Turinity Operator Terms and Conditions

Last Modified: April 2026

Introduction

These Operator Terms and Conditions ("Agreement") are entered into between TURIMEDIA SL, operating under the brand Turinity ("Turinity", "we", "us"), and the Operator ("Operator", "you").

TURIMEDIA SL

CIF: B23873052

Calle el Sauce 9, Local 3 38670 Adeje, Santa Cruz de Tenerife Islas Canarias, Spain

Email: [email protected]

Website: turinity.com

By registering as an Operator on Turinity, you agree to these terms. In case of translation, the English version prevails.

1. Key Definitions

• Activity: any tour, excursion, ticket, experience, rental or tourism service offered by the Operator on Turinity.
• Booking: a confirmed reservation made by a Customer through Turinity.
• Completed Booking: a Booking where the Activity has been delivered, or where the Customer was a No-Show.
• Commission: the percentage of the Retail Price payable to Turinity for each Completed Booking.
• Retail Price: total price paid by the Customer, taxes included.
• Net Payable: Retail Price minus Commission and any applicable deductions.
• No-Show: Customer who fails to appear without cancelling.
• Full Payment Model: Customer pays 100% online at booking.
• Deposit Model: Customer pays a deposit online, balance on site.
• Force Majeure: circumstances beyond reasonable control (natural disasters, pandemics, government actions, major infrastructure failures, etc.).

2. How Turinity Works

Turinity is an online marketplace that connects Operators with Customers. We are not the provider of the Activity.

When a Customer books an Activity:

• The contract for the Activity is directly between the Customer and the Operator.
• Turinity acts as intermediary and booking facilitator.
• The Operator is responsible for delivering the Activity as described.

By accepting this Agreement, you authorize Turinity to:

• Display and promote your Activities on the platform.
• Receive Bookings on your behalf.
• Collect payments from Customers on your behalf, where applicable.
• Issue booking confirmations and vouchers to Customers.
• Process cancellations and refunds in line with this Agreement.
• Provide customer support related to Bookings.

The relationship is non-exclusive. You may work with other platforms, and we may work with other Operators, including direct competitors.

Nothing in this Agreement creates employment, partnership, or joint venture between us. You are an independent contractor.

3. Registration and Account

3.1 Who Can Register

Operators can be legal entities (companies) or self-employed individuals (autónomos / sole traders).

3.2 Required Information

You must provide:

• Full legal name (company or individual).
• Legal status and country of operation.
• Business address.
• Tax ID (CIF, NIF/NIE, VAT number, or equivalent).
• Website, if any.
• Contact person (name, email, phone).
• Bank details for payouts (IBAN or equivalent).
• Description of your services and languages spoken.
• Categories of Activities offered.
• Copies of business licenses, permits, and insurance certificates.
• Any booking engine you use (TuriTop, Bokun, FareHarbor, etc.).

Companies must also provide company registration details and proof of authority of the legal representative. Self-employed individuals must provide proof of registration (Alta en el RETA for Spain, or equivalent) and a copy of their ID document.

3.3 Approval

Turinity reviews each registration and may ask for additional documents. Access to the Operator Portal is granted only after approval. Turinity may reject any application at its discretion.

3.4 Account Responsibility

• You are responsible for keeping your login credentials secure.
• You are responsible for all actions taken through your account.
• You must notify us immediately if your account is compromised.
• Keep your account information up to date. Outdated details may cause payout delays or suspension.
• You may not sell, transfer or assign your account without our written consent.

4. Activities and Content

4.1 What You Must Provide

For each Activity, you must provide complete and accurate information:

• Title and description.
• Duration.
• Meeting point or pickup details.
• What is included and what is not.
• Prices for all participant types (adults, children, infants).
• Schedule and time slots.
• Capacity.
• Cancellation policy.
• Safety, age, and health requirements.
• Languages available.
• High-quality photos or videos.

All images and media must be owned by you or properly licensed.

4.2 Content Review

Turinity may review, edit, translate, enhance, or reject any content to maintain quality, consistency, SEO, and compliance. We may use AI technologies for translation, categorization, or enhancement. Content modified by AI remains your content for the purposes of your warranties.

We may remove content that breaches this Agreement or applicable laws. Where practical, we will notify you before removal and give you the opportunity to correct the issue.

4.3 Pricing

• You set your Retail Prices.
• Retail Prices must include all mandatory fees, except legally mandatory on-site charges (e.g. port fees, government taxes) which must be clearly disclosed in the Activity description before booking.
• Once a Booking is confirmed, the price is fixed.
• You may update prices at any time for future bookings.
• You may offer optional extras (drinks, upgrades, etc.) clearly marked as optional.

4.4 Promotions

You can configure seasonal pricing and discounts through the Operator Portal. Turinity may also offer its own promotions to Customers; in such cases, we absorb the discount and pay you based on the agreed Net Payable on the original Retail Price.

4.5 Rate Availability

You agree to use reasonable efforts to make your best available rates, availability, and booking conditions accessible to Turinity Customers. This does not apply to third-party marketplaces or offline channels.

5. Bookings

5.1 How Bookings Work

• You receive Booking notifications by email, SMS, and/or WhatsApp, based on your preferences.
• Activities can be set to instant confirmation or manual confirmation.
• For manual confirmation, you must accept or reject within 24 hours (unless otherwise configured).
• Once confirmed, the Booking is binding.

5.2 Your Obligations

• Accept and deliver all confirmed Bookings as described.
• You may not reject a confirmed Booking except with our prior consent or due to Force Majeure.
• You are responsible for any Customer claim based on inaccurate information or failure to deliver the Activity.

5.3 Vouchers

Customers receive a voucher after confirmation. You must accept valid vouchers, digital or printed, and validate them using the methods provided.

5.4 Subcontracting

You may not subcontract Activities without our written consent. If approved, you remain fully responsible for the subcontractor.

6. Payments

6.1 Payment Models

Full Payment Model: Customer pays 100% online at booking. Turinity retains the Commission and pays you the Net Payable in the next Settlement Period.

Deposit Model: Customer pays a deposit online. You collect the remaining balance on site. The deposit is retained by Turinity as Commission.

No-Show Risk in Deposit Model: If a Customer is a No-Show, Turinity may attempt to charge the remaining balance using the Customer's stored payment details. This is not guaranteed (expired cards, insufficient funds, disputes). By enabling the Deposit Model, you accept the risk of non-collection in No-Show cases.

6.2 Commission

• The Commission rate is set in your Operator Account or in a separate written agreement.
• We may change the Commission with 30 days' prior written notice. If you disagree, you may terminate this Agreement before the new rate takes effect.

6.3 Settlement and Payouts

• Default payout cycle: monthly. By the 10th business day of each month, we transfer your Net Payable for the previous month's Completed Bookings.
• Payouts are made by bank transfer (Wise or similar) to the account registered in your Operator Account.
• For each Settlement Period you will receive a statement showing total Bookings, amounts collected, Commission deducted, Net Payable, and any other deductions.
• You have 30 days to dispute a statement. Disputes raised after 30 days will be reviewed on a case-by-case basis.

6.4 When We May Withhold Payments

We may withhold or delay payments if:

• Required documentation is missing.
• There are unresolved Customer complaints or disputes.
• Fraud or breach of this Agreement is suspected.
• Chargebacks are pending.
• You owe us amounts (e.g. for refunds issued on your behalf).

We may offset such amounts against current or future settlements.

6.5 Currency

You can select your preferred payout currency from those supported by Turinity.

6.6 Taxes

• You are responsible for all taxes on the sale of your Activities.
• You are responsible for determining your tax obligations, collecting taxes, and remitting them to the authorities.
• For Activities in the Canary Islands, IGIC applies. For mainland Spain, VAT applies. Outside Spain, local tax rules apply.
• You must issue invoices to Customers on request.

6.7 Invoicing Between Turinity and the Operator

• Turinity issues a Commission invoice to the Operator covering only the Commission amount (not the full Retail Price).
• The Net Payable is transferred separately to the Operator by bank transfer.
• IGIC treatment:
  • Operators based in the Canary Islands: Commission invoice includes 7% IGIC (IGIC-inclusive).
  • Operators based outside the Canary Islands: Commission invoice issued with 0% IGIC and legal note: "OPERACIÓN NO SUJETA A IGIC (Art. 17.Uno.1° Ley 20/1991)".

You must keep your legal, tax, and billing details accurate. We may delay settlement if information is incomplete.

6.8 Chargebacks

• If a Chargeback happens before the Activity, we cancel the Booking and notify you.
• If after the Activity, we will ask you for information within 3 business days to dispute it.
• If the Chargeback is upheld, we will not pay you for that Booking and may offset any amount already paid.
• Turinity is not liable to you for Chargebacks.

7. Cancellations and Refunds

7.1 Cancellation Policies

You can configure your own cancellation policy per Activity through the Operator Portal. Options include:

• Free cancellation deadline (e.g. 24h, 48h, 72h before the Activity).
• Refund amount after the deadline: full, partial (e.g. 50%), or none.

If no policy is set, Turinity's default applies: free cancellation up to 48 hours before, no refund afterward or for No-Shows.

Cancellation policies are shown to Customers before booking.

7.2 Customer Cancellations

Customers must cancel through Turinity, not directly with you. If a Customer contacts you to cancel, redirect them to Turinity.

7.3 Operator Cancellations

If you cancel a Booking for reasons other than Force Majeure:

• The Customer receives a full refund.
• No cancellation fee is charged in normal cases.
• However, repeated unjustified cancellations may lead to suspension or termination of your account.

If you cancel due to Force Majeure:

• Notify Turinity immediately.
• The Customer receives a full refund.
• We may ask for evidence of the Force Majeure event.

7.4 No-Shows

• A No-Show is treated as a Completed Booking for payment purposes.
• You should wait a reasonable time (minimum 15 minutes) and try to contact the Customer before marking a No-Show.
• Mark No-Shows in the Operator Portal.

7.5 Extenuating Circumstances

In exceptional cases (serious illness, death in the family, major travel disruption), Turinity may issue a full refund to the Customer even after the cancellation window. In such cases:

• We verify the circumstances before refunding.
• We will notify you of the circumstances and our decision, and you may provide input before a final decision is made.
• Where possible, we will first try to reschedule before refunding.
• If the refund is issued, you will not receive payment for that Booking, but no cancellation fee applies to you.

7.6 Deposit Model – Balance Collection

• You are responsible for collecting the balance on site.
• If the Customer refuses to pay, you may deny participation. The deposit is non-refundable.
• For No-Shows, see section 6.1. You accept that balance collection is not guaranteed.

8. Delivering Activities

8.1 Service Standards

• You deliver Activities professionally, safely, and as described.
• Your staff have the necessary skills, training, qualifications, licenses, and permits.
• You comply with all applicable laws (health and safety, consumer protection, licensing, insurance, environment, local tourism rules).

8.2 Insurance

You must maintain adequate liability insurance for the Activities you provide. Water-based Activities require marine liability insurance. You must provide insurance certificates on request and inform us of any cancellation or non-renewal.

8.3 Safety

• You are responsible for Customer safety during Activities.
• Provide safety briefings and equipment in good condition.
• You may refuse participation to Customers who don't meet stated requirements or pose a safety risk.

8.4 Conduct

• Staff must treat Customers with respect and professionalism.
• No discrimination or harassment on any protected characteristic (race, religion, gender, sexual orientation, disability, age, etc.).

9. Customer Communication

9.1 Use of Customer Data

You may contact Customers only for the purpose of delivering the booked Activity — for example, to coordinate pickups, communicate changes, confirm meeting points, or handle on-site logistics.

You may not:

• Circumvent the platform: encourage Customers to book directly with you outside Turinity. If a Customer asks, direct them back to Turinity.
• Send marketing or promotional messages: no mailing lists, newsletters, discount offers, or rebooking promotions.
• Reuse Customer data for any purpose beyond delivering the specific booked Activity.
• Share personal contact details with Customers to encourage future direct bookings.

9.2 Response Times

• More than 7 days before the Activity: reply within 48 hours.
• 2 to 7 days before: within 24 hours.
• Less than 2 days before: before the Activity starts.
• Inquiries from Turinity: within 24 hours.

9.3 Complaints

• You handle Customer complaints about the Activity in the first instance, responding within 3 business days.
• If you fail to respond or resolve reasonably, Turinity may issue a refund, arrange alternatives at your cost, or deduct costs from future payments.

9.4 Customer Invoices

On Customer request, you must provide an invoice for the Activity complying with applicable tax rules.

9.5 Breach

In case of breach of the rules in section 9.1, Turinity will first issue a warning and give you the opportunity to correct the behavior. Repeated or serious breaches may lead to suspension or termination of your account and withholding of payments.

10. Reviews

10.1 Customer Reviews

• Customers can leave reviews after completing an Activity.
• Reviews appear on your Activity page.
• You may respond publicly through the Operator Portal.
• You may not write fake reviews, pay for reviews, or pressure Customers to remove negative reviews.
• You may flag reviews that breach guidelines (false, defamatory, off-topic) for our review.

10.2 Curated Reviews

Turinity may also display "Curated Reviews" for some Activities — internal ratings and summaries based on verified sources from outside Turinity. These are clearly labelled as Curated Reviews and are not presented as direct Turinity Customer testimonials. We may update, replace, or remove Curated Reviews at our discretion.

10.3 Use of Reviews

Customers grant Turinity a worldwide, non-exclusive, royalty-free license to use and display reviews to operate and promote the platform. You may not reuse reviews containing Customer personal data on external platforms without permission.

11. Intellectual Property

11.1 License to Your Content

You grant Turinity a non-exclusive, worldwide, royalty-free license to use, reproduce, translate, modify, display, distribute, and promote your content (images, descriptions, logos) for:

• Displaying on Turinity.
• Marketing and promotional materials, online and offline.
• Distribution to platform partners and affiliates for promotional purposes.
• Any other purpose related to operating the platform.

This license is sublicensable only to platform partners and affiliates for promotional purposes, and continues for 90 days after termination of this Agreement for materials already distributed to partners.

11.2 Your Warranties on Content

You confirm that:

• You own or have valid licenses for all content provided.
• The content does not infringe third-party rights.
• You have permission for images of identifiable individuals.

11.3 AI Processing

We may use AI to analyze, translate, categorize, or enhance your content. You authorize this and allow us to use derived data to improve our services.

11.4 Turinity's IP

Turinity's platform, logos, and trademarks belong to us. You may not use them without written consent, and you may not copy, scrape, or reverse-engineer the platform.

11.5 Feedback

If you suggest improvements, we may use them freely.

12. Data Protection

Turinity and the Operator act as independent data controllers. Each party is responsible for its own GDPR compliance.

We share with you only the Customer data needed to deliver the Activity: name, contact (after confirmation), participants, booking reference, pickup info, and special requests.

You must:

• Use Customer data only to deliver the booked Activity.
• Apply appropriate security measures.
• Not use Customer data for marketing, profiling, retargeting, or audience building.
• Not transfer Customer data to third parties without appropriate safeguards.
• Delete Customer data when no longer needed or on termination, unless legally required to keep it.
• Notify us of any data breach without undue delay, and in any case within 72 hours of becoming aware of it.
• Restrict access to Customer data to authorized personnel only.

13. Confidentiality

Both parties keep the other's confidential information confidential, using it only to perform this Agreement. Exceptions: information already public, independently developed, or required to be disclosed by law.

Confidentiality obligations continue for 3 years after termination.

14. Representations and Warranties

You confirm that:

• Registration information is accurate and complete.
• You hold valid tax registrations and comply with tax obligations.
• All content is accurate and not misleading.
• Activities are delivered in compliance with applicable laws and safety standards.
• You hold all necessary licenses, permits, and insurance.
• Your staff are properly qualified.
• Your content and Activities do not infringe third-party rights.

Except as expressly stated, both parties disclaim all other warranties. Turinity does not guarantee the platform will be error-free or uninterrupted, and does not guarantee any minimum booking volume or revenue.

15. Liability

15.1 Your Indemnification

You will indemnify and hold Turinity harmless against direct claims, liabilities, damages, and reasonable costs arising from:

• Your breach of this Agreement.
• Your violation of applicable laws.
• Delivery of your Activities, including personal injury, property damage, or death.
• Your content, including IP infringement.
• Failure to collect or remit taxes.

Indirect, consequential, or punitive damages are excluded.

15.2 Turinity's Liability

• Turinity is liable only for willful misconduct, gross negligence, or breach of core obligations.
• For breach of core obligations by simple negligence, liability is limited to foreseeable damages typical for this kind of contract.
• Turinity's total liability is capped at the Commission earned from you in the 12 months before the claim.
• Turinity is not liable for acts of Customers or third parties, platform interruptions, Force Majeure, data loss beyond normal recovery costs, or indirect/consequential/punitive damages.

15.3 Force Majeure

Neither party is liable for failure caused by Force Majeure, provided the affected party notifies the other promptly and uses reasonable efforts to mitigate. If Force Majeure lasts more than 30 days, either party may terminate.

16. Term and Termination

16.1 Term

Starts on registration approval, continues until terminated.

16.2 Termination Without Cause

Either party may terminate at any time with 30 days' written notice.

16.3 Termination for Cause

Either party may terminate immediately in writing if the other:

• Materially breaches this Agreement and fails to fix it within 30 days of notice.
• Becomes insolvent or ceases business.
• Engages in fraud, illegal activity, or conduct that harms the other party's reputation.

16.4 Additional Remedies

In addition to termination, if you breach this Agreement or pose a risk, we may:

• Warn you.
• Remove Activities or content.
• Suspend your account.
• Cancel Bookings and refund Customers.
• Withhold payments.

16.5 Effects of Termination

• You complete all Bookings made before termination.
• We may cancel pending Bookings and refund Customers.
• We pay any undisputed Net Payable within 30 days.
• You stop using our trademarks and return or destroy confidential information.

16.6 Survival

These sections survive termination: Definitions, Payments (amounts due), Confidentiality, IP licenses granted, Data Protection, Liability, Governing Law.

17. Changes to this Agreement

We may amend this Agreement with 30 days' prior written notice by email.

• For material changes (commission, payments, liability, termination), the change takes effect only with your acceptance.
• For non-material changes (clarifications, administrative updates), continued use of the platform after the effective date counts as acceptance.
• If you disagree with a proposed change, you may terminate before it takes effect.

18. Governing Law and Disputes

• Governed by the laws of Spain.
• Disputes: first attempt good-faith negotiation for 30 business days, then mediation, then the courts of Santa Cruz de Tenerife, Spain.
• Nothing affects statutory consumer rights that may apply.

19. Miscellaneous

• This Agreement is the entire agreement between the parties.
• If a clause is invalid, the rest remains in force.
• Failure to enforce a clause is not a waiver.
• You may not assign this Agreement without our written consent. We may assign to an affiliate or in a merger/acquisition.
• Notices: by email to the address in your Operator Account, or to [email protected] for Turinity.
• Section headings are for convenience only.

20. Acceptance

By registering on Turinity, clicking "I Accept", or using the Operator Portal, you confirm that you have read and agree to this Agreement, have the authority to bind your business, and that all registration information is accurate.