufficient powers of legal representation to create the user account.
HOST: A natural or legal person who offers stay services at motorhome camper spots, creating and registering an account as such for that purpose and holding the relevant licence of use in accordance with the terms of this contract. Both the natural person acting on their own behalf, as a sole trader, and the person acting as legal representative of a legal entity, where applicable, expressly and responsibly declare, by accepting these terms and conditions, that they hold sufficient powers of legal representation to create the HOST account.
TRAVELLER and HOST may hereinafter be referred to interchangeably as USERS.
INPUT/S: The data that the USER uploads to TRIPSTOP, either directly or through third parties.
OUTPUT/S: The result obtained by the USER after using the SERVICES. The quality and accuracy of the OUTPUTS depend directly on the quality and completeness of the INPUTS.
TRIPSTOP: An application consisting of a software solution that allows its users to obtain guidance information on overnight stopping points for motorhomes and camper vans, camping and complementary services. TRIPSTOP obtains this information from various sources and it is subject to constant review and updating. To give the TRAVELLER greater certainty, points bearing the “verified” mark are offered. These are points whose information has been provided directly by the owner or manager of the establishment.
Likewise, TRIPSTOP puts TRAVELLER and HOST in contact in order, depending on the level of service contracted by the host, to provide instructions or even mechanisms through the APP that allow the TRAVELLER to access the host’s facilities autonomously.
TRIPSTOP offers a real-time occupancy information service based on the characteristics of the camper spot declared by the HOST (number of pitches) and the stays active at any given time. Its purpose is to provide travellers with accurate and up-to-date information that allows them to make informed decisions.
TRIPSTOP facilitates the registration of guests and its automatic integration with the services of the relevant authorities where possible. The TRAVELLER undertakes to ensure that the data entered in the registration process are accurate and to provide the HOST with the documents or systems that prove their identity in accordance with current legislation. The HOST shall be responsible for the accuracy of the data recorded, so that they match the documents or systems proving the identity of the persons concerned, which must be shown or provided by the users of these services.
TRIPSTOP is a Marketplace that integrates an external service as a payment platform compliant with the PSD2 regulations and that offers the TRAVELLER the possibility of paying for the booking of a pitch at the HOST’s camper spots, as well as paying for the stay directly to the HOST.
TRIPSTOP offers a remote access control service made up of barriers and/or number plate recognition cameras, provided that these are declared in the specific conditions of the service. Unless otherwise indicated in the specific conditions, the HOST shall be responsible for installing and keeping in good working order the physical access control means, including, but not limited to, barriers, magnetic loops, photoelectric cells, number plate recognition cameras and the communication or power systems they require to operate.
UPDATES: Revised versions of TRIPSTOP containing functional improvements which, where applicable, will be provided to the USER from time to time, at the sole discretion of TRIPSTOP; as a result of an UPDATE, certain features may be modified or even removed.
SERVICE/S: The utilities described that the TRIPSTOP application provides to the TRAVELLER and the HOST through the use of the application in object code form, which materialise in obtaining the OUTPUTS, including the application hosting services and the release of UPDATES, accessed exclusively through an Internet connection, for which the USER must download and install the TRIPSTOP application.
OPERATING ENVIRONMENT: The functionality of the TRIPSTOP application requires the computer equipment (hardware and software) necessary to access the Internet, as well as the possibility of accessing it through the corresponding telecommunications network connection; therefore, its costs shall be borne by the END USER and are not included in the price of the APP service.
ACCOUNT REGISTRATION FORM: Form made available to the USER, through which the USER must:
- a) Provide the requested data.
- b) Read and, if in agreement, accept the TRIPSTOP Licence of Use by means of the corresponding button.
- c) Read and, if in agreement, accept by means of the corresponding button the privacy policy of TRIPSTOP as data controller.
Once the registration process has been successfully completed, access to the TRIPSTOP platform will be granted.
PERIOD OF UNAVAILABILITY: Period during which the provision of the SERVICES may be interrupted due to tasks that are incompatible with the simultaneous provision of the SERVICES or due to causes beyond TRIPSTOP’s control. Usually, though not exclusively, these will be TRIPSTOP update and maintenance tasks.
ACCESS CREDENTIALS: Username and password that the TRIPSTOP system provides to the USER once the registration process has been successfully completed.
ONE. – PRODUCT AND PARTIES TO THE CONTRACT
The company Sherpas Time Consulting S.L., hereinafter “TRIPSTOP”, with registered office and address for notifications at C/ Los Prados, 166, 33203, Gijón, Asturias (Spain), has as its purpose intermediation through a digital platform made up of a search engine for stopping points and an online booking system that allows the USERS of the platform to browse, search, compare, request bookings for and pay online for activities and services offered by HOSTS.
These conditions constitute the contract electronically formalised between TRIPSTOP and the USER, who declare that they know the features and utilities of TRIPSTOP and consider them suitable for the needs of their activity.
TRIPSTOP is entitled to grant this licence of use as the holder of all intellectual and industrial property rights relating to the brand, as well as all exploitation rights over the web application bearing its name, which consists of a software solution that, as an intermediation platform, puts TRAVELLERS and HOSTS in contact, as well as enabling the contracting of other complementary services such as, by way of example, accommodation, guided tours, diving holiday packages, courses, and room and equipment rental.
Likewise, TRIPSTOP may unilaterally revoke the licence granted to anyone who in any way breaches any of the obligations established as such in this contract, or who violates any general practice contrary to good faith, the law or custom.
The conditions set out in this contract may, where applicable, be supplemented by specific conditions.
TWO. – PURPOSE
TRIPSTOP grants the USER a FREE LICENCE OF USE of the TRIPSTOP application; the licence granted under this contract in no case constitutes the purchase or assignment of any right over the computer program, nor of the corresponding titles or copyrights.
The LICENCE is at all times conditional upon compliance with the conditions of use of this contract, since any breach of them will entail its revocation.
THE USER declares that they know the TRIPSTOP software, in its APP and WEB versions, with all its features, contents and utilities as they currently appear. Likewise, they express their wish, after registering for the service, to access and use it.
The owner of the TRIPSTOP application is Sherpas Time Consulting S.L., which has reserved the right to modify the TRIPSTOP services in order to adapt them: (a) to the technical evolution of the market; (b) to any technical, functional and operational improvement that allows for better provision of the services; and (c) to the evolution of the laws, regulations and rules applicable to the provision of the services and/or related aspects. It has also reserved the right to modify, unilaterally and without prior notice, the presentation, configuration and operation of the service.
Likewise, it may at any time modify the terms set out here, which will be duly published as they appear here. The validity of these terms of use shall depend on their publication, and they shall remain in force until they are modified by others duly published.
THREE. – REGISTRATION FOR THE SERVICE AND ACCEPTANCE OF THESE TERMS AND CONDITIONS
In order to register for the service, the USER must successfully complete the registration process, providing the data requested through the forms provided for this purpose and following the instructions given by the platform.
The USER must read and, if in agreement, accept these terms and conditions and the data controller agreement with TRIPSTOP by using the acceptance button, which means that the contract is entered into by a person of legal age, who expressly declares in this act of acceptance of the terms and conditions that they hold such status, for the purpose of accepting these terms and conditions, which they have read carefully, understand and therefore expressly accept.
Once the registration process has been successfully completed, the system will send a registration confirmation email with the accepted conditions of use.
The USER must act diligently when managing their ACCESS CREDENTIALS and is also responsible for the loss, theft or unauthorised use of the username and/or password and for any consequences that may arise from it. ACCESS CREDENTIALS are personal and non-transferable.
The USER undertakes to notify TRIPSTOP immediately both of the loss of the ACCESS CREDENTIALS, regardless of its cause, and of any danger to or impairment of their confidentiality; otherwise, the USER shall be liable for any damage or loss caused through verified access using those credentials.
The USER is solely and exclusively responsible, and expressly declares so by accepting these conditions, for the authenticity, accuracy and truthfulness of the personal data and any other data that they have either entered into the application themselves or reliably provided to TRIPSTOP for it to enter. The USER therefore releases TRIPSTOP from any liability in this respect.
FOUR. – CONTACT AND USER SUPPORT
The USER may communicate directly and effectively through the contact form on the page at tripstop.eu/contacta
FIVE. – FINANCIAL CONDITIONS
5.1. Remuneration
The licence of use granted here to USERS is free of charge, and no financial consideration of any kind is paid for the use of the TRIPSTOP APP.
TRIPSTOP shall act at all times as an intermediary in the contracting of services between users and the HOST.
In any case, TRIPSTOP shall have the option of incorporating paid features or services for any user, this decision being at its free commercial discretion and being set out in the relevant financial offer or, where applicable, in specific conditions signed between the parties.
TRIPSTOP does not charge the TRAVELLER any commission for handling the booking.
A change in government tariffs and taxes is not grounds for cancelling a booking with a full refund, as it does not depend on the service provider.
5.2 Payment processing solutions
TRIPSTOP makes different options available to HOSTS to facilitate the collection of payments for bookings or stays made by TRAVELLERS. The options described in this section are intended to improve efficiency in receiving payments, automate settlement processes and offer a safe and convenient user experience for both TRAVELLERS and HOSTS. These options are mutually exclusive: each HOST will operate under a single collection option, and the simultaneous or combined application of both is not possible.
5.2.1 HOST’s own POS integration option
TRIPSTOP offers the HOST a technical integration service for its own virtual Point of Sale (POS) terminal within the platform. This solution allows TRAVELLERS to pay for bookings or stays directly to the HOST’s POS, securely and automatically.
In this model, the funds paid by the TRAVELLER are processed directly by the payment service provider chosen by the HOST and transferred to the bank account linked by the HOST to its POS. TRIPSTOP does not act as recipient of the payments or as a financial intermediary, merely facilitating the technical integration and the user experience within its platform.
The HOST is responsible for keeping its account with the payment service provider active and operational, as well as for complying with the legal and technical requirements of that provider. Any incident relating to payments, refunds or fraud must be handled directly by the HOST with its POS provider.
TRIPSTOP may charge an integration and/or maintenance fee for this service, the amount and conditions of which will be detailed in the specific conditions applicable to each HOST.
5.2.2 MARKETPLACE option
TRIPSTOP offers TRAVELLERS the possibility of paying the HOST for bookings or stays; TRIPSTOP will channel the amounts of the HOST’s sales by means of a SEPA transfer in favour of the HOST to the linked bank account and in accordance with the settlement periods set out in the specific conditions. TRIPSTOP does not under any circumstances act as merchant of record and shall therefore in no case be liable for any charge made by the HOST (authorised, unauthorised or erroneous), nor shall TRIPSTOP be responsible for refunding such amounts.
In consideration for this payment gateway service, the HOST agrees to pay TRIPSTOP the percentages and fixed amounts indicated in the specific conditions, which may be deducted either from the amounts of the sales transactions or charged to the account linked in those specific conditions, with value date on the day the invoices are paid. These fees are an additional cost, independent of the fee charged by the bank providing acquiring services to the HOST.
TRIPSTOP will invoice, at the frequency stipulated in the specific conditions, the agreed fees as well as the taxes applicable under current legislation for the services provided in the immediately preceding billing period.
The HOST must designate and keep operational, for the duration of the service contract, a bank account (“associated account”) held solely by the HOST, into which the transactions will be paid once the fees, expenses, chargebacks and transaction refunds, compensation and other amounts provided for in the agreed general and specific conditions have been deducted.
5.3 Cancellations, refunds and chargebacks
5.3.1 Cancellations
After payment, the TRAVELLER has 3 calendar days to request the cancellation of a booking, provided that the request is made at least 14 days before the start date and time of the stay. Cancellations made within this period will entitle the TRAVELLER to a refund of the full amount paid, except for 5% as handling fees, which will be retained by the HOST.
Once the cancellation request has been accepted, the HOST has 3 days to refund the corresponding amount. Cancellations made after the 3-day period from payment, or less than 14 days before the start of the stay, will not entitle the TRAVELLER to any refund. Failure of the TRAVELLER to arrive on the agreed date and time (no-show) will be treated as a cancellation without refund.
In all cases where a full refund does not apply, the HOST may pass on to the TRAVELLER any applicable tourist or municipal taxes.
5.3.2 Refunds and chargebacks
The conditions relating to refunds and chargebacks vary depending on the payment model used by the HOST, whether through the technical integration service of the HOST’s POS or the model of channelling payments through TRIPSTOP (marketplace). The conditions applicable to each case are detailed below.
5.3.2.1 Refunds in the marketplace model
When the HOST uses the payment channelling service through TRIPSTOP (marketplace), the amounts of refunds made by the HOST will be deducted from the balance of processed sales transactions pending settlement; if that balance is insufficient, no negative balance may be generated and the refund will remain pending until there is sufficient balance.
TRIPSTOP reserves the right to pass on to the HOST, under the terms set out in the specific conditions, the costs arising from the management of refunds.
5.3.2.2 Chargebacks in the marketplace model
The HOST acknowledges that TRIPSTOP does not guarantee the successful completion of the payment transactions it processes and pays under these conditions, and that they may therefore be subject to chargeback by the holders of the payment instrument or by the issuing entities of the Payment Systems for any reason, including, for example, transactions not authorised by the holder of the payment instrument or sales of goods or provision of services that were ultimately not delivered for any reason. TRIPSTOP may, on its own initiative, request the chargeback of a payment transaction if it finds that the HOST has not complied with the requirements established in its contract.
When, in accordance with this contract, TRIPSTOP carries out a chargeback, it will be charged to the HOST’s balance of processed transactions pending settlement. However, if the balance is insufficient, a negative balance will be generated for the HOST, which will be offset against the amounts of transactions processed subsequently, or at the end of the current billing cycle, or within a maximum of 30 days with the corresponding invoice, without the need for prior notice to the HOST or for its consent.
TRIPSTOP reserves the right to pass on to the HOST, under the terms set out in the specific conditions, the costs arising from the management of chargebacks.
5.3.2.3 Refunds in the HOST POS model
When the HOST uses the technical integration service of its POS through the TRIPSTOP platform, any refund or chargeback must be handled directly between the HOST and its payment service provider, in accordance with the conditions and regulations applicable to that provider. The HOST is responsible for handling and resolving any request from the TRAVELLER in this regard.
TRIPSTOP accepts no liability whatsoever for refunds, claims or chargebacks arising from transactions made through the HOST’s integrated POS, nor for the costs or consequences associated with them.
5.4 Direct debits
When the USER subscribes to one or more paid features or services, they accept the price of that subscription indicated in the specific conditions together with the duration of the contract. Prices are subject to change upon renewal.
The specific conditions also set out the payment method and, as applicable, the USER’s direct debit account, TRIPSTOP’s bank account for payment or any other information necessary to process the payment under the agreed conditions.
Failure by the USER to pay, or the return by the USER of, two or more consecutive invoices or three or more non-consecutive invoices, not caused by any breach on the part of TRIPSTOP, entitles TRIPSTOP to temporarily cancel the USER’s services until the outstanding amounts have been paid, following written notice to the USER at least five (5) working days in advance. If any direct debit is returned, the resulting costs will be charged to the returned invoice, and interest may accrue, which TRIPSTOP shall be entitled to claim from the USER on the amounts owed at a rate of 2% from the date payment was due until it is received, up to an annual maximum equivalent to the late payment interest rate for commercial transactions published annually by the Bank of Spain.
SIX. – TERM
These conditions shall be in force from the moment of their mutual acceptance by the parties until either party notifies the other of its wish to terminate the contract, respecting any minimum-term commitments acquired.
SEVEN. – LICENCE OF USE
The TRIPSTOP licence of use is temporary, worldwide, non-exclusive and non-transferable. The services covered by this contract may only be used by the USER for the purposes indicated herein, and it is expressly prohibited to transfer, lease or sell the use of such services, or to carry out any other act of disposal other than that expressly authorised, whether temporarily or permanently, free of charge or for consideration, as well as to use TRIPSTOP under conditions other than those set out herein, or for the benefit of third-party companies or persons who are not licensees.
The licence of use shall always be conditional upon compliance with the conditions of use of the service, including the use of the APP solely and exclusively for the purpose described above for which the application was created.
The USER expressly acknowledges and accepts that failure to comply with the conditions of use of the service may lead to the suspension of its provision, without prejudice to the right to discontinue it permanently.
The USER expressly acknowledges that Sherpas Time Consulting S.L. is the lawful owner of the TRIPSTOP application, and that this company may therefore decide at any time to discontinue the provision of the services, giving one month’s notice, without the USER being entitled to make any claim on that account.
EIGHT. – OPERATING ENVIRONMENT
The functionality of the TRIPSTOP application requires the computer equipment (hardware and software) necessary to access the Internet, as well as the possibility of accessing it through the corresponding telecommunications network connection; therefore, its costs of any kind, expressly including data consumption, shall be borne by the END USER and are not included in the price of the TRIPSTOP service.
NINE. – GENERAL OBLIGATIONS OF THE USER AND SPECIFIC OBLIGATIONS OF THE TRAVELLER AND THE HOST
9.1. The USER undertakes to make appropriate use of TRIPSTOP and is solely responsible for safeguarding, and for any disclosure to third parties of, the ACCESS CREDENTIALS provided by the system.
USERS undertake not to engage in any conduct that could harm the image, interests and rights of TRIPSTOP, of the owner of the application or of third parties, or that could damage, disable or overload the TRIPSTOP service, or that could in any way prevent its normal use.
It is therefore strictly prohibited to use TRIPSTOP, as well as its contents and/or services, for any purpose other than the logical purpose of the application, that is, the purpose already described for which it was conceived, as well as to engage in unlawful conduct contrary to good faith or public order; to cause damage to the physical and logical systems of TRIPSTOP, its suppliers or third parties; or to introduce or spread computer viruses or any other physical or logical systems on the network that are likely to cause any type of damage or harm.
Likewise, the inclusion of any type of data that is not relevant to the use of TRIPSTOP will not be permitted, relevant data being understood as the data requested for registration or booking, as well as any other related data that the user may enter through the use of any of the application’s services and that is logically and reasonably related to the TRIPSTOP services. Any other data not falling within these parameters will be considered erroneous data, and this will be regarded, after notice to the user, as grounds for removing the user for non-compliance, with express reference to any data that may be of a personal nature.
Failure to comply with these terms of use will oblige TRIPSTOP to remove the user.
TRIPSTOP may allow the USER to participate actively by posting comments or generating content. In such cases, it is absolutely prohibited to use these resources to disseminate content or propaganda of an unlawful, racist or xenophobic nature, that glorifies terrorism, violates human rights, incites hatred, violates the dignity of the person, is insulting or defamatory, is contrary to the Law, order or public security, or that may in any other way be considered inappropriate, such as content that promotes or cooperates with pornography businesses, is obscene material, arranges erotic contacts, is related to gambling or fortune-telling services, may be violent or is linked to pyramid schemes, and in general any content that TRIPSTOP considers inappropriate, especially for minors.
TRIPSTOP reserves the right to remove any comments and/or content that breach the above or that, in its opinion, are not suitable for publication in the TRIPSTOP application, as well as any photo, image or type of content that is not in line with the purposes of the application.
In any case, TRIPSTOP shall not be liable for the opinions expressed by users through any such participation tools that may be created, except as expressly provided for by the applicable regulations.
The USER declares that they are the lawful owner of the data and content uploaded to TRIPSTOP (INPUTS), holding the intellectual property or other permissions and authorisations necessary to use them.
9.2 TRIPSTOP may provide the user with links to other websites managed and controlled by third parties, solely in order to make it easier for users to search for information, content and services on the Internet, and in no case may TRIPSTOP be considered to market, direct and/or control in advance, or endorse, the content, services, information and statements available on those websites.
TRIPSTOP accepts no liability of any kind, not even indirectly or secondarily, for the content, information, communications, opinions or services linked from websites not managed by TRIPSTOP and accessible through the website, nor does it guarantee the absence of viruses or other elements on them that may cause alterations to the computer system (hardware and software), documents or files of the user, excluding any liability for damage of any kind caused to the user for this reason.
Anyone may report content inserted on the TRIPSTOP Platform as inappropriate or illegal, as well as any other breaches, by submitting a report directly on the website with the subject: “INAPPROPRIATE USE OF CONTENT”. TRIPSTOP will analyse the allegedly inappropriate or illegal content and act accordingly, removing it, where appropriate, in accordance with the above.
9.3 The USER must have the technical conditions and resources necessary to access the contracted services, as specified in the clause on the operating environment.
9.4 The USER shall communicate the conditions of this agreement to all persons employed by them or under their direction and/or control who will use or have access to TRIPSTOP.
9.5 The USER undertakes to always use the latest available version of the application and to follow the instructions provided by TRIPSTOP’s support service when resolving any problems that may arise.
9.6 In any case, the USER assumes full responsibility for any breach of this contract committed by users operating under their licence.
9.7 THE HOST
- Must provide TRIPSTOP with a copy of its civil liability insurance.
- Must provide TRIPSTOP with the documentation required for its registration as a seller on the MARKETPLACE in order to comply with, among other things, the prevention of money laundering and terrorist financing in accordance with current legislation, so that it can receive online payments through the platform when USERS pay for a stay or a booking.
- Must notify TRIPSTOP of any incorrectly executed payment transactions as soon as it becomes aware of them, without undue delay, so that they can be rectified.
- Must refrain from using the MARKETPLACE to carry out transactions not covered by the conditions of the service. In particular, for processing transactions relating to goods and services supplied by third parties, unless this has been declared in the specific conditions and previously accepted by TRIPSTOP.
- Must provide the traveller with all the necessary information, including the privacy policy and the specific terms and conditions of its service, before the traveller accesses it.
- Must provide all the information required to reliably prove ownership of a point in order to obtain the “verified” mark for it or to request the removal of the point from the directory.
- Must assume responsibility for the information published about its services.
- Must ensure that the information about its services is correct and up to date.
- Must guarantee the correctness and truthfulness of the information it provides to TRIPSTOP so that TRIPSTOP can provide the real-time occupancy information service.
- Must comply with all laws and regulations applicable in its territory. This includes, but is not limited to, the laws governing guest registration.
- If it wishes TRIPSTOP to automatically submit the guest register to the relevant authority, must register with the corresponding guest information service and enter in TRIPSTOP the data that allow communication on its behalf.
- Must keep informed of any changes in laws or regulations that may affect its activity.
- Must be responsible for the accuracy of the data recorded, so that they match the documents or systems proving the identity of the persons concerned, which must be shown or provided to it by the users of these services.
- Must authorise TRIPSTOP to send the TRAVELLER notifications about the registration by any of the contact methods the TRAVELLER has provided when registering as a user or during guest registration.
- Must provide the information necessary for the operation of the payment platform, including that required for the release of funds (bank account, name of the beneficiary, etc.), in accordance with the deadlines and means established in the specific conditions.
- If it does not invoice its services through TRIPSTOP, it shall be responsible for invoicing its services with the tools it considers appropriate.
- In any case, the host authorises TRIPSTOP to send travellers a receipt showing the payments made.
- Is responsible for keeping the record of its pitches up to date with regard to their booking, occupancy or availability status.
- Is responsible for installing and keeping in good working order the physical access control means, including, but not limited to, barriers, magnetic loops, photoelectric cells, number plate recognition cameras and the communication or power systems they require to operate, informing TRIPSTOP of any changes to them.
- Shall be responsible for interconnecting the elements that make up the access control system following each supplier’s instructions.
- Must have a continuity plan that allows it to operate, even if in a limited way, in the event of any incident affecting this service or any other related service provided by a third party.
9.8 THE TRAVELLER
- Must use the service and the host’s facilities properly.
- Must make good use of the HOST’s facilities and keep them in good condition.
- Must pay any amount arising from a claim for damage caused by them, directly or indirectly.
- If accompanied by minors, must ensure that they have the authorisations to act on their behalf and take responsibility for supervising them.
- At establishments legally required to keep a guest register, must provide the HOST with the documents or systems that prove their identity in accordance with current legislation.
TEN. – BREACH BY THE USER
Any breach of these terms of use will oblige TRIPSTOP to remove the USER. In addition, such breach, as well as any misuse of the APP, may be prosecuted, and TRIPSTOP may take any legal action available to it in defence of its legitimate interests. TRIPSTOP reserves the right to deny or withdraw access to the Website or the APP, without prior notice, on its own initiative or at the request of a third party, to users who breach these terms of use.
ELEVEN. – OBLIGATIONS OF TRIPSTOP
TRIPSTOP undertakes to provide the TRIPSTOP services in accordance with the terms set out in these conditions and to make every effort to ensure the uninterrupted provision of the services for the duration of the contract.
Although reasonably appropriate measures have been adopted to keep the service permanently available, the USER declares that they know and accept that the provision of the services may be interrupted by tasks, generally TRIPSTOP update and maintenance work, that are incompatible with the simultaneous provision of the services, or by causes beyond TRIPSTOP’s control, such as technical incidents affecting the power supply, telecommunications networks and the Internet, lack of updating of the devices used by the USER, etc.
The USER expressly acknowledges and accepts that security cannot be configured as a result and that, therefore, it cannot be guaranteed that the security of the services cannot be breached by third parties, the only guarantee in this regard being that the TRIPSTOP services are and will be provided with security duly enabled.
Therefore, in the event of unauthorised third-party access to INPUTS and/or OUTPUTS developed from those INPUTS, TRIPSTOP shall only be liable to the extent that it is shown that TRIPSTOP and/or the SERVICES did not meet the required security standards at the time of the breach and that the breach would have been avoided had the security measures been working.
TWELVE. – LIABILITY
Unless these conditions or the Law expressly provide otherwise, and exclusively to the extent and scope that they so provide, TRIPSTOP shall only be liable for direct damage suffered by the USER, and only when caused by reasons attributable to the service offered by TRIPSTOP.
TRIPSTOP shall be released from any liability towards the USER and third parties where the anomalies are due to acts or omissions directly attributable to the HOST or the TRAVELLER, their users, contractors, lessees, representatives, assignees, employees or staff dependent on them or in their service, or any third parties, as well as for any direct or indirect consequences of misuse or improper manipulation of the services by persons other than the USER, or of the lack of any permit, whether for the installation or for modifications of the technical characteristics of the installed equipment, attributed or attributable to the USER.
TRIPSTOP shall not be liable for the quality of the services provided by HOSTS, as TRIPSTOP is a mere intermediary in the contracting of services between the USER and them. TRIPSTOP makes no representations, warranties or conditions of any kind in this regard. You agree and accept that THE HOST is solely responsible and assumes all responsibility and liability for the activity (including any warranty and representation made by THE HOST). TRIPSTOP is not the (re)seller of stays. Complaints and claims regarding the booking must be handled with THE HOST.
Except in cases of wilful misconduct, TRIPSTOP shall not be liable for damage, loss of business, revenue or profits, consequential damage, loss of profit or business opportunities, cost savings, or loss or deterioration of data.
Although TRIPSTOP facilitates payment of the price of the service, THE HOST is, for all purposes, responsible for collecting, withholding, remitting and paying the applicable taxes on the total price of the service to the relevant tax authorities. TRIPSTOP is not responsible for remitting, collecting, withholding or paying taxes on the total price of the service to the relevant tax authorities.
TRIPSTOP shall in no case be liable for: (a) costs, fines, penalties, compensation, charges, damages or fees arising from the USER’s failure to comply with its obligations; (b) the content, use and publication of the information and communications distributed through the services, or the use made of and results obtained from the services by the USER and its users; (c) the USER’s breach of any rule that may be applicable as a result of or in connection with the use of the services.
The USER is and shall be solely responsible for: (a) the use they make of the services provided; (b) full compliance with any rule that may be applicable as a result of or in connection with the use of the services, including, by way of example but not limitation, the rules of use of the services provided and the provisions on data protection, international communications, export of technological information, consumer and user protection, confidentiality, secrecy of communications and the right to privacy. In this regard, the USER undertakes to adopt the appropriate measures to prevent any unlawful intrusion into the privacy of natural or legal persons that would violate the right to honour of third parties.
THIRTEEN. – LOSS OF OWNERSHIP OF THE TRIPSTOP SOFTWARE
Should TRIPSTOP cease to be entitled to GRANT the LICENCE OF USE of TRIPSTOP, the USER, once notified of this circumstance by TRIPSTOP or by any other party, must choose within fifteen (15) days either to accept the subrogation of any third party to TRIPSTOP’s position or to unsubscribe from the SERVICES.
FOURTEEN. – GROUNDS FOR TERMINATION
14.1. In addition to the general grounds established by Law, breach of the obligations contained in this contract shall be grounds for termination.
14.2. In the event of non-payment by the USER of any amount owed to TRIPSTOP, the service may be suspended without prior notice. If 7 (seven) days have elapsed since TRIPSTOP’s payment reminder and the USER has not fulfilled its obligation, TRIPSTOP shall be entitled to terminate the contract, with the definitive suspension of the service, without prejudice to its right to claim the amounts owed.
14.3. Upon termination of this contract, the USER’s right to use TRIPSTOP, as well as any complementary services offered under this agreement, shall cease immediately.
14.4. Breach by the user of the terms of use.
14.5. Termination of this contract does not release either party from fulfilling its outstanding obligations towards the other and, where applicable, towards third parties, nor shall it limit the exercise of any actions that may in any way correspond to either party.
FIFTEEN. – EFFECTS OF CANCELLATION OF THE LICENCE
As a consequence of the cancellation of the licence over TRIPSTOP, the USER’s access to the contracted services will be blocked and their ACCESS CREDENTIALS will be cancelled.
SIXTEEN. – INTELLECTUAL AND INDUSTRIAL PROPERTY
16.1. This contract does not assign any intellectual or industrial property rights over the TRIPSTOP application, nor over any of its contents and/or features, nor over the preparatory documentation, updates, technical documentation, help, user manuals and/or new versions, and the reproduction, transformation, distribution, public communication, making available, extraction, reuse, forwarding or any unauthorised use, by any means or procedure, of any of them is expressly prohibited.
16.2. Infringement of such intellectual property rights shall entitle TRIPSTOP to immediately cancel the licence of use granted, without prejudice to its right to claim compensation for any damages that may apply, as well as any other legal action available to it by law.
SIXTEEN BIS. – ASSIGNMENT OF INTELLECTUAL PROPERTY OF IMAGES
The USER assigns to TRIPSTOP, free of charge, a non-exclusive and non-transferable Intellectual Property right, for its use and exploitation inside and outside the platform for any purpose, including advertising, over any contribution, whether image or content, that is uploaded on its behalf to the application by any means of audiovisual reproduction.
SEVENTEEN. – CONTACT
The USER may contact TRIPSTOP through the section of the website provided for this purpose, and solely on matters related to the use of the application or access to TRIPSTOP.
EIGHTEEN. – DATA PROTECTION
18.1. Personal data of the parties: the USER expressly authorises the transfer of their data to TRIPSTOP in order to receive commercial communications about TRIPSTOP services, updates or complementary services.
The data subject may at any time exercise their rights of access, rectification, erasure, restriction, portability and objection by writing to the owner of the files at the registered office set out in the heading.
18.2. Personal data of third parties collected by the USER through TRIPSTOP: For the performance of some of the services covered by this contract, the owner of TRIPSTOP, the company Sherpas Time Consulting S.L., may have access to personal data of third parties collected by the USER through some of the TRIPSTOP features; with regard to the processing of such personal data, it shall be considered a DATA PROCESSOR.
The USER, as DATA CONTROLLER of such personal data, is the sole party who will decide on the purpose, content and use of the files it owns, to which TRIPSTOP has access as a result of the activities it carries out.
NINETEEN. – CONFIDENTIALITY
19.1. The parties undertake to maintain the strictest confidentiality regarding the content of this contract, as well as the data and know-how to which they may have access as a result of the prior negotiations, execution, signing and performance of this contract, support and incidents, and also after its termination.
19.2. In order to ensure faithful compliance with the commitment undertaken in the previous paragraph, both parties declare that they have sufficient physical and organisational security measures in place, and undertake to give the appropriate instructions to the persons who directly or indirectly handle the aforementioned information.
19.3. This confidentiality agreement shall last for the duration of the contract or its extensions and shall remain in force for one more year after this contract has ended for any reason.
TWENTY. – LANGUAGE
The full text of these Terms and Conditions of Use, as well as the documents deriving from it, including the Annexes, has been drafted in Spanish, in accordance with Spanish legislation. Should TRIPSTOP draft them in other languages, those will also be considered official versions; however, the Spanish-language version is expressly established as prevailing for the interpretation of the contract.
TWENTY-ONE. – APPLICABLE LAW AND JURISDICTION
This contract is commercial in nature and shall be interpreted in accordance with Spanish law.
Should any dispute arise between the parties regarding its interpretation, performance or termination, the parties shall endeavour in good faith to reach an amicable settlement of such disputes. If they are unable to do so, the parties, expressly waiving any other jurisdiction that may correspond to them, expressly agree to submit to the jurisdiction of the Courts and Tribunals of GIJÓN (SPAIN).
Translation notice: this document is a translation of the original Spanish version, provided solely to make it easier to understand. In the event of any discrepancy, contradiction or doubt of interpretation between the two versions, the Spanish version shall prevail in all circumstances.