Terms and Conditions

Article 1: General & Definitions

The Provider: Cabana Trips, contactable via info@cabanatrips.com.

The User: The natural person not acting in the exercise of a profession or business (consumer) who downloads and uses the App.

The App: The mobile application “Cabana Trips”, designed for planning holidays, generating itineraries, and finding travel services.

Agreement: The agreement between the Provider and the User for the use of the App, governed by these Terms and Conditions.

Article 2: License and Use

The Provider grants the User a limited, non-exclusive, non-transferable, and revocable license to use the App for personal, non-commercial purposes on any Apple-branded products that the User owns or controls.

The User is not permitted to decompile, reverse engineer, disassemble, or attempt to derive the source code of the App, nor to modify or create derivative works of the App.

Article 3: Data Storage and Availability (iCloud)

Personal Cloud Storage: The App utilizes the User's private Apple iCloud account (“CloudKit”) to store all holiday plans, events, and personal data. The Provider does not host, store, or have access to this User Content.

Responsibility: The User is solely responsible for managing their Apple ID and iCloud storage. The Provider is not liable for data loss caused by issues with Apple services, lack of iCloud storage space, or loss of access to the User's Apple account.

Article 4: Privacy

The Provider respects the User's privacy. The handling of personal data, including the use of analytics, advertising, and AI features, is described in detail in the Privacy Policy. By using the App, the User consents to the processing of data as set forth in the Privacy Policy.

Article 5: Fees and Payments

Downloading and using the App is subject to the fees (if any) displayed in the Apple App Store at the time of purchase.

All payments and subscriptions are processed and managed by Apple. The Provider does not process payment details. Apple's terms and conditions apply to all payments.

Article 6: Liability and Warranty

“As Is”: The App is provided on an “as is” and “as available” basis. The Provider makes no guarantees regarding the error-free or uninterrupted operation of the App.

Limitation of Liability: To the maximum extent permitted by applicable law, the Provider shall not be liable for any indirect, incidental, or consequential damages arising from the use of the App. This includes, but is not limited to: missed flights, double-booked accommodations, lost holiday data, financial losses due to incorrect pricing information, or disappointment regarding travel experiences.

Cap on Liability: In any event, the Provider's total liability shall not exceed the amount paid by the User for the App in the twelve (12) months preceding the claim.

Article 7: Affiliate Services & Bookings

The App acts solely as a search and planning tool. We are not a travel agency and do not sell tickets, hotels, or tours directly.

Third Party Contracts: When you click on a link to book a flight, hotel, tour, transfer, or eSIM, you are redirected to an external third-party partner (e.g., travel agencies, airlines, or booking platforms). Any booking you make is a contract strictly between you and that third party. The Provider is not a party to this contract.

No Responsibility for Performance: The Provider is not responsible for the execution of the booked services. Any issues regarding cancellations, refunds, double bookings, quality of the hotel, or flight delays must be resolved directly with the third-party provider.

Article 8: Data Accuracy & AI Disclaimer

Third Party Data: Flight status, weather forecasts, maps, and prices are provided by external services. This data may be delayed, incomplete, or inaccurate. The Provider is not liable for any consequences resulting from reliance on this data (e.g., arriving at the wrong gate or airport).

AI Suggestions (Gemini): The App uses Artificial Intelligence to generate trip itineraries and suggestions. The User acknowledges that AI is experimental and may produce “hallucinations” (incorrect facts). The Provider does not guarantee that AI-suggested locations, opening hours, or transport options exist or are accurate. The User must verify all AI suggestions before booking.

Article 9: User Conduct & AI Usage

Prohibited Prompts: The User agrees not to use the AI features to generate content that is illegal, harmful, threatening, abusive, defamatory, or promotes violence or discrimination. The Provider reserves the right to block Users who repeatedly violate this policy or abuse the AI API limits.

Ownership of AI Output: The trip itineraries and suggestions generated by the AI are for the User's personal use. The User acknowledges that AI-generated content may not be unique and the same itinerary might be generated for other users. The User cannot claim exclusive intellectual property rights over AI-generated content.

Article 10: Apple App Store Additional Terms

The User acknowledges and agrees to the following terms required by Apple:

• Parties: This Agreement is between the User and the Provider only, not Apple. Apple is not responsible for the App or its content.
• Maintenance: The Provider is solely responsible for maintenance and support. Apple has no obligation to furnish any maintenance and support services.
• Warranty: Apple's sole warranty obligation is to refund the purchase price (if any) upon notification of failure. Apple has no other warranty obligation whatsoever.
• Claims: Apple is not responsible for addressing any claims relating to the App, including product liability, legal compliance, or consumer protection claims.
• IP Rights: The Provider (not Apple) is responsible for the investigation and defense of any third-party IP infringement claims.
• Legal Compliance: The User represents they are (i) not located in a U.S. embargoed country or “terrorist supporting” country; and (ii) not on any U.S. Government list of prohibited or restricted parties.
• Third Party Beneficiary: Apple and its subsidiaries are third-party beneficiaries of this Agreement and have the right to enforce it against the User.

Article 11: Governing Law

These terms are governed by the laws of The Netherlands. Disputes shall be submitted to the competent court in the district where the Provider is established (Noord-Holland).