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Terms of Service

These terms apply to your use of the TripHar app. Last updated: INSERT DATE. How we handle your data is set out in the Privacy Policy.

1. Who we are

TripHar is operated by Manuel Harrer, Lilienweg 1, 4064 Oftering, Austria (legal notice). Below, “we” refers to this operator.

2. Account and minimum age

• You need an account to use TripHar. You must be at least 18 years old (see Privacy Policy, section 7).
• Your details, in particular your date of birth, must be correct. You can only change your date of birth through support. Anyone who lies about their age may be suspended.
• If, after a report or our own review, we have reasonable doubts that you are of age, we block the features that involve meeting strangers (Meetups, open meetups, “Nearby now”, visible check-ins, city presence, “Open to dating”) until you prove your age to us. Until then, your account is treated like that of someone under 18. We also withhold payouts for that time, including the money from your tours as a Local Guide; it does not lapse and is paid out as soon as the proof has been checked. STRIPE REQUIRES THE PAYOUT AFTER 90 DAYS AT THE LATEST; WHAT THEN HAPPENS TO WITHHELD MONEY IS NOT RESOLVED (MANUEL, STRIPE SUPPORT) We tell you the reason; we only look at the proof (a photo of your ID on which only your name and date of birth are visible) and delete it immediately afterwards. LAWYER: CHECK THE BLOCK WHEN AGE IS IN DOUBT WITHOUT A PRIOR REQUEST TO THE PERSON, AND A COPY OF AN ID AS PROOF (VOLUNTARINESS, § 20(2) OF THE GERMAN IDENTITY CARD ACT (PAUSWG))
• One account per person. Keep your login details secret. You are responsible for what happens through your account if you did it yourself or made it possible by handling your login details carelessly. If you notice that someone is using your account, let us know immediately (support@triphar.com).

3. What TripHar is and what it is not

• TripHar is a platform for sharing trips, reviewing places, planning trips and arranging to meet other travellers.
• The app is free. Additional features are available with TripHar+ (see 11).
• We are not a tour operator and not a travel agency. If you book with a partner (hotel, flight, activity, restaurant) via a TripHar button, the contract is concluded solely between you and that partner; the partner's terms apply.
• Trip events by creators are suggestions: everyone books for themselves with the respective provider. TripHar does not sell trips, does not accept money for the services of a trip event and is not the organiser. PROVISIONAL UNTIL THE LAWYER'S QUESTION ON PACKAGE TRAVEL (L4 A2, L2 A1/A2) — DEPENDING ON THE ANSWER, ALSO THE STANDARD INFORMATION FORM UNDER § 15 OF THE AUSTRIAN PACKAGE TRAVEL ACT (PRG)
• We provide TripHar as provided for in these terms and the description in the app, and supply the necessary updates. Short interruptions for maintenance or due to disruptions for which we are not responsible are possible. Your statutory warranty rights remain unaffected. When we may change features is set out in section 17.

4. Rules for everyone

The following is not allowed on TripHar:

• harassing, threatening or publicly humiliating others or inciting hatred against them;
• unlawful content, content glorifying violence, pornographic content or content endangering minors;
• pretending to be someone else, fake accounts or multiple accounts;
• bought, swapped or made-up reviews; reviews of your own business or that of a competitor;
• rewards from businesses for reviews: a business may not offer money, discounts, free services or other benefits for a review, and nobody may accept anything of the kind for a review;
• spam, advertising that is not labelled as such, chain letters;
• content for which you do not have the necessary rights (other people's photos, music, texts);
• reading out the app automatically (scraping), disrupting it or circumventing security measures;
• collecting other people's data or passing it on without their consent.

5. Your content

• What you share (trips, Trippys, photos, reviews, comments) remains yours.
• You grant us a non-exclusive, worldwide, royalty-free right to store and display this content within TripHar and to adapt it technically for that purpose (e.g. reduce its size), as far as your visibility settings allow. The right ends when you delete the content or your account — except for copies that others have already shared with you, and for statutory retention.
• You ensure that you hold the rights to your content and that any people shown in it have consented.

6. Reviews

Reviews should reflect genuine experiences. This is how we handle them:

• Who reviews: Any account can write reviews. However, only reviews from confirmed accounts (phone number confirmed by SMS) are counted: in the star average, in the price level, in “Locals' favorite” and “What to order?”, in summaries and for badges. The others still appear at the place. For each person, only their most recent review of a place counts. Each account can post at most 10 new reviews per day (Vienna time); our system automatically deletes any further ones. Points for your profile are only awarded to confirmed accounts and only with proof of visit — the same number, no matter how many stars you give.
• Proof of visit: The app sets “Was there” if, when you write the review or check in, your device — or the location where a photo you add to the review was taken — is no more than about 200 m from the place. This only applies to a recent visit: the check-in or the taking of the photo must be no more than 30 days before the review; you renew an older check-in on your next visit. Only confirmed accounts (phone number confirmed by SMS) can check in, and our server checks the transmitted position once more against the location of the place, with more leeway than the app (about 300 to 650 m depending on direction and latitude). “Verified booking” is only set by our server when a booking partner has confirmed a booking made via a TripHar link; if the booking is cancelled, we remove it. You cannot upload a receipt, such as an invoice: we could not check it. Older reviews with the former label “Receipt” count like reviews without proof.
• Your own business: Anyone who has claimed a business, wants to claim it (the application is still pending) or is registered in its team cannot review its places and can no longer edit their own older reviews there; deleting them is possible. Reviews by the business's account holder at these places do not count as long as the business has claimed the places or its application is pending. For team members, what they reviewed before joining the team still counts; what comes after that does not count. Not counting means: not in the star average, not for badges or summaries, and it earns no further points. Points for reviews that someone wrote as the owner at their own place are reversed, and we tell you the reason (see 10); points for reviews from before remain.
• What we do not check: whether location or photo data has been falsified, whether you ate or paid there, and whether you are connected to the business, as long as you are not registered in its team. Reviews without proof are allowed; they do not carry a proof badge.
• Star average: It is weighted — “Was there” counts three times, without proof once. A review with a booking via TripHar counts three times, like “Was there”, not more: you can only book via TripHar at places that can be booked through our booking partners, and we receive commission for such bookings.
• Checking and removal: An AI automatically pre-checks public texts; it only flags them. Our moderation team checks reported reviews and removes those that violate these terms — for example bought or made-up ones, or ones written by the business itself. Our system reports conspicuous clusters at a place (many reviews in a short time from new accounts or without proof of visit, a sudden jump in the average) to moderation on its own; it does not change or remove anything in doing so. Reported reviews continue to count until moderation has decided. We publish all others, including negative ones.
• Businesses can reply publicly, but cannot have reviews removed just because they do not like them.

7. Ranking, TripHar Score and leaderboards

This is how we decide which places appear where and in what order. For businesses, this is also the description of the main parameters under Art. 5 of Regulation (EU) 2019/1150.

• Search: places whose name matches what you type, sorted by name.
• Map, a city's lists and “Top rated”: places with the higher star average first (see 6). Filters, for example by cuisine or opening hours, only narrow down the results.
• tripHARRY chooses from the best-rated places. For place tips, he takes the 40 places in the city (or of the requested type) with the highest star average and sorts them by star average or, if you ask about proximity, by distance. For tables, he takes up to 150 best-rated restaurants in a city (plus up to 30 places that are also a restaurant), and in a radius search up to 200 best-rated places in the surrounding area. Places that are closed at the desired time or do not match your wishes (e.g. cuisine, price) are dropped. Places with known opening hours come first, after that the star average counts; with few reviews we pull it towards the middle (like two additional reviews with 3.5 stars), and “Locals' favorite” adds 0.3. If the value is the same, the nearer place comes first. Which ones he mentions is decided by the AI based on your question (e.g. cuisine, location, opening hours) and, if you have allowed it, on your preferences. If he finds nothing with us, he mentions places from OpenStreetMap and says that nobody has reviewed them with us.
• TripHar Score — level, rank in the city, badges and leaderboards of places. DRAFT — ONLY APPLIES ONCE THE TRIPHAR SCORE LAUNCHES
  • Main parameters, by weight: reviews with proof of visit (+10 to −8 depending on stars; half without proof; × 1.5 from foodies and locals), return visits (+4), meetups at the place (+5), planned and visited (+3), Trippys and posts (+3), check-ins (+2), photos in reviews with proof (+2), wishlist and recommendations (+1 each); deductions for confirmed false information from the venue (−10) and for confirmed fake reviews attributable to the venue (−20).
  • Why: what guests have demonstrably experienced weighs most; what merely shows interest weighs little. This way the TripHar Score measures experiences, not just volume.
  • Only confirmed accounts count, never the venue and its team, and each signal counts only a limited number of times per person. The last 12 months are counted (the last 3 months × 1.25); the points since the beginning remain visible.
  • Levels from 50 / 200 / 600 / 1,500 points, from “Hotspot” upwards with points from at least 10 / 25 / 50 different people; “Legend” after three consecutive years at least at “Top Spot”. Moving down only after 30 days below the threshold. A rank is only shown publicly for the top 10 of a city and only once there are 10 places with a level.
  • The full explanation with all signals, thresholds, badges and rules is on triphar.com/score and forms part of these terms.
• Tours by Local Guides: the tours with the most paid bookings via TripHar first; refunded bookings and bookings cancelled before payment do not count, a paid booking where the guest cancels at short notice (“I can't make it”) does count. We receive a booking fee for every booking (see 12.1); the number of bookings is therefore an indirect remuneration. Filters, for example by category or “bookable only”, only narrow down the results. Ads by guides appear separately from the results and do not change the order.
• What never influences the order: payments to us. Premium for businesses, commissions and ads change neither the star average nor the TripHar Score nor the order in search, map, lists or with tripHARRY. Only two things have an indirect effect: a review with a booking via our booking partners counts as proof of visit and counts three times in the star average, as much as “Was there” (see 6); in the TripHar Score a booking counts as much as a check-in. And for tours by Local Guides, the number of bookings on which we earn counts (see above).
• Ads (not available yet): they appear separately from the results, are clearly marked “Ad” with the name of whoever paid for them, and never appear in a TripHar Score leaderboard. We never show ads related to alcohol, for example for bars, wine bars, breweries or nightlife tours, to accounts that are under 18 according to their date of birth.
• The order is the same for everyone. It does not depend on your profile — except for “nearby” (your location), your filters and the preferences you allow tripHARRY to use.
• We never suggest hidden places (permanently closed, does not exist, duplicate) anywhere.
• If these main parameters change, we tell businesses at least 15 days in advance (see 12).

8. Meetups and meeting up

• Using Meetups is voluntary and only possible between confirmed accounts aged 18 and over. Confirmed means: the person has confirmed a real mobile number by SMS. This is not an ID or identity check; we cannot guarantee who someone really is. Where the app says “verified”, it means the same. The “Payment through TripHar” badge on tours by Local Guides likewise only means: the person has confirmed their phone number and linked an account with Stripe through which they receive payments. It is not a check of the person by us.
• You meet others at your own risk. We do not know the people personally and cannot answer for their behaviour. Meet in public places the first time and tell someone.
• Cancelling: Either of you can cancel an agreed meetup in the app up to the agreed time, with a short reason if you like. The other person is notified and sees your reason. A cancellation does not count towards your trust score. After that, the meetup can no longer be confirmed or rated. There is no entitlement to a meetup taking place. LAWYER: CHECK THE CANCELLATION OF MEETUPS (NO ENTITLEMENT TO THE MEETUP, REASON VISIBLE TO THE OTHER SIDE)
• The app's safety features, and what they do:
  • Live location: You share it in the app with people or a chat that you choose. The app only offers a link by SMS to a trusted contact if that service is running; otherwise you do not see the option.
  • “All OK?” only reminds you after the meetup to check in with your trusted contact. It does not alert anyone, not even if you do not respond.
• If something feels wrong: stop and report. In an emergency: the emergency number of the country you are in (112 in the EU). At the meetup, the app shows the number of the country in which the meeting point is located; if it does not know that, the number of the country your device is currently in. The numbers come from the European Commission, from the travel advice of the foreign ministries of the United Kingdom, Austria and Canada, and from authorities of the respective country (as of October 2026). If the app does not know the country or the country is missing from our list, it shows “Call emergency services”. On iPhone, Emergency SOS dials the local number itself.
• “Open to dating” is an indication, not a matchmaking service.

9. tripHARRY (AI)

• tripHARRY is an AI. He can make mistakes, and information may be out of date. Check important information (opening hours, prices, entry requirements, safety) yourself. tripHARRY is not legal, health or financial advice and does not book anything for you.
• No assurance on allergies, entry and health. Whether a dish is free of an allergen, whether you may enter a country, which vaccinations or documents you need: you must not rely on tripHARRY for this. Ask directly at the venue about allergies and intolerances, and ask the official bodies about entry, visas and health. The same applies to answers that the AI pre-check gives for enquiries to businesses based on their information: these are the business's statements, without guarantee. In an emergency: the emergency number of the country you are in (112 in the EU). tripHARRY only gives a number if we know the country and it is on our list (see 8). We only give tripHARRY checked numbers; he can still make mistakes.
• tripHARRY only works with your consent (see Privacy).
• How often you can use tripHARRY depends on your plan (Free: 20 chats and 2 deep research requests per month; TripHar+: 100 and 10). tripHARRY may be temporarily unavailable when overloaded. When we may change these quotas is set out in section 10.

10. Points, Credits, cashback, commissions

• Points show your status and your ranking. They have no monetary value and cannot be exchanged for money. Only confirmed accounts (phone number confirmed by SMS) collect points; private trips and followers-only trips earn no points.
• Credits are an in-app currency (100 Credits = €1). You can redeem them in the app (e.g. for TripHar+). Credits can never be converted into money or cashback and cannot be paid out. Credits are tied to your account: if you delete your account, unredeemed Credits lapse without compensation; before deletion we show you your balance. As long as your account exists, Credits do not expire over time. LAWYER TO CHECK THE WORDING (§ 879 OF THE AUSTRIAN CIVIL CODE (ABGB), § 6 OF THE AUSTRIAN CONSUMER PROTECTION ACT (KSchG), GERMAN LAW ON STANDARD TERMS AND CONDITIONS)
• Cashback is real money: a share of the commission we receive for a booking via a TripHar button (5% for Free, 10% for TripHar+, 30% for Verified Creator — in each case of our commission, not of the booking price). It only applies once the partner confirms the booking; if the booking is cancelled, it lapses. It becomes payable after the end of the service (such as check-out; if we do not know this, from the partner's notification) and a short period for cancellations. Payout by SEPA transfer or PayPal from €50 and from age 18; before the first payout we check your identity once. We do not pay anything out during a suspension (what a suspension covers is set out in 13.2). If you delete your account, you can have available cashback transferred by SEPA transfer to an account in your name without a minimum amount; the transfer is made as soon as the deletion is complete. TODAY NO PAYOUT IS POSSIBLE, NOT EVEN ON DELETION: WITHOUT AN ID CHECK THE SERVER PAYS NOTHING OUT, AND THE CHECK (STRIPE IDENTITY) IS NOT ACTIVE YET Cashback whose booking can still be cancelled, and cashback that has not been paid out, lapse with the account. As long as your account exists, cashback does not expire over time.
• Bonus for complete trips: If you book via a TripHar button for a trip on which you are the organiser or a member, you additionally receive 5% of our commission for this booking if the trip is complete for you: completed, public, confirmed on site (for fellow travellers, with their own check-in on the trip), with a cover photo and at least 3 photos, with at least one destination, at least one place linked, and you have checked in at all linked places; in addition, you have linked your own public Trippy to the trip and pinned your own story to the trip. Reviews do not count for this. The same conditions apply to the creator review (see 12.1). Events and templates receive no bonus. You receive the bonus as Credits; as a Verified Creator, as cashback. Like cashback, it is only credited once the booking can no longer be cancelled, even if the trip only becomes complete afterwards. Only if the booking is later cancelled or the partner withdraws its commission do we reverse the bonus; if you then set the trip to private or delete the Trippy or story, it remains. We do not reclaim Credits that you have already redeemed. LAWYER TO CHECK THE WORDING LAWYER (82–84, 22 OCTOBER 2026): NEW — DESTINATION, OWN TRIPPY AND OWN STORY ARE CONDITIONS OF THE BONUS (NOT PREVIOUSLY); APPLIES WITH IMMEDIATE EFFECT TO BONUSES NOT YET CREDITED, BONUSES ALREADY CREDITED REMAIN. DOES THE CHANGE HAVE TO BE ANNOUNCED? IS A TRIPPY OR A STORY FOR WHICH THE BONUS IS GRANTED CONSIDERATION FOR CONTENT THAT HAS TO BE LABELLED AS ADVERTISING (AS IN THE QUESTION ON 12.1)?
• Commission for trip events: Anyone who creates a trip event as a Verified Creator receives a share of our commission from the participants' bookings as cashback (8% of our commission). Participants see when booking that the person earns from it.
• Commission for shared trips does not exist at present. If we introduce it, we will announce it in the app beforehand and add it to these terms. ONLY INCLUDE THE RATES (10% FREE, 15% TRIPHAR+, 25% VERIFIED CREATOR) ONCE THE SERVER PAYS OUT (ShareAttributionPolicy.provisionLive)
• When we change rates and quotas: We only change cashback rates, commission shares, the payout threshold and the tripHARRY quotas for one of these reasons: our partners change their commissions, the costs of the AI provider rise significantly, or the law, an authority or a court requires it. We announce every change in the app at least 30 days in advance. It only applies to bookings and billing periods after that; what you have acquired until then remains. If, as a result, TripHar+ becomes more than slightly worse during an ongoing subscription, you can cancel free of charge within 30 days. REFUND OF THE REMAINDER: CLARIFY WITH APPLE DRAFT UNDER § 27 OF THE AUSTRIAN CONSUMER WARRANTY ACT (VGG) — LAWYER (L4 A5/A6)
• Anyone who obtains points, Credits or cashback by deception (fake bookings, multiple accounts) loses them; we can reverse them and tell you the reason and how you can object (see 13).

11. TripHar+ and purchases

• TripHar+ costs €6.99 per month or €59.99 per year (or 1,000 or 10,000 Credits respectively). If you buy it with money, purchase, payment, automatic renewal and cancellation are handled via your Apple ID; Apple's terms also apply. If you redeem TripHar+ with Credits, it runs until the date shown and ends automatically; no Apple subscription is created. CREDITS FOR TRIPHAR+: APPLE GUIDELINE 3.1.1, RAISE AT THE FIRST REVIEW (DECISION 6)
• What TripHar+ includes is shown in the app under “TripHar+” when you buy it. You conclude the purchase contract with Apple; withdrawal and refunds are governed by Apple's terms. The statutory warranty rules apply to TripHar+. WHO IS THE TRADER TOWARDS YOU (APPLE AS COMMISSION AGENT)? — LAWYER (L4 A6)
• You can cancel a subscription via Apple at any time with effect from the end of the paid period: iPhone Settings → your name → “Subscriptions”, or in the app under “Manage subscription”. Deleting your TripHar account does not automatically cancel a subscription.
• Refunds are handled by Apple (reportaproblem.apple.com).

11.1 Orders of postcards and photo books

PREPARED — ONLY APPLIES ONCE POSTCARDS OR PHOTO BOOKS CAN BE ORDERED IN THE APP (CURRENTLY NOT AVAILABLE); WORDING BY LAWYER (L4 A13, L2 A11)

• You buy postcards and photo books from us: the seller is TripHar (see 1). They are printed and shipped by our printing partner ENTER PRINTING PARTNER (POKAmax / Prodigi / Stannp), who acts on our behalf.
• The price that the app shows before you order includes VAT and shipping. The delivery time is also shown there ENTER DELIVERY TIME PER PRODUCT AND COUNTRY.
• Payment is made in the app by card or Apple Pay via Stripe. The contract is concluded when you tap “Order with obligation to pay”.
• No right of withdrawal: Postcards and photo books are made to your specifications (your own photos and texts). You therefore cannot withdraw from the order (§ 18(1) no. 3 of the Austrian Distance and Off-Premises Contracts Act (FAGG)).
• If something is damaged, misprinted or does not arrive, the statutory warranty rules apply. Write to us at support@triphar.com.

12. Businesses, guides and creators

DRAFT UNDER THE P2B REGULATION (EU) 2019/1150 — LAWYER TO CHECK This section additionally applies to everyone who uses TripHar for their business: owners of businesses such as restaurants, hotels, bars, shops, museums and other places together with their team (“businesses”), Local Guides and Verified Creators, insofar as they offer goods or services to guests. Where it deviates from the other sections, it takes precedence.

12.1 What you get and what it costs

• Businesses: After our review, you claim your place. You then maintain information and photos, reply to reviews and enquiries, see your figures in the overview and send guests who follow your place up to 4 messages per month. Guests see your business name and the owner seal. At launch all of this is free of charge; later, Premium costs €39.99 per month ENTER WHAT PREMIUM THEN INCLUDES, PAYMENT METHOD, TERM. Ads will come later and are booked separately.
• Local Guides: The guest concludes the contract for a tour directly with you. We act as intermediary and process the payment via Stripe. Our booking fee: 10% of the tour price for your first 20 bookings, 20% thereafter; we bear Stripe's fee, except in the two cases below. Payout: Your share (tour price minus our fee) goes to your Stripe account upon payment and stays there until the tour is over; it is paid out no earlier than one day after the end of the tour and no later than 80 days after payment, even if the tour takes place later. Until then the money is held by Stripe in your account, not by us. We bear Stripe's fees for the payout. Payouts are only made with a confirmed age of 18 or over: if your birthday is missing in the app, we withhold the payout and let you know; once you enter it, we pay out with the next run, and nothing lapses until then. LAWYER (Q1, QUESTION 65): CHECK WITHHOLDING THE PAYOUT WITHOUT A CONFIRMED AGE TOWARDS THE GUIDE; STRIPE 90-DAY LIMIT UNRESOLVED AS ABOVE If you delete your account, we pay out at that point what is due and already available at Stripe; what only becomes available afterwards follows in the next few days. If you still have paid tours ahead of you when you delete your account, we cancel them as if you had cancelled them: each guest gets the full amount back, and you bear Stripe's fee for these payments as with any cancellation (at most up to the amount of our booking fee per booking). We deduct it from the money we still pay out to you; if that is not enough, we bear the rest. Before deletion, the app shows you how many tours that is and roughly how high the fee is. Open requests and confirmed bookings that have not yet been paid are also cancelled at that point; your guests receive a notification, even if they have switched off booking notifications. LAWYER: CHECK THE CANCELLATION OF ALL FUTURE TOURS ON ACCOUNT DELETION AND THE SET-OFF OF THE STRIPE FEE AGAINST THE GUIDE'S PAYOUT CLAIM (§ 1438 ABGB, § 879 ABGB) If we refund something after the payout (for example after a cancellation or via support), Stripe takes the amount back from your Stripe account. Cancellation: Guest and guide cancel in the app, before and after payment. Before payment it costs nothing, because nothing has been paid. Up to 24 hours before the start, the guest can cancel a paid tour free of charge and gets the full amount back; we bear Stripe's fee, and you get nothing for this tour. From the third such cancellation within 30 days, the guest bears Stripe's fee for the payment: they get the amount back minus this fee; the app shows them the amount before they cancel. If the guest cancels later, says “I can't make it” in the app or does not turn up, there is no refund, and you get your share as for a tour that took place; if they cancel, you receive a notification and the spot becomes free again. If you as the guide cancel, the guest always gets the full amount back and you get nothing; you then bear Stripe's fee for the payment, at most up to the amount of our booking fee for this booking. We deduct it from your next credit balance; if there is none, Stripe debits it from your bank account. LAWYER: CHECK DEBITING THE STRIPE FEE FROM THE GUIDE'S BANK ACCOUNT IF NO CREDIT BALANCE FOLLOWS (STRIPE ITSELF DEBITS A NEGATIVE BALANCE ON THE STRIPE ACCOUNT, “DEBIT NEGATIVE BALANCES”), AND THE SET-OFF AGAINST THE NEXT CREDIT BALANCE (§ 1438 ABGB, § 879 ABGB) You can cancel in the app up to the start of the tour, with a short reason that the guest sees. After that, a refund is only possible via support@triphar.com. The money goes back via Stripe to the payment method the guest paid with and usually arrives within a few days. For the 24 hours, what counts is when the cancellation reaches us, even if we have to process the refund manually afterwards. A payment that only arrives after a cancellation, or arrives twice, goes back to the guest automatically. If a guest deletes their account, we cancel their paid tours that start more than 24 hours later free of charge (full amount back, we bear Stripe's fee, it does not count as a cancellation for the rule from the third one onwards); you receive the usual notification. If the tour starts earlier, it is treated like “I can't make it”: you receive a notification, the spot becomes free again, and you get your share. Open requests and confirmed, not yet paid bookings of this guest are cancelled with the deletion; you receive a notification, the spot becomes free again. LAWYER (Q1, NO. 63): CHECK THE CANCELLATION OF OPEN REQUESTS AND UNPAID BOOKINGS WHEN THE GUEST DELETES THEIR ACCOUNT LAWYER: DOES “NO MONEY BACK UNDER 24 HOURS AND FOR NO-SHOWS” HOLD UP AGAINST CONSUMERS (§ 6 KSCHG, § 879 ABGB), AND MUST THE RULE BE AGREED SEPARATELY AS PART OF THE CONTRACT BETWEEN GUEST AND GUIDE? STRIPE IS NOT LIVE YET. LAWYER, RECHTS_CHECK QUESTION 53: FEE WHEN THE GUIDE CANCELS, FEE FROM THE 3RD CANCELLATION, PAYOUT ONLY AFTER THE TOUR (§ 879 ABGB, AUSTRIAN PAYMENT SERVICES ACT (ZADIG))
• Founding partner: LAWYER TO CHECK (PERMANENT VS. TERMINATION UNDER P2B ART. 4, RESERVATION OF CHANGES, P2B ART. 7, CHANGE OF OWNER) If you submitted your request to claim a place before the app launched on the App Store (cut-off date: ENTER LAUNCH DATE, as stated in the app and on triphar.com) and we approve it, even if the approval comes after the launch, Premium stays free of charge for your business permanently. This also applies to places (branches) you add to this business later. If, as a Local Guide, you created a tour before the launch and we approve it, even if the approval comes after the launch, our booking fee for you is permanently no more than 10% of the tour price, for all bookings, including tours you create later; everything else (Stripe’s fee, cancellation, payout) remains unchanged. “Permanently” means: for as long as your business profile or your account exists on TripHar and you comply with these terms. The benefit belongs to your business profile or account, is not transferable, and ends when it is deleted or when we terminate the agreement under 12.2. Premium covers whatever businesses that pay for it receive; ads are not included and are booked separately.
• Guides’ permits: You are responsible for holding all permits, licences, registrations and insurance your tours need where they take place (for example, in Austria the licence as a tourist guide, in Portugal registration in the RNAAT plus liability and accident insurance), and you confirm this when you offer a tour; we do not check it. If you add a registration number, we show it to guests as information you provided. If a required permit is missing, we may suspend your tours (see 12.2). LAWYER (RECHTS_CHECK NO. 32): IS SELF-DECLARATION ENOUGH?
• Verified Creator: Cashback (30%) and organiser commission (8%) as in 10, paid out like cashback. From the launch of TripHar on the App Store, the status is available on application in the app, from age 18 and only with a confirmed age (your birthday in the app); a person reviews every application. If the confirmed age is missing, your application remains open until you add it. If we reject it, you can reapply after 3 months; the date is stated in the statement of reasons. The status (with Diamond badge), TripHar+ included and 30% cashback apply for a period: 12 months from approval, then 3 months at a time for as long as you are active (below). If you have held the status before, a period of 3 months applies first after a new approval. If your status ended no more than 12 months ago, you do not need the reach (bookings brokered, followers) for a new application; our team then decides based on your activity. LAWYER (R1, 22 OCTOBER 2026): SIMPLIFIED REAPPLICATION AND SHORTER FIRST PERIOD — VIABLE AS CONTRACT WORDING IN THIS FORM? If the benefits are on hold (for example without a confirmed age), your own tier applies (5%, or 10% with TripHar+). You can only put together a booking package for an event while the benefits apply; one that has already been put together remains. CREATOR AGREEMENT MISSING; DRAFT BY CLAUDE, THEN LAWYER
• Original Creator: You become an Original Creator if you are on board before TripHar launches on the App Store and test the app with us via TestFlight; we invite you personally, from age 18 and only with a confirmed age. After the launch we no longer award the badge. As an Original Creator you receive the “Original Creator” badge, which remains even if you are no longer active, and the Verified Creator status without an application, with everything stated above for Verified Creators (Diamond badge, 30% cashback, organiser commission, TripHar+ included, booking packages for events). The benefits apply for a confirmed period of 12 months from the launch of TripHar on the App Store; until the launch they run without an end date. After that we extend them by 3 months at a time for as long as you are active (below). If the status ends, you keep the badge; you then reapply for status and benefits like any Verified Creator, without a waiting period, and we may waive missing requirements of the application for you. We pay out money to you like to any Verified Creator, i.e. only once the requirements in 10 are met. No Apple subscription is created; there is nothing to cancel. We only withdraw the badge and status if you violate these terms, and we tell you the reason; if you already held Verified Creator status through an application before, you keep it (see 12.3). LABEL REVIEWS BY PEOPLE WITH A FREE BENEFIT (AUSTRIAN UNFAIR COMPETITION ACT (UWG), ANNEX NO. 23C, § 5A(6))? LAWYER LAWYER (RECHTS_CHECK QUESTION 52): VERIFIED CREATOR STATUS WITHOUT AN APPLICATION AND WITHOUT AN ACCEPTED CREATOR AGREEMENT (WHICH ONLY EXISTS IN THE APPLICATION); WHAT HAS TO BE MADE UP FOR BEFORE THE FIRST PAYOUT
• For Original and Verified Creators: Active means: at least 3 complete trips in the 3 months before expiry or at least 6 in the 6 months before. A trip you created is complete if it is public and completed, confirmed on site, with a cover photo and at least 3 photos, with at least one destination, with at least one linked place, checked in at all linked places, with your own public Trippy and your own story on the trip; reviews do not count for this. These are the same conditions as for the bonus for complete trips (see 10). LAWYER (82–84, 22 OCTOBER 2026): NEW — DESTINATION AND OWN STORY, ONE LIST SHARED WITH THE BONUS; APPLIES WITH IMMEDIATE EFFECT, ALSO TO CURRENT PERIODS (THERE ARE NO CREATORS YET). IS THAT ENOUGH FOR P2B ART. 3(2)? You can see in the app which of your trips are already complete and what the others are missing (Settings → Creator status). LAWYER (R1, 22 OCTOBER 2026): NEW DEFINITION OF “COMPLETE” (WITH TRIPPY) AND BALANCING OVER 6 MONTHS; DOES IT ALSO APPLY TO PERIODS ALREADY RUNNING (CHANGE OF TERMS, P2B ART. 3(2): ANNOUNCE 15 DAYS IN ADVANCE)? If you are active, we extend automatically by 3 months; otherwise a person from our team decides, and status and benefits continue until that decision. For this, our team sees an overview of your activity (trips, Trippys, stories, shared trips, events, places added and accepted suggestions, each in the period and in the period before); you see the same figures in the app. Two weeks before expiry we let you know if you are still missing trips. If our team asks you a question, the deadline for the decision is extended once by 14 days; you can reply to creator@triphar.com. We can only extend and reactivate with a confirmed age of 18 or over; if it is missing, the benefits do not run beyond expiry, and we let you know beforehand; the status remains until our decision. If we do not extend, Verified Creator status ends no earlier than 30 days after our statement of reasons, never before expiry; until then your benefits continue, and you can reapply for the status at any time without a waiting period (see 12.3). We pay out what you have earned until then; sharing commissions keep the tier at which they arose, and events you created before keep the organiser commission until they end. LAWYER (RECHTS_CHECK QUESTIONS 52 AND 59): END OF STATUS AFTER INACTIVITY WITH 30 DAYS' NOTICE AND A STATEMENT OF REASONS — IS THAT ENOUGH FOR P2B ART. 4(1) (TERMINATION) OR ART. 4(2) (RESTRICTION)? IS THE AUTOMATIC EXTENSION CONSIDERATION FOR CONTENT THAT HAS TO BE LABELLED (UWG, § 5A(6))?

12.2 When we restrict, suspend or terminate

We may remove individual content, suspend features (replies, messages to guests, ads), put TripHar Score points on hold or deduct them, hide a place, revoke a claim or terminate a business profile if:

• information in the application is false, or the place does not belong to you or you are not authorised to represent it;
• you violate these terms, in particular with bought, commissioned or your own reviews, rewards for reviews, pressure on guests because of their review, or spam;
• 5 confirmed people report a message to guests — sending is then automatically paused for 30 days;
• an unusually large number of reviews or check-ins come in at once — the TripHar Score points from them are then automatically put on hold until review APPLIES WITH THE TRIPHAR SCORE;
• the place is permanently closed, does not exist in this form or is listed twice;
• content is unlawful, an authority orders it, or guests, the app or other businesses have to be protected from fraud, danger or abuse;
• the account holder's account has been deleted or suspended.

Only the two cases marked “automatically” happen automatically. Everything else is decided by a person after review.

12.3 Statement of reasons, deadlines, appeal

• If we restrict or suspend, you receive a statement of reasons at the latest when the measure takes effect: in the app as a notification that cannot be switched off, and by email to your business's contact address EMAIL WAITS FOR DEPLOY_MAIL — UNTIL THEN ONLY IN THE APP. It states what we are doing, which facts led to it (including the content of a report, as far as we are allowed to disclose it), which ground from 12.2 applies and how you can object. If we reject a claim, a guide offer or a creator application, we always tell you the reason. We keep the statement of reasons for 3 years.
• If we do not extend Verified Creator status (12.1), we tell you with a statement of reasons as above, at least 30 days before it ends: with the reason, the day on which it ends and how you can object. Until then your creator benefits continue; if we uphold your appeal, we extend. The “Original Creator” badge remains, and you can reapply at any time without a waiting period. This also applies if your status did not yet have an end date. LAWYER (RECHTS_CHECK QUESTION 52): END AFTER INACTIVITY AS TERMINATION OF THE COOPERATION (P2B ART. 4(1)) WITH 30 DAYS' NOTICE — IS THAT CORRECT?
• If we withdraw the “Original Creator” badge (12.1), Verified Creator status also ends if you only had it through the badge; if you already had it before through an application, it remains, with the period of your creator benefits from before. What you have already earned remains yours. You receive a statement of reasons as above. LAWYER (RECHTS_CHECK QUESTION 52): IF THE STATUS ENDS IN THIS WAY, IS THAT A TERMINATION OF THE COOPERATION? THEN 30 DAYS IN ADVANCE, IMMEDIATELY ONLY FOR GOOD CAUSE OR REPEATED VIOLATIONS (P2B ART. 4(2) AND (4))
• If we end the cooperation entirely, we tell you so with a statement of reasons at least 30 days in advance by email. Without this notice period only if a law or an authority obliges us to, there is good cause, or you have repeatedly violated these terms; in that case immediately, with a statement of reasons.
• Appeal: by email to partner@triphar.com or support@triphar.com. A person reviews the decision again together with what you send us. We reply to you individually ENTER DEADLINE, E.G. 14 DAYS. If we lift a measure, we restore everything, including your access to your data.
• As a small enterprise, we are not required to operate our own internal complaint-handling system or to name mediators (Art. 11(5) and Art. 12(7) of Regulation (EU) 2019/1150). We nevertheless accept your complaints as described above; the route to the courts remains open to you.

12.4 Ranking, TripHar Score and payment

How the order comes about is set out in 7 and on triphar.com/score. Premium and ads bring reach, but never points, a level or a better position. You cannot influence the star average or the TripHar Score in exchange for money.

12.5 Where else we show your offers

• We show your place, your information, photos and the reviews not only on the place page, but also on the map, in search, lists and leaderboards, with tripHARRY, in notifications to guests (e.g. a food tip in the city of their trip, only if they have said yes), in shared links including their preview, and on triphar.com. SOCIAL MEDIA / OUR OWN MARKETING WITH BUSINESSES' CONTENT? DECIDE
• “Reserve a table” leads, depending on the country, to our reservation partners (currently TheFork, Quandoo or OpenTable); hotels and activities lead to booking partners. We receive commission for bookings there. Whether your business can be booked with these partners is something you agree with them; we are not their agent.

12.6 Rights to your content

• What you upload (photos, logo, menu, texts) remains yours. You grant us the same right for it as in 5, including for the channels in 12.5. It ends when you delete the content or the business profile ends — except for copies that guests have already shared, and statutory retention.
• You ensure that you hold the rights, including those of the photographers.
• Reviews, photos and posts by guests belong to the guests, not to the business. Information from OpenStreetMap is subject to its licence (ODbL).

12.7 No preferential treatment, no ancillary goods, no exclusivity

• We do not offer guests any venues, tours or accommodation of our own and do not control any businesses that do. Nobody is therefore given preferential treatment.
• The only difference in treatment depends on timing: anyone who joined before the launch on the App Store keeps the benefit from 12.1 as a founding partner (Premium permanently free of charge or a booking fee of no more than 10%). It has no effect on ranking or visibility.
• We do not offer guests any additional goods or services with your offer (e.g. insurance). If that changes, it will be stated here, together with the conditions under which you may offer your own.
• You may offer your offers anywhere and on other terms. We have no best-price or exclusivity clauses.

12.8 Which data you see and which you do not

• You see: your own information and content; public reviews and posts about your places, like everyone else; enquiries from guests to you, with their name and text; how many guests one of your messages reached; in “Last 30 days”, how often your place page was opened and how often website, phone, route, “Reserve a table” or menu were tapped — anonymously, only up to yesterday, only from 5 and, for taps, in steps of five. With the TripHar Score, also your level, points, your rank, what is missing for the next level and which signals bring the most, without any individuals. TRIPHAR SCORE: DRAFT
• You do not see: who viewed, saved, followed or checked in at your place; private information of guests (home town, date of birth, preferences); who contributed which TripHar Score points; figures of other businesses beyond what is public.
• What we have: the data we need for operating TripHar (see Privacy Policy), including your contact and proof data from the application (not public).
• What third parties receive: only what is necessary for operating TripHar — Google (Firebase) for storage and servers, Apple and Google for push notifications, Anthropic (our AI provider) for tripHARRY when he suggests your places to a person (name, location, star average, information such as description, opening hours, cuisine, features and prices, address, phone, website), for the AI pre-check of enquiries (the guest's enquiry together with your information such as description, opening hours, keywords and frequently asked questions; only if the guest has consented to the AI) and for translations and the “What travelers say” summary (the public reviews of your places), Stripe for guide payments, booking partners only a random click ID. We do not pass on your data for advertising purposes.
• After the end: If your business profile ends, we delete it together with contact and proof data; we remove your own information at the place (free texts, menu, prices), while opening hours, cuisine and features remain as information about the place. Reviews by guests remain. You then no longer have access to the overview. YOUR OWN REPLIES TO REVIEWS AFTER THE END: KEEP OR REMOVE? DECIDE

12.9 How you terminate

You can stop at any time: the account holder by email to partner@triphar.com (“Give up business”) or by deleting their account; team members leave in the app. Ongoing Premium ends at the end of the paid period. “GIVE UP BUSINESS” IS STILL MISSING IN THE APP

12.10 Changes for businesses

If we change this section or the main parameters from 7, we send you the change at least 15 days in advance by email to the contact address; if you need longer to adapt, you get more time. You can terminate until then; the termination then takes effect within 15 days. We do not change anything retroactively, except in your favour or because a law requires it. We only make changes without notice if a law or an authority requires it immediately or if we have to fend off an acute danger (fraud, malware, spam, data leaks).

13. Reporting, moderation, suspensions

13.1 Reporting

• Anyone can report profiles, content and messages in the app — even without having met beforehand. Whoever reported receives feedback once a decision has been made.
• Without an account, you report unlawful content by email to support@triphar.com, please with the exact link, an explanation of why the content is unlawful, your name, your email address and confirmation that your information is correct to the best of your knowledge. We confirm receipt and tell you later how we decided.

13.2 What happens automatically and what a person decides

Only the following happens automatically, through our system:

• If our team has confirmed two reports from real meetups (once per reporting person), our system automatically suspends the account for 7 days.
• After three such reports, it remains provisionally suspended until our team has reviewed it, for no longer than 7 days. If our team does not decide by then, the suspension ends automatically and you receive a notification. Our team can still review the reports afterwards and suspend your account permanently; you then receive a new statement of reasons and can appeal.
• If your trust score is below 4.0 stars after at least 3 rated meetups, you cannot request new meetups or create or join open meetups until it reaches 4.0 again. In the trust score, only the most recent rating of each person who has rated you counts. Agreed meetups and other people's requests to you continue. We tell you so, with a statement of reasons, as soon as this happens.
• Anyone marked as spam by businesses three times cannot message businesses for 30 days. From the fifth marking, we propose to moderation a permanent block on enquiries to businesses; permanent only after review by a person.
• Enquiries to businesses are pre-checked by an AI if you have consented to the AI. If it clearly considers an enquiry to be spam or off-topic, we show you a warning with the reason; you can still send it, and our team then sees the enquiry. This does not count as a spam marking.
• Each account can post at most 10 new reviews per day (Vienna time); our system deletes any further ones, and you receive a notification (see 6).
• If a conspicuously large number of reviews from new accounts or without proof of visit come in at a place within a short time, or if the star average jumps, our system reports this to moderation. It does not change or remove anything in doing so; a person decides.
• Public texts (reviews, Trippy texts, comments, posts, story texts, events) are pre-checked by an AI. It does not remove anything; if it finds something, the content goes to our moderation team. A review flagged in this way does not count for the Foodie badge or for a venue's dish tips.
• For businesses, additionally the two cases in 12.2 (messages to guests are paused after 5 reports; with the TripHar Score, points from outliers are put on hold until review).

Everything else is decided by a person after review, for example: removing content (for Trippys and reviews we deduct the points for them again), hiding places (closed, does not exist, duplicate), rejecting or revoking a claim, rejecting a guide offer or a creator application, permanently suspending or terminating accounts, permanently suspending several accounts of the same person together and deducting all their points, reversing Credits or cashback. A permanent suspension is always imposed by a person. Reviews from a permanently suspended account remain visible but no longer count, neither in the star average nor for badges or summaries. In the case of a temporary or provisional suspension, they continue to count.

What a suspension covers: Meetups, open meetups, your presence in the city, writing or editing reviews, guide bookings and payouts are blocked. People who follow you with the bell receive no notification about your new content during this time. Everything else continues.

• In the case of serious violations, we can remove content and suspend accounts immediately. If there is a danger to life or safety, we inform the authorities.
• We keep a copy of removed content as evidence for 10 weeks, accessible only to us (see Privacy Policy).

13.3 Statement of reasons, appeal, court

• For every removal, suspension, restriction or reversal we tell you: what we did and how long it applies, why (which facts, whether after a report or our own review), whether it happened automatically, under which rule of these terms or which law, and how you can appeal. We keep the statement of reasons for 3 years; it is also included in your copy of your data.
• Appeal: in the app's suspension notice via “File an appeal” or by email to support@triphar.com. A person reviews the decision again. We tell you how they decided, with a statement of reasons.
• You can also turn to an ordinary court at any time.

13.4 Terrorist content

Terrorist content is prohibited (Regulation (EU) 2021/784). If an authority orders its removal, we block the content within one hour, keep it with the associated data for six months for legal remedies and inform the person who posted it, unless the authority prohibits this. CODE: THE EVIDENCE COPY IS KEPT FOR 10 WEEKS — 6 MONTHS TODAY ONLY BY MANUAL EXPORT (INCIDENT RUNBOOK) Public texts are additionally pre-checked by an AI (see 13.2); we check videos and images upon report.

14. Point of contact

Single point of contact for users (Art. 12 of the Digital Services Act), also for reports of unlawful content without an account (Art. 16): support@triphar.com.

Single point of contact for authorities (Art. 11 of the Digital Services Act, Art. 15 of Regulation (EU) 2021/784 on terrorist content online, Regulation (EU) 2023/1543 on electronic evidence): dsa@triphar.com. Languages: German and English.

15. Liability

• We are liable without limitation for intent and gross negligence as well as for injury to life, body and health.
• In the case of slight negligence, we are only liable for the breach of essential obligations and limited to the typically foreseeable damage. CHECK WORDING UNDER THE KSchG
• For content of other users, for partner offers and for the behaviour of people at meetups, the respective persons or providers are responsible.
• Weather: Weather and forecasts in tripHARRY and in notifications come from Apple Weather or from Open-Meteo. Weather data may be inaccurate and may differ from actual conditions; you use it at your own risk. In severe weather, the warnings of the local authorities apply. English wording required by Apple: “YOUR USE OF THIS REAL TIME WEATHER GUIDANCE APPLICATION OR WEBSITE IS AT YOUR SOLE RISK. WEATHER DATA MAY NOT BE ACCURATE.” MANDATORY NOTICE ACCORDING TO APPLE (DPLA ATTACHMENT 8 NO. 2.2): DOES IT APPLY TO US (“REAL TIME WEATHER GUIDANCE”)? IS A GERMAN VERSION ENOUGH? IS “AT YOUR OWN RISK” COMPATIBLE WITH THE KSchG? — LAWYER
• Your statutory warranty rights remain unaffected.

16. Termination

• You can delete your account in the app at any time (Settings → “Privacy & account” → “Delete account”). If you have booked a paid tour with a Local Guide that starts more than 24 hours after the deletion, we cancel it free of charge, and you get the full amount back to your payment method; if it starts earlier, it is treated like “I can't make it”: we let the guide know that you are not coming, and there is no money back. Open requests and confirmed bookings not yet paid are cancelled, and the guide is notified; a payment that still arrives afterwards goes back to you automatically. LAWYER (Q1, NO. 63): CHECK THE CANCELLATION ON ACCOUNT DELETION TOWARDS CONSUMERS If you are a guide yourself, 12.1 applies. The app shows you this before deletion. LAWYER: CHECK CANCELLATION OR NO REFUND UNDER 24 HOURS ON ACCOUNT DELETION TOWARDS CONSUMERS (§ 6 KSCHG)
• Inactive accounts: If you do not use TripHar for 24 months, we delete your account. We warn you several times beforehand; opening the app is enough. If you have a balance, Credits, a subscription, a suspension or ongoing proceedings, we make the account dormant instead. Deadlines and procedure are set out in the Privacy Policy, section 9.
• Accounts under 18: If it turns out that the holder of an existing account is under 18, we do not delete the account but leave it dormant until their 18th birthday (see Privacy Policy, section 7). You can delete it yourself at any time.
• We can suspend or terminate your account in the event of serious or repeated violations; otherwise with 30 days' notice. In both cases we tell you the reason (see 13.3). For businesses, 12.3 also applies. PROPOSAL: We pay out lawfully acquired cashback if we terminate — DECIDE

17. Changes to these terms

We only intend to change these terms if the law, an authority or a court requires it, if we offer new features (in which case we only regulate those) or to prevent abuse. We do not use this route to worsen our main services, prices or your main rights (content, cashback claims, deletion, export).

We send you the change in the app at least 30 days before it takes effect, with a comparison of old and new and a notice that your silence counts as consent. If you object, the previous terms continue to apply to you; we can then terminate the contract with 30 days' notice. Any other change only applies with your express consent in the app.

We only change or remove features for a valid reason (such as law, security, a partner discontinuing its service, technical development) and at no extra cost to you. If a change affects your use more than only slightly, we tell you at least 30 days in advance in the app, and you can terminate free of charge within 30 days afterwards. For rates and quotas, 10 applies. DRAFT (T9, § 27 VGG) — LAWYER: DOES THIS HOLD UP UNDER § 6 KSchG AND RS0128865 OF THE AUSTRIAN SUPREME COURT (OGH)? DOES THE VGG ALSO APPLY TO FREE ACCOUNTS? (L4 A4, A5)

For businesses, 12.10 also applies.

18. Governing law and jurisdiction

Austrian law applies, excluding the conflict-of-law rules of private international law. As a consumer, you retain the protection of the mandatory provisions of the country in which you live, and you can sue and be sued at your place of residence. CHECK PLACE OF JURISDICTION