1. About Us
We are TURIMEDIA SL, operating under the brand Turinity.
- Registered Address: Calle el Sauce 9, Local 3. 38670 Adeje, Santa Cruz de Tenerife, Islas Canarias, España
- CIF (Tax ID): B23873052
- Website: turinity.com
Turinity operates as a marketplace and commercial agent: we provide an online platform where independent local operators (“Suppliers” or “Operators”) list tours, excursions, tickets, activities, and related services (“Activities”).
- Turinity does not operate or organize Activities directly.
- The contractual relationship for an Activity is established exclusively between you (the customer) and the Operator.
- Turinity acts as an intermediary and payment facilitator on behalf of Operators.
- We receive a commission from Operators for mediating bookings.
2. Scope of Application
2.1 These Turinity T&Cs apply to all visitors and users of the Turinity Platform worldwide (“Users”). By accessing or using our Platform, you agree to be bound by these T&Cs.
2.2 These T&Cs apply to all services provided by Turinity unless a specific service has its own dedicated terms, in which case those prevail.
2.3 Any conflicting or deviating terms and conditions from Users or Operators shall not apply unless Turinity expressly agrees in writing.
2.4 The Turinity Platform is intended primarily for personal, non-commercial use.
- Any resale, redistribution, or commercial use of tickets or bookings is strictly prohibited unless expressly authorized in writing by Turinity. This includes, but is not limited to, travel agents, affiliates, collaborators, partners, or any third party acting for commercial purposes without prior approval. Authorized commercial partners (such as affiliates, collaborators, or approved resellers) may use the Platform in accordance with the specific terms agreed with Turinity. Any unauthorized commercial use may result in suspension or termination of the account, cancellation of bookings, and potential legal action.
3. What We Do
3.1 Turinity as a Marketplace
- Turinity provides an online platform where you can browse, compare, and book activities (“Activities”) offered by independent operators (“Operators” or “Suppliers”).
- We act exclusively as a marketplace and intermediary: Turinity does not itself organize, operate, or provide Activities.
3.2 Contractual Relationships
- When you make a booking through Turinity, you enter into a direct contractual relationship with the relevant Operator.
- Turinity acts as a commercial agent for Operators, facilitating the booking and, in most cases, processing payments on their behalf.
- Operators are solely responsible for delivering the Activity in accordance with the description, local regulations, and safety standards.
3.3 Booking and Confirmation
- After completing a booking on the Turinity Platform, you will receive a booking confirmation (via email, WhatsApp, or in-app notification).
- The confirmation includes the booking reference, Operator details, meeting point or pick-up information (if applicable), and payment status.
- You must ensure all personal details provided during the booking process are accurate. Incorrect details may result in denied participation or additional fees.
3.4 Payments
- Payments may be processed by Stripe, PayPal, Apple Pay, Google Pay, or other authorized providers.
- Depending on the Activity, payment structures may vary (e.g., full upfront payment, deposit with balance payable on site).
- When paying only a deposit, you authorize Turinity to securely store your payment method via Stripe in tokenized form.
- In case of a no-show or failure to pay the remaining balance directly to the Operator as agreed, Turinity reserves the right to charge your stored card for the outstanding balance or penalty, in accordance with the Operator’s cancellation policy.
- All financial data is processed by third-party providers under secure encryption.
- Turinity may withhold or reverse a payment in cases of fraud, misuse, or suspected illegal activity.
3.5 Cancellations and Changes
- Each Operator defines their own cancellation and refund policy, which is clearly displayed before booking.
- Turinity enforces the Operator’s cancellation terms and may mediate disputes as an intermediary.
- Where no policy is specified, the default rule is that bookings are non-refundable once confirmed.
- If an Operator cancels an Activity, you are entitled to a full refund of amounts paid via Turinity.
3.6 Customer Service
- Turinity provides customer service to assist with bookings, cancellations, disputes, and questions.
- Support may be provided by human agents or AI-powered communication tools to ensure fast responses and multilingual assistance.
- Communication may occur via email, in-platform chat, WhatsApp, or other messaging services.
- Response times will be communicated clearly and handled with reasonable care, but Turinity cannot guarantee immediate resolution in all cases.
3.7 Translations and Content
- Activity descriptions may be translated automatically using AI translation technologies (e.g., DeepL, OpenAI, etc.).
- These translations are provided for convenience only. The original Operator description (in its source language) prevails in case of discrepancies.
- Turinity is not responsible for minor translation inaccuracies, though we strive to ensure clarity and accuracy.
3.8 Reviews and Ratings
- After completing an Activity, you may be invited to leave a review or rating.
- Reviews are published on the Turinity Platform and linked to the relevant Operator.
- Operators cannot edit or delete reviews but may respond publicly.
- Turinity reserves the right to moderate or remove reviews that violate our content guidelines (e.g., offensive, irrelevant, or unlawful content).
3.9 Limitations of Our Role
- Turinity is not liable for the actual provision of Activities.
- Operators remain solely responsible for safety, compliance with laws, and fulfillment of services.
- Turinity’s liability is limited to issues related to use of the Platform, payment processing, and our obligations as intermediary (see Section 11 – Liability).
3.10 Curated Reviews
- In addition to User-submitted reviews, Turinity may display “Curated Reviews” for certain Activities.
- Curated Reviews are an overall rating and/or summary based on curated feedback from multiple verified sources to provide an overall assessment of the experience.
- Curated Reviews are not presented as direct User testimonials from Turinity bookings and may be updated, replaced, or removed at Turinity’s discretion.
4. User Accounts and Responsibilities
4.1 Account Registration
- To make a booking, you may either proceed as a guest user or create a Turinity account.
- When registering, you must provide accurate, complete, and current information (e.g., name, email address, password).
- You are responsible for maintaining the confidentiality of your account credentials and for all activity carried out under your account.
4.2 Age Requirement
- You must be at least 18 years old to register and make bookings on the Turinity Platform.
- Minors may participate in Activities only if accompanied by an adult and in accordance with the Operator’s rules.
4.3 User Obligations
By using the Turinity Platform, you agree to:
- Provide truthful and accurate booking information (e.g., names of all participants).
- Ensure timely payment of deposits and/or full balances.
- Comply with the Operator’s instructions, safety rules, and local laws during the Activity.
- Respect other participants, Operators, and local communities.
4.4 Prohibited Uses
You may not use the Turinity Platform to:
- Resell, reassign, or commercially exploit bookings without authorization.
- Provide false information, fraudulent payment methods, or impersonate another person.
- Attempt to hack, scrape, reverse engineer, or otherwise interfere with the Platform’s functionality.
- Post reviews or content that is defamatory, offensive, misleading, or unlawful.
4.5 Account Suspension and Termination
- Turinity reserves the right to suspend or terminate your account, cancel bookings, or restrict access to the Platform if you violate these Terms, applicable laws, or the rights of others.
- We may also suspend accounts to prevent fraud, security threats, or misuse.
- Any pending bookings may be canceled in such cases, with or without refund, depending on the circumstances.
4.6 Acceptable Use of the Platform
When using the Turinity Platform, you agree to:
- Use the Platform only for lawful purposes and in accordance with these Terms.
- Not attempt to gain unauthorized access to the Platform, accounts, or connected systems.
- Not interfere with or disrupt the security, integrity, or performance of the Platform.
- Not use automated systems (e.g., bots, scrapers) to extract data without Turinity’s prior written consent.
- Not upload or transmit any viruses, malware, or harmful code.
- Not use the Platform to publish or share unlawful, defamatory, discriminatory, or offensive content.
Turinity reserves the right to suspend or terminate accounts that violate these rules.
4.7 Identity Verification
- Turinity reserves the right to request identity verification or additional documentation before processing bookings, particularly for high-value transactions or when fraud indicators are detected. Failure to provide requested verification may result in booking cancellation.
5. Bookings, Cancellations and Refunds
5.1 Booking Process
- A booking is confirmed once you complete the reservation process on the Turinity Platform and receive a booking confirmation.
- The confirmation will include the Operator’s details, meeting point or pick-up information (if applicable), and payment status.
- You must check the accuracy of all details (date, time, participants, contact info). Errors may result in denied participation or additional fees.
5.2 Payment Structures
Activities on Turinity may use different payment models, displayed at checkout:
- Full Prepayment – You pay the total price online at the time of booking.
- Deposit + Balance on Site – You pay a deposit online to secure the booking. The remaining balance is payable directly to the Operator on the day of the Activity.
5.3 Card Authorization and No-Shows
- When you book with a deposit, you authorize Turinity (via Stripe) to securely store your payment method.
- If you fail to attend the Activity without timely cancellation (“no-show”), or if you refuse to pay the remaining balance on site, Turinity reserves the right to charge your stored card for the outstanding balance or applicable penalty, in accordance with the Operator’s policy.
- By booking, you consent to this pre-authorization and potential charge.
5.4 Cancellations by the Customer
- Cancellation terms vary depending on the Operator’s policy, which will be shown before booking.
- Some Activities may be non-refundable once booked. Others may allow free cancellation until a certain deadline.
- To cancel, you must follow the instructions in your booking confirmation or contact Turinity customer service.
5.5 Cancellations by the Operator
- If the Operator cancels an Activity (e.g., due to weather, safety, or operational reasons), you are entitled to a full refund of amounts paid online through Turinity.
- Turinity will not be responsible for additional costs you may incur (e.g., flights, hotels, transport).
5.6 Changes and Rescheduling
- Operators may allow changes (date, time, participants) at their discretion.
- Some changes may incur additional fees.
- Turinity cannot guarantee availability for requested changes but will facilitate communication with the Operator.
5.7 Refunds
- Refunds will be processed through the original payment method used at booking.
- Processing times depend on the payment provider but typically range between 5–10 business days.
- Service fees or deposits may be non-refundable if stated in the cancellation policy.
5.8 Right of Withdrawal (EU/EEA Consumers)
- Under EU law, there is generally no right of withdrawal (14-day cooling-off period) for leisure services related to a specific date or period.
- Therefore, once confirmed, most Activities cannot be canceled under the statutory withdrawal right.
6. Prices and Payment Terms
6.1 Displayed Prices
- All prices on the Turinity Platform are shown in the currency selected by the User (default: EUR).
- Prices include applicable taxes (e.g., VAT, IGIC or sales tax) unless otherwise stated.
- Additional local fees (e.g., park entry, harbor fees, equipment rental) may apply if explicitly mentioned in the Activity description.
6.2 Accuracy of Prices
- Turinity strives to ensure all prices are accurate.
- However, in case of an obvious pricing error (e.g., €0 for a yacht charter), Turinity reserves the right to cancel the booking.
- If this occurs, you will be notified and offered either a full refund or the option to rebook at the correct price.
6.3 Price Changes by Operators
- Operators may adjust their prices at any time before a booking is made.
- Once your booking is confirmed, the price is fixed and will not change, except in cases of agreed modifications.
6.4 Methods of Payment
Accepted payment methods include:
- Credit and debit cards (Visa, Mastercard, American Express, etc.)
- PayPal
- Apple Pay / Google Pay (where available)
- Other methods as displayed during checkout.
6.5 Deposits and Balances
- For bookings made with a deposit, the remaining balance must be paid directly to the Operator on the day of the Activity.
- Failure to pay the balance may result in denial of participation and may trigger a charge to your stored card (see Section 5.3).
6.6 Invoices and Receipts
- Turinity issues electronic confirmations and receipts for payments processed online.
- Invoices for the full Activity price may be issued by the Operator, depending on local regulations.
6.7 Fraud and Unauthorized Transactions
- Payments are processed securely through third-party providers (e.g., Stripe, PayPal).
- Turinity may decline or cancel a booking if fraud, unauthorized use, or illegal activity is suspected.
6.8 Ranking and Recommendations
The order in which Activities appear on the Turinity Platform may depend on various factors, including but not limited to:
- Popularity and booking volume.
- Ratings and reviews from Users.
- Availability and pricing.
- Relevance to search filters and keywords.
- Cancellation history and reliability of the Operator.
- Language availability.
Some Activities may be marked as “Promoted” or “Sponsored,” in which case this will be clearly indicated.
Ranking does not constitute personal advice or a guarantee of service quality.
6.9 Best Price Guarantee
6.9.1 Turinity is committed to offering competitive prices. If you find the same Activity at a lower price on another website, we will match the price or refund the difference, subject to the conditions below.
6.9.2 To qualify for the Best Price Guarantee, the alternative offer must meet all of the following conditions:
- Same Activity with identical conditions (date, time, duration, inclusions)
- Same Operator
- Same number and type of participants
- Publicly available and currently bookable online
- Price verifiable at the time of your claim
6.9.3 Requests must be submitted within 48 hours of your Turinity booking by contacting our support team with:
- Your Turinity booking reference
- A link to the lower-priced offer
- Screenshot showing the price and conditions
6.9.4 Exclusions. The following are not eligible for price matching:
- Offers available only to members of loyalty programs, corporate accounts, or closed groups
- Prices requiring a coupon, promotional code, or special voucher not available to the general public
- Package deals, bundles, or offers combined with other services (e.g., flights, hotels)
- Prices resulting from obvious errors
- Offers on websites created for the purpose of circumventing this policy
6.9.5 Verification and Refund. Upon receiving your claim, Turinity will verify the alternative offer. If the lower price is confirmed, we will either:
- Adjust your booking price and refund the difference to your original payment method, or
- Issue Turinity credit for future bookings (at your choice, where available)
Refunds are typically processed within 5–10 business days.
6.9.6 Turinity reserves the right to reject claims where there is evidence or reasonable suspicion of fraud, manipulation, or abuse of this policy.
6.9.7 This guarantee applies only to bookings made directly on the Turinity Platform and does not apply to bookings made through third-party resellers or affiliates.
7. User Conduct During Activities
7.1 Punctuality
- You must arrive at the meeting point or pick-up location at the time specified in your booking confirmation.
- Operators are not obliged to wait for late participants. Missing the Activity due to lateness may be treated as a no-show and is non-refundable.
7.2 Compliance with Operator Rules
- You must follow all instructions provided by the Operator, including safety briefings, equipment usage, and local regulations.
- Certain Activities may have additional restrictions (e.g., health conditions, weight limits, swimming ability, valid ID for age verification). These will be indicated in the Activity description.
7.3 Behavior and Safety
- You are expected to behave respectfully towards Operators, staff, other participants, and local communities.
- Disruptive, dangerous, or unlawful conduct may result in removal from the Activity without refund.
- You are responsible for any damages you cause to equipment, vehicles, or property during the Activity.
7.4 Alcohol and Substances
- Participation may be denied if you appear intoxicated or under the influence of drugs. In such cases, no refund will be issued.
7.5 Health and Fitness
- Some Activities require a minimum level of fitness or specific health conditions.
- You are responsible for ensuring that you (and those you book for) are medically fit to participate.
- Operators may refuse participation if they believe safety is at risk.
7.6 Children and Minors
- Minors must be accompanied by a parent or legal guardian unless otherwise specified.
- Operators may set minimum age requirements for certain Activities (e.g., scuba diving, jetski rental, wine tours). These will be displayed on the Activity page.
7.7 Liability for Non-Compliance
- Failure to comply with Operator rules may result in exclusion from the Activity, denial of service, or claims for damages.
- Turinity is not liable for costs or losses arising from such exclusion.
7.8 Right of Admission
Operators reserve the right to deny participation if:
- You fail to present valid identification or required licenses (e.g., driver’s license for vehicle rentals).
- You do not meet the stated age, weight, height, or health requirements for the Activity.
- You arrive intoxicated, under the influence of drugs, or otherwise unfit to participate safely.
In such cases, no refunds will be issued.
Users are responsible for ensuring compliance with all participation requirements listed on the Activity page.
7.9 Travel Insurance
- Turinity strongly recommends that you purchase comprehensive travel insurance before participating in Activities, particularly those involving outdoor, water-based, or high-risk elements.
- Turinity does not provide insurance and is not responsible for losses that could have been covered by travel insurance.
8. Reviews and User-Generated Content
8.1 Leaving Reviews
- After completing an Activity, you may be invited to leave a review and/or rating.
- Reviews should reflect your genuine experience and be factually accurate.
8.2 Content Guidelines
You agree not to post content that is:
- False, misleading, or irrelevant to the Activity.
- Offensive, discriminatory, or unlawful.
- Promotional or spam.
- Violating third-party rights (e.g., copyright, trademarks, privacy).
8.3 Moderation
- Turinity reserves the right to review, edit, or remove any content that violates these guidelines or applicable law.
- Operators cannot remove or alter reviews but may provide a public reply.
- We may temporarily suspend the ability to post reviews in cases of suspected abuse.
8.4 License to Use Content
- By submitting reviews, photos, or other content, you grant Turinity a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, and display such content for the purpose of operating and promoting the Platform.
- This license continues even if you close your account, but you may request removal of your content by contacting us.
8.5 Responsibility
- You remain solely responsible for your reviews and any content you submit.
- Turinity disclaims liability for user-generated content but will act promptly to remove unlawful material when notified.
8.6 Copyright Complaints
- If you believe content on the Platform infringes your copyright, submit a notice to [email protected] including: (a) identification of the copyrighted work, (b) identification of the infringing material, (c) your contact information, (d) a statement of good faith belief, (e) a statement under penalty of perjury that you are authorized to act on behalf of the copyright owner.
9. Intellectual Property
9.1 Ownership of Platform Content
- All content on the Turinity Platform — including text, design, graphics, logos, icons, images, videos, software, databases, and source code — is owned by or licensed to TURIMEDIA SL and protected under copyright, trademark, and other intellectual property laws.
9.2 Trademark Rights
- Turinity and associated logos are registered or unregistered trademarks of TURIMEDIA SL.
- You may not use our trademarks, trade names, or branding without prior written consent.
9.3 License to Use Platform
- Turinity grants Users a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform for personal, non-commercial purposes.
- Any commercial use, automated scraping, or reproduction of the Platform’s content without consent is strictly prohibited.
9.4 Third-Party Content
- Activity descriptions, images, and materials provided by Operators remain their property.
- Operators grant Turinity a license to display and distribute such content on the Platform.
- Turinity is not responsible for verifying the ownership of Operator-provided content but may remove content if rights infringement is reported.
9.5 User Content
- Reviews, photos, or other submissions by Users are governed by Section 8.
- By posting, you grant Turinity a license to use the content as described in that section.
9.6 Violations
- Unauthorized use of Turinity’s intellectual property may result in legal action, damages, and/or termination of your account.
10. Third-Party Services and Links
10.1 Use of Third-Party Services
- Turinity integrates with third-party providers to deliver its services, including but not limited to:
- Payment processors (e.g., Stripe, PayPal, Apple Pay, Google Pay).
- Infrastructure and security providers (e.g., Cloudflare, hosting services).
- Translation technologies (e.g., AI-based translation tools).
- Analytics, communication, and support tools (e.g., customer support platforms, AI-powered messaging).
- By using the Turinity Platform, you acknowledge that certain data may be processed by these providers in accordance with their own privacy policies.
10.2 Responsibility for External Services
- Turinity is not responsible for the accuracy, availability, or security of third-party services.
- Any disputes or issues with third-party services must be resolved directly with the provider, to the extent permitted by law.
10.3 Links to External Websites
- The Platform may contain links to third-party websites or apps.
- Turinity does not endorse or control these websites and is not responsible for their content, policies, or practices.
- Users should review the terms and privacy policies of any third-party websites before using them.
10.4 APIs and Data Exchange
- Turinity may facilitate bookings or services through external APIs provided by Operators or partners.
- In such cases, Turinity acts solely as an intermediary and disclaims liability for errors or service interruptions originating from third-party systems.
10.5 Liability Disclaimer
- To the maximum extent permitted by law, Turinity is not liable for damages, losses, or failures caused by third-party services or links.
11. Liability of Turinity
11.1 General Principle
- Turinity acts only as a marketplace and intermediary between Users and Operators.
- The contractual relationship for Activities is solely between the User and the Operator.
- Turinity is not responsible for the performance, safety, legality, or quality of the Activities.
11.2 Limitation of Liability
To the maximum extent permitted by law:
- Turinity is not liable for damages, losses, injuries, accidents, delays, cancellations, or any other issues arising directly or indirectly from an Activity.
- Turinity’s liability is limited to issues relating to:
- The proper functioning of the Turinity Platform.
- The secure processing of payments.
- Obligations expressly assumed under these Terms.
- In no case shall Turinity’s total liability exceed the amount paid by the User through the Turinity Platform for the specific booking giving rise to the claim.
11.3 Excluded Liability
Turinity disclaims responsibility for:
- Operator errors, negligence, or non-performance.
- Changes in schedule, itinerary, or availability decided by Operators.
- Force majeure events (e.g., weather, strikes, natural disasters, pandemics).
- User negligence, misconduct, or failure to follow Operator instructions.
- Loss of personal property during Activities.
11.4 Indemnification by Users
- By using the Turinity Platform, you agree to indemnify and hold harmless Turinity, its affiliates, directors, and employees from any claims, liabilities, damages, costs, or expenses arising out of:
- Your breach of these Terms.
- Your violation of laws or third-party rights.
- Your conduct during Activities, including damages to property or harm to others.
11.5 Legal Rights
- Nothing in these Terms excludes or limits liability where it cannot be excluded under applicable law (e.g., liability for death or personal injury caused by negligence).
- Consumers in the EU/EEA may have additional statutory rights which remain unaffected.
11.6 Complaints and Dispute Resolution
In case of any complaint regarding an Activity:
- You must first address the issue directly with the Operator at the time of the Activity.
- If the issue cannot be resolved, you may contact Turinity within 14 days of the Activity date, providing all relevant details and evidence.
- Turinity may act as a mediator between you and the Operator but does not guarantee a particular outcome.
Turinity will review complaints in good faith and facilitate communication, but the Operator remains ultimately responsible for the performance of the Activity.
Your statutory consumer rights remain unaffected.
12. Data Protection and Privacy
12.1 Privacy Policy
- The collection and processing of personal data on the Turinity Platform are governed by our separate Privacy Policy, available at www.turinity.com/privacy.
- By using the Platform, you acknowledge that you have read and understood our Privacy Policy.
12.2 Data Sharing with Operators
- To complete your booking, Turinity may share necessary personal data (e.g., name, contact details, nationality, participant information) with the relevant Operator.
- Operators act as independent data controllers with respect to the data they receive.
- Turinity is not responsible for how Operators handle your data once transferred, but requires them to comply with applicable laws.
12.3 Customer Support and AI Tools
- To provide efficient multilingual support, Turinity may use AI-powered communication tools to process your messages.
- These tools operate under strict confidentiality and data protection safeguards.
12.4 Legal Obligations
- Turinity may disclose your personal data to authorities if required by law or to enforce these Terms (e.g., for fraud prevention or security reasons).
12.5 International Transfers
- As described in our Privacy Policy, data may be processed outside the EU/EEA when using third-party providers (e.g., Stripe, PayPal, Cloudflare).
- Safeguards such as Standard Contractual Clauses (SCCs) are applied to ensure adequate protection.
13. Changes to the Platform and Availability
13.1 Service Updates
- Turinity may modify, update, or enhance features of the Platform at any time to improve functionality, security, or user experience.
- Such changes may temporarily affect availability or require downtime.
13.2 Availability of Services
- While Turinity strives to ensure continuous availability of the Platform, uninterrupted access cannot be guaranteed.
- Access may be limited due to maintenance, system upgrades, security measures, or factors beyond Turinity’s control (e.g., network outages).
13.3 Operator-Dependent Services
- Certain features and services rely on third-party systems, such as Operator APIs, payment processors, or translation tools.
- Turinity is not liable for interruptions or errors caused by third-party services.
13.4 Right to Discontinue
- Turinity reserves the right to discontinue or restrict the Platform, or parts of it, at its sole discretion.
- In such cases, existing confirmed bookings will be honored or refunded, unless continuation is impossible due to force majeure.
14. Termination of Access and Accounts
14.1 By Turinity
- Turinity may suspend, restrict, or permanently terminate your access to the Platform if:
- You violate these Terms or applicable law.
- You provide false, fraudulent, or misleading information.
- You misuse the Platform for unauthorized or commercial purposes.
- You engage in abusive, threatening, or unlawful conduct towards Operators, other Users, or Turinity staff.
- Termination may occur without prior notice in serious cases (e.g., fraud, abuse, security threats).
14.2 By the User
- You may delete your account at any time by contacting Turinity customer service.
- Deleting your account does not affect confirmed bookings already made, which will still be binding with the relevant Operator.
14.3 Effect of Termination
- Upon termination, your license to use the Platform immediately ends.
- Reviews or content you submitted may remain visible on the Platform unless removal is requested (see Section 8.4).
- Outstanding payments, claims, or obligations (e.g., unpaid balances, no-show fees) remain enforceable even after account closure.
14.4 Fraud Prevention
- Turinity reserves the right to retain certain account information after termination if required for fraud prevention, dispute resolution, or compliance with legal obligations.
15. Changes to These Terms
15.1 Right to Modify
- Turinity reserves the right to update or amend these Terms at any time to reflect changes in business operations, legal requirements, or technical improvements.
15.2 Notification of Changes
- Material changes will be communicated to Users by appropriate means, such as:
- Email notification.
- In-app or on-site notification upon login.
- Publication of the updated Terms on the Turinity Platform.
15.3 Effective Date
- Unless otherwise stated, changes become effective immediately upon publication on the Platform.
- Continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.
15.4 User Rights
- If you do not agree with the updated Terms, you may discontinue use of the Platform and request deletion of your account.
- Existing bookings remain governed by the Terms in force at the time of booking, unless the revised Terms are more favorable to the User.
16. Governing Law and Jurisdiction
16.1 Applicable Law
- These Terms and any disputes arising from them shall be governed by and construed in accordance with the laws of Spain, without regard to conflict of law principles.
16.2 Jurisdiction
- The competent courts of Santa Cruz de Tenerife, Spain shall have exclusive jurisdiction over disputes arising from these Terms or the use of the Turinity Platform.
16.3 Consumer Protection Rights
- If you are a consumer residing in the EU/EEA, you may also bring legal proceedings in your country of residence under applicable consumer protection laws.
- If you are a consumer residing in the UK, you may be entitled to bring claims in UK courts under UK consumer law.
- If you are a consumer residing in the United States, specific rights may apply under state laws (e.g., California CCPA/CPRA). These are described in Section 17.
16.4 Online Dispute Resolution (EU Residents)
17. U.S. Residents’ Rights (CCPA/CPRA and Other State Laws)
17.1 Scope
- If you are a resident of the United States, certain state privacy and consumer protection laws may grant you additional rights.
- These include, but are not limited to, the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as well as similar laws in other states such as Colorado, Virginia, Connecticut, and Utah.
17.2 Data Privacy Rights
Depending on your state of residence, you may have rights to:
- Know what personal data we collect, use, and share.
- Access and request a copy of your personal data.
- Delete your personal data (subject to certain exceptions, e.g., legal obligations).
- Correct inaccurate personal information.
- Opt out of the sale or sharing of personal data for targeted advertising.
- Non-discrimination for exercising your rights.
17.3 How to Exercise Rights
- You may exercise your rights by contacting us at [email protected].
- To protect your data, we may need to verify your identity before fulfilling your request.
- You may also designate an authorized agent to make requests on your behalf, subject to verification.
17.4 Do Not Sell or Share My Data
- Turinity does not sell personal data in the traditional sense.
- If required by law, we will provide a “Do Not Sell or Share My Personal Information” link on our website to allow U.S. residents to opt out of data sharing for targeted advertising.
17.5 Appeals
- If we deny your request under state privacy law, you may appeal our decision by contacting us at the same email above.
17.6 California Residents
- California residents may also contact the California Privacy Protection Agency (CPPA) if they believe their rights have been violated.
18. Force Majeure
18.1 Definition
- Neither Turinity nor the Operators shall be held liable for failure to perform obligations or for delays caused by events outside of their reasonable control (“Force Majeure Events”).
18.2 Examples of Force Majeure Events
Force Majeure Events may include, but are not limited to:
- Natural disasters (e.g., storms, floods, earthquakes, volcanic eruptions).
- Extreme weather conditions or unsafe sea conditions.
- Fires or explosions.
- Strikes, labor disputes, or industrial actions.
- Acts of war, terrorism, or civil unrest.
- Government orders, restrictions, or regulations.
- Epidemics, pandemics, or public health emergencies.
- Power outages, communication breakdowns, or major IT system failures.
18.3 Consequences
- In the event of a Force Majeure, Turinity and/or the Operator may suspend, modify, or cancel an Activity without liability.
- Where possible, Users will be offered alternatives, such as rescheduling or vouchers.
- Refunds may be issued at the discretion of the Operator or in accordance with applicable consumer laws, but Turinity does not guarantee full refunds in such circumstances.
18.4 Notification
- Turinity or the Operator will make reasonable efforts to notify Users as soon as possible when a Force Majeure Event prevents the fulfillment of an Activity.
19. Miscellaneous Provisions
19.1 Entire Agreement
- These Terms, together with the Privacy Policy and any additional conditions communicated at the time of booking, constitute the entire agreement between you and Turinity.
- They supersede any prior agreements, communications, or understandings relating to the use of the Platform.
19.2 Severability
- If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
19.3 Assignment
- You may not assign or transfer your rights or obligations under these Terms without prior written consent from Turinity.
- Turinity may assign its rights and obligations (e.g., in case of a merger, acquisition, or corporate restructuring) without requiring user consent.
19.4 No Waiver
- Failure by Turinity to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.
19.5 Language
- These Terms are provided in English and may be translated into other languages for convenience.
- In the event of discrepancies between versions, the English version shall prevail.
19.6 Survival
- Any provisions of these Terms that by their nature should survive termination (e.g., liability limitations, indemnification, governing law, and jurisdiction) will remain in effect after account closure or termination of services.
20. Digital Services Act Compliance
20.1 Contact for Users
For any questions, complaints, or content-related issues, Users may contact us at: [email protected]
20.2 Contact for Authorities
Regulatory authorities, the European Commission, and the European Board for Digital Services may contact our designated point of contact at: [email protected]
20.3 Internal Complaint Handling
Users may submit complaints regarding content moderation decisions, account restrictions, or other platform decisions through our contact form at turinity.com/contact-us. We will acknowledge receipt within 48 hours and provide a reasoned decision within 14 days. If you disagree with our decision, you may appeal within 6 months of the original decision at no cost.
21. Gift Cards and Credits
21.1 Turinity may offer gift cards or promotional credits for use on the Platform.
21.2 Gift cards are valid for 3 years from the date of purchase unless otherwise stated or required by applicable law.
21.3 Gift cards and credits are non-transferable, non-refundable, and cannot be exchanged for cash.
21.4 Turinity reserves the right to cancel gift cards obtained through fraud or in violation of these Terms.