Terms of Service

Welcome to IslandSpots. These Terms of Service ("Terms") govern your access to and use of the IslandSpots platform ("Platform"), which consists of the IslandSpots website (islandspots.io) and the IslandSpots mobile application ("App"), together the "Service".

The Service is provided by IslandSpots, operated by Robert-Jan Mastenbroek, an individual entrepreneur (autónomo) registered in Spain, NIF Z0703168V, with address at Calle Tasaigo 14, 38627 Arona, Santa Cruz de Tenerife, Spain ("IslandSpots", "we", "us", "our").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms, our Privacy Policy, and our Cancellation & Refund Policy, each of which is incorporated by reference. If you do not agree, please do not use the Service.

• "User" — any person who creates an account or uses the Service.
• "Host" (also "Organizer" or "Seller") — a User who creates a Listing (a Service or a Good) on the Platform.
• "Client" (also "Booker") — a User who books a Service through the Platform.
• "Buyer" — a User who buys a Good through the Platform.
• "Creator" (also "Affiliate") — a User who promotes another User's Listing by creating content about it on the Platform and may earn a commission when bookings or orders result.
• "Listing" — any post on the Platform that a Host offers as bookable (a Service) or purchasable (a Good).
• "Service" — a Listing for an activity, experience, rental, event, or other leisure service performed on a specific date or period.
• "Good" (also "Product") — a Listing for a physical item offered for sale by a Host, delivered by shipping or collected in person (pickup).
• "Booking" — a confirmed reservation of a Service by a Client through the Platform, for which the Client pays the price set by the Host.
• "Order" — a confirmed purchase of a Good by a Buyer through the Platform, for which the Buyer pays the price set by the Host.
• "Content" — any text, photo, video, audio, or other material that Users post or transmit through the Service.
• "Stripe" — our payment services provider, Stripe, Inc. and its affiliates, including Stripe Connect for Host payouts.

You must be at least 17 years old to use the Service. By using the Service you represent and warrant that you are at least 17 years old. If you are between 16 and 17 years old, you may only use the Service with the consent of a parent or legal guardian, who agrees to be bound by these Terms on your behalf.

You may only use the Service if you are legally able to enter into binding contracts. The Service is available worldwide, but some features (in particular bookings and payouts) are only available in the jurisdictions we support, which we may change from time to time.

To use most features of the Service you must create an account. You agree to provide accurate, current, and complete information during registration and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorized use of your account.

You may not create accounts by automated means or create multiple accounts to evade restrictions, sanctions, or termination. Each person may maintain only one account unless we agree otherwise in writing.

Hosts must additionally provide, and keep up to date, a telephone number (with country code) and a postal address in their profile. This information is required to offer bookable listings, and may be shared with Clients for booking fulfilment and with authorities where required by law. See our Privacy Policy for details.

You may delete your account at any time from within the App (Settings → Delete my account) or by contacting us. See Section 16 (Termination).

IslandSpots is an online platform (an "intermediary service" within the meaning of Regulation (EU) 2022/2065, the Digital Services Act) that connects Clients with independent Hosts offering activities, experiences, rentals, events, and other services, as well as physical goods, across the islands we cover.

The Platform offers two kinds of Listing. A Service is an activity, experience, rental, event, or other leisure service performed on a specific date or period. A Good is a physical item offered for sale by a Host and delivered to the Buyer by shipping or collected by the Buyer in person (pickup). For a Good, the sale is concluded directly between the Buyer and the Host (who acts as the seller), and the Host is responsible for the conformity of the Good with its description, for delivering it as agreed, and for complying with the consumer-protection law that applies to the sale. IslandSpots' role for Goods is that of an intermediary and, for payment, the seller's limited payment-collection agent, in the same way as for Services.

We do not operate, control, employ, or endorse any Host or Listing. All Listings are created, priced, and fulfilled by independent Hosts, who are solely responsible for the accuracy of their listings, the quality and safety of what they offer, and their legal and regulatory compliance (including licenses, permits, insurance, and taxes). Each booking is a contract concluded directly between the Client and the Host, with the exception of payment processing, for which we act as a limited payment collection agent for the Host, as described in Section 7.

Nothing in these Terms creates an employment, agency, joint venture, or partnership relationship between us and any User. We do not guarantee that any Listing is available, accurate, legal, or safe, and we do not guarantee the conduct of any Host or Client. To the maximum extent permitted by law, we are not a party to, and are not liable for, any dispute, loss, damage, or injury arising from or relating to the performance (or non-performance) of any Listing, including cancellations, no-shows, misrepresentation, or quality issues, except as expressly set out in these Terms.

We process payments on behalf of Hosts as their limited agent solely to collect and remit the amounts described in these Terms. Where we hold funds on behalf of Hosts, such funds are held in accordance with applicable law and our agreements with Stripe.

By offering a Listing on the Platform, each Host agrees that:

• Listing accuracy: All information in the Listing must be accurate, current, and complete, including the description, photos, price, availability, location, duration, inclusions, and exclusions. Photos must show what is actually offered. Hosts must not misrepresent their Listing, their credentials, or the nature of the experience.
• Traceability information: Hosts must provide and keep current the information required by Regulation (EU) 2022/2065 (Digital Services Act), Article 30 — including name, address, telephone number, email address, payment account details, and a self-certification that the services offered comply with applicable law. Where required by law, Hosts must also provide identification documents or registration numbers. IslandSpots makes best efforts to verify this information and may suspend Hosts who do not provide it.
• Legal compliance: Hosts must hold all licenses, permits, authorizations, and insurance required to lawfully provide their services in the relevant jurisdiction, and must comply with all applicable laws, including consumer protection, safety, tax, and data protection law. Hosts are responsible for declaring and paying their own taxes on earnings.
• Safety: Hosts must not offer any activity that is unlawful, dangerous, or unsafe, and must take reasonable measures to protect the safety of Clients and third parties.
• Fulfilment: Hosts must deliver the Listing as described, at the agreed date and time, and must not cancel bookings except in genuine circumstances beyond their reasonable control or as otherwise required by law.
• Communication: Hosts must respond to Clients and to us in a timely and professional manner.
• Non-discrimination: Hosts must treat all Clients equally and must not discriminate on any ground protected by law.
• No evasion: Hosts must not encourage Clients to pay outside the Platform or otherwise circumvent our payment system, and must not solicit off-platform payments.
• Photos and identity: Hosts are responsible for the accuracy of their profile information, including their public name, telephone number, and address.

Breach of these obligations may result in removal of the Listing, suspension or termination of the account, forfeiture or withholding of payouts, and liability to affected Users. We may, but are not obliged to, review Listings for compliance before or after publication.

How bookings work. A Client books a Listing by selecting a date (and, where applicable, party size) and completing payment through the App or the website. The price of a Listing is set by the Host. When a booking is confirmed, the Client and the Host enter into a direct contract for the Listing, and the Client's payment is processed by our payment services provider, Stripe.

What the Client pays. The Client pays the price set by the Host, which is all-inclusive: applicable indirect taxes (currently IGIC at 7% for bookings in the Canary Islands) are included in the displayed price, so the Client never sees a separate tax surcharge at checkout. All prices are in euros (EUR). Stripe's fees for processing the Client's payment are covered by IslandSpots and are never added to the Client's price or deducted from the Host's payout.

Taxes. Prices on the Platform are all-inclusive. Where the Host is a business (including a self-employed person / autónomo) and the service takes place in the Canary Islands, the price includes the applicable indirect tax (IGIC, currently 7%); that Host is responsible for declaring and remitting its own indirect taxes on its earnings. Where a Host is a private individual not engaged in an economic activity, the supply is not subject to indirect tax and the price includes no tax element. IslandSpots is an intermediary only: it does not collect, withhold or remit indirect taxes on the services provided by Hosts, and acts solely as the Host's limited payment-collection agent (Section 7, "Payment collection agency"). IslandSpots keeps records of facilitated supplies for the period required by law (Article 166 bis of Law 37/1992) and may collect tax identification information from Hosts to comply with reporting obligations (including DAC7, Directive (EU) 2021/514).

Platform and affiliate fees. IslandSpots charges Hosts a platform fee of 15% of the booking subtotal, and (where a Creator's promotion resulted in the booking) an affiliate commission of up to 10% of the booking subtotal. These fees are internal splits that are deducted from the Host's payout; they are never billed to the Client as a surcharge.

Payouts to Hosts. Host payouts are released after the booking is completed, typically within 7 days of the activity date, subject to the funds being available and to applicable law. To receive payouts, Hosts must complete Stripe Connect onboarding and provide valid payout details. Payouts may be withheld, reversed, or clawed back where required by law, where a refund or chargeback occurs, or where we reasonably suspect fraud or breach of these Terms.

Creator commissions. Creators earn a commission (default 10% of the booking subtotal) on bookings attributed to their promotion, paid to their Stripe Connect account after the booking is authorized, in accordance with Section 9.

Payment collection agency. We act as the Host's limited payment collection agent solely to accept the Client's payment and remit it to the Host (net of fees), as described in this Section. The Client's payment obligation to the Host is discharged upon payment to us as the Host's agent.

Refunds. Refunds are governed by our Cancellation & Refund Policy and are processed to the original payment method, typically within 5–10 business days of approval.

Currency and disputes. All transactions are processed in EUR. If your bank or card issuer charges conversion or foreign-transaction fees, those are your responsibility. Any payment dispute (chargeback, reversal) is subject to Stripe's terms and our dispute-assistance process (Section 14).

Purchases of physical goods. A Buyer buys a Good by selecting the quantity (where applicable) and completing payment through the App or the website. The price is set by the Host (the seller). When the purchase is confirmed, the Buyer and the seller enter into a direct contract for the Good, and the Buyer's payment is processed by Stripe, in the same way as a booking.

Delivery and pickup. Where a Good is offered with shipping, the Buyer must provide a delivery address before paying; where a Good is offered for pickup, the Buyer collects it at the agreed meeting point. The seller must make the Good available or dispatch it within the period stated in the Listing and, unless otherwise agreed, without undue delay and in any event within 30 days of the order. Risk of loss of or damage to a Good passes to the Buyer when the Buyer, or a person nominated by the Buyer other than the carrier, takes physical possession of it; where the seller arranges carriage and the Buyer did not choose the carrier, risk remains with the seller until the Buyer takes possession (Article 20 of Directive 2011/83/EU). If a Good is not delivered within the agreed period, the Buyer may ask the seller for delivery within an additional reasonable period and, if it still does not arrive, terminate the contract and be refunded.

Seller payouts for goods. Payouts to sellers for Orders are released after the Order is delivered, subject to the same conditions as Host payouts in this Section. Section 8 sets out the Buyer's withdrawal, return, and legal-guarantee rights for Goods.

Withdrawal right (Services). Because bookings are for activities and services on a specific date or period of performance, they are exempt from the 14-day right of withdrawal that would otherwise apply to distance contracts under Article 16(l) of Directive 2011/83/EU (Consumer Rights Directive). This exemption applies only to date-specific leisure Services, and not to any other Listing. This means that, once a booking is confirmed, you are bound by the cancellation rules below, which you accept when you complete a booking.

Withdrawal right (Goods). If you buy a Good from a seller acting in the course of a business (a trader), and you are a consumer, you have the right to withdraw from the sale within 14 days from the day on which you, or a person you nominated other than the carrier, take physical possession of the Good, without giving any reason (Article 9 of Directive 2011/83/EU). To exercise it, tell us or the seller within that period at support@islandspots.io, then return the Good within 14 days of telling us; you may bear the direct cost of returning it. We will reimburse the price you paid, including the standard delivery cost, within 14 days of being told of the withdrawal, and we may withhold the refund until we receive the Good back or you provide evidence that you have sent it. The right of withdrawal does not apply, among the cases listed in Article 16 of that Directive, to Goods made to your specification or clearly personalised, to sealed Goods that have been unsealed after delivery and are not suitable for return for health-protection or hygiene reasons, or to Goods liable to deteriorate or expire rapidly. Where the seller is a private individual not acting in the course of a business, the statutory withdrawal and conformity rights described in this Section may not apply; instead, the platform protection and dispute process below apply.

Legal guarantee of conformity (Goods). If you are a consumer and a Good does not conform to the contract (for example, it is not as described, is damaged, or is defective at delivery), the seller is liable under the legal guarantee of conformity for at least two years from delivery, in accordance with Directive (EU) 2019/771 and the mandatory consumer law of your country of residence. For goods sold in Spain this period is three years from delivery, reducible to a minimum of one year for second-hand goods, with a presumption that a lack of conformity appearing in the first two years existed at delivery. Your remedies are, in order: free repair or replacement; and if that is not possible or would be disproportionate, a proportionate price reduction or termination of the contract with a refund. This legal guarantee is separate from the right of withdrawal and cannot be excluded or limited.

Returns, defects, and disputes (Goods). For a Good, contact the seller first, then our support team (support@islandspots.io). A Buyer may report a Good that was not received, that is not as described, or that is damaged or defective within 14 days of delivery. While we review the report we may hold the seller's payout, and where the report is upheld we may refund the Buyer in full or in part from the held funds. This platform process is in addition to, and does not limit, the Buyer's mandatory rights against the seller described above.

For Service bookings, the following cancellation rules apply:

• Client-initiated cancellation: Bookings are non-refundable. If a Client cancels a booking for any reason, no refund is provided, except as required by mandatory law. This includes no-shows: if a Client does not attend the activity at the booked date and time, no refund is provided.
• Host/organizer-initiated cancellation or rescheduling: If a Host cancels a booking, or reschedules it and the Client does not accept the new date, the Client receives a full automatic refund of the amount paid (including any taxes). Hosts may not charge cancellation fees against guests.
• Host no-show: If a Host fails to provide the booked service at the agreed date and time (a Host no-show), the Client receives a full refund and we will provide reasonable support, which may include helping the Client find an alternative.
• Events beyond control: If a booking cannot take place due to an event beyond the Host's reasonable control (for example, extreme weather or official closure), the Host must inform us and the Client as soon as possible; the Client receives a full refund.
• Partial performance: Where a Listing is provided but materially different from its description, the Client should contact the Host first, then our support team (support@islandspots.io); refunds for materially deficient performance may be granted at our discretion after review, up to the full amount paid.
• Processing: Refunds are processed to the original payment method, typically within 5–10 business days of approval. Where a Host or Creator already received a payout for a refunded booking, the relevant amounts are recovered from future payouts or through reversal of the transfer, as applicable.

The full text of this policy is available at islandspots.io/refunds and is part of these Terms.

Any User may promote another User's bookable Listing by creating content about it (a "promotion"). When a Client books a Listing through a promotion, the Creator may earn an affiliate commission as set out in this Section.

• Commission: The commission is a percentage of the booking subtotal set by the Host for each Listing (default 10%). It is paid from the Host's payout, not as a surcharge on the Client's price.
• Attribution: A booking is attributed to a Creator when it is made through the promoted content. Attribution rules are determined by our systems and are final, subject to reasonable review.
• Payout: Creator commissions are paid to the Creator's Stripe Connect account after the booking is authorized. If the booking is subsequently cancelled or refunded, the commission is reversed or recovered as applicable.
• Independent status: Creators are independent and not employed by, or agents of, IslandSpots or any Host.
• Prohibited practices: Creators must not create fake or self-dealing bookings to inflate commissions, must not misrepresent the Listing they promote, and must not engage in fraud, deception, or any practice that circumvents these Terms. Creators may not promote their own Listings.
• Tax responsibility: Creators are solely responsible for declaring and paying taxes on their commissions.
• Suspension: We may suspend, withhold, or forfeit commissions and affiliate status for breach of this Section, fraud, or abuse, at our reasonable discretion.

The fees applicable to the Service are described in Section 7 and are summarized here for convenience:

• Clients pay the price set by the Host, which is all-inclusive of applicable indirect taxes (currently IGIC 7% in the Canary Islands), in EUR. There are no platform service fees for Clients.
• Buyers of physical Goods pay the price set by the seller, all-inclusive of applicable indirect taxes (currently IGIC 7% in the Canary Islands), in EUR. The same platform fee and affiliate commission described below are deducted from the seller's payout.
• Hosts pay a platform fee of 15% of the booking subtotal and, where applicable, an affiliate commission (default 10%), both deducted from the Host's payout. Payment-processing fees are covered by IslandSpots and are never deducted from the Host's payout.
• Creators receive commissions as described in Section 9.

Each party is responsible for its own taxes, and Hosts and Creators are responsible for declaring and paying taxes on their earnings in accordance with applicable law. IslandSpots remits the indirect tax applicable to its own 15% platform commission (currently IGIC 7% in the Canary Islands). Hosts are responsible for declaring and paying the taxes applicable to their payout (the 85% payout after the 15% platform commission and affiliate fees), and Creators for taxes on their commissions. Prices are all-inclusive: each party accounts for indirect taxes on its own share; where a Host is a private individual not engaged in an economic activity, no indirect tax applies to their services. For physical Goods, the price is all-inclusive of the applicable indirect tax (IGIC where the sale takes place in the Canary Islands), and the seller is responsible for declaring and paying the indirect tax on the sale. Where we are required by law to collect, withhold, or report taxes, we will do so, and we may request the information necessary to comply. We may adjust prices or fees upon notice where required by changes in law.

Your content. You retain all rights in the Content you post. By posting Content on the Service, you grant IslandSpots a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, display, perform, distribute, modify (for formatting and technical purposes), and promote that Content in connection with operating and improving the Service, and to allow other Users to view and interact with it as the Service provides. This license ends when you delete the Content or your account, except where copies are retained in backups or for legal or technical reasons for a reasonable period.

Our content. The IslandSpots name, logo, design, and all software, text, and materials we provide (excluding User Content) are owned by us or our licensors. You may not use them without our prior written consent, except as permitted by the Service.

Feedback. If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use them to improve the Service.

Third-party rights. You represent and warrant that your Content does not infringe the rights of any third party, and you are responsible for clearing any rights (including music and likeness rights) in your Content.

We respond to notices of alleged copyright infringement in accordance with applicable law, including the Digital Millennium Copyright Act (DMCA) for users in the United States and the applicable copyright laws of the EU and Spain.

If you believe in good faith that Content on the Service infringes your copyright, send a notice to dmca@islandspots.io (or legal@islandspots.io) containing: (1) identification of the copyrighted work; (2) identification of the allegedly infringing Content and where it is located; (3) your contact information; (4) a statement of your good-faith belief that the use is not authorized; and (5) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the rights holder or authorized to act on their behalf. We may remove or disable access to Content we reasonably believe is infringing, and we may terminate the accounts of repeat infringers.

If your Content was removed and you believe it was not infringing, you may send a counter-notice with the same contact details; we will consider it in accordance with applicable law.

For any other allegedly illegal content, use the in-app reporting tools or contact legal@islandspots.io; we review reports and act expeditiously where required by law, in accordance with Regulation (EU) 2022/2065.

You agree not to, and not to assist or encourage others to:

• Post Content or offer Listings that are illegal, fraudulent, deceptive, dangerous, or that violate the rights of others;
• Offer or solicit activities involving weapons, illegal substances, or any activity that is unlawful in the jurisdiction where it takes place;
• Harass, bully, threaten, defame, or discriminate against any person, or post hateful or violent content;
• Impersonate any person or entity, or misrepresent your identity, qualifications, or affiliation;
• Create fake bookings, reviews, or engagement, or manipulate attribution or commission systems;
• Solicit or facilitate payments outside the Platform for Listings found on the Platform;
• Spam, scrape, crawl, or harvest data from the Service without our prior written consent;
• Upload malware, phishing content, or attempt to breach, probe, or circumvent the security of the Service or any third-party system;
• Interfere with the operation of the Service, including through automated means, denial-of-service, or excessive load;
• Use the Service in violation of any applicable law or regulation.

We may remove Content, suspend accounts, withhold payouts, and take any other action we deem appropriate for breach of this Section, with or without prior notice, and without prejudice to our other rights.

We moderate Content on the Service using a combination of automated tools and human review, and we enforce these Terms consistently and in good faith. Users can report Content or conduct they believe violates these Terms or the law using the in-app reporting tools (Report: Spam / Harassment / Misinformation, or as otherwise offered), or by contacting us at support@islandspots.io.

When we receive a report of allegedly illegal content, we review it and, where required by law, remove or disable access to the content expeditiously and inform the affected parties. Where we remove or restrict Content because it violates these Terms or the law, we will inform the affected user of the decision and the reasons for it, and that user may contest the decision by contacting support@islandspots.io or by using any appeal mechanism we make available. We publish transparency information about our content moderation in accordance with applicable law.

We do not perform general monitoring of the Service, as provided by Article 8 of Regulation (EU) 2022/2065, and we do not assume any duty to monitor that we are not required to assume by law.

The Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free, and we may suspend or restrict the Service for maintenance or other reasons.

To the maximum extent permitted by mandatory law:

• We are not liable for the acts or omissions of Hosts, Clients, Creators, or other third parties, including any failure to provide a Listing, any cancellation, no-show, misrepresentation, or quality issue, or any personal injury or property damage arising from a Listing. The Host providing the Listing is solely responsible for it.
• Our total aggregate liability to you arising from or relating to these Terms or the Service is limited to the greater of (a) the total fees you paid to us in the 12 months preceding the claim, or (b) one hundred euros (€100).
• In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill.

Nothing in these Terms excludes or limits liability for (a) death or personal injury caused by our negligence, (b) fraud or fraudulent misrepresentation, or (c) any liability that cannot be excluded or limited under applicable law. If you are a consumer in the EU, you retain all mandatory rights granted to you by the consumer protection laws of your country of residence, which prevail over any conflicting provision of these Terms.

You may stop using the Service at any time and delete your account from within the App (Settings → Delete my account) or by contacting us. Account deletion removes your profile, Content, and personal data in accordance with our Privacy Policy, subject to legal retention requirements (for example, financial records).

We may suspend or terminate your access to the Service, remove Content, and/or withhold or reverse payouts, at our discretion, if you breach these Terms, if we suspect fraud or abuse, if required by law, or if continuing to provide the Service to you would create a risk to us or others. Where reasonably possible, we will notify you of the reasons and give you an opportunity to contest the decision.

Upon termination: your license to use the Service ends; Content you posted may remain visible if it was shared with or created by others (for example, comments or messages), and we may retain copies where required by law or backups; outstanding obligations (for example, Host payouts for completed bookings) are settled in accordance with these Terms and applicable law.

We may update these Terms from time to time to reflect changes in the Service, the law, or our business practices. Each version is numbered and dated at the top of this page.

Material changes will be communicated to you in advance — by email, by in-app notice, or by a notice on the Platform — and, where required, we will ask you to accept the updated Terms before you continue using the Service (for example, before making a booking). If you do not accept the updated Terms, you may stop using the Service and delete your account.

Non-material changes take effect upon publication. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms, except where your acceptance is required as described above.

These Terms are governed by the laws of Spain. Any dispute arising from or relating to these Terms or the Service that is not resolved amicably shall be subject to the exclusive jurisdiction of the courts of Santa Cruz de Tenerife, Spain, unless mandatory consumer-protection law of your country of residence provides otherwise. If you are a consumer, you may also bring proceedings in the courts of your country of residence where mandatory law so permits.

In accordance with Regulation (EU) No 524/2013, EU consumers may submit disputes to the European Commission's Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr (our email for this purpose: legal@islandspots.io). We do not currently participate in voluntary alternative dispute resolution schemes.

Questions about these Terms, or notices under these Terms, may be sent to:

• Email: legal@islandspots.io
• Support: support@islandspots.io
• Address: IslandSpots, Calle Tasaigo 14, 38627 Arona, Santa Cruz de Tenerife, Spain
• NIF: Z0703168V

We respond to inquiries within a reasonable time, normally within 5 business days. For the purposes of Regulation (EU) 2022/2065, this email address and address also serve as our point of contact for authorities and for recipients of the Service.