GENERAL TERMS AND CONDITIONS OF PURCHASE AND TERMS AND CONDITIONS OF SERVICE
GENERAL CONDITIONS OF PURCHASE
- SCOPE OF APPLICATION
These general conditions for the purchase of tickets online (hereinafter, the “General Conditions”) establish the terms and conditions governing the relationship between BARCELONA EVENTS MUSICALS, S.L. (hereinafter, the “Promoter”), with tax identification number B65505257, with registered office at Carrer Pujades, 77-79, 2º 7a, 08005 Barcelona, and the user (hereinafter, the User) who purchases tickets online (hereinafter, the “Tickets”) through the web portal hosted at the URL https://www.cruillabarcelona.com/ (hereinafter, the “Portal”).
In order to purchase Tickets online, the User must first expressly accept the General Terms and Conditions.
The contracting language will be determined according to the language chosen by the User on the Portal during the online Ticket purchase process.
The purchase and sale of Tickets is understood to be made at the Promoter’s address, unless the User is acting as a consumer, in which case it will be presumed to be made at the place where the User has his/her habitual residence.
- PROCEDURE FOR THE PURCHASE OF TICKETS
The Promoter makes available to the User through the Portal an online channel for the purchase of Tickets.
All the information relating to the Tickets available at any given time, as well as the features of the Tickets themselves, will be available on the Portal for consultation by the User.
To purchase Tickets online, the User must select the type of Tickets, the date, if applicable, as well as the number of Tickets he/she wishes to purchase. Depending on the number and type of Tickets selected by the User, the Portal will indicate the final purchase price of the Tickets (which will include VAT or other applicable taxes).
Subsequently, the User must provide his/her name and surname and an e-mail address where he/she wishes to receive the corresponding proof of purchase and the Tickets purchased once the purchase process has been completed, as well as any communication sent by the Promoter in relation to the Tickets purchased.
The communications sent by the Promoter to the e-mail address provided by the User shall be deemed to have been effectively notified to the latter, and the Promoter shall not be liable for any effects that may derive from the inaccuracy of the e-mail address provided by the User.
In the event that additional data is required during the process of purchasing Tickets online, the User will be duly requested to provide such data during the aforementioned process.
All personal data provided by the User will be treated in accordance with the privacy policy available at this link: https://www.cruillabarcelona.com/ca/politica-de-privacitat/ (hereinafter, the “Privacy Policy”).
In order to continue with the purchase of Tickets online, the User must select the method of payment with which he/she wishes to make the purchase, and expressly accept the General Terms and Conditions, as well as the Privacy Policy, and may choose to receive information and commercial communications from the Promoter.
To conclude the online ticket purchase process, the User will be redirected to the corresponding payment platform, depending on the payment method selected, and must follow the payment instructions provided by the platform.
Once the process of purchasing Tickets online has been completed, the User may not modify the characteristics and conditions of the Tickets purchased, and the User may access, by means of his/her credentials, his/her user environment on the Portal, by only modifying certain data regarding the Tickets purchased in accordance with the instructions provided by the Promoter on the Portal from time to time.
The Promoter will duly inform the User if it makes the purchase of Tickets available to the public by non-telematic means.
- USE OF TICKETS AND PROHIBITION OF RESALE OF TICKETS
The Promoter is only responsible for Tickets purchased through the Portal.
It is not permitted to resell Tickets or to carry out any onerous legal act of transferring the use or ownership of the Tickets to third parties. In these cases, the Promoter may cancel the Tickets subject to resale and/or onerous transfer without giving the User the right to any reimbursement, as well as prevent the third party holders of the Tickets from accessing the venue. All of the above is without prejudice to the Promoter’s right to claim for damages suffered as a result of the resale and/or transfer of Tickets for valuable consideration.
- POLICY ON CHANGES AND REFUNDS
Once the Tickets have been purchased by the User, the Promoter will not accept changes or refunds of the amount paid for them.
The Promoter reserves the right to alter or modify the programme of the event for which the Tickets have been purchased, and the User has no right to claim a refund of the amount paid for the Tickets.
The total or partial cancellation of the event for which the Tickets have been purchased due to unforeseen circumstances or force majeure not attributable to the Promoter will not give rise to a refund of the amount paid for the Tickets, except in cases where this is legally established.
When appropriate, the User may request the return and reimbursement of the amount of the Tickets within a maximum period of fourteen (14) calendar days from the date on which the cancellation of the event for which the Tickets were purchased is effective, and in the manner and through the channels specified by the Promoter for this purpose. The Promoter may offer the User, in substitution of the refund and reimbursement, a voucher or substitute voucher for entry to an event subsequent to the original event and of similar characteristics to the same, at no additional cost, a change which in any case will be subject to acceptance by the User.
In the event that the User does not accept the aforementioned voucher or substitute voucher, the Promoter will proceed to refund the price of the Tickets paid by the User, without refunding any other cost or expense and in accordance with the refund procedure established by the Promoter for this purpose.
The right to a refund of the price of the Tickets will not be generated in those cases in which the suspension or modification of the event occurs once the event has begun and is due to unforeseen circumstances or force majeure.
- INTELLECTUAL PROPERTY RIGHTS
The Promoter reserves all intellectual, industrial or similar property rights over the Portal, and all elements and contents thereof are the exclusive property of the promoter, or of third parties who have been legitimately transferred to the promoter. Consequently, with the exception of the uses strictly necessary for the use of the services contracted by the User or those legally permitted, the use, reproduction, transmission, transformation, disclosure, publication, processing, distribution, public communication or any other exploitation of these rights in any way by the User is prohibited.
The acquisition and/or possession of the Tickets, and access to and stay in the venues where the events covered by the Tickets take place, does not entitle the User, nor the third party holders of the Tickets, to use the Tickets or their contents for advertising, marketing or promotional purposes (including competitions, gifts and/or draws) associated with the User, the third party holder of the Tickets or other third parties. These activities may be tracked on the Internet in order to determine any liability that may arise.
The User shall be solely liable to the Promoter and third parties for any infringement of intellectual, industrial or similar property rights relating to the Portal and its elements and content.
In the event of non-compliance with any of the obligations described above, and without prejudice to the right of the Promoter to take appropriate legal action, the User undertakes to pay a penalty equivalent to one thousand times the price of the Tickets.
- EXCLUSION OF LIABILITY
The Promoter does not guarantee the authenticity of, and assumes no responsibility for, Tickets that have not been purchased through the Portal.
The Promoter cannot guarantee that the information contained in the Portal is at all times accurate, correct and up to date.
The Promoter shall not be liable for damages of any kind that may arise from temporary interruptions, lack of availability or lack of continuity in the operation of the Portal and/or the services provided through the same for reasons beyond the Promoter’s control, nor for any possible security errors that may occur on the Portal, nor for the use made of the same by the User.
The Promoter accepts no responsibility for the services provided by third parties for the management and processing of payment for Tickets made through the Portal, insofar as this payment is made through an external payment gateway that is not owned by the Promoter. Consequently, the Promoter is not responsible for the purchase charges made by these platforms or for any refunds of the Ticket amounts.
The Promoter is not responsible for the content, legal conditions or privacy policies of third party websites that link to the Portal.
The User may only use the Portal for exclusively personal purposes, in accordance with the limits established in the General Terms and Conditions, and may not use the Portal for illegal, illicit or unauthorised purposes, contrary to the provisions of the General Terms and Conditions and/or detrimental to the interests of the Promoter. Likewise, the User shall be solely and fully responsible for all data that he/she communicates or transmits to the Promoter via the Portal.
The Promoter shall not be liable for any loss or theft of Tickets. The User is responsible for the safekeeping of his or her Tickets and assumes all liability in the event that the Tickets are duplicated, photocopied or forged.
- TERMS AND CONDITIONS OF SERVICE
7.1. RULES FOR ACCESS AND STAY AT THE VENUES
Access to and stay in the venues will only be possible upon accreditation of the Tickets purchased, which will be scanned for verification by the Promoter, or by the third party appointed for the management and organisation of the event for which the Tickets were purchased. Ticket holders will have to identify themselves with an ID card or equivalent identification document in case they are required to do so at access control. Likewise, ticket holders must keep their tickets for the duration of their stay at the venues.
In the case of the Cruïlla Festival, held at the Parc del Fòrum in Barcelona, the Tickets purchased will entitle the holder to enter and leave the venues from the moment indicated by the Promoter and/or the third party in charge of organising the event, requiring the scanning of the Tickets for each new access to the venues. In the case of events held in venues other than the Parc del Fòrum (such as concert halls, pavilions or auditoriums), access to and stay in the venues will be governed by the general and specific regulations for each particular venue.
The Promoter reserves the right of admission in accordance with the provisions of Decree 112/2010, of 31 August, approving the Regulations on public shows and recreational activities. However, in accordance with the provisions of the applicable regulations, the Promoter reserves the right to search, for security reasons, persons entering the venues and their belongings, which may be subject to the control of bags, rucksacks and other personal effects. Also, it is not permitted inside the enclosures:
– The entry of drinks and drink containers.
– The entry of animals.
– The entry of reflex cameras, video cameras, or other professional photographic, video or sound recording equipment, such as tripods, among others.
– The entry of objects that may be considered dangerous, harmful and/or prohibited by current regulations.
– The consumption of narcotic substances.
– The sale of alcohol and tobacco to persons under the age of 18, in accordance with current legislation.
The Promoter may refuse access to the venues in the event that the Tickets presented for access are damaged, torn, incomplete or show signs of forgery, reproduction, resale or similar circumstances. Likewise, the Promoter will prevent access or stay at the venues to:
- a) Persons who display violent attitudes, or who publicly incite hatred, violence or discrimination on the grounds of birth, race, sex, religion, opinion, disability, sexual orientation, gender identity or any other social or personal condition or circumstance; persons behaving in an aggressive manner or provoking disturbances inside or outside the premises; persons carrying weapons or objects likely to be used as weapons; as well as persons wearing clothes, objects or symbols inciting to violence or advocating activities contrary to constitutionally recognised fundamental rights.
- b) Persons who show signs of drunkenness or who are consuming drugs, narcotics, psychotropic substances, stimulants or equivalent and/or show signs of their consumption.
- c) Fail to comply with the health and safety instructions provided by the Promoter and/or the third party in charge of organising the event, and/or create a situation of risk or danger for themselves or for third parties.
Persons accessing and remaining in the venues must scrupulously follow all the safety rules, indications and instructions provided at all times by the Promoter and/or the third party in charge of organising the event, and all those applicable in accordance with the appropriate diligence and precautionary measures.
Persons accessing and remaining in the venues must at all times respect the rules of access and stay in the venues established in the General Conditions. Non-compliance or defective compliance may be grounds for expulsion from the enclosures without giving any right to any type of compensation, and without prejudice to any administrative or criminal liability that may arise.
7.2. MINORS
Access for minors to the “CRUÏLLA” festival, held at the Parc del Fòrum de Barcelona, is as follows:
– Access for minors, from 0 to 13 years of age (included) requires the purchase of a ticket of the specific modality for “children”, and they will have to be accompanied by their father, mother or legal guardian.
– Access for minors from 14 and 15 years of age requires the purchase of a “general” ticket, and they must be accompanied by a parent or legal guardian.
– Access for minors aged 16 and over requires the purchase of a “general admission” ticket and they may enter the site unaccompanied by a person of legal age without requiring any type of authorisation.
Access by minors to concerts held in venues other than the Forum de Barcelona, such as concert halls, pavilions or auditoriums, will require payment of a “general” ticket, and they must be accompanied by a parent or legal guardian, in accordance with the criteria indicated above in this section 7.2 for each age group.
Access by minors to any of the Promoter’s events will require the corresponding Tickets to be shown at the venue access control. In the event that the accompanying minor is required to access the venues, the parent or legal guardian will have to present the ID and family book or equivalent legal document that accredits the relationship between the accompanying person and the minor. Both persons, if applicable, must carry their ID or equivalent identification document at all times in case the Promoter and/or the third party in charge of organising the event should require proof of identity. Likewise, minors up to 15 years of age (included) will be identified with a bracelet that must be visible at all times during their stay at the venues.
In the event that the person accompanying the minor is not the father, mother or legal guardian, it will be necessary to present a specific authorisation signed by the father, mother or legal guardian of the minor, together with a photocopy of the authorising person’s ID card and the family book or equivalent legal document that accredits the relationship between the authorising person and the minor.
In any case, the person responsible for the minor must sign a document exonerating the Promoter from liability, which will be provided for this purpose at the entrance to the venues and which can also be downloaded directly from this link. The accompanying person will be responsible for any action and/or omission of the minor that occurs during his/her stay at the venues.
The Promoter or the third party in charge of the organisation of the event will provide minors with earplugs or headphones to reduce the effects of the volume of sound, in the event that the accompanying persons of minors so request.
7.3. PHOTOGRAPHY AND FILMING
Unless prior, express and written authorisation has been given by the Promoter, any filming, recording or capturing of images inside the venues where the events covered by the Tickets take place for any use outside the strictly private sphere, and in particular, for commercial, advertising or similar purposes, is prohibited. In the event that the User, third party holders of the Tickets, or any person attending the event fail to comply with this obligation, they will assume in full any liability that may arise before third parties for the capture and non-consensual use of any image inside the venues.
7.4. IMAGE RIGHTS AND VIDEO SURVEILLANCE
Upon entering the venue, the person may be filmed and photographed by the organization, and these graphic supports
may be used for the sole purpose of promoting the organization activities. In the event that the ticket holder wishes to
withdraw his/her authorization from the festival organization, he/she may do so by sending a letter in writing to the
following e-mail address: festival@cruillabarcelona.com or to the postal address: C/ Pujades 77 2.o 7.a 08005 Barcelona.
The Promoter or, where applicable, the manager of the venue where the event that is the object of the Tickets is held, may carry out video surveillance of the venues to guarantee the security of people and installations, in accordance with the legal provisions applicable to this matter.
7.5. COVID-19 REGULATIONS
In order to gain access to the venue, all persons attending must comply with the requirements established by the health authorities at the time of the event.
The capacity, organisation and layout of the people attending inside the venues shall in all cases comply with the indications and measures established by the competent authorities and by the applicable regulations in this area.
Without prejudice to the foregoing, the User assumes that attendance at the event for which the Ticket is provided entails a risk of exposure to Covid-19, and, consequently, the User releases the Promoter from all liability in the event of possible infection with Covid-19.
If the User has any doubts about his/her state of health, he/she should not attend the event and should act according to the indications given by the health authorities. In the event of presenting any symptoms, of whatever type, during the event, the person attending must immediately communicate this circumstance to the staff of the Promoter or the third party in charge of organising the event, who has designed a protocol to act in the event of any incident.
Attendees must at all times respect the provisions of this section, and failure to comply with them may result in expulsion from the venue, without the right to any compensation and without prejudice to any administrative and/or criminal liability that may apply.
7.6. LIMITATION OF LIABILITY
Under no circumstances shall the Promoter be liable for any damages, losses, costs and/or expenses suffered by the User and/or third party Ticket holders as a result of non-compliance or defective compliance with the rules, indications or safety instructions indicated by the Promoter or the third party in charge of organising the event.
The Promoter will not offer any cloakroom service at the venues and will in no case be responsible for the loss or theft of personal belongings of the persons attending the venues during their access and stay at the venues, whether due to their own actions or omissions or those of third parties not attributable to the Promoter.
Attendees shall be exclusively liable to the Promoter and third parties for any damage or harm caused by them during their access to and stay at the venues.
- QUERIES AND COMPLAINT FORMS
The Promoter provides the User with a section on the Portal with useful information. In any case, by sending an e-mail to the e-mail address festival@cruillabarcelona.com, the User can make queries and/or request the corresponding complaint forms from the Promoter, which will also be available at the venue of the event for which the Tickets have been purchased, as well as at the registered office of the Promoter.
- MODIFICATION, NULLITY AND INEFFECTIVENESS OF THE GENERAL TERMS AND CONDITIONS
This document, which is accepted by the User, is stored in the Promoter’s computer system and the User will have access to it for a period of one month.
The Promoter reserves the right to unilaterally modify or update these General Terms and Conditions at any time and without prior notice, the current version of the General Terms and Conditions being the one available at any given time on the Portal.
In the event that any of the General Conditions should be declared, in whole or in part, null and void or ineffective by a final decision issued by a competent authority, this nullity or ineffectiveness shall only affect the general condition in question. To these effects, the rest of the General Conditions shall subsist, not being null and void, invalid or affected, and the general condition that is affected shall be considered as not being in force.
- APPLICABLE LAW AND JURISDICTION
The General Conditions are governed by the common Spanish legislation.
Any dispute that may arise from the contractual relationship between the Promoter and the User shall be submitted to the competent courts and tribunals of the city of Barcelona (Spain).