CONDITIONS OF USE AND CONTRACTING OF MALLORCATICKETS.COM
1. GENERAL INFORMATION
In compliance with article 10 of Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce, the following identifying data of the owner of the Website and the App are exposed:
¿CÓMO ESTÁ WALLY?, C.B. provided by C.I.F. E-57969537, is a commercial company whose registered office is at Ricardo Ankerman Street 6ºB, bajos, C.P. 07006, Palma, registered in the Mercantile Registry of Palma (“MALLORCATICKETS.COM”)..
Through the provision of the Ticket Purchase Service, MALLORCATICKETS.COM acts only as an intermediary in the purchase and sale of tickets between users, being outside the contractual relationship established between the users among themselves.
For these purposes, MALLORCATICKETS.COM offers a service to provide event organizers and the general public with a channel for acquiring such tickets, but at no time acts as an organizing entity or promoter of the event or show.Access to the Website and the App or its use by the User necessarily implies, without reservation, knowledge and acceptance of the Terms and Conditions. Therefore, it is recommended that the User read them carefully every time they want to access the Website and the App.
MALLORCATICKETS.COM has created on the Website a tool for the sale of tickets through which it offers its Users the “Ticket Purchase Service”.
Through the provision of the Ticket Purchase Service,
MALLORCATICKETS.COM acts only as an intermediary in the purchase and sale of tickets between users, being outside the contractual relationship established between the users among themselves. For these purposes, MALLORCATICKETS.COM offers a service to provide event organizers and the general public with a channel for acquiring such tickets, but at no time acts as an organizing entity or promoter of the event or show.
The Ticket Purchase Service will be referred to as the “Services”.
In order to use the Services offered on the Website and in the App, it is a necessary condition that Users are of legal age, so, with the acceptance of the following Terms and Conditions, the User states that he or she is of legal age, as well as as it has the necessary capacity to contract the Services offered on the Website and / or in the App.
In relation to the above, the User will be, in any case, responsible for the accuracy and veracity of the data provided to MALLORCATICKETS.COM through the registration form and reservation processes.
Those users under age who are interested in contracting the Services will require prior authorization from their parents or legal guardians.
2. TICKET PURCHASE SERVICE
MALLORCATICKETS.COM offers its Users a Ticket Purchase Service through which Buyers can acquire, quickly and easily through different media, tickets for the Events.
MALLORCATICKETS.COM, only, acts as an intermediary between the Organizers and Buyers in the sale of Event tickets, managing the distribution of tickets on behalf of the Organizers, so that at no time acts as Organizer of Events nor does it participate in any organizational aspect of said Events.
2.2. How to buy Tickets?
To buy tickets for the Events available on the Website or in the App, it is necessary to follow the following steps:
1. Select the Event to which the Buyer wishes to attend;
2. Once reviewed the information of the Event published by the Organizer of the same, choose the number of tickets of the Event that you want to buy and select “Continue”;
4. Enter the details of the payment method (credit or debit card) by which you want to pay the price of the tickets / s and select “Buy Tickets”. At this time, the Buyer confirms that the payment information entered is correct and true and accepts that MALLORCATICKETS.COM charges the Price of the ticket(s);
5. MALLORCATICKETS.COM will then send an email to the Buyer to the account that he / she has indicated on the Registration Form confirming the purchase of the ticket / s (the “Purchase Confirmation”). It is possible that the Purchase Confirmation is not received in the “Inbox”, since some Internet services detect it as spam, so MALLORCATICKETS.COM recommends the Buyer to review the “Junk Mail” in any case.
6. Once the Purchase Confirmation is received, the Purchaser can download and print his / her entry (s), where the information related to the event will be indicated (date, time, place of celebration, etc.)
2.3. ¿How to access the Event?
The Buyer will be able to access the Event by delivering the printed entry in the Event access where they will validate the entry with a list or with an electronic device that scans a unique code inserted in the entrance. Even if several copies of the entry are printed, only the first entry presented in the access will be considered valid. Therefore, access to the site will not be allowed, in any case, to those who subsequently try to access with the same entrance.
Access to the venue where the Event is held is subject to the access and exit policies established by the Organizer and / or by the owner of the venue where the Event is held, as the case may be.
2.4. Description Ticket Sales Service Conditions
1. The Tickets are issued in accordance with the rules and regulations of the venue and the Event Organizer which will be available to the Buyer at the ticket office of the venue. The infraction of any of said rules and regulations, or any other act that may cause damage, prejudice or injury, will entitle the Event Organizer to expel the Buyer from the premises;
2. The illegal resale of an entry or the attempted illegal resale constitutes sufficient cause for the seizure or cancellation of said entry without the right to reimbursement or any other type of compensation;
3. An entry may not be used for advertising, commercial, promotional, games, competitions or bets, without prior, express and reliable authorization of the Organizer and MALLORCATICKETS.COM;
4. The Event may be recorded for commercial and / or promotional purposes, so that the Buyers grant their consent by accessing the Event so that their image can be recorded and reproduced later with the aforementioned purposes as part of the public;
5. MALLORCATICKETS.COM does not participate in the organization of the Events, so it does not manage and is not responsible for aspects such as visibility conditions, acoustic quality, comfort of the premises, accessibility, access policies and exit from the venue, etc. They belong exclusively to the Organizer.
6. The Organizer is legally authorized to carry out the pertinent reviews and records to verify that the security conditions are met within the venue where the Event is held;
1. Any Ticket wrinkled, broken or showing signs of forgery will authorize the Organizer to deprive its bearer of access to the Event;
1. Neither MALLORCATICKETS.COM nor the Event Organizer are responsible for the loss or theft of the ticket;
2. MALLORCATICKETS.COM will be able to analyze and evaluate the possible fraud of the purchase of tickets, managing the “charge back” or withdrawal of payment to the Buyers of the tickets, if applicable, informing the Event Organizer of the pertinent actions.
3. 10.MALLORCATICKETS.COM may communicate to the Organizer the information it has about ticket sales operations of its Events and access statistics of Users to its Organizer Microsite, which will be subject to absolute confidentiality.
3. CHANGE AND RETURN POLICY
3.1. General Aspects
1. No changes or refunds of the tickets will be accepted, except in case of cancellation or suspension of the Event. Except as previously established, the User may not exercise the right of withdrawal or resolution, in accordance with the regulations in force regarding consumer and retail management.
2. The inability to attend an event or show or the commission of an error when making the purchase of the ticket (s) (for having incorrectly entered the email in the purchase process, for example) are not grounds for their return.
3. In accordance with current regulations on consumer affairs and the organization of retail trade, the Buyer may not exercise the right of withdrawal or resolution as the provision of services related to leisure activities is exempt from such right;
4. In case of suspension of the Event after more than half of it has elapsed, the Buyer will not be entitled to the refund of the Price of the ticket;
1. The bad weather conditions do not give right to refund of the ticket or the price of it;
1. In the event of any cancellation or change in an Event, MALLORCATICKETS.COM undertakes to (i) post it on the Website and the App in the Event section as soon as the Organizer has informed it, and (ii) send an email electronic to the Buyer at the address indicated on the Registration Form informing him of said cancellation or change;
3.2. Returns & Exchanges
1. Changes and refunds will only be accepted in case of cancellation of the Event, or in case the event is suspended within the term established by the Organizer;
2. Cancellations of Events or changes that occur after receipt by the Buyer of the Purchase Confirmation of the ticket(s), such as change of date, location, artists, are the sole responsibility of the Organizer, so that MALLORCATICKETS.COM, as distributor of the tickets, can only and exclusively cancel the tickets and, therefore, to the refund of the Price when it receives an express order from the Event Organizer;
3. In the event that the Organizer decides to return the Price, it will be refunded by MALLORCATICKETS.COM in the same payment method used for the purchase (credit or debit card, bank transfer, trustly or paypal), within the deadline of fifteen (15) business days from the date of the public communication of the cancellation of the Event;
MALLORCATICKETS.COM only acts as an intermediary between the Organizers and the Buyers in the sale of tickets for the Events, managing the distribution of tickets on behalf of the Organizers So that:
1. It will not assume any responsibility in the event that the Event is not finally held, and the appropriate claim must be addressed to the Event Organizer who, by accepting the Terms and Conditions, exempts MALLORCATICKETS.COM from any type of liability that may arise. arising as a result of said cancellation;
2. In the event that the purchase of tickets for any Event is made through the payment gateway of the Organizer (of which will be duly reported on the Website and in the App) and, therefore, the amount of the ticket will be paid in the bank account of the Organizer, MALLORCATICKETS.COM will not assume any responsibility derived from any claim received by the Buyers in relation to the refund of the amount of the ticket;
3. It is not responsible for the terms in which the Event is finally carried out. Claims related to the quality, the way in which the Event is developed or any organizational aspect thereof, should be addressed only to the Event Organizer;
4. MALLORCATICKETS.COM will be exempt from any liability that may arise from the unauthorized inclusion by the Organizer of the distinctive signs or domain names owned by MALLORCATICKETS.COM or any reproductions or mentions that include the name “MallorcaTickets.com” in any type of support that may be displayed in unauthorized public spaces;
5. The Website or the App may suffer technical failures or failures or collapses, so MALLORCATICKETS.COM guarantees that it will make its best efforts to resolve such incidents in the shortest possible time, although, in accordance with the provisions of section 8 of the Terms and Conditions, declines any responsibility in this regard;
6. For those Events that are considered massive, that is, in which a large influx of ticket purchases is foreseen, MALLORCATICKETS.COM reserves the right to establish virtual queues in order not to collapse the Website and the App.
5. USE OF THE WEBSITE AND THE APP
MALLORCATICKETS.COM can not guarantee, absolutely, that the services, features and functions of its Website and the App are available at any time and place, nor that the software and hardware used are completely free of errors.
In the same way, MALLORCATICKETS.COM can not guarantee the transmission of data free of faults, through third parties, especially the transmission through telecommunication networks and Internet providers. Consequently, MALLORCATICKETS.COM declines any responsibility for damages of any kind that may arise from the foregoing.
The User acknowledges and accepts that he uses the Website and / or App at all times under his entire risk and responsibility, so MALLORCATICKETS.COM is not responsible for the misuse or use contrary to these Conditions that may be made of the same.
Consequently, the Users will be entirely responsible for the correct use of the Website and the App in accordance with current legislation, whether national or international, as well as the principles of good faith, morals, good customs and public order, and with the commitment to diligently observe any additional instructions that may be given by MALLORCATICKETS.COM.
Users will refrain from using the services and contents of the Website and the App for illicit or fraudulent purposes or effects that are harmful to the rights and interests of third parties, or that in any way may damage, disable, affect or deteriorate the operation of the Website and the App, its contents and its services.
Likewise, it is prohibited to prevent the normal use or enjoyment of the Website and the App to other Users. The User shall be liable for any damages arising from MALLORCATICKETS.COM as a result of the misuse of the Website or the App or its use in breach of the Terms and Conditions.
MALLORCATICKETS.COM can not guarantee, absolutely, that the services, features and functions of its Website and the App are available at any time and place, nor that the software and hardware used are completely free of errors. In the same way, MALLORCATICKETS.COM can not guarantee the transmission of data free of faults, through third parties, especially the transmission through telecommunication networks and Internet providers.
Consequently, MALLORCATICKETS.COM declines any responsibility for damages of any kind that may arise from the foregoing.
In particular, MALLORCATICKETS.COM is not responsible for the potential damages or errors that, due to the presence of any virus, may suffer the computer system (hardware or software) of the Users when they access the Website, the App or the use.
In any case, MALLORCATICKETS.COM will only be liable for any damage that the User may suffer as a result of a malicious act, or manifestly negligent on our part, in relation to access to our Website and App, the provision of our services, as well as as the use of our contents, tools and functionalities.
However, MALLORCATICKETS.COM will make reasonable means available to the User so that the contents and services included in the Website and in the App are accurate and up-to-date.
If deemed appropriate, MALLORCATICKETS.COM may immediately suspend the provision of the service and, where appropriate, remove the contents it deems wrong or illegal, whether done in its sole discretion, and at the request of the affected third party or competent authority , without this suspension may give rise to any compensation.
6. LINKS TO THIRD PARTIES
MALLORCATICKETS.COM does not assume any responsibility derived from the links (links) that make possible, through the Website and the App, access to the User to services and services offered by third parties, provided that they are alien to the Website and the App. Therefore, MALLORCATICKETS.COM is not responsible for the information contained in them or any effects that may arise from such information. Likewise, MALLORCATICKETS.COM reserves the right to withdraw, unilaterally and without prior notice, the links that appear on the Website and in the App.
If any User or third party observes that such links may be contrary to the laws, morality or public order, MALLORCATICKETS.COM must be informed through the email info@MallorcaTickets.com.
MALLORCATICKETS.COM has subscribed agreements of integration with platforms of sale of entrances of third through which the Users can acquire entrances, with respect to which MALLORCATICKETS.COM declines any responsibility, reason why neither is responsible for the operation of the same ones .
7. INTELLECTUAL AND INDUSTRIAL PROPERTY
MALLORCATICKETS.COM is the owner or licensee of all intellectual and industrial property rights included in the Website and in the App, as well as the contents accessible through it.
The authorization to the User for access to the Website and the App does not imply resignation, transmission, license or total or partial cession of intellectual or industrial property rights by MALLORCATICKETS.COM, for which its use is strictly prohibited.
The intellectual and industrial property rights of the Website and the App, as well as the texts, images, graphic design, navigation structure, information and contents that are included in it are either owned by MALLORCATICKETS.COM or displayed on the same the exploitation rights necessary, in any form and, especially, the rights of reproduction, distribution, public communication and transformation, in accordance with the Spanish legislation of intellectual and industrial property rights.
The Organizers guarantee that they have been properly assigned or that they hold the ownership of all intellectual and industrial property rights and, where applicable, image rights, associated with the contents included in each of the Events that they create and publish in the Website or in the App and, in order to promote the same on the Website and the App, it gives MALLORCATICKETS.COM all the rights of exploitation of said intellectual and industrial property rights. The cession described will be considered carried out for everyone and without a time limit.
8. CLOSURE OF USER ACCOUNT AND SUSPENSION OF SERVICE
Also, MALLORCATICKETS.COM, may withdraw or suspend at any time and without prior notice the provision of the Services to those Users who fail to comply with the provisions of the Terms and Conditions.
9. MODIFICATIONS TO THE CONDITIONS OF USE
11. APPLICABLE LAW AND JURISDICTION
These Terms and Conditions will be governed and interpreted in accordance with Spanish law.
The Parties agree to submit, for the resolution of conflicts arising from their contractual relationship, to the courts and tribunals that are competent.
In compliance with the provisions of Directive 2013/11 / EU of the European Parliament and of the Council, of May 21, 2013, relating to the alternative resolution of consumer disputes, and Regulation 524/2013 of the Parliament and of the Council, of May 21, 2013, on resolution of online litigation in consumer matters, we inform all Users that may carry out their consumer complaints through the online online dispute resolution platform which can be accessed through the following link http://ec.europa.eu/consumers/odr/.