TERMS OF TICKETS SALE AND ACCESS TO TOMAVISTAS FESTIVAL 2021
These Terms and Conditions regulate use of the online store, for which Tomavistas City AIE (hereinafter, Festival Tomavistas) is legally responsible. These Terms and Conditions will be accepted by the parties without reservation and they may be modified at any time without notice such that the User will be responsible for reading them each time a purchase is made, as the conditions applied will be those in force at the time the contract is entered into.
This electronic contract is regulated by Spanish law and, in particular, by the legal regime imposed by Law 34/2002 on Information Society Services and E-Commerce (LSSICE) and by General Law 03/2014 on the Defence of Consumers and Users (LGDCU).
The electronic contract will not be filed by a third party. It is drawn up in English. These Sales Terms and Conditions may be stored and reproduced at any time by the User who makes a purchase using their internet browser’s options. They must be accepted before proceeding to order payment.
User account and error correction
In order to make purchases online in this store, you should register by creating a user account. You can register at any time by clicking on the corresponding link, or during the purchase process. Once registered, you will receive an email confirming that the process has been completed successfully and offering you a reminder of your access details.
From your account, you may make purchases, check your order history, change your password, amend your personal details, modify delivery and billing addresses, make comments, and perform other procedures or management tasks related to your purchases.
Furthermore, you may access your private account at any time to check your personal information and addresses and, if necessary, correct the errors that may have appeared when entering said data or updating them. Delivery and billing addresses may also be corrected or updated during the purchase process.
As User, you may deregister at any time by sending an email from the email address that you wish to deregister to the email address firstname.lastname@example.org, which will result in your personal data being cancelled.
Making a purchase on Festival Tomavistas is really easy. Just follow these simple steps:
- Festival Tomavistas will give you access to a page, which includes a detailed description, main characteristics and price of the service. If you need any further information, feel free to contact us.
- Once you have selected the service you wish to purchase and have filled out the form with your details, you must press the “Siguiente” button to proceed directly with payment.
- Once the service selection is concluded, a summary will appear identifying the selected item (s). Finally, to continue with your order, you must press the button “Comprar”.
- As indicated in previous sections, at the end of your purchase, you must register, indicating your contact information and address. In your next purchases you will not have to enter your data again, as they will be stored in your User Account.
- Finally, you must choose the payment method for your purchase from those offered by Festival Tomavistas (see next section).
- Once the purchase process is complete, we will send you an email detailing your purchase’s information, as well as proof of payment or the invoice. If you do not receive this email within 24 hours, or if you notice an error with the data entered, please contact us using any of the following means:
The contact form on this website
You can also request a paper invoice by contacting us within 15 days of purchase. We will send this to your address at no additional cost.
Festival Tomavistas offer payment via credit or debit card.
Payment via credit or debit card is made using the secure payment gateway of Weezevent. Via this payment method, Festival Tomavistas never collects or handles any customer data related to their card number. All data are processed directly by Weezevent, such that Festival Tomavistas may always offer optimal security, transparency and confidentiality in the transaction.
The cards currently permitted on this payment gateway are Visa, MasterCard and Maestro, as well as those pertaining to 4B, Red 6000 and Servired networks. If you have any questions, get in touch with us and we will help to clarify any issues.
Prices, taxes, tariffs and duties
Prices are expressed in euros and are valid unless there are typographical errors. If an obvious error were to occur in the price that appears in the service sheet, the price set for said service in the information email that we provide you with when we detect the error will prevail.
The following taxes will apply on the services offered on our website.
- The price of the services provided to customers who have a billing address in mainland Spain and the Balearic Islands includes VAT.
- The price of the services provided to customers who have a billing address in other EU countries, and if the buyer is an individual, includes the country of origin’s VAT.
- The price of the services provided to customers who have a billing address in other EU countries, and if the buyer is a business or professional, does NOT include VAT provided that they are registered in the Intra-Community Operators Register (in which case they must provide us with a valid tax identification code). If they are not registered as an Intra-Community Operator, the service price will include the VAT corresponding to the country of origin.
- The price of the services provided to customers who have a billing address in the Canary Islands, Ceuta or Melilla and, in general, any country outside the EU, does NOT include VAT, given that the transaction is treated as an export. The price indicated for each service it’s the final price to these destinations.
Here at Festival Tomavistas, we want you to be satisfied with your order. Once the ticket has been purchased, in accordance with the regulations in force on consumption and retail management, the user may not exercise the right to return or resolution since the provision of services related to recreational activities is exempt from that right.
The user will be entitled to the full or partial refund of the amount of the ticket, in the event that the festival is suspended or substantially modified, except in those cases in which the suspension or modification occurred once the festival began and out due to force majeure.
In the event that any total or partial refund of the amount of the ticket is set, the user may request a refund within thirty (30) days from the date of the public communication of the cancellation by sending an email to the address email@example.com or a communication sent to Tomavistas City AIE, C/ Justiniano 6, 28004, Madrid
As required by new European regulations, the User is hereby informed of the existence of a European platform for online dispute resolution. Thus, in order to resolve consumer disputes (pursuant to Art. 14.1 of Regulation (EU) 524/2013), you can access European Commission’s online dispute resolution platform via the following link: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=ES
IDENTIFICATION DETAILS OF THE PROMOTER
The identification details of the promoter are:
Name or business name: TOMAVISTAS CITY AIE
Adress: C/ Justiniano, 6 – 28004 Madrid
Telephone number: 910519401
ACCEPTANCE OF THE TERMS OF SALE
Ticket purchase for Tomavistas Festival 2020 implies the acceptance of the following conditions.
- To get into the venue every attendee must bring with them their own ticket. Tickets will only be available to purchase on the official selling points authorized by the Organization. The Organization does not guarantee ticket authenticity if tickets have not been purchased at official selling points.
- Tickets types available to buy are the following:
- (a) one-day ticket; and
- (b) three-day ticket.
- Notwithstanding the above, the Organization reserves the right to announce new tickets types for sale that are not contemplated at 3.2. In any case, those tickets will be subjected to the general conditions of tickets sale and access to Tomavistas festival.
- Tickets prices does not include the distribution fees that, when applicable, could be charged by the official sales channels designated by the Organization.
- The Festival Organization does not accept any responsibility for the loss or theft of the ticket. The holder of the ticket or the person whose name the ticket is in, accepts all responsibility if a photocopied or forged duplicate of the ticket is presented, and therefore loses all the rights provided by the ticket to access to the event.
- Every ticket has a unique barcode and/or QR code that includes all the information to the validation of it through an electronic system. Any manipulation or modification of these codes is prohibited.
- Resale of tickets is forbidden.
- Ticket possession does not allow its holder or third parties to use the ticket or its contents for advertising, marketing or promotion purposes (including, contests, gifts and/or raffles) associated with the ticket holder or third parties. These activities will be pursued in order to establish the corresponding responsibility.
- Attendees will access the venue after showing their ticket at the corresponding point. Authorised personnel will validate the ticket with an electronic device that will scan the unique code inserted in the ticket.
- Once the ticket is validated, access will be denied to those who try to enter with that same ticket.
- The ticket will be exchanged for a wristband that will be personal and non-transferable. For the exchange of the wristband it will be required to show the ID (or an equivalent identification document) apart from the ticket. Only one wristband will be delivered per person. The wristband will be placed on the user’s wrist by the organization’s staff.
- Information about wristbands exchange points will be available on the official website of the festival.
- Once the ticket has been exchanged for the wristband in the designated area, the wristband then becomes the element that certifies the right acquired.
- It is buyer’s responsibility the care and conservation of the wristband. Handled, damaged or broken wristbands will not be accepted.
- The loss of the wristband will imply the loss of the right of admission.
- It is allowed with the proper wristband to enter and exit as many times as needed.
- The organization reserves the right to refuse admission. The Organization may deny entrance to the site to any ticket holder in the following circumstances:
- (a) The ticket holder is violent or publicly incites hate, violence for reasons of birth, race, sex, religion, opinion, handicap, sexual orientation, gender or any other social or personal condition or circumstance. Especially any ticket holder who behaves in an aggressive manner or provokes disturbances outside or at the entrance to the festival, one who carries weapons or any object which could be used as one and anyone who wears clothes, objects or symbols that incite violence or defend activities contrary to the fundamental rights stipulated in the Law and the Constitution.
- (b) Ticket holder is in a state of apparent or potential alcohol, drugs or narcotics intoxication.
- (c) The ticket holder does not meet the conditions for access of minors provided below.
- The right of admission will never deny entrance to the ticket holder for reasons of birth, race, sex, religion, opinion, handicap, sexual orientation, gender or any other social or personal condition or circumstance.
- For security reasons, it is not allowed to enter the venue with:
- (a) Motorcycle helmets, suitcases, and large bags or backpacks:
- (b) Drinks or food in metal, glass, ceramic, wood, or similar materials that can be used as projectiles;
- (c) Frozen containers, which may be blunt;
- (d) Placards and/or flags which urge to violence.
- (e) Perfumes in crystal or metal bottles.
- (f) Any kind of alcoholic beverage, as well as any kind of narcotic, psychotropic, stimulant, or similar substances;
- (j) Weapons of any kind or any objects that could be used as such or devices dangerous to the physical integrity of people, as well as firecrackers, fireworks and all kinds of pyrotechnic items that can produce noise or fire.
- Notwithstanding the above in point 5.3., it will be allowed to enter the venue with 0.5L plastic bottles of water without tap. It is strictly forbidden to enter the site with caps for containers or bottles. Likewise, it will be permitted to enter the venue with a sandwich for self-consumption.
- In order to contribute to ensuring the safety of the attendees, the festival’s private security personnel may, among other actions, carry out identity or personal items checks at the entrance or inside the venue, as provided in the Law 5/2014, of April 4, on Private Security.
- The Organization may deny entrance or expel from the venue to any ticket holder who does not observe the instructions from the Organization staff; who might reasonably be presumed to be heading for a high-risk or dangerous situation for the ticket holder him/ herself and/or other attendees; who causes disturbances or for being in a state of apparent or potential intoxication. Each ticket holder will personally take responsibility for any actions that might cause injury to third parties or damage facilities.
RETURNS AND REFUNDS
- Once the ticket has been acquired, according to current regulations on consumption and retail trade management, the ticket holder may not exercise the right of withdrawal or resolution since the provision of services related to recreational activities is exempt from such right.
- The ticket holder will have the right to the total or partial refund of the amount of the ticket in the event that the festival is suspended or substantially modified, except in those cases in which the suspension or modification occurred once the festival began and was due to of force majeure
- In the event that any assumption of total or partial return of the amount of the ticket concurs, the ticket holder may request reimbursement within a period not exceeding fourteen (14) days from the date of the public communication of the cancellation through the referral of an email to the address firstname.lastname@example.org or a communication sent to TOMAVISTAS CITY AIE C / JUSTINIANO, 6 28004 MADRID.
ARTISTS IMAGE RIGHTS
The audience acknowledges and accepts that the Organization holds and owns all intellectual, industrial and any other property rights, including, image rights, derived, directly or indirectly, from artistic representations or any other that may take place as a result of the celebration of the Festival without territorial or temporal limitation and without any other limitation than those provided in the current Intellectual Property Law. Consequently, the capture or recording of images or sounds is strictly forbidden without a prior written authorization from the Organization. The Organization may expel any person who fails to comply with the previous obligation not having the right of getting any refund for the amount of the ticket paid.
DATA AND IMAGE RIGHTS OF THE ATTENDING AUDIENCE
- The public may appear on images taken by different media for broadcasting purposes through any means. The audience attending the event expressly authorizes, free of charge, the image capturing of their image as well as voice and name in order to allow maximum exploitation of the recordings that made be made during the celebration of the festival and its subsequent broadcasting made by the festival’s organization or authorized third parties by management, through any means of communication, expressly consenting a promotional and/or commercial use of images captured during the festival.
- In the same way the attending public relinquishes to the festival’s organization, free of charge, the patrimonial content of the right to own the right to self-image without temporal and spatial limitation, for its exploitation in any media or through any form of communication including their name in any type of advertising, promotion, publication (including internet) or any other mean even for promotional or informational purposes, as well as its display in any medium and/or format. In no case may the public claim any amount of money to the festival’s management for the exploitation of the images that may be used.
- Minors up to age 16 are allowed to enter the venue on 21st, 22nd and 23rd May 2020 only if they are accompanied by their father/mother, legal tutor or an adult (with an authorization from the ones mentioned before) that bring with them supporting documentation, have fulfilled and signed the responsibility sheet available on the festival’s website and that are responsible of avoiding the consumption of alcohol by the minors, exempting from any responsibility derived from the breach of the mentioned provision to the organization of the event (and previous presentation in the stand of minors of the appropriate authorization duly completed by their parents that can be obtained or downloaded on the website or in the places authorized for this duty before the entrance to the venue).
- Access is also allowed to minors over 16 and under 18 after completing and signing the responsibility sheet available on the festival website. Every minor will be provided with a wristband programmed with restrictions that will not allow them to buy alcohol and that will have to show whenever someone from the organization or security staff considers it.
- In accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27th 2016, concerning the protection of individuals with regard to the processing of personal data and the free movement of this information, it is informed that your personal data will be incorporated into automated treatments whose purpose, by FESTIVAL TOMAVISTAS S.L., is to manage their participation in the activities of it, as well as to be informed of issues related to the festival. If you decide to revoke your consent to be sent advertising and information of interest by email, you can send an email to the address email@example.com. The data provided will be kept as long as you do not request the cessation of the activity. The data will not be transferred to third parties except in cases where there is a legal obligation. If you wish to exercise the right of access, rectification, deletion, opposition, limitation of treatment and data portability, write (proving your identity) to the attention of TOMAVISTAS CITY AIE, C / JUSTINIANO, 6 28004 MADRID.