LEGAL TERMS AND CONDITIONS FOR “ONLINE” TICKET PURCHASES THROUGH THE WEBSITE
https://www.cruillabarcelona.cat
1. SCOPE OF APPLICATION
These general online ticket purchasing conditions (hereinafter, the “General Conditions”) apply to the Festival Cruïlla (hereinafter, the “Event”) advertised on the web portal hosted at URL https://www.cruillabarcelona.cat/ (hereinafter, the “Portal”) and set forth the terms and conditions governing the relationship between BALADA PRODUCCIONES, AIE (hereinafter, the ‘Promoter’), with Tax ID (CIF) V72873565, and registered address at calle Pujades, number 77-79, 2º 7a, 08005 Barcelona, Spain, and the user (hereinafter, the User) who purchases tickets online or uses them to attend the Event (hereinafter, the “Tickets”) through the Portal.
Prior to completing the online purchase of Tickets, it is essential that you carefully read these General Conditions, as such purchase implies their express acceptance by the User.
The contracting language will be determined based on the language chosen by the User on the Portal during the online Ticket purchasing process.
2. TICKET PURCHASING PROCEDURE
The Promoter makes available to the User through the Portal an online channel for the purchase of Tickets.
All information regarding the Tickets available at any given time, as well as their respective features, will be available on the Portal for the User’s review.
To complete the online purchase of Tickets, the User must select the type of Tickets, the date (where applicable), as well as the quantity of Tickets they wish to acquire. Depending on the quantity and type of Tickets selected by the User, the Portal will display the final purchase price of the Tickets (which will include VAT or other applicable taxes, as well as an itemized breakdown of management fees associated with the purchase).
Subsequently, the User must provide their full name and an email address where they wish to receive the corresponding proof of purchase and the acquired Tickets once the purchase process is completed, as well as any communications sent by the Promoter regarding the purchased Tickets.
Communications sent by the Promoter to the email address provided by the User shall be considered effectively notified to the latter; the Promoter shall not be liable for any consequences arising from inaccuracies in the email address provided by the User.
If additional data is required during the online Ticket purchasing process, it will be duly requested from the User during said process.
All personal data provided by the User will be processed in accordance with the privacy policy available at this link: https://www.cruillabarcelona.cat/politica-de-privacitat/ (hereinafter, the “Privacy Policy”).
To proceed with the online purchase of Tickets, the User must select the payment method they wish to use, and expressly accept these General Conditions as well as the Privacy Policy, with the option to opt-in to receive information and commercial communications from the Promoter.
To finalize the online Ticket purchasing process, the User will be redirected to the corresponding payment platform according to the selected payment method, and must follow the payment instructions provided by said platform.
Once the online Ticket purchasing process is completed, the User may not modify the features and conditions of the acquired Tickets; however, the User may access their user profile on the Portal using their credentials to modify only certain specific data regarding the acquired Tickets in accordance with the instructions provided by the Promoter on the Portal at any time.
3. USE OF TICKETS AND PROHIBITION OF TICKET RESALE
The Promoter is only responsible for Tickets purchased through the Portal and through sales channels authorized by the Promoter (club.vanguardia.com and feverup.com).
The resale of Tickets is strictly prohibited, as is any onerous legal transaction transferring the use or ownership of Tickets to third parties. In such cases, the Promoter reserves the right to cancel any Tickets subject to resale and/or onerous transfer without granting any right to a refund to the User, and to deny access to the venue to third-party Ticket holders. All of the above is without prejudice to the Promoter’s right to claim damages suffered as a consequence of the resale and/or onerous transfer of Tickets.
4. EXCHANGE AND REFUND POLICY
In accordance with Article 103.l) of Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense 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 leisure activities that provides for a specific date or performance period.
Therefore, once Tickets have been purchased by the User, the Promoter will not accept exchanges or refunds of the purchase amount.
The programming of Events consists of a variety of artists, bands, and performances, and the Promoter will make reasonable efforts to maintain it. However, in accordance with Article 6.2.c) of Law 11/2009, of July 6, on the administrative regulation of public performances and recreational activities, the Promoter reserves the right to alter or modify said line-up due to operational needs of the Event or for reasons beyond the Promoter’s control, without the User having any right to claim a refund of the amount paid for the Tickets.
Total or partial cancellation of the Event covered by the Tickets due to unforeseen circumstances or force majeure not attributable to the Promoter shall not give rise to a refund of the Ticket price, except in cases where legally established.
When applicable, the User may request a refund for the price of the Tickets within a maximum period of fourteen (14) calendar days counting from the date on which the cancellation of the Event becomes effective, and through the form and channels specified by the Promoter. In lieu of a direct refund, the Promoter may offer the User a substitute voucher or credit for entry to a subsequent event of similar characteristics to the original one at no additional cost; such an exchange will in any case be subject to acceptance by the User.
If the User does not accept the aforementioned substitute voucher or credit, the Promoter will proceed to refund the price of the Tickets paid by the User. Under no circumstances will any other costs or expenses be refunded, and the refund will follow the specific procedure established by the Promoter for this purpose.
No right to a refund of the Ticket price shall arise in cases where the suspension or modification of the Event occurs after it has already commenced 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, all elements and content of which are the exclusive property of the Promoter or of third parties who have legitimately licensed them to the Promoter. Consequently, and with the exception of uses strictly necessary to utilize 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 manner by the User is prohibited. Failure by the User to comply with this section shall entitle the Promoter to claim damages.
The acquisition and/or possession of Tickets, as well as access to and presence within the venues where the Event takes place, does not entitle the User or third-party Ticket holders to use the Tickets or their content for advertising, marketing, or promotional purposes (including contests, giveaways, and/or raffles) associated with the User, third-party Ticket holders, or other third parties. Such activities may be tracked on the Internet to determine any potential liabilities that may arise. Failure to comply with 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 assume any liability for, Tickets that have not been acquired through the Portal or authorized sales channels.
The Promoter shall not be liable for damages of any nature that may arise from temporary interruptions, lack of availability, or continuity of the operation of the Portal and/or services enabled through it due to causes beyond the Promoter’s control, nor for improper or inappropriate use by the User.
The Promoter is not responsible for services provided by third parties for the management and payment processing of Tickets purchased through the Portal, to the extent that such payment is carried out through an external payment gateway not owned by the Promoter.
The Promoter is not responsible for the content, legal terms, or privacy policies of third-party websites linked to from the Portal.
The User may use the Portal exclusively for personal purposes, in accordance with the guidelines and limits set forth in these General Conditions, and may not use the Portal for illegal, unlawful, unauthorized purposes, or those contrary to these General Conditions or harmful to the Promoter’s interests. Furthermore, the User shall be solely and fully responsible for all data communicated or transmitted to the Promoter through the Portal, as well as for ensuring its accuracy and currency.
The Promoter is not responsible for any loss or theft of Tickets. The User is responsible for safeguarding their Tickets and assumes all liability if Tickets are duplicated, photocopied, or forged.
7. TERMS AND CONDITIONS OF SERVICE
7.1. VENUE ACCESS AND STAY REGULATIONS
Access to and presence within the venues will only be permitted upon presentation of valid Tickets, which will be scanned for verification by the Promoter or by a designated third party managing and organizing the Event. Ticket holders must identify themselves with a national ID card (DNI) or equivalent official identification document if required at access control. Furthermore, Ticket holders must retain their Tickets throughout their stay at the venues.
In the case of Festival Cruïlla held at Parc del Fòrum in Barcelona, purchased Tickets will entitle the holder to enter and exit the venue starting from the time indicated by the Promoter and/or third party organizer, requiring Tickets to be scanned upon each re-entry. For Events held at other venues besides Parc del Fòrum (such as concert halls, arenas, or auditoriums), access and stay will be governed by the general regulations specific to each venue.
The Promoter reserves the right of admission pursuant to Decree 112/2010, of August 31, approving the Regulations for public performances and recreational activities. Furthermore, in accordance with applicable legislation, the Promoter reserves the right for authorized security personnel to conduct security checks on individuals entering the venue and their belongings (bag, backpack, and personal effect checks). The following are strictly prohibited inside the venues: – Bringing in drinks and drink containers. – Bringing in animals. – Bringing in DSLR/reflex cameras, video cameras, or professional photo, video, or audio recording equipment, such as tripods, among others. – Bringing in objects that may be deemed dangerous, harmful, and/or prohibited under current regulations. – The consumption of illegal substances/narcotics. – The sale of alcohol and tobacco to individuals under 18 years of age, in accordance with current law.
The Promoter may deny access to the venues if presented Tickets are damaged, torn, incomplete, or show signs of forgery, reproduction, resale, or similar issues. Furthermore, the Promoter will deny access or continued stay to: a) Persons displaying violent attitudes or publicly inciting hatred, violence, or discrimination based on birth, race, sex, religion, opinion, disability, sexual orientation, gender identity, or any other personal or social condition; persons acting aggressively or causing altercations inside or outside the venues; persons carrying weapons or objects that could be used as such; as well as persons wearing clothing, items, or symbols that incite violence or advocate activities contrary to constitutionally recognized fundamental rights. b) Persons showing signs of drunkenness or who are consuming drugs, narcotics, psychotropic or stimulant substances, or equivalents, and/or showing symptoms indicating their consumption. c) Persons failing to comply with health and safety instructions provided by the Promoter and/or Event organizer, or creating a risk/danger to themselves or others.
All persons entering and staying within the venues must strictly adhere to all safety rules, indications, and instructions provided by the Promoter and/or Event organizer at all times, as well as all applicable standard safety measures and precautions.
All persons entering and staying within the venues must comply with the venue access and stay rules established in these General Conditions. Non-compliance or improper compliance may result in expulsion from the venue without entitlement to any compensation, and without prejudice to any administrative or criminal liability that may apply.
7.2. MINORS
The rules governing access for minors to Festival Cruïlla at Parc del Fòrum in Barcelona are as follows:
Access for minors aged 0 to 13 years (inclusive) requires purchasing a specific “children’s” ticket, and they must be accompanied by a parent or legal guardian.
Access for minors aged 14 and 15 years requires purchasing a “general” admission ticket, and they must be accompanied by a parent or legal guardian.
Access for minors aged 16 years and older requires purchasing a “general” admission ticket; they may enter the venue unaccompanied by an adult without requiring any form of authorization.
Access for minors to concerts held at other venues outside Parc del Fòrum, such as concert halls, arenas, or auditoriums, will require purchasing a “general” admission ticket, and they must be accompanied by a parent or legal guardian in accordance with the age criteria specified above in Section 7.2.
Access for minors to any Event organized by the Promoter requires presenting the corresponding Tickets at entry control. Where adult accompaniment is required, the parent or legal guardian must show their ID card and family record book (libro de familia) or legal document proving their relationship to the minor. Both persons, where applicable, must carry valid official ID at all times in case the Promoter or Event organizer requests identity verification. Additionally, minors up to 15 years of age (inclusive) will be identified with a wristband that must be worn visibly at all times during their stay.
If the person accompanying the minor is not a parent or legal guardian, they must present a specific signed authorization from the parent or legal guardian, along with a photocopy of the authorizing person’s ID and family record book or equivalent legal document proving their relationship to the minor.
In all cases, the adult responsible for the minor must sign a liability waiver releasing the Promoter, which will be provided at the entrance and can also be downloaded directly from this link. The accompanying adult will be responsible for all actions and/or omissions of the minor during their stay at the venue.
The Promoter or Event organizer will provide minors with earplugs or headphones to reduce noise impact upon request by the accompanying adult.
7.3. PHOTOGRAPHY AND RECORDINGS
Unless prior, express, written authorization is granted by the Promoter, any filming, recording, or image capture inside the venues for non-private use—specifically for commercial, advertising, or similar purposes—is strictly prohibited. Should the User, third-party Ticket holders, or any attendee breach this obligation, they shall assume full liability toward third parties for the unauthorized capture and use of images within the venue.
7.4. IMAGE RIGHTS AND VIDEO SURVEILLANCE
The Promoter reserves the right to photograph and/or record the Event. By entering the premises, the User or Ticket holder acknowledges and agrees that their personal image may be captured via photographic, visual, or audiovisual media during their stay, and expressly grants permission, free of charge, for such media to be incorporated into informational and/or promotional materials for the Event and distributed indefinitely and without limitation. If the User or Ticket holder does not wish to authorize this use or wishes to request information, they may send an email to festival@cruillabarcelona.cat to withdraw authorization.
The Promoter or space manager may operate video surveillance systems across the venues to ensure the safety of individuals and facilities in accordance with applicable legal regulations.
7.5. COVID-19 REGULATIONS
To access the venue, all attendees must comply with health authority requirements in effect at the time of the Event.
Venue capacity, layout, and organization of attendees inside the premises will comply with measures set by competent authorities and applicable regulations.
Notwithstanding the above, the User acknowledges that attending the Event involves an inherent risk of exposure to Covid-19 and releases the Promoter from all liability in the event of Covid-19 infection.
Attendees experiencing health doubts or symptoms should not attend the Event and must follow health authority guidelines. If symptoms develop during the Event, attendees must immediately inform Promoter staff or Event organizers, who have established protocols for such incidents.
Failure to comply with these guidelines may result in expulsion from the venue without entitlement to compensation, notwithstanding potential administrative or criminal liabilities.
7.6. LIMITATION OF LIABILITY
The Promoter shall not be held liable for any loss, damage, costs, or expenses incurred by the User or third-party Ticket holders resulting from failure or improper compliance with safety guidelines or rules set by the Promoter or Event organizer.
The Promoter will not provide cloakroom services at the venues and shall not be held responsible for lost or stolen personal belongings, except where directly attributable to the Promoter’s fault.
Attendees are solely responsible to the Promoter and third parties for any damage or harm caused during their entry and stay at the venues.
7.7. PAYMENT SYSTEM
The Promoter may implement proprietary payment systems, such as cashless wristbands, during the Event, which will comply with current legislation. Payment system details will be communicated to the User prior to the Event.
8. QUERIES AND COMPLAINT FORMS
The Promoter provides a section on the Portal with useful relevant information. Users may also send queries or request official complaint forms by emailing festival@cruillabarcelona.cat. Complaint forms are also available at the Event venue and at the Promoter’s registered address.
9. SEVERABILITY OF GENERAL CONDITIONS
This document, accepted by the User, is stored electronically in the Promoter’s system.
If any provision of these General Conditions is declared null, void, or unenforceable by a competent authority, such invalidity shall affect only that specific provision. All remaining provisions shall remain valid, effective, and binding as if the invalid provision had not been included.
10. GOVERNING LAW AND JURISDICTION
These General Conditions are governed by applicable Spanish law, unless mandatory statutory regulations dictate otherwise.
For the resolution of any dispute that may arise from the contractual relationship between the Promoter and the User, the courts and tribunals of the city of Barcelona (Spain) shall have jurisdiction. This is without prejudice to the User’s right to claim or, as the case may be, to receive a claim before the courts and tribunals of their place of residence, in those cases established by applicable current legislation.
11. ONLINE DISPUTE RESOLUTION PLATFORM
If you purchased your ticket online and an issue could not be resolved directly by emailing festival@cruillabarcelona.cat, pursuant to Article 14.1 of Regulation (EU) No 524/2013 on online dispute resolution for consumer disputes, you may access the European Commission’s Online Dispute Resolution platform at: https://consumer-redress.ec.europa.eu/site-relocation_en