Terms of Service

By accessing or using the SpareHolidays platform ("Platform"), including our website, APIs, and related services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and SpareHolidays Inc. ("SpareHolidays," "we," "us," or "our").

If you do not agree to these Terms in their entirety, you must not access or use the Platform. Your continued use of the Platform following any modifications to these Terms constitutes your acceptance of such changes. We reserve the right to update these Terms at any time, and we will notify registered users of material changes via email or in-app notification at least thirty (30) days prior to the effective date of such changes.

These Terms apply to all users of the Platform, including buyers, sellers, and visitors. Supplementary policies, including our Privacy Policy, Cookie Policy, Acceptable Use Policy, and Refund & Cancellation Policy, are incorporated herein by reference and form an integral part of these Terms.

To use the SpareHolidays Platform, you must be at least eighteen (18) years of age or the age of legal majority in your jurisdiction, whichever is greater. By creating an account, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding agreement.

You must provide a valid payment method through our payment processor, Stripe, to participate in transactions as a buyer or seller. You must also provide accurate, current, and complete information during registration and maintain the accuracy of such information throughout your use of the Platform.

SpareHolidays reserves the right to refuse service, terminate accounts, or restrict access to the Platform at our sole discretion, including but not limited to cases where we reasonably believe a user has violated these Terms, provided false information, or engaged in fraudulent activity.

Account registration on SpareHolidays is managed through our authentication provider, Clerk. You may register using an email address and password or through supported social login providers. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

You agree to immediately notify SpareHolidays of any unauthorized use of your account or any other breach of security. SpareHolidays shall not be liable for any loss or damage arising from your failure to protect your account credentials. You may not share, transfer, or sell your account to any third party.

For certain transactions or at our discretion, we may require identity verification through Stripe Identity. This verification process may include government-issued identification and biometric checks. Completion of identity verification may be required to list high-value items, increase transaction limits, or resolve disputes. Refusal to complete requested identity verification may result in restricted Platform functionality.

SpareHolidays is a peer-to-peer marketplace for the sale and transfer of unused travel bookings, including but not limited to airline tickets, hotel reservations, travel vouchers, airline credits, and frequent flyer miles. All listings must represent genuine, valid, and transferable travel products that the seller has the legal right to sell and transfer.

Sellers are obligated to ensure that all listed travel products are accurately described, including but not limited to: travel dates, carrier or provider details, class of service, booking reference information, transfer restrictions, and any applicable expiration dates. Sellers must have verified that the listed booking or product is eligible for name change or transfer prior to listing.

Sellers must declare their seller status as either a Consumer (individual, occasional sales) or a Professional (business entity, regular sales activity). This information is displayed on all listings to inform buyers of applicable warranty rights and legal protections, which may differ based on seller type. Professional sellers are subject to enhanced consumer protection obligations, including statutory warranty periods and right of withdrawal provisions as required by applicable law.

Listings that are non-transferable, expired, stolen, fraudulently obtained, or otherwise in violation of the applicable travel provider's terms and conditions are strictly prohibited. SpareHolidays employs automated AI moderation and manual review processes to screen listings for compliance. We reserve the right to remove any listing that violates these rules without prior notice to the seller.

In addition to user-generated listings, SpareHolidays reserves the right to create and publish listings on the Platform through its official account ("SpareHolidays" or "System Listings"). These listings are curated travel deals sourced from publicly available deal aggregators, partner networks, and travel deal publications. Platform Listings are clearly identified with a "SpareHolidays Verified Deal" badge and are sold through the official SpareHolidays account.

When a buyer purchases a Platform Listing, the SpareHolidays operations team manually acquires the underlying travel deal from the original source and arranges the transfer to the buyer. Because Platform Listings are sourced from third-party deal sites, availability is not guaranteed at the time of purchase. If the deal is no longer available or cannot be fulfilled, SpareHolidays will issue a full refund to the buyer promptly.

Platform Listings are subject to the same escrow protection, buyer protection tiers, dispute resolution, and transfer verification processes as all other listings on the marketplace. The pricing of Platform Listings includes a markup over the original deal price to cover operational costs, and all applicable buyer fees and taxes are displayed transparently at checkout. By purchasing a Platform Listing, you acknowledge that SpareHolidays acts as both the marketplace operator and the seller for that specific transaction, and that the same Terms of Service apply.

All transactions on SpareHolidays are processed through our secure escrow system powered by Stripe. When a buyer completes a purchase, the payment is captured and held in escrow by Stripe. Funds are not released to the seller until the buyer confirms successful receipt and transfer of the travel booking, or until the applicable confirmation window expires without a dispute being filed.

The escrow process operates as follows: (1) the buyer submits payment, which is authorized and held; (2) the seller is notified and begins the structured transfer process; (3) the seller provides proof of transfer completion; (4) the buyer reviews and confirms the transfer; (5) upon confirmation, escrowed funds are released to the seller, less applicable fees. If the buyer does not confirm or file a dispute within the applicable window, funds may be automatically released.

All payments are processed in the currency specified at the time of listing. SpareHolidays does not store credit card numbers or sensitive financial data directly; all payment information is handled by Stripe in compliance with PCI DSS standards. You agree to Stripe's terms of service as a condition of using SpareHolidays's payment features.

SpareHolidays charges service fees to facilitate marketplace operations, escrow protection, customer support, and platform maintenance. Fees are transparently displayed during the checkout process before any transaction is confirmed.

Buyers are charged a service fee of ten percent (10%) of the listing price, plus applicable Value Added Tax (VAT) or similar taxes as required by law, which is added to the purchase total at checkout. The applicable tax rate varies by jurisdiction and is calculated based on the buyer's location. Sellers receive the full listing price with no platform commission deducted from their payout.

Additionally, buyers may opt for Premium Protection at a cost of three percent (3%) of the listing price (minimum €2.00, maximum €50.00). Premium Protection provides enhanced safeguards including faster dispute escalation, an extended dispute filing window of fourteen (14) days (compared to seven (7) days under Basic Protection), and automatic refund in the event of seller no-show or failure to initiate the transfer. All fees are non-refundable except as expressly provided in our Refund & Cancellation Policy. SpareHolidays reserves the right to modify fee structures with at least thirty (30) days' prior notice to users.

Upon completion of a purchase, the seller must initiate the booking transfer within the timeframe specified in the listing or as required by the Platform. The structured transfer process involves the seller performing the necessary name change or transfer with the travel provider and providing documentary proof of the completed transfer through the Platform.

Sellers are required to upload proof of transfer, which may include screenshots of confirmation emails, updated booking confirmations showing the buyer's name, or other documentation demonstrating that the transfer has been completed. SpareHolidays's automated verification system analyzes submitted proof for authenticity and completeness. Human review may be triggered for ambiguous or flagged submissions.

If a seller fails to initiate or complete the transfer within the required timeframe, the transaction may be automatically cancelled and escrowed funds returned to the buyer. Buyers must review the transfer documentation and confirm receipt within the applicable window. Communication between buyers and sellers regarding transfer logistics must occur through the Platform's messaging system to ensure a complete record for dispute resolution purposes.

SpareHolidays provides a structured dispute resolution process to protect both buyers and sellers. Buyers may file a dispute within seven (7) days of transaction completion under Basic Protection, or within fourteen (14) days under Premium Protection. Disputes must be filed through the Platform's dispute resolution center and include a clear description of the issue along with supporting evidence.

Upon receipt of a dispute, both parties will be notified and given an opportunity to provide evidence and respond. SpareHolidays employs a two-tier review process: an initial AI-powered analysis evaluates the submitted evidence for consistency, validity, and potential fraud indicators, followed by a human administrator review for final determination. The resolution process typically takes five to ten (5-10) business days, though complex cases may require additional time.

Possible dispute outcomes include: full refund to the buyer, partial refund, release of funds to the seller, or mutual agreement facilitated by SpareHolidays. Decisions made by SpareHolidays's dispute resolution team are final and binding, except where prohibited by applicable law. Users who repeatedly file frivolous disputes or engage in dispute abuse may face account restrictions or termination.

SpareHolidays operates solely as an intermediary marketplace platform connecting buyers and sellers of travel products. SpareHolidays is not a travel agency, airline, hotel, or travel provider, and does not own, operate, or control any of the travel products listed on the Platform. We do not guarantee the transferability, validity, or quality of any listed travel product.

To the maximum extent permitted by applicable law, SpareHolidays, its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Platform, including but not limited to: loss arising from failed transfers, travel provider policy changes, booking cancellations by third-party providers, travel disruptions, or any other circumstances beyond our reasonable control.

Our total aggregate liability for any claims arising from or related to the Platform shall not exceed the total fees paid by you to SpareHolidays in the twelve (12) months preceding the event giving rise to such liability. Nothing in these Terms shall exclude or limit liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. For users residing in the European Union, mandatory consumer protection laws of your country of residence shall apply to the extent they provide greater protection than Delaware law.

Any disputes arising from or related to these Terms or your use of the Platform that are not resolved through our internal dispute resolution process shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or equitable relief in a court of competent jurisdiction. EU residents retain the right to bring proceedings in the courts of their country of residence.

SpareHolidays reserves the right to modify these Terms at any time. Material changes will be communicated to registered users via email or in-app notification at least thirty (30) days before taking effect. Your continued use of the Platform after such changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the Platform.