Terms of Service

Last updated: May 8, 2026

1. Acceptance of Terms

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 ("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 Policy, are incorporated herein by reference and form an integral part of these Terms.

2. Eligibility

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.

3. Account Registration & Security

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.

Identity verification with Stripe is required before a seller can accept an offer or hand over a booking. This verification process may include government-issued identification and biometric checks. Refusal to complete required identity verification may restrict those transaction steps.

To keep the marketplace safe, SpareHolidays uses AI-assisted analysis of your listings and booking documents to help detect fraud and prepare them for human review. This analysis is performed by our processor Anthropic (Claude) under a Data Processing Agreement, and your content is not used to train AI models. Our legal basis is our legitimate interest (GDPR Article 6(1)(f)) in preventing fraud and protecting the integrity and safety of our marketplace, and — where applicable — performance of our contract with you (Article 6(1)(b)) to provide a moderated, trusted service. This analysis supports our team but does not by itself make any decision with a significant effect on you: material decisions about your listings or account are reviewed by a human administrator (Article 22). Because it is part of operating the platform, this analysis is active by default. You have the right to object at any time (Article 21) by switching it off on your settings page at /dashboard/settings, after which your listings are only reviewed by a human moderator.

4. Marketplace Rules

SpareHolidays is a peer-to-peer marketplace for the sale and transfer of unused travel bookings in four categories: airline tickets and flight reservations, hotel reservations, travel packages, and travel vouchers and credits. 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 uses AI-assisted analysis to flag possible issues, and a human review process to screen listings for compliance. We reserve the right to remove any listing that violates these rules without prior notice to the seller.

7. Payment Handling & Fund Release

The buyer's card is charged in full at checkout. The payment goes into SpareHolidays' own Stripe account — Stripe is a third-party payment processor for us, not a neutral service holding money for both buyer and seller. The seller is paid out only after the buyer confirms the transfer, or the confirmation window closes without a dispute. If the transfer never happens, or the purchase is cancelled before that point, the buyer is refunded. This confirmation window — which is also when the buyer's right to file a dispute closes — is two (2) days after the buyer's trip ends, or seven (7) days from transfer confirmation for bookings with no travel date.

Here's how it works: (1) the buyer's card is charged in full at checkout; (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) once confirmed, SpareHolidays pays the seller, less applicable fees. If the buyer does not confirm or file a dispute within the applicable window, the payout to the seller may proceed automatically.

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.

8. Fees & Commission

SpareHolidays charges service fees to facilitate marketplace operations, customer support, and platform maintenance. Fees are displayed during checkout before a transaction is confirmed.

Effective 19 May 2026, buyers are charged a tiered service fee determined by 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. The tiered fee schedule (Schedule A) is set out below. Transactions initiated prior to 19 May 2026 remain governed by the prior flat ten percent (10%) buyer service fee. Where a buyer and seller agree a price different from the listed price (for example, through an accepted offer), the applicable fee percentage remains the one determined by the original listing price, and the fee is charged on the price actually paid.

Premium Protection is closed to new purchases. Historical transaction records retain their stored protection tier and fee. Support reviews any historical case using the transaction record and the policy records available for the purchase date. All fees are non-refundable except as expressly provided in our Refund Policy. SpareHolidays reserves the right to modify fee structures with at least thirty (30) days' prior notice to users.

Schedule A — Buyer Service Fee Schedule (effective 19 May 2026)

- Listing price up to and including €500: ten percent (10%) of the listing price. - Listing price greater than €500 up to and including €1,500: eight percent (8%) of the listing price. - Listing price greater than €1,500 up to and including €3,000: six percent (6%) of the listing price. - Listing price greater than €3,000: five percent (5%) of the listing price.

Where the listing currency is not EUR, the equivalent thresholds shall apply based on the nominal sale price.

9. Structured Transfer Process

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 analysis system reads submitted proof and flags any inconsistencies. 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 the buyer's payment refunded. 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.

10. Disputes & Resolution

SpareHolidays provides a structured dispute resolution process for buyers and sellers. For dated bookings, the dispute deadline is two (2) days after the buyer's trip ends. For bookings with no travel date, it is seven (7) days from transfer confirmation. 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.

11. Limitation of Liability

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.

12. Governing Law & Amendments

These Terms are governed by German law. Where mandatory consumer protection laws of your country of residence apply, those laws remain unaffected.

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.