Terms of Service

Please read these terms carefully before using our travel planning platform.

Last updated: December 2025

1. Agreement to Terms and Legal Framework

1.1 Acceptance of Terms

These Terms of Service ("Terms") govern your use of the Spirit of Traveling platform, website, mobile applications, and services (collectively, "Services") operated by Spirit of Traveling, a Spanish autonomous company.

By accessing or using our Services, you agree to be bound by these Terms, our Privacy Policy, and applicable laws including GDPR, LOPDGDD, and LSSI. If you disagree with any part of these terms, you may not access the Services.

1.2 Service Provider Information (LSSI Art. 10)

Company Name: Spirit of Traveling

Registered Address: Lugar A Freixa 55A, Ribadetea, Ponteareas, CP. 36866, Pontevedra, Spain

Email: administrator@spiritoftraveling.com

Website: www.spiritoftraveling.com

1.3 Applicable Laws and Regulations

These Terms comply with:

  • GDPR: Regulation (EU) 2016/679 (General Data Protection Regulation)
  • LOPDGDD: Organic Law 3/2018 on Data Protection (Spain)
  • LSSI-CE: Law 34/2002 on Information Society Services and Electronic Commerce (Spain)

⚠️ Important Notice

These Terms include provisions that limit our liability, define data usage rights, and establish dispute resolution procedures. Please read them carefully before using our Services. Our Services are provided free of charge, and certain consumer protection laws applicable to paid services may not apply.

2. Service Description

Spirit of Traveling provides a travel planning platform that allows users to:

  • Discover and explore travel destinations
  • Plan and organize travel itineraries
  • Access travel information and recommendations
  • Share travel experiences and content
  • Export travel plans and itineraries

Our Services are provided "as is" and we reserve the right to modify, suspend, or discontinue any part of our Services at any time without notice.

3. User Accounts and Data Ownership

3.1 Account Creation

You may create an account to access additional features. When you create an account, you agree to:

  • Provide accurate and complete information
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized use
  • Be responsible for all activities under your account

3.2 User Data and Privacy Rights (GDPR & LOPDGDD Compliant)

🔒 Your Data Rights Under GDPR and LOPDGDD

Important: You retain ownership of your personal data. By using our Services, you grant us specific limited rights to process your data as described below:

  • Data Ownership: You retain full ownership of all personal data you provide. We act as a Data Controller and/or Data Processor under GDPR.
  • Processing Rights: You grant us permission to process your data solely for providing, improving, and securing our Services.
  • Your GDPR Rights: You maintain all rights under GDPR Arts. 15-22 including access, rectification, erasure, portability, and objection.
  • Data Retention: We retain your data only as long as necessary for service provision or as required by law.
  • Data Deletion: You can request account deletion at any time, and we will delete your data within 30 days (subject to legal retention requirements).
  • No Waiver of Rights: You do NOT waive any data protection rights under GDPR or LOPDGDD by using our Services.

Full details are available in our Privacy Policy, which is incorporated by reference into these Terms.

3.3 User-Generated Content License

Any content you submit, upload, or create through our Services (including but not limited to reviews, photos, itineraries, comments, and feedback) is subject to the following licensing terms:

  • You represent that you own or have the necessary rights to the content you submit
  • You grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, adapt, publish, and display your content for the purpose of operating and promoting our Services
  • This license continues for a commercially reasonable time after you delete your content or account
  • You retain all ownership rights to your content and can remove it at any time (subject to technical limitations and caching)
  • We may use your content for marketing and promotional purposes, but we will credit you where reasonably possible
  • You are solely responsible for the accuracy, legality, and appropriateness of your content
  • We reserve the right to remove content that violates these Terms or applicable laws

✅ Content Removal Rights

You can request removal of your content at any time through your account settings or by contacting us. We will process removal requests within 30 days, subject to legal retention requirements and technical limitations (cached copies, backup systems).

4. Intellectual Property Rights

4.1 Our Rights

All rights, title, and interest in and to our Services, including but not limited to:

  • Software, algorithms, and source code
  • User interface designs and layouts
  • Database structures and data models
  • Brand names, logos, and trademarks
  • Documentation and user guides
  • All user data and content (as per Section 3.2)

All rights reserved. No part of our Services may be reproduced, distributed, or transmitted without our express written permission.

4.2 Prohibited Uses

You may not:

  • Copy, modify, or create derivative works of our Services
  • Reverse engineer, decompile, or disassemble our software
  • Use our Services for any illegal or unauthorized purpose
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt our Services
  • Use automated systems to access our Services without permission
  • Resell or redistribute our Services or data

4.3 Third-Party Content and Attribution

Our Services may include content from third-party sources. We provide proper attribution as required:

  • Wikipedia: Content used under Creative Commons Attribution-ShareAlike License
  • Geonames: Geographic data used under Creative Commons Attribution 4.0 License
  • OpenStreetMap: Map data used under Open Database License
  • User Photos: Used with appropriate licenses and attribution

5. User Responsibilities and Prohibited Activities

5.1 Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You are responsible for:

  • Complying with all applicable laws and regulations
  • Respecting the rights of other users and third parties
  • Maintaining the confidentiality of your account
  • Providing accurate and truthful information
  • Using our Services in a manner that does not harm our reputation or business

5.2 Prohibited Activities

You may not use our Services to:

  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Transmit harmful, threatening, or offensive content
  • Engage in fraudulent or deceptive practices
  • Attempt to gain unauthorized access to our systems
  • Interfere with the proper functioning of our Services
  • Collect or harvest user information without permission
  • Use our Services for commercial purposes without authorization

6. Privacy and Data Protection (GDPR & LOPDGDD Compliance)

Your privacy is important to us. Our collection, processing, and use of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference and complies with GDPR, LOPDGDD, and LSSI requirements.

6.1 Data Processing Transparency

Your Data Protection Rights:

  • Right to Information: You have the right to know what data we collect and how we use it
  • Right of Access: You can request a copy of all your personal data (GDPR Art. 15)
  • Right to Rectification: You can correct inaccurate data (GDPR Art. 16)
  • Right to Erasure: You can request deletion of your data (GDPR Art. 17)
  • Right to Data Portability: You can receive your data in machine-readable format (GDPR Art. 20)
  • Right to Object: You can object to certain data processing (GDPR Art. 21)
  • Right to Withdraw Consent: You can withdraw consent at any time

To exercise these rights, contact us at administrator@spiritoftraveling.com

6.2 Legal Basis for Data Processing

We process your data based on:

  • Contract Performance: To provide the Services you requested
  • Consent: For marketing communications and optional features
  • Legitimate Interest: For service improvement and fraud prevention
  • Legal Obligation: To comply with Spanish and EU laws

6.3 Data Retention and Deletion

We retain your data only as long as necessary for the purposes outlined in our Privacy Policy. When you delete your account:

  • Personal data will be deleted within 30 days
  • Some data may be retained for legal compliance (tax records, etc.)
  • Anonymized data may be retained for statistical purposes
  • Backup copies may take up to 90 days to be permanently removed

6.4 International Data Transfers

Our servers are located in Germany/Netherlands (EU). If we transfer data outside the EU, we ensure adequate protection through:

  • Standard Contractual Clauses (SCCs) approved by the European Commission
  • Adequacy decisions
  • Additional safeguards as required by GDPR Chapter V

📋 Full Privacy Policy

For complete details on how we collect, use, and protect your data, please read our comprehensive Privacy Policy, which complies with GDPR, LOPDGDD, and LSSI requirements.

7. Service Availability and Modifications

We strive to provide reliable Services, but we cannot guarantee uninterrupted access. We reserve the right to:

  • Modify, suspend, or discontinue any part of our Services
  • Perform maintenance and updates that may temporarily affect availability
  • Implement usage limits or restrictions
  • Change our Services without prior notice
  • Terminate accounts that violate these Terms

We are not liable for any loss or inconvenience resulting from service interruptions or modifications.

8. Limitation of Liability and Disclaimers

8.1 Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
  • WARRANTIES THAT OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
  • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF INFORMATION
  • WARRANTIES THAT DEFECTS WILL BE CORRECTED

8.2 Limitation of Liability

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPIRIT OF TRAVELING SHALL NOT BE LIABLE FOR:

  • ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
  • DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE OUR SERVICES
  • DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
  • DAMAGES RESULTING FROM THIRD-PARTY CONDUCT OR CONTENT
  • ANY OTHER LOSSES ARISING FROM OR RELATING TO OUR SERVICES

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR €100, WHICHEVER IS LESS.

8.3 Indemnification

You agree to indemnify, defend, and hold harmless Spirit of Traveling from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

  • Your use of our Services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any content you submit or transmit through our Services

9. Termination

We may terminate or suspend your account and access to our Services immediately, without prior notice, for any reason, including:

  • Violation of these Terms
  • Fraudulent or illegal activity
  • Abuse of our Services or other users
  • Technical or security reasons
  • At our sole discretion

Upon termination, your right to use our Services ceases immediately. We may delete your account and data at any time after termination.

You may terminate your account at any time by contacting us, but all data ownership provisions remain in effect.

10. Governing Law and Dispute Resolution

10.1 Applicable Law

These Terms are governed by and construed in accordance with Spanish law, specifically:

  • Spanish Civil Code (Código Civil)
  • Law 34/2002 on Information Society Services (LSSI)
  • Organic Law 3/2018 on Data Protection (LOPDGDD)
  • EU Regulation 2016/679 (GDPR)

10.2 Applicability of Consumer Protection Laws

⚖️ Free Service Notice

Our Services are provided free of charge. As such, certain consumer protection laws that apply to paid services may not be applicable to your use of our Services. This includes:

  • Right to withdrawal periods (applicable only to paid services)
  • Certain warranty obligations under consumer sales law
  • Specific remedies available only to paying consumers

However, data protection rights under GDPR and LOPDGDD remain fully applicable regardless of payment.

10.3 Dispute Resolution Process

In the event of any dispute arising from these Terms or your use of our Services:

Step 1: Direct Negotiation

We encourage you to first contact us at administrator@spiritoftraveling.com to resolve the issue amicably.

Step 2: Alternative Dispute Resolution (ADR)

If direct negotiation fails, you may access alternative dispute resolution mechanisms available under Spanish and EU law.

Step 3: Mediation (Optional)

Both parties may agree to submit the dispute to mediation in accordance with Spanish Mediation Law 5/2012.

Step 4: Judicial Resolution

If alternative methods fail, legal proceedings may be initiated in the competent Spanish courts.

Exclusive Jurisdiction: By using our Services, you expressly waive your right to the jurisdiction of your place of residence and agree that the courts of Vigo, Pontevedra, Spain shall have exclusive jurisdiction over any disputes arising from these Terms or your use of our Services.

10.4 Language and Venue

All dispute resolution proceedings shall be conducted in Spanish unless otherwise agreed. The venue for any legal proceedings shall be the courts of Vigo, Pontevedra, Spain as specified above.

11. Changes to These Terms

11.1 Modification Rights

We reserve the right to modify these Terms at any time to reflect changes in our services, legal requirements, or business practices.

11.2 Notification of Changes

We will notify you of material changes through:

  • Email notification to your registered email address (at least 30 days in advance)
  • Prominent notice on our website and platform
  • In-app notification for mobile users

11.3 Acceptance of Changes

For Non-Material Changes: Your continued use of our Services after the effective date constitutes acceptance.

For Material Changes: We will request your explicit acceptance. If you do not accept the modified Terms within 30 days, you may:

  • Stop using our Services
  • Request account deletion

11.4 Version History

Previous versions of these Terms are available upon request for transparency and compliance purposes.

12. Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect.

We may replace any unenforceable provision with a valid provision that most closely approximates the intent of the original provision.

13. Contact Information

For questions about these Terms or to exercise your rights, contact us:

Company: Spirit of Traveling

Email: administrator@spiritoftraveling.com

Subject Line: "Terms of Service Inquiry"

Response Time: Within 5 business days

📞 Additional Contact Channels

  • Customer Support: Available through our contact form at /contact
  • Data Protection Issues: Spanish AEPD (www.aepd.es)

📜 Legal Compliance Acknowledgment

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

These Terms comply with:

  • Regulation (EU) 2016/679 (GDPR)
  • Organic Law 3/2018 (LOPDGDD - Spanish Data Protection Law)
  • Law 34/2002 (LSSI-CE - Spanish Information Society Services Law)
  • Spanish Civil Code (Código Civil)

Effective Date: December 2025

Last Updated: December 2025