TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

MALLORCA LIVE OCCIDENT

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CLAUSE 1. GENERAL TERMS AND CONDITIONS. ACCEPTANCE.

1.1. These General Terms and Conditions of Contract shall apply to the sale of tickets and to the use of products and/or services of the Mallorca Live Festival, forming an integral part of the contract under which tickets to the said Festival are purchased.

1.2. The sale of tickets is expressly conditional upon acceptance of these terms and conditions, with the user declaring upon acceptance that they have read, understood and expressly accepted them before completing the purchase process.

1.3. If any of the clauses and/or stipulations of these General Terms and Conditions of Contract is found to be null or unenforceable for any reason, the remaining clauses shall remain fully valid and continue in force.

CLAUSE 2. GENERAL INFORMATION.

About the event organiser.

2.1. In compliance with the duty to provide information, users are hereby notified that the promoter and, therefore, organiser of the event is the entity MALLORCA LIVE MUSIC, S.L., registered address at Calle Maquinaria, no. 4, 1st floor, Postcode: 07011 (Palma de Mallorca), with tax identification number NIF: B16968091.

2.2. Without prejudice to the foregoing, users may contact the event organiser at the following email address: info@mallorcalivemusic.com, at phone number 690991134, or at the postal address indicated in the preceding section.

About the online distribution and payment platform.

2.3. The online distribution and payment platform is ENTRADAS EVENTIM SAU, registered address in Madrid, c/Serrano Anguita 8, 2nd left, and CIF no. A-81933772.

2.4. For these purposes, users are informed that when purchasing tickets or passes they will be doing so through an external payment platform owned exclusively by the distribution platform and therefore completely independent of the event promoter.

CLAUSE 3. TICKETS.

3.1. The official ticket sales channels for the Festival are:

1. https://mallorcalivefestival.com/tickets/
2. https://www.mallorcalivemusic.com
3. https://www.seetickets.com
4. https://www.entradas.com/

3.2. The organisation does not guarantee the authenticity of tickets not purchased through the official channels listed above, as purchasers may acquire duplicated or counterfeit tickets that would prevent access to the event. To this effect, users are informed that the organisation carries out electronic validation of 100% of the tickets presented at the point of entry, such that access will be denied to any person holding a ticket that has been previously validated or purchased outside the official channels.

3.3. Any ticket showing signs of forgery will authorise the organiser to deny access to the venue to its holder. The resale of tickets is expressly prohibited. Any illegal practice of ticket resale by the user shall entitle the organiser to claim damages as legally appropriate.

3.4. Once a ticket has been purchased, the user will receive an email together with the ticket they have acquired. In the event of any dispute regarding the email received, the user must contact the sender, i.e., the distribution platform, through the following contact form: atencionalcliente@entradas.com.

3.5. The event promoter does not accept responsibility in the event of loss or theft of a ticket.

3.4. Users are permitted to upgrade their purchased ticket, an upgrade being understood as an exchange for a higher-priced ticket for the same event upon payment of the price difference. To carry out this upgrade, it will first be necessary to purchase the new ticket. Once acquired, a full refund of the original ticket amount will be processed to the bank account of the card associated with the payment. For this purpose, the user must provide all purchase details and the booking references of both purchases by contacting the organiser via email, which must match the email address provided at the time of the original purchase.

3.4. Certain tickets are available at a discounted price or special rate. Users purchasing such tickets must demonstrate at the point of access to the venue, along with supporting documentation, that they are entitled to the selected rate or discount. Failing this, the applied discount shall be deemed invalid, with the organiser having the authority to deny access or permit entry upon payment of the difference between the discounted rate and the standard ticket price.

3.5. The official sales channels offer tickets for persons with reduced mobility (PRM) and persons with sensory diversity (PSD), located in specially designated areas of the venue. For this reason, access to any floor area of the venue is not permitted with crutches, walking sticks, wheelchairs, folding chairs, walkers, scooters or any other support device or similar equipment.

CLAUSE 4. RIGHT OF WITHDRAWAL. CHANGES AND REFUNDS.

4.1. Once a ticket has been purchased, the right of withdrawal shall not be applicable or exercisable, as it relates to a service connected with a leisure activity for which a specific date of performance has been set.

4.2. Notwithstanding the foregoing, the user shall have the right to request a refund of the ticket price in the following cases:

1. Total cancellation of the event prior to its commencement.
2. Substantial modification of the line-up, understood as the cancellation of one or more headline artists without the possibility of substitution by a comparable act.
3. In cases of cancellation or substantial modification of the event due to force majeure, a refund will be made, unless the force majeure event occurs once the event has already commenced. In the latter case, no refund shall be applicable.

4.3. In the event of cancellation or substantial modification of the event by the organiser, the purchaser may request a refund within a period of no more than fifteen days from the date of the public announcement of the cancellation, and must in all cases present proof of purchase.

4.4. The cancellation of events scheduled for one day shall not necessarily entail the cancellation of the remaining days of the Festival. For this reason, the user may not request a refund of tickets for days of the Festival that have taken place as planned.

4.5. Weather conditions that do not prevent the Festival from being held shall not give rise to a right of ticket refund. Adverse weather conditions that may lead to a cancellation shall be considered to be those of an extreme nature that could prevent the Festival from being held and make it impossible to guarantee the safety of attendees as well as the technical crew responsible for the stage setup.

4.6. As a general rule, refunds will not be accepted in cases where the user is unable to attend the event and/or in the event of an error in purchasing tickets.

CLAUSE 5. ACCESS TO THE VENUE.

5.1. Entry to the venue will require presenting the ticket so that it can be scanned by security staff. The ticket shall be valid only for the day specified therein.

5.2. For security or access control purposes, the user may also be required to present their national identity document (DNI) or any other official form of identification.

5.3. The entry and access of animals to the venue is prohibited, except for assistance dogs that have been individually trained to perform tasks for the benefit of persons with a physical, sensory or intellectual disability.

5.4. The organisation does not assume any responsibility in the event of loss or theft of a ticket.

5.5. The holder of the ticket is responsible in the event of duplication. It is the purchaser’s responsibility to keep the ticket safe and to prevent it from being duplicated. It is recommended not to publish the ticket on social media, not to print it from unsecured sites, and to keep it out of reach of third parties.

5.6. Only the first ticket presented and validated at the festival entrance shall be considered valid. Any ticket bearing the same code presented subsequently shall be invalidated.

5.7. The Organiser is authorised to refuse access to the venue and to expel the user from the venue if any of the following circumstances arise:

1. The ticket is incomplete, torn or shows signs of forgery.
2. The holder contravenes the instructions of the Organiser and the Organiser’s staff, such as the prohibition on access to restricted areas.
3. The holder displays violent behaviour or publicly incites hatred, violence or discrimination on grounds of birth, race, sex, religion, opinion, disability, sexual orientation, gender identity or any other social or personal condition or circumstance; and in particular, holders who behave aggressively or cause disturbances outside or at the entrance, those who carry weapons or objects that could be used as such, and those who wear clothing, objects or symbols that incite violence or constitute an apology for activities contrary to the fundamental rights recognised by law and the Constitution.
4. The holder is in possession of drugs, is trafficking in drugs, or shows signs of consuming or having consumed drugs or narcotic substances.

5.8. In any case, denial of access and the consequent expulsion from the venue shall result in non-refund of the ticket price, as well as the withdrawal of the payment wristband issued at the start of the event.

5.9. The exercise of the right of admission shall in no case result in denial of access to the holder on grounds of birth, race, sex, religion, opinion, disability, sexual orientation, gender identity or any other personal or social circumstance or condition.

5.10. Upon entering the venue, members of the public may be subject to a search in accordance with applicable regulations on public safety, public entertainment and recreational activities. Objects considered dangerous by the Organisation or prohibited under current regulations are not permitted into the venue.

5.11. Entry to the venue with food and beverages from outside is permitted, subject to the following conditions for reasons of safety and hygiene for all attendees:

1. Entry to the venue with one sandwich or equivalent item (sandwich, snack) per ticketed user is permitted, unless at the time of any eventual search it is confirmed that the items pose a safety risk to other users.
2. As a general rule, entry to the venue with food for medical purposes is permitted for users with diabetes, severe food allergies, or any other medical condition.
3. Entry with food for babies is permitted, provided it is properly sealed and labelled.
4. Entry to the event with pieces of fruit that due to their weight and composition could be used as projectiles capable of causing harm to other users is expressly prohibited, as is any other item that due to its excessive weight and composition could cause any of the harms already described.
5. Entry with food in Tupperware containers, regardless of material, that could pose a risk or danger to other users is expressly prohibited.
6. Entry with portable cool boxes, food storage items, cutlery and similar utensils, etc. is expressly prohibited.
7. Only non-alcoholic beverages in plastic bottles with a capacity of up to half a litre will be permitted. For security reasons, the cap must be removed from the bottle before access to the venue is granted.

5.12. Entry to the venue with one reusable cup per user is permitted, provided it meets the following specifications:

1. Material: hard plastic. Glass cups are not accepted for safety reasons.
2. Minimum capacity: 330 ml.
3. Maximum capacity: 600 ml.
4. Condition: The cup must be clean and in good condition, with no breakage or sharp edges.

5.13. The Festival organisation reserves the right to refuse access of cups that do not meet the above conditions. Users are also informed that within the venue they may purchase an official Festival reusable cup for a price of 2.- EUR. Furthermore, if the user returns the cup in good condition at the designated collection points, the full amount paid will be refunded.

5.14. Access to the venue will be authorised only from the time indicated on the ticket until the end of the Event.

5.15. The Organiser may deny access to or expel from the venue the ticket holder in the event of non-compliance with the instructions of the Organisation’s staff, as well as where it can reasonably be presumed that a situation of risk or danger is about to arise for the holder or other attendees, or due to apparent or potential intoxication. The holder shall in all cases be personally responsible for their own actions and omissions that cause injury to third parties or damage to property.

5.16. The user must retain their ticket until the end of the Event, and the Organiser may require them to present it in order to process any complaint submitted.

CLAUSE 6. EVENT PRODUCTS AND/OR SERVICES. PAYMENT METHODS.

General

6.1. All users of the Mallorca Live Festival will be provided with an interactive wristband, which will give access to a range of services within the venue.

6.2. Electronic payment service using cashless technology, which can be topped up at the festival either in cash or by credit/debit card.

6.3. These General Conditions govern the operation of the website service (mallorcalivefestival.com) and all its subpages (hereinafter the “Website”), which hosts the online registration service for the ticket. These General Conditions do not directly regulate the “RFID Services”, which are instead subject to the specific conditions and terms set by the Organisation and/or third parties.

6.4. The term “Service” shall hereinafter refer to any visit and/or use of the “Website” (providing the online wristband registration service).

6.5. By using the Service, the user acknowledges having read and accepted these General Conditions.

Content, availability, use and operation of the Basic Service.

6.6. Upon entry to the venue, the ticket will be exchanged for a cashless wristband with an RFID chip that will enable use of the general RFID Services.

6.7. In basic mode, the wristband will operate solely as a virtual wallet within the venue and as an access control device; the wristband will be unique, non-transferable and capable of providing the services described. Possession of the wristband only grants the user access to the services provided and regulated by the Organisation and their natural and inherent alternatives.

6.8. The payment mechanism for all services available to the user within the Festival venue (drinks, food, merchandising, etc.) will be operated through the wristband and its payment protocols. At the time of delivery of the wristband, it will be activated by the Organisation, and the User may then load funds onto it at the designated points within the Venue. Without prejudice to the foregoing, the Organisation will provide at least one specific bar point within the festival venue where attendees can make payments directly in cash.

6.9. Amounts loaded onto wristbands are non-transferable between different wristbands or users.

6.10. Tampering with, altering or counterfeiting any wristband will result in its automatic withdrawal from the user, with no refund of any loaded and unspent amounts, and the immediate expulsion of the person(s) responsible for or in possession of the wristband(s).

6.11. In basic use mode, no registration or verification of personal data will be required, except for age verification in cases where the Organisation requires it.

6.12. By entering the Venue and receiving and/or using the wristband, the user agrees to be aware of and to consent to the terms, uses and conditions of these Terms, and to comply with them and their application.

Content, availability, use and operation of the Full Service.

6.13. In full mode, in addition to the same uses and services identified above, the user will be able to take advantage of the options offered by the Organisation to wristband users who wish to register on the Organisation’s website “mallorcalivefestival.com”, such as payment via bank account or credit/debit cards.

6.14. This registration must necessarily be carried out through and following the instructions of the website’s system, enabling wristbands – both one’s own and those of others – to be loaded with funds via bank transfers through the payment gateways provided for this purpose.

6.15. Account creation, ticket registration and activation of the RFID Service. To use the general RFID Services, the user must validate their ticket via the website and receive the wristband at their home address, or alternatively validate the ticket at the Festival venue in the validation area. There, the ticket is exchanged for a wristband with an RFID chip that enables use of the general RFID Services.

To use one or more optional RFID Services or the full package, the user must register and link their ticket on the Festival’s official website: mallorcalivefestival.com. On that page, the steps for registration, account creation, ticket registration, acceptance of personal data processing, RFID service activation, electronic payment service activation, and wristband loading via credit/debit card will be indicated.

To activate the full functional capabilities of the wristband, the user must necessarily accept the terms and conditions applicable to the entire service at the time of registration on the website.

6.16. The Service may contain or refer to hyperlinks to other websites or third-party web pages. The Organisation does not have control over all content or other features of such websites or web pages, and the Organisation likewise accepts no responsibility for the content or features of such websites or web pages. Even if the Organisation adds a hyperlink to another website or web page, this does not imply that the Organisation endorses the content of that website or web page.

General terms of use of the Service

6.17. Only persons over 18 years of age are authorised to use the Service without supervision. Use of this service is at the user’s own account and risk.

The user declares to have read and accepted the following:

1. The user is not authorised to copy, duplicate, reproduce, sell, resell or exploit any part of the Service, use of the Service or access to the Service.
2. The user is not authorised to use any data collection method, screen scraping, robots or similar methods of data collection or extraction.
3. The user is not authorised to upload or transmit computer viruses, trojans, worms or any other destructive element.
4. The user is not authorised to modify, adapt, hack the Service or modify any third-party website to falsely imply that it is associated with the Service.
5. The user is not authorised to attempt to or effectively collect and/or use usernames, passwords, email addresses or other personal data from the Service for any purpose.
6. The user may not use the Service for any illegal or unauthorised purpose.
7. The user may not violate any law through use of the Service.
8. The Organisation reserves the right to modify or temporarily or permanently suspend the Service or any part of it, with or without notice and for any reason at any time.

Use of wristbands for minors.

6.18. All Festival attendees must wear an RFID wristband, which will serve as proof of entry and for capacity calculation purposes regardless of the holder’s age.

6.19. Persons under 18 years of age will be provided with a distinctive wristband that will limit their ability to purchase alcoholic beverages.

6.20. Persons under 18 years of age may only use wristband services in basic mode and may not extend the scope of the service through payments by card or bank account under the full package.

6.21. Persons under 16 years of age must be accompanied at all times by their father, mother or legal guardian, who must be the ones to load funds onto the minors’ wristbands.

6.22. At the time of access to the venue through ticket delivery or exchange, minors must – under penalty of being denied access to the Festival with no right to a ticket refund – submit to the Organisation a liability waiver document on behalf of the Festival, which can be accessed or downloaded from the official website or obtained at the venue entrance.

Refund of remaining balances.

6.23. Once the Festival has ended, users will be entitled to request a refund of the remaining balance on their wristbands. However, for security, operational and logistical reasons, refunds in cash will not be made within the venue or at the end of the event.

To recover any remaining balances on wristbands, the user must apply for a refund through the official designated form. Refund of the remaining balance will be made exclusively by bank transfer.

6.24. Users are informed that the cashless system allows the exact amount desired to be loaded, including non-rounded amounts.

6.25. Promotional amounts, free top-ups and bonus balances provided by the promoter as courtesy or as part of promotions shall not be refundable.

Copyright and other intellectual property rights.

6.26. All texts, drawings, photographs, footage, images, data, databases, software, names, trademarks, logos and other elements of the Service are protected by intellectual property law and belong to the Organisation or to third parties.

6.27. All databases on the Website are subject to database protection law, both in structure and in content.

6.28. The Organisation’s logo, graphics, button icons, scripts and service names are trademarks or trade names. They may not be used in connection with other products or services not belonging to the Organisation, in any way that could cause confusion, or in any way that disparages or discredits the Organisation. All other trademarks not belonging to the Organisation that are present or may appear on the Website are the property of their respective owners, who are not necessarily affiliated with, connected to or sponsored by the Organisation.

6.29. It is strictly prohibited to store, reproduce, modify, publicise, distribute, transmit or sell information and content provided on or through the Website.

Limitation of liability.

6.30. The user acknowledges and accepts that the Organisation cannot be and will not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of revenue, goodwill, use, data or other intangible losses (even if the Organisation has been advised of the possibility of such losses) resulting from:

• Malfunction, interruptions or errors in electronic service or information transmissions through the Website.
• Viruses that could, despite precautions taken, occur on the Website.
• Errors or negligence by employees.
• Fraudulent falsification of data by third parties due to unauthorised intrusion into the Website.
• Actions or conduct of third parties on the Website.
• Inability to use the Service.
• Unauthorised alteration, access to and processing of user data.
• For the use of RFID chips and their corresponding technology (including technical support), the Organisation will engage a specialist provider of cashless services.

CLAUSE 7. RIGHTS RESERVED BY THE ORGANISER.

7.1. Breach of any of the rules and regulations set out herein, or any action by the user that could cause harm, damage or grievance to the organiser or to other users, shall entitle the event organiser to immediately expel the user from the venue.

As a general rule, if a user leaves the venue, they will be denied re-entry unless a new ticket is purchased. In any case, the organiser reserves the right to permit a second entry in justified cases.

7.2. Provided that this is due to justified reasons or disputes arising from the organiser’s relationships with the artists themselves that are insurmountable for the organiser, the organisation reserves the right to alter or modify the programme and/or the date and schedule of the event.

7.3. Any complaint based on the alteration or cancellation of the event must be directed to the organisation together with proof of ticket purchase.

7.4. In the event that the organisation rejects a complaint submitted directly by a user, the user may turn directly to an alternative dispute resolution entity notified for this type of consumer dispute, in accordance with the provisions of the law transposing into the Spanish legal order Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013.

7.5. To this end, the user is provided with access to such entities, and the link to the European Union’s online dispute resolution platform is provided: Online Dispute Resolution | European Commission

7.6. For security reasons, in cases of force majeure, the organiser reserves the right to evacuate the venue fully or partially, to interrupt or halt the event, and even to retain users in the venue after the event has ended until the cause is resolved or safety is restored.

CLAUSE 8. PERSONAL DATA.

8.1. The online sale of tickets and of any other product and/or service related to the event involves the provision of personal data and, in some cases, banking details.

8.2. The event organiser guarantees that this data is provided in a secure environment. However, given that no security system is infallible, it is not possible to guarantee that these security measures are free from errors or that they are not subject to interference by third parties (hackers, among others). For this precise reason, the event organiser is exempt from any liability for any damages and/or losses that may arise from causes beyond the Festival and its organisation.

8.3. Users are advised that they have a duty to provide accurate, exact, truthful, up-to-date and legitimate personal data. The organiser assumes no responsibility for the provision of any incorrect or false data or data containing errors.

CLAUSE 9. IMAGE RIGHTS.

9.1. The event organiser holds all intellectual and industrial property rights over the artistic performances or acts that take place during the event, without any time or territorial limitation, and without any other limitation than those established by law.

9.2. Therefore, the publication or dissemination for commercial or advertising purposes of recordings of images or sounds of performances that take place during the event is prohibited. Only capturing images or recordings for exclusively private and personal use will be permitted.

9.3. For the purposes of Organic Law 1/1982 of 5 May on the civil protection of the right to honour, personal and family privacy, and one’s own image, you are informed that your attendance at the festival implies express consent and authorisation for the capture, reproduction, distribution and publication of your image, including for advertising purposes and through any medium, including electronic media.

9.4. The user is aware of and accepts that their image may be captured during the event through photographs, footage, recordings, as well as any other image, voice and/or name record, expressly authorising the organiser to record, store, disseminate, use and exploit such images themselves or through third parties, provided this is done for marketing and advertising purposes or in compliance with an order from the competent authority to ensure the security of the event.

9.5. To this end, the authorisation granted to the organiser to disseminate their images in the terms set out above is given freely, in full, without time limitation and free of charge.

9.6. The capture of the image, in any of the forms described, will in turn permit editing, transfer, deletion and any other modification, including recordings, footage, photographs, phonograms and texts.

9.7. The event organiser accepts no responsibility for promotional activities involving the use of the image and voice of attending users by third-party sponsoring or collaborating companies, the latter being solely responsible in all respects.

9.8. The event organiser reserves the right to transfer rights between companies within its own group for the purposes set out herein.

CLAUSE 10. MINORS.

10.1. The entry of minors to the Festival shall be governed by current regulations and in particular by the provisions of Law 7/2013 of 26 November on the legal framework for the installation, access and exercise of activities in the Balearic Islands, in accordance with the interpretation of that law set out in Consultation 2017-21-A of the Conselleria de Govern de les Illes Balears. To this end:

10.2. As a general rule, minors are permitted to access the venue with the following specific conditions:

1. Minors aged between 14 and 16 years inclusive may only enter the event when properly accompanied by the holder of parental authority (father or mother), legal guardian, or a properly identified adult authorised by the parents or guardians, who must ensure the minor’s physical and moral integrity at all times.
2. Minors aged 16 and above may access the venue with a written authorisation duly signed by the parents or guardians, which must be submitted at the event entrance by the holder of parental authority (father or mother), legal guardian, or a properly identified adult authorised by the parents or guardians.

10.3. All access authorisation forms for parents and legal guardians are available on the Festival website.

10.4. During their time at the venue, parents or mothers, legal guardians or properly identified adults shall be the sole persons responsible for the minors in their care and for any actions those minors carry out. To this end, upon accessing the venue it will be necessary to present the following documentation: national identity card, family record book, or birth certificate if the former is unavailable, passport, or any other document proving the parent-child relationship or guardianship of the minor. Each adult may have a maximum of three minors under their responsibility.

10.5. Children up to and including 5 years of age will have free access to the event, but must obtain a ticket at a cost of 0 EUR. From the age of six up to and including 11 years of age, they will receive a 25% discount on the full price of a general admission ticket; discounts apply to general admission tickets only. VIP or PREMIUM tickets will not carry a minors’ discount.

CLAUSE 11. APPLICABLE LAW AND JURISDICTION.

11.1. These terms and conditions are governed exclusively by Spanish law.

11.2. For the resolution of any dispute, the parties expressly submit to the Courts and Tribunals of Palma de Mallorca, as the place of performance of the obligation.