1. BACKGROUND INFORMATION
According to article 10 of Spanish Act 34/2002 on Information Society Services and E-Commerce (Ley 34/2002 de 11 de julio, de Servicios de la Sociedad de la Información y del Comercio Electrónico), the following details identifying the Website owner are to be communicated:
TICKETEA, S.L. is a commercial enterprise with business address in Madrid, calle Ponzano, nº 85, 3ºB (28003), with Spanish tax identification number [C.I.F.] B-85741312 and registered with the Madrid Registry of Commerce and Companies in Volume 26.885, Folio 92, Sheet number M-484.519, Entry 1 (hereinafter, “TICKETEA”). Its electronic address is firstname.lastname@example.org.
Under all circumstances, access or use of the Website by the User entails, perforce, knowledge and acceptance of its Terms and Conditions. Hence, the User is advised to read them thoroughly every time they enter the Website.
TICKETEA has created a tool within the Website for event planning and sales that provides its Users with “Event Planning” and “Ticket Purchase” services (hereinafter, the “Services”). Through the Services, TICKETEA acts solely as the agent for ticket sales among Users and is not a party to any agreement between the Users themselves.
2. EVENT PLANNING SERVICE 2.1 Description
TICKETEA provides its Users with an event planning service so that Users who wish to plan and promote their own events (hereinafter, the “Planners” and their “Events”), may do so in quickly simply via microsites created for this purpose within the Website (hereinafter, the “Planners’ Microsites”), as well as selling tickets to other Users (hereinafter, the “Buyers”) for Events organised and posted on the Website.
TICKETEA only acts as an agent for the sale of Event tickets between Planners and Buyers by managing the ticket distribution on behalf of the former, so that at no time does it act as an Event Planner nor is it involved in any planning aspect of such Events.
TICKETEA grants a temporary licence to Planners for the use of their Planner’s Microsite, from the date of creation of the Event to its conclusion, so that in no case does TICKETEA transfer to the Planner any intellectual or industrial property right whatsoever pertaining to the Website or to the Planner’s Microsite.
2.2 How to create an Event
Once the Planner’s Sign-up Form has been filled in, the Planner will be sent an electronic message to the address provided via the Planner’s Sign-up Form in order to activate the Planner’s account and the Planner’s Microsite.
The Planner will be responsible for safeguarding the name and password provided via the Planner’s Sign-up Form, and is thus liable for any actions performed within the Website through the corresponding Planner’s Account.
Once the Planner’s Microsite has been activated, Planners may easily create their own Events to be managed through one control panel enabled for every Event, which will allow them to edit any related information (location, date, ticket price, method of payment, etc.), promote it and manage ticket sales to other Users.
In order to duly provide the Event Planning Service, TICKETEA agrees to do the following for the Users:
At all times keep the Planner’s Microsite enabled for the Planner to be able to efficiently promote Events and for tickets to be available for sale within the Website at any time;
Report any information it has regarding ticket sale transactions for applicable Events as well as User access statistics to the Planner via the Planner’s Microsite;
Accurately and truthfully show in the Website the information about all created Events published through the Planner’s Microsite;
Keep separate accounts for every activity or operation regarding every Planner;
Manage the collection of Event ticket payments and credit the Planner the applicable amount for tickets sold, according to the Event Planning Service Prices section.
For their part, in order to ensure that the Event Planning Service is used correctly, the Planner agrees to do the following for TICKETEA:
Supply any necessary information for TICKETEA in order to duly provide the Event Planning Service and above all keep the Planner’s account up to date at all times by correcting the corresponding personal, bank or other details whatsoever as required.
Withdraw immediately any Event from the Website as soon as it may be expected to be cancelled or suspended as well as to take responsibility for any ticket sold to date, according to the Refund and Exchange Policy.
Respond to any kind of claim made by any third party as a result of ticket sales from Events published on the Website.
Inform TICKETEA immediately and apply any changes necessary on the Planner’s Microsite in the event of postponement of any of the corresponding Events, changes in the conditions or circumstances of sale, access, venue, or any other difficulties that may arise. As regards Buyers that may already have purchased their tickets, the Planner must inform them about such matters.
Pay the Event Planning Service Price.
Allow TICKETEA to process and manage ticket sale payment collection.
Pay for the delivery and logistics of tickets where applicable.
Possess all the administrative approvals in force and make all the relevant notifications to carry out the Planner’s activity, and to show proof of these whenever required by TICKETEA.
2.4 Event Planning Service Prices
The Planner’s use of the Planner’ Microsite, as well as the creation and publishing of Events on the Website, is free of charge.
The price established by the Planner for every given Event (hereinafter, the “Net Amount”) will have 10% (ten percent) applied to it (hereinafter, the “Commission”). The Net Amount plus the Commission will constitute the “Price”.
The Event Planning Service Price will be the result of multiplying the number of tickets sold for a specific Event by the Commission (herein, the “Event Planning Service Price”).
Should the Event be cancelled and TICKETEA has to refund the Ticket Price to the Users, according to its Refund and Exchange Policy, the Planner will have to pay TICKETEA the Event Planning Service Price plus 1% (one percent) of the Price of every ticket.
2.5 Deadlines and conditions for Event Planning Service Price payment
Within six (6) calendar days after the end of the Event, TICKETEA will issue a payment sheet to the Planner which will feature the Net Amount for all tickets sold for said Event (hereinafter, the “Total Net Amount”). TICKETEA will pay the Total Net Amount to the Planner within two (2) days after the payment sheet has been issued, via the payment method provided in the Planner’s Microsite.
If TICKETEA has chosen to purchase any tickets from the Planner, the Planner will issue an invoice to TICKETEA within six (6) calendar days following the end of the Event; such invoice will include the Total Net Amount, which will be paid by TICKETEA within the two (2) days following the invoice issue date via the method of payment provided in the Planner’s Microsite. The corresponding Value Added Tax in force at the time of the transaction will be applied to this Total Net Amount.
3. TICKET PURCHASE SERVICE 3.1 Description
TICKETEA provides its Users with a ticket purchase service allowing Buyersto acquire tickets for Events published on the Website by Planners quickly and easily.
TICKETEA only acts as an agent between Planners and Buyers for Event ticket sales, managing ticket distribution on behalf of the Planners, so that at no time does it act as an Event Planner nor is it involved in any planning aspect of such Events.
3.2 How to purchase tickets
In order to purchase tickets for Events that are available on the Website, the following steps must be taken:
Select the Event the Buyer wants to attend.
Once the Event information published by its Planner has been checked, the number of desired tickets for the Event must be chosen and “Continue” must be selected.
The registration form must be filled in with the Buyer’s name and electronic address (hereinafter, the “Buyer’s Sign-up Form”) and “Continue” must be selected.
The credit or debit card (Visa, 4B, Mastercard or Maestro) details intended to pay for the ticket(s) must be provided and “Buy tickets” must be selected. By doing so, the Buyer confirms ownership of the aforementioned credit or debit card and gives permission for TICKETEA to charge the card for the Priceof the corresponding tickets.
Next, TICKETEA will send an electronic mail to the Buyer at the address provided in the Sign-up Form to confirm the ticket purchase (hereinafter, the “Purchase Confirmation”). The Purchase Confirmation may not arrive in the “Inbox”, as some e-mail providers may classify it as spam, so TICKETEA advises the Buyer to check the “Spam Folder” in any case.
Once the Purchase Confirmation has been received, the Buyer may download and print the corresponding ticket(s).
3.3 How to access the Event
The Buyer will be able to access the Event by presenting the printed ticket at the Event venue entrance, where the ticket will be validated by means of an entry control scanner. In the event that several copies of the ticket are printed, only the first ticket presented at the access point will be deemed valid. This will thus be the one that is validated and no other person presenting the same ticket will be granted access afterwards.
3.4 Ticket Purchase Service Conditions
The ticket(s) will be issued according to the Event Planner’s and venue’s rules and regulations, which will be made available to the Buyer at the venue’s ticket office. Breach of any of such rules and regulations, or any other action that may cause harm, damage or injury, will entitle the Event Planner to deny the Buyer entrance to the venue.
Illegally reselling a ticket or attempting to do so will be deemed sufficient cause to seize or cancel said ticket with no right to refund or compensation whatsoever.
No ticket may be used for advertising, marketing, commercial uses, gambling, betting or contests without the Planner’s prior, express and demonstrable consent.
The Event may be recorded for commercial and/or marketing purposes, so that by entering the Event the Buyers agree to be portrayed as part of the public and to such portrayal subsequently being shown for the aforementioned purposes.
TICKETEA does not take part in the Event planning, so that it is not liable for any aspect such as the conditions of visibility, sound quality and comfort at the venue, accessibility, etc., which will fall within the sole competence of the Planner.
The Planner reserves the right to refuse admission to the Event.
The Planner is legally allowed to check and search for relevant items in order to ensure that the security and safety conditions within the Event are met.
Any ticket that is wrinkled, ripped or suspicious of counterfeiting shall authorize the Planner to deny its holder access to the Event.
TICKETEA will not be held responsible for the loss or theft of any ticket.
4. REFUND AND EXCHANGE POLICY 4.1 Overall aspects
No ticket will be exchanged or refunded unless the Event is cancelled.
Inability to attend an Event or errors at the time of purchase will not constitute sufficient grounds for ticket refund.
According to current regulations on consumer rights and retail commerce, the Buyer’s rights to withdrawal or termination will be waived.
Once the first half of an Event has taken place, the Buyer has no right to refund of the Price of the ticket.
Adverse weather conditions will not entitle the Buyer to being given the ticket back nor to a refund of its Price.
For any cancellation or changes made to an Event, TICKETEA agrees to send an electronic message to the Buyer’s address as provided in the Sign-up Form in order to inform them of said cancellation or change.
4.2 Refund and exchange
Refund and exchange are only possible if the Event is cancelled.
Event cancellations or changes that take place after the ticket Purchase Confirmation is received by the Buyer, such as a change of date, venue or artist(s), are the sole responsibility of the Planner. Hence TICKETEA, as ticket distributor, will only be able to cancel the tickets and, therefore, refund their Price whenever the Event Planner gives an express order to do so.
Should the Planner decide to proceed to refund the Price, TICKETEA will credit the same credit or debit card used for purchase, within fifteen (15) working days after the date the Event cancellation has been publicly announced.
TICKETEA only acts as an agent between Planners and Buyers for the sale of Event tickets, by managing the ticket distribution on behalf of Planners. Therefore:
It assumes no liability if the Event is not finally held, and any relevant claims will have to be addressed to the Event Planner who, abiding by the Terms and Conditions accepted, will exempt TICKETEA from any kind of responsibility that may arise as a result of a cancellation.
When a ticket for a given Event is purchased through the Planner’s payment gateway (which must be duly stated on the Website) and, accordingly, the ticket amount is paid into the Planner’s bank account, TICKETEA will not be in any way responsible for any Buyer’s claim whatsoever related to a refund of the ticket price.
It will not be held liable for the terms under which the Event is finally conducted. Any claims related to quality or diligence in carrying out said Event must solely be addressed to the Event Planner.
6. USE OF THE WEBSITE
Users are fully responsible for the proper use of the Website in keeping with current Spanish or international legislation, as well as with the principles of good faith, morality, decent behaviour and public order, by also agreeing to diligently respect any additional instruction that TICKETEA may give them.
Users will refrain from using the Website services and contents for purposes that are illegal or which have such effects, as well as those that may be damaging to third party rights or interests, or that in any way may damage, disable, affect or deteriorate the functioning of the Website, its contents or its services. Likewise, it is forbidden to prevent any other Users from using or enjoying the Website normally.
Our antivirus system is reasonably safe. Thus, TICKETEA is not liable for any potential damages or errors that the Users’ computing systems (be it hardware or software) may experience when accessing or using the Website, due to viruses.
TICKETEA will make reasonable means available to the User for the contents and services included in the Website to be accurate and up-to-date. Notwithstanding this, TICKETEA is not in a position to guarantee this situation at all times. Furthermore, TICKETEA will not be liable for the functioning of any communication networks that enable the Website to work, be they via landline or wireless. Such liability will remain solely with suppliers unrelated to TICKETEA.
If deemed necessary, TICKETEA may immediately suspend the provision of the service and, where applicable, remove any content deemed incorrect or illegal, at its own discretion or at the request of an affected third party or of a competent authority, and no compensation may be claimed for this reason.
7. LINKS TO THIRD PARTIES
TICKETEA shall not be liable for any of the links in the Website allowing the User to access third party features or services, provided that they are unrelated to the Website. Therefore, TICKETEA will not be liable regarding any information therein nor any effect that may arise from such information. Likewise, TICKETEA reserves its right to remove any link on the Website at its sole discretion and with no prior notice.
If any User or third party suspects that any link may go against the law, morality or public order, they must report it to TICKETEA via the address email@example.com.
8. INTELLECTUAL AND INDUSTRIAL PROPERTY
TICKETEA is the owner or the licensee of all the intellectual and industrial property rights included in the Website, as well as of the contents accessible through it.
The User’s permission to access the Website does not imply that TICKETEA partially or fully renounces, transfers, licenses or assigns any of TICKETEA’s intellectual or industrial property rights. Hence, such use of them is strictly forbidden.
The intellectual and industrial property rights pertaining to the Website as well as texts, images, graphic design, browsing system, information and contents within said Website belong to TICKETEA, or else it holds the rights to exploit them in any way and above all as regards copying, distribution, broadcasting or further adaptation, as provided by Spanish law in force on intellectual and industrial rights.
The Planner hereby states ownership or to have been duly assigned all intellectual and industrial property rights related to the content within every Event they create and post via the Website, and that such rights are also assigned herein to be exploited by TICKETEA for marketing and promotion purposes. The aforementioned assignment of rights will be deemed effective for everybody and with no time limit.
9. USER ACCOUNT TERMINATION AND SERVICE SUSPENSION
TICKTEA reserves the right to refuse admission and deny access to the Website. Any User that does not abide by the set of rules listed herein may be refused access to the Website.
In addition, at any time and without prior notice TICKETEA may withdraw or suspend the provision of Services to Users who breach the provisions in the Terms and Conditions.
11. APPLICABLE LAW
These Terms and Conditions are subject to Spanish law. In order to resolve any dispute arising from access to the Website, the User and TICKETEA expressly agree to obey the courts and tribunals of the city of Madrid. Nevertheless, as a member of CONFIANZA ONLINE (www.confianzaonline.es) and according to its Ethical Code, in the event of a dispute arising related to online contracting and advertising, data protection, protection of underage persons and accessibility, the user may turn to CONFIANZA ONLINE’s extrajudicial dispute arbitration system embodied by the Jury of Advertising of Autocontrol and the National Consumers’ Arbitration Board.