Preamble
By acquiring a ticket on one of the websites provided by Media BFace S.L. ("MBF"), you ("attendee") accept the following general terms and conditions for events attendees ("terms"). MBF offers its web-based services under various top-level domains, as well as under various sub-domains and aliases of these domains ("locoticket") to third parties. Locoticket offers private and professional organizers ("organizer") a web-based solution to organize events, meetings, conferences, virtual or similar events ("events"). Organizers can also register attendees, sell tickets, and allow invoicing over locoticket for these events. These terms shall govern the contractual relationship between the attendee, the organizer, and MBF, irrespective of which locoticket website the attendee uses. Only persons of age may use the services of locoticket.
Should the English version of these terms deviate from the Spanish language version, only the Spanish version shall apply and be binding.
1. Contracting parties, involvement of terms for organizers
1.1. By purchasing a ticket or registering for an event on locoticket websites, a sales contract is created solely between the relevant attendee and the relevant organizer regarding attendance at an event. MBF itself is not the organizer, but rather handles the processing of ticket sales on behalf of the organizer. MBF is therefore not liable for organizer insolvency or for the failure of an event.
1.2 It is possible that the organizer's own General Terms and Conditions may also apply for carrying out the event. MBF has no influence over this. It is the duty of the attendee to inform himself about possible existing terms of the organizer before acquiring tickets.
1.3. The attendee assures that they are of age at the time of registration, considering they are a natural or legal person.
2. Subject matter and conclusion of the contract
2.1. Information about events, amount of available tickets, ticket price and possible payment methods is only subject to guidelines specified by the organizer. MBF has no influence regarding this information. It is the organizer's duty to verify this information.
2.2. The organizer, with the provided information in clause 2.1, provides an offer for the conclusion of the purchase contract. By clicking the button "Acquire", the attendee accepts the offer for the conclusion of the acquisition contract. In order to accept the offer, the attendee is required to have filled out all the necessary fields (marked with a "*") and to have accepted these General Terms and Conditions. The attendee will receive a confirmation email immediately after the order and/or payment regarding the conclusion of the purchase contract. The attendee is required to inform MBF if they do not receive this confirmation email on time.
2.3. MBF has the right to cancel the purchase contract (ex parte right of withdrawal) if the attendee has violated conditions of the pre sale, which have been stated by the organizer or MBF. The declaration of withdrawal can also be provided implied by refunding the paid amounts.
3. Total price and payment arrangements
3.1. The total price for a ticket may exceed the stated ticket price. The price for a ticket is based on the price defined by the organizer. It will be displayed in the purchase process whether VAT is included or not. Depending on the agreement between MBF and the organizer, the transaction fees for the ticket purchase will be added to the ticket price and displayed separately in the shopping cart at the time of order.
3.2. Attendees pay all incurred international payment fees or exchange rate differences.
3.3. The total price of the tickets including all fees is immediately due for payment before receiving the confirmation email.
3.4. In case of payment via direct debit with insufficient credit bank balance, the attendee must indemnify MBF from all costs. The attendee might be required to pay up to 10 EUR for compensation. The attendee can however verify that MBF sustained minor or no damages.
4. Ticket shipment, loss, and complaints
4.1. Immediately after receipt of payment or after ordering (only for purchase on account), MBF shall send the ticket(s) to the attendee's address specified at the time of order (either e-mail address or postal address), except when otherwise stipulated (e.g. tickets will be held at the venue).
4.2. The ticket(s) will be issued according to the organizer's and venue's rules and regulations, which will be made available to the attendee at the venue's ticket office. Breach of any of such rules and regulations, or any other action that may cause harm, damage or injury, will entitle the organizer to deny the attendee entrance to the venue.
4.3. An incorrect ticket will be exchanged for a new ticket upon return of the incorrect ticket. It is the duty of the attendee to check the tickets after receipt and to organize a new and correct ticket if necessary.
4.4. Attendees can re-request electronic tickets at any time. They can also be obtained on locoticket event's webpage.
4.5. Tickets sent by mail that the attendee never received will only be resent if the attendee assures that the tickets were never received. MBF will provide a form for this assurance upon request.
4.6. Tickets sent by mail that become lost or destroyed will not be replaced.
5. Accessing the event
5.1. The attendee will be able to access the event by presenting the printed ticket at the event venue entrance, where the ticket will be validated by means of an entry control scanner.
5.2. In the event that several copies of the ticket are printed, only the first ticket presented at the access point will be deemed valid. This will thus be the one that is validated and no other person presenting the same ticket will be granted access afterwards.
5.3. Illegally reselling a ticket or attempting to do so will be deemed sufficient cause to seize or cancel said ticket with no right to refund or compensation whatsoever.
5.4. No ticket may be used for advertising, marketing, commercial uses, gambling, betting or contests without the organizer's prior, express and demonstrable consent.
5.5. The organizer reserves the right to refuse admission to the event.
5.6. The organizer is legally allowed to check and search for relevant items in order to ensure that the security and safety conditions within the event are met.
5.7. Any ticket that is wrinkled, ripped or suspicious of counterfeiting shall authorize the organizer to deny its holder access to the event.
5.8. MBF will not be held responsible for the loss or theft of any ticket.
6. Event conditions
6.1. The event may be recorded for commercial and/or marketing purposes, so that by entering the event the attendees agree to be portrayed as part of the public and to such portrayal subsequently being shown for the aforementioned purposes.
6.2. MBF does not take part in the event planning, so that it is not liable for any aspect such as the conditions of visibility, sound quality and comfort at the venue, accessibility, etc., which will fall within the sole competence of the organizer.
7. Refund of tickets, refund of purchase price
7.1. No ticket will be exchanged or refunded unless the event is cancelled.
7.2. Inability to attend an event or errors at the time of purchase will not constitute sufficient grounds for ticket refund.
7.3. According to current regulations on consumer rights and retail commerce, the attendee's rights to withdrawal or termination will be waived.
7.4. Once the first half of an event has taken place, the attendee has no right to refund of the price of the ticket.
7.5. Adverse weather conditions will not entitle the attendee to being given the ticket back nor to a refund of its price.
7.6. For any cancellation or changes made to an event, MBF agrees to send an electronic message to the attendee's address as provided in the Sign-up Form in order to inform them of said cancellation or change.
7.7. Event cancellations or changes that take place after the tickets have been acquired, such as a change of date, venue or artist(s), are the sole responsibility of the organizer. Hence MBF, as ticket distributor, will only be able to cancel the tickets and, therefore, refund their price whenever the organizer gives an express order to do so.
7.8. In case of event cancellation or postponement, the attendee has the right to return a purchased ticket according to legal guidelines as well as according to the agreements made between the attendee and the organizer.
7.9. If the attendee is entitled to a ticket refund, MBF will reimburse the paid amount for the ticket within 14 days after receipt of the returned tickets according to the agreement with the organizer if MBF has not already transferred the ticket revenues to the organizer
8. Information regarding the right of revocation
The responsibility about the instruction of the right of revocation lies with the organizer, since this is contract partner of the attendee with regards to the ticket purchase. Subject to change, the attendee is only entitled to the right of revocation in Spain if the following conditions are met.
• (i.) the event for which the ticket is purchased takes place at a specific time or within a specified timeframe and does not serve the leisure activities of the attendees,
• (ii.) the attendee purchases the ticket as a consumer and not for the purposes of their exercise of commercial or independent occupational activity and
• (iii.) the organizer organizes the event for the purposes of their commercial or occupational activity
9. Liability and guarantee
9.1. MBF is liable without limitation for any injury of life, body or health, based on a violation of duty by MBF, its legal agents or its vicarious agents.
9.2. MBF is further liable without limitation for any injury caused by MBF, its legal agents or its vicarious agents by intention or gross negligence, as well as for injuries caused by the absence of conditions guaranteed by MBF.
9.3. In case of breach of essential contractual duties with minor negligence, MBF's liability - except in the cases as stated in clause 9.1. - shall be limited to typical and foreseeable damages. Essential contractual duties shall be duties that must be fulfilled in order to enter into a contractual relationship.
9.4. Any further liability shall be excluded, in particular liability regardless of negligence or fault. MBF and its vicarious agents are not liable for any failures, regardless of type, caused by external events. These external events include, but are not limited to: blackout or failure of telecommunication system, blackout of power supply, or failure of hardware.
9.5. The statute of limitation for claims against MBF - except in the cases as stated in clauses 8.1. and 8.2. and / or the attendee being a customer- shall be one year.
10. Protection of privacy
By accepting these General Terms and Conditions the attendee also declares the following:
I ALLOW MY PERSONAL ATTENDEE INFORMATION (FOR EXAMPLE NAME AND COMPANY) TO BE PUBLICLY ACCESSIBLE AND DISPLAYED ON THE ATTENDEE LIST FOR THE EVENT TO EVERYONE. I CAN HIDE THIS INFORMATION AFTER ORDERING OR REVOKE THIS APPROVAL AT ANY TIME BY WRITING AN EMAIL TO MBF.
11. Final Provisions
11.1. Unless otherwise stated in these terms, the attendee may submit all notices to MBF by email using the email address provided on each of locoticket websites, or by letter or fax. MBF may send notices to the attendee by email to the address provided by the attendee at the time of acquiring the tickets.
11.2. For all ticket sales on locoticket websites, only these terms shall apply between MBF and the attendee. The attendee's own terms and conditions shall not apply.
11.3. Should any provision of these terms and conditions be or become invalid, the validity of the remaining provisions shall not be affected. The contracting parties are required to replace an invalid provision with a valid provision which in its regulatory content matches the intention and purpose of the invalid provision as closely as possible. This applies to contractual loopholes.
11.4. Place of performance shall be MBF headquarters.
11.5. Place of jurisdiction as far as legally permitted shall be MBF headquarters.
11.6. Spanish law applies to the exclusion of private international law and to the Spanish law assumed UN Convention on Contracts for the International Sale of Goods.