General conditions of purchase

1. Scope of application

These general terms and conditions for online ticket purchases (hereinafter, the “General Terms and Conditions”) apply to the Porta Ferrada Occident Festival (hereinafter, the “Festival”) and the concerts that comprise it (hereinafter, the “Concert(s)”) as advertised on the website hosted at the URL https://www.portaferrada.cat (hereinafter, the “Portal”) and set forth the terms and conditions governing the relationship between BARCELONA EVENTS MUSICALS, S.L.U. (hereinafter, the “Promoter”), with Tax ID Number (CIF) B65505257, and with registered office at Carrer Pujades, 77-79, 2nd Floor, Apartment 7, 08005 Barcelona, and the user who purchases tickets online (hereinafter, the “Tickets”) through the Portal or at official points of sale, or who uses them to attend the Festival and its Concerts (hereinafter, the “User”).

Before purchasing tickets online, it is essential that you carefully read these General Terms and Conditions, as such a purchase implies the User’s prior express acceptance of them.

The contracting language will be determined according to the language chosen by the User on the Portal during the online Ticket purchase process.

2. 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 through the Portal or the official points of sale for consultation by the User.

To purchase Tickets online, the User must select the Concert and date for which the Ticket is intended, as well as the number of Tickets they wish to purchase. Depending on the number of Tickets selected by the User, the Portal or the official point of sale will display the final purchase price of the Tickets (which will include VAT or other applicable taxes, as well as the associated processing fees, duly itemized).

Subsequently, the User must provide their first and last names and an email address where they wish to receive the corresponding purchase receipt and the purchased Tickets once the purchase process is complete, as well as any other information requested in connection with the purchased Tickets.

The communications sent by the Promoter to the email 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 email 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.portaferrada.cat/en/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 they wish 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 online Ticket purchase process is complete, the User may not modify the characteristics and conditions of the purchased Tickets, and the User may access, by means of their credentials, their User environment on the Portal, to modify only certain data regarding the purchased Tickets in accordance with the instructions provided by the Promoter on the Portal at any given time.

3. Use of tickets and prohibition of resale of tickets

The Promoter is only responsible for Tickets purchased through the Portal and through sales channels authorized by the Promoter (https://www.baila.fm).

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.

4. Policy on changes and refunds

In accordance with the provisions of Article 103. (l) of Royal Legislative Decree 1/2007, dated November 16, which approves the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws, the purchase of Tickets is not covered by the right of withdrawal, as it constitutes a service related to recreational activities that specifies a specific date or period of performance.

Therefore, once the User has purchased the Tickets, the Promoter will not accept any changes or refunds for the amount paid for them.

The Festival’s program features a variety of artists, bands, and performances, and the organizer will ensure that they take place. However, in accordance with the provisions of Article 6.2.c) of Law 11/2009, dated July 6, on the administrative regulation of public performances and recreational activities, the Promoter reserves the right to make non-essential changes to the Festival program covered by the Tickets, and the User shall have no right to claim a refund of the amount paid for the Tickets.

The total or partial cancellation of the Festival or a Concert 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 Festival or Concert 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 a Festival or Concert subsequent to the original 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 Festival or Concert occurs once it has begun and is due to unforeseen circumstances or force majeure.

5. 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. Any failure by the User to comply with the provisions of this section shall entitle the Promoter to claim damages for the harm caused.

The acquisition and/or possession of the Tickets, and access to and stay in the venues where the Festival or Concerts 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. Failure to comply with the provisions of this section shall entitle the Promoter to claim damages from the responsible party.

6. Exclusion of liability

The Promoter does not guarantee the authenticity of, nor does it assume any liability for, Tickets that have not been purchased through the Portal or through sales channels authorized by the Promoter (https://www.baila.fm).

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 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.

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 indications and 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. Furthermore, the User shall be solely and fully responsible for all information provided or transmitted to the Promoter through the Portal, as well as for ensuring that such information is accurate and up-to-date.

The Promoter is not liable for any loss or theft of the Tickets. The User is responsible for safeguarding their Tickets and also assumes liability for any consequences arising from the Tickets being duplicated, photocopied, or counterfeited.

7. 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 Festival or Concert 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.

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 to deny admission pursuant to the provisions of Decree 112/2010, dated August 31, which approves the Regulations on Public Performances and Recreational Activities. Furthermore, pursuant to applicable regulations, the Promoter reserves the right to conduct security checks -through personnel authorized for that purpose- on individuals entering the venues and their belongings (including the inspection of bags, backpacks, and other personal items). Additionally, the following items are not permitted inside the venues:

– 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:

1. 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.
2. Persons who show signs of drunkenness or who are consuming drugs, narcotics, psychotropic substances, stimulants or equivalent and/or show signs of their consumption.
3. Fail to comply with the health and safety instructions provided by the Promoter and/or the third party in charge of organising the Festival or Concert, 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 Festival or Concert, 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

The admission policy for minors at the Festival and its Concerts is as follows:

– Admission is free for children aged 0 to 3 (inclusive) as long as they do not occupy a numbered seat.

– Children aged 4 to 15 (inclusive) must purchase a general admission ticket and must be accompanied by a parent or legal guardian.

– Admission for minors aged 16 and older requires the purchase of a general admission ticket; they may enter the venue without being accompanied by an adult and without any authorization being required.

Access by minors to the Festival or its Concerts will require the corresponding Tickets to be shown at the venue access control. Children up to and including age 15 must always be accompanied by a parent, mother, or legal guardian. The accompanying person must fill out a minor accreditation form before the day of the Festival or Concert. The accompanying person will be responsible for any action or omission of the minor during their stay at the venues. The accompanying person can be responsible for a maximum of three minors.

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 Festival or Concerts 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 Festival or Concerts 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

The Promoter reserves the right to photograph and/or record the Festival and its Concerts. By entering the venue, the User or ticket holder acknowledges and agrees that their image may be captured during their stay at the venue, through photographic, visual, or audiovisual means, and expressly authorizes, free of charge, the use of such images in any informational and/or promotional material related to the Festival and its Concerts, as well as their dissemination for informational and/or promotional purposes related to the Festival, without limitation or time restriction. If the User does not wish to authorize this use and/or would like to request information regarding it, they may send an email to festival@portaferrada.cat and withdraw their authorization if they so desire.

The Promoter or, where applicable, the manager of the venue where the Festival or Concert 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. 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 Festival and its Concerts.

The Promoter will not provide any coat check service at the venues and will under no circumstances be liable for the loss or theft of personal belongings of attendees while they are on the premises, except when the cause is 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.

8. Queries and complaint forms

The Promoter provides the User with a section on the Portal with useful information. In any case, by sending an email to the email address festival@portaferrada.cat, 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 Festival or its Concerts for which the Tickets have been purchased, as well as at the registered office of the Promoter.

9. nullity of the general terms and conditions

This document, which is accepted by the User, is stored in the Promoter’s computer system.

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.

10. Applicable law and jurisdiction

The General Terms and Conditions are governed by applicable Spanish law, unless current regulations require the application of another body of law.

The courts of the city of Barcelona (Spain) shall have jurisdiction to resolve any dispute that may arise from the contractual relationship between the Promoter and the User. This is without prejudice to the User’s right to file a claim or, where applicable, to have a claim filed against them in the courts of their place of residence, in the cases established by applicable law.

11. Online dispute resolution platform

If you have purchased a ticket to our Festival or its Concerts online, and in the event that it has not been possible to resolve an issue by contacting us at festival@portaferrada.cat, in accordance with the provisions of Article 14.1 of Regulation 524/2013, dated May 21, 2013, on online dispute resolution for consumer disputes, we inform you that you have the option of turning to an alternative dispute resolution entity for consumer disputes, accessible via the website https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.