1.- Scope of application of these conditions 

This website or Web Store (hereinafter, the "Site") is owned and operated by ICON MUSIC, SL. and T TERCIOS SLY UTE (the "Company"), a company of Spanish nationality with registered office at Calle Suero de Quiñones, 4 - 1ºC of Madrid 28002y C.I.F.: U-88346788 and registered in the Special Register for Temporary Joint Ventures of the Ministry of Finance with registration number 2019UTE34670001P.

It is important to note that the Company (ICON MUSIC, SL. and T TERCIOS SLY UTE) is providing you on its own behalf with access to the Site and the use of the same to purchase tickets to public performances; but that THE TICKETS THEREOF WILL BE PURCHASED FROM JARDINES DEL BOTÁNICO, AIE with registered office at Calle Suero de Quiñones, 4 1º C. 28002, Madrid in Spain, with C.I.F number V56675168 and registered in the Mercantile Registry of Madrid, BOTÁNICO JAZZ, AIE with registered office at Calle Suero de Quiñones, 4 1º C. 28002, Madrid in Spain, with C.I.F. number V56697329 and registered in the Mercantile Registry of Madrid and, PARQUE JAZZ, AIE with registered office in Calle Suero de Quiñones, 4 1º C. 28002, Madrid in Spain, with C.I.F. number V56697212 and registered in the Commercial Registry of Madrid (the "Promoters" or "Noches del Botánico"), on whose behalf said tickets are sold, as well as the right of access to the corresponding event, which is organized by the Promoter itself. 

1.1.- Acceptance of the terms and conditions

By completing the Ticket purchase procedure in accordance with the provisions of the following clause 3 and generally by accessing, browsing and using our Site as a user, you agree that you have read, understood and agree to be bound by all of the terms and conditions set forth herein, including the privacy provisions (the "Terms" or the "Agreement").

1.2.- New conditions and Special Conditions

The Company may modify these Terms of Use at any time, effective at least three (3) days after they are first posted on the Site. In such event, we will post the modified Terms of Use on the Site and indicate at the top of the Site when the new version becomes effective. If you continue to use the Site after such modifications are made, you will have accepted the new Terms. If you do not agree to be bound by future Terms, do not continue to use the Site.

The term "Service" or "Services" shall mean access to and use of the content, products and services provided through the Site. Access to or use of certain Services (such as the purchase and sale of tickets for certain specific events) may be governed by specific terms and conditions or rules of use (the "Special Conditions") that may supplement or modify these Conditions, prevailing over them. The Special Conditions will be displayed in the appropriate section of the Site and if you use the Services subject to them, it will be understood that, in addition to accepting these Conditions, you accept the corresponding Special Conditions.

GIVEN ALL THIS, PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS, THE MEANS OF ENFORCING THEM AND YOUR OBLIGATIONS.

1.3.- Requirements for access to the Service

The Service is intended only for users fourteen (14) years of age or older. By using the Service, you warrant that you meet these requirements and understand that we may use contact information and/or any technical means, including cookies and IP address tracking, to verify that you do meet these requirements. In addition, you agree to cooperate with any such verification.

1.4.- Interpretation of these conditions

These Terms (in combination, if any, with the applicable Special Terms) constitute the entire agreement that the Company has with you in connection with the Service, and supersede all prior agreements between you and the Company in connection with the Service.

The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is declared void, the remainder of this Agreement shall remain in full force and effect and only that provision shall be excluded to the extent (and only to the extent) that it conflicts with applicable law.

These General Conditions are available at español.

2.- Purpose: Content and services of the website

2.1.- What does the web consist of?

The Site is a web page that informs about the development of the festival held in the Villa de Madrid under the name "Noches del Botánico".

Through it, the Promoter offers to the public the tickets that allow access to each of the concerts or public shows (each one, an "Event") that make up the festival called "Noches del Botánico". You can also subscribe to the Festival Newsletter.

2.2.- Services offered: Tickets for Events

The Company is responsible for sending the Newsletter to Newsletter subscribers and offers, on behalf of Noches del Botánico, tickets that enable attendance at the relevant Event (the "Tickets").

The corresponding file for each Event will show the main artist(s) performing at the Event, its essential characteristics, date and schedule. You will also be able to access the price for each type of Ticket with the corresponding VAT broken down and specifying which part applies to the price of the Ticket itself (Ticket that is sold by noches del botánico) and which part applies to the expenses or surcharge of distribution of the same (which compensate the Services provided by the Company). In this regard, the purchase of Tickets through the Site implies the payment of a handling or distribution fee for each Ticket, transaction fee for each order and/or any other supplementary fee applicable to the Event. Such fees and charges are non-refundable.

Prices are expressed in Euros. In the event of a manifest error in the price that appears in the service file, the price established for said service in the informative email that will be provided when the error is detected will prevail.

2.3.- Ticket and Event Access Conditions

To access the venue where the Event is held, all users must have their corresponding ticket. Noches del Botánico does not guarantee the authenticity of the ticket if it has not been purchased at the official points of sale. The tickets are not nominative, that is to say, they can be used by a person other than the one who appears on the document that provides access to the venue. It is not necessary for the name of the holder to appear on the ticket. 

Each ticket entitles the user to access the concert or event for which it has been purchased, having to match the date and artist indicated on the ticket for it to be valid and allow the user access to the venue. An access control will be installed at the entrance of the venue to detect duplicate and false tickets. The cost of using this Site and its connection with the ticket control is reflected in the distribution surcharge that you will pay to the Company when you purchase your Ticket. You must retain your ticket until the end of the Event and Noches del Botánico may require you to show it to process any claims you make.

Each purchase is associated with a print at home, which allows you to print the ticket as many times as you want. However, it should be noted that each ticket will have the same code, with which you can only enter the venue once. Therefore, it is recommended that in case of theft or loss, this should be reported to the competent authorities, even if the ticket is reprinted.

If specific seats are assigned at the time of Ticket purchase, both the Promoter and the venue operator reserve the right to exchange such seats for seats of equal value for any reasonable cause. Events may have a maximum number of Tickets to be sold to a single purchaser. In that case, if you book or purchase more than the maximum number of Tickets allowed per person, per card or per household, we may cancel the entire order or Tickets. The Tickets you purchase are for personal use only. Unless expressly agreed by us, no one may resell or transfer (or attempt to resell or transfer) the Tickets in violation of the applicable terms.

In the event of any breach of this condition, the Company or the Promoter shall be entitled to cancel the Tickets without prior notice, refund, compensation or any other liability whatsoever. Neither the Company nor Noches del Botánico shall be liable for any incident relating to the Tickets themselves in the event that they were not purchased from an official point of sale. REMEMBER THAT RESELLING TICKETS MAY BE A VIOLATION OF APPLICABLE LAW AND MAY RESULT IN THE FORFEITURE OF YOUR TICKETS. You assume full responsibility if the ticket shows signs of forgery, duplication, breakage or manipulation. Noches del Botánico reserves the right to deny access to the bearer of illegible, false, duplicated or illicitly acquired tickets, without the purchaser having any right to compensation or indemnification for this.

Noches del Botánico reserves the right of admission to the maximum extent permitted by law. Noches del Botánico will deny access to the premises to the user if: 

1. manifests an attitude that is violent, disruptive or publicly incites hatred, violence, or discrimination based on birth, race, sex, religion, opinion, disability, sexual orientation, gender identity or any other social and/or personal condition or circumstance and/or wears clothes, objects and/or symbols that incite violence or involve advocacy of activities contrary to the fundamental rights recognized in the law and the Constitution (in particular, if he/she behaves in an aggressive, violent, disruptive manner and/or causes disturbances outside, at the entrance and/or inside); and/or

2. carries weapons or objects likely to be used as such; and/or

3. presents symptoms of drunkenness, intoxication (apparent or potential) and/or of being consuming or having consumed drugs and/or narcotic substances; and/or

4. does not comply with the conditions for access by minors set forth below and/or, in general, does not comply with the access conditions set forth herein.

In no case shall access be denied on the basis of birth, race, sex, religion, opinion, disability, sexual orientation, gender identity or any other personal or social circumstance or condition.

It is not allowed to enter the enclosure with:

1. Motorcycle helmets, suitcases, bags or large backpacks;
2. Beverages or food in containers made of metal, glass, ceramic, wood, or similar materials that can be used as projectiles;
3. Frozen containers that may be blunt objects;
4. Banners and/or flags inciting violence;
5. Colognes with glass or metallic container;
6. Any kind of alcoholic beverages, as well as narcotics, psychotropic drugs, stimulants, or analogous substances;
7. Selfie sticks, umbrellas, drones and laser pointers;
8. Cooler or bag with various food products;
9. Audio recorders, video recorders and/or reflex, mirrorless and any other cameras that allow interchangeable lenses.
10. Weapons of any kind or any objects that could be used as such or artifacts dangerous to the physical integrity of persons, as well as firecrackers, rockets and all kinds of pyrotechnic articles that could produce noise or fire.

Food for individual use and self-consumption is allowed in the enclosure as long as its packaging respects the prohibitions mentioned above.

In addition, and in order to help ensure the safety of attendees, the festival's private security personnel may carry out, among other actions, identity checks or checks of personal belongings at the entrance or inside the venue.

The Promoter may deny access or expel from the premises the user who fails to comply with these conditions or the instructions given by the staff of noches del Botánico, as well as in the event that it can be rationally presumed that it will involve a situation of risk or danger to the user or other attendees, by disturbance or states of apparent or potential intoxication, the user being personally liable in all cases with their own actions and omissions that cause injury to third parties or damage to things.

Events are not the responsibility of the Company, but of the Promoter. The Company does not organize Events and has no liability whatsoever for any possible damage or loss of any kind occurring at or in connection with an Event (including loss, damage, theft or robbery of any personal property during an Event).

2.4.- Access for minors and persons with reduced mobility: 

Minors under 16 years of age may only enter the venue if accompanied by a responsible adult (parent or legal guardian) Minors under 5 years of age may enter without a ticket, as long as they do not occupy a numbered seat. This adult may accompany several minors as long as he/she is responsible for all of them. We recommend that each adult be responsible for a maximum of three minors. At the end of the Event, minors are not allowed to remain on the premises.

In order to certify the age of the minor, both the minor and his/her parents must carry the corresponding identification documents and proof of custody of the minor and show them together with the tickets. A person with reduced mobility is considered a person with a recognized degree of disability equal to or greater than 33%, whether physical, cognitive, intellectual or sensory. To certify, it will be mandatory to show the corresponding card at the door of the enclosure along with the entrance. In compliance with current regulations, Noches del Botánico has 1% of the capacity reserved for people with reduced mobility, and only one companion is allowed so that, in this way, there is more space for people with reduced mobility who can buy their ticket. The festival has reserved space for people with reduced mobility. The tickets for this area are sold with the designation "Reduced Mobility" and "Reduced Mobility Companion" and are properly signposted at the venue.

The purchase of Tickets of this type will require contacting Noches del Botánico at the contact email address provided below in Condition 8.3 specifying your full name of the purchaser, telephone number and the time you would like to be contacted by the sales agents. They will contact you so that a secure purchase can be made. This procedure is followed because in many occasions some customers who do not need this type of Tickets, purchase them when the general seating capacity is sold out.

2.5.- Event recordings and publicity uses

Possession of the Ticket does not entitle the Ticket holder or third parties to use the Ticket or its contents for advertising, marketing or promotional purposes (including contests, giveaways and/or sweepstakes) associated with the Ticket holder or third parties. Such activities will be pursued for the purpose of establishing liability.

All intellectual, industrial and any other property rights, including image rights, derived, directly or indirectly, from the artistic performances or any others that may take place on the occasion of the celebration of the Festival are reserved to their respective owners, without territorial or temporal limitation, and without any limitation other than those provided for in the current Intellectual Property Law. Consequently, it is strictly forbidden to capture, fix or record images or sounds without the prior written authorization of the Organization. The Organization may expel any person who fails to comply with the above obligation without this giving rise to any right to a refund of the entrance fee paid.

The public attending the festival may appear in images taken by different media for subsequent dissemination through any medium. The public attending the event expressly authorizes, free of charge, the capture and fixation of their image, voice and name in order to allow the maximum exploitation of the recordings that may be made during the celebration of the Festival and its subsequent dissemination by Noches del Botánico or third parties authorized by it through any media, without territorial or temporal limitation; and expressly consenting to a promotional and/or commercial use of the images captured. For these purposes, you assign to Noches del Botánico, free of charge, the patrimonial content of the right to your own image contained in this type of images or recordings, without temporal and spatial limitation, for its exploitation in any media or by any form of communication, including your name in any type of advertising, promotion, publication (including Internet), or any other means, even for promotional or informational purposes, as well as its exhibition in any media and/or support. In no case you can claim any economic amount derived from the exploitation of such images that could be carried out.

If a recording is made and you have any inconvenience in having your image captured, please contact a member of the Promoter's team present at the Event, so that he/she can give you the necessary indications to avoid being captured.

3.- Purchase procedure, payment methods and delivery of tickets

3.1.- Purchase procedure

Buying tickets for Noches del Botánico is very easy.

We recommend that you purchase your tickets online through this site (the only official sales channel). In any case, we also have a box office at the venue (Real Jardín Botánico Alfonso XIII of the Complutense University of Madrid) so you can buy your tickets physically, but this will be enabled exclusively from the first day that the concerts begin, from the time of opening of doors and most likely by then the tickets for many of the events you would like to enjoy will be sold out.

To proceed to the purchase of Tickets through the Site can be made by registered user as without registration. To register click on the button "register" enabled on the Site and fill in the data we ask you in this way you will not have to fill in your data again at each purchase. To access as a registered user you must identify yourself by e-mail and password. 

The registered User will be responsible at all times for the custody of his password, assuming any damages that may arise from its misuse, as well as the transfer, disclosure or loss of the same. 

To purchase Tickets through the Site, you must select the desired Event (if applicable, if repeated, the date of the same), the location of the seats, which in this case will be shown on the screen, number of tickets and price. Once you have selected these data, you will be able to add your selection to the shopping cart. You will have a number of minutes, shown on the screen, to finalize the purchase.

Before confirming the purchase, you must enter your name and surname, date of birth, email and optionally your zip code, mobile and gender, you must also accept these Conditions by ticking the box provided for this purpose on the form, which indicates the acceptance of these Conditions and the Privacy Policy on the processing of your data. If you do not accept both these Conditions and the Privacy Policy (the latter in order to ensure that you have read and understood) you will not be able to complete the purchase process. In addition to the above, your consent will be requested for any data processing that may be required, consent that you may or may not give at your sole discretion, without this preventing you from purchasing Tickets.

Afterwards, a summary of the purchase including the final total price will appear on the screen. Before proceeding to the payment gateway, you must select the payment method (debit/credit card) and click on the "PAY" button.

Once the purchase process of the Services/products has been confirmed, the payment gateway will appear on the screen, where you will be asked to fill in the fields to make the payment for the selected tickets.

In case the selected payment method is credit or debit card, you must enter the card number, expiration date and CVV code of the card and confirm the payment. Once you click on "Pay" a payment confirmation screen will appear.

ATTENTION: If you have made a mistake in the introduction of any data, from the same screen where you are, you will be able to erase it by introducing the correct data. If the mistake is on a previous screen, you will have to start the purchase process again by pressing the button that allows you to undo the action. THEREFORE, CHECK THAT YOU HAVE ENTERED THE DATA CORRECTLY BEFORE MOVING ON TO THE NEXT SCREEN.

If the purchase process is completed correctly, the purchase will be confirmed on screen, providing the reference number of the purchase. The reference number uniquely identifies the purchase you have made and is the way for Noches del Botánico staff to identify your purchase in case you have any questions.

In addition, you will receive a purchase confirmation email to your email address, detailing the specifics of your purchase along with a link to these Terms and Conditions. Unless otherwise stated in such email or in these Terms and Conditions, the purchase confirmation email cannot be used as a ticket to access the event. Tickets can only be downloaded from the confirmation screen and/or from the purchase confirmation email. Noches del Botánico is not responsible if you do not receive the order confirmation email because you did not enter your email address correctly.

Contracts are registered on the Company's platform, but as no user profile is required to make the purchase, if you want to access the records of your purchases you must write an email to the email address set out below in Condition 8.3. 

If you purchase tickets through a Registered User, you will be able to consult the history and/or status of the tickets purchased, modify your personal registration data, as well as your access password and contact the Site's customer service, among other actions.

Before finalizing your purchase or reservation, please read carefully all information related to the Event and/or Ticket. If you or any member of your party has special needs, please notify us at the time of booking and we will try to meet the requirements. We cannot guarantee that these can be met if notification is not given well in advance.

EACH TIME YOU INITIATE THE PROCESS OF PURCHASING PRODUCTS/SERVICES, YOU WARRANT TO US THAT: A) YOU ARE LEGALLY CAPABLE OF ENTERING INTO A SALES CONTRACT AND B) YOU ARE ENTITLED AND EMPOWERED TO USE THE ESTABLISHED MEANS OF PAYMENT.

In order to prevent fraud, the Company may make checks and/or request additional information from you (such as a copy of a credit or debit card statement) after you have made your reservation in order to verify your purchase. In case of suspected fraud, any Ticket or reservation may be cancelled.

3.2- Form of payment 

The Company accepts credit and debit cards (Visa, MasterCard), and, in general, all forms of payment shown or evidenced on the payment page referred to in Condition 3.1 above. 

All payment information is processed through a secure sales platform. Through this payment method, Noches del Botánico never collects or manipulates any data relating to your card number. All data is processed directly by the Company through its payment gateway and for the sole purpose of such payments.

3.3. - Delivery of tickets:

You will receive, together with the order confirmation email, a link to download the Tickets. The download of the Tickets can only be done from the confirmation screen and/or from the purchase confirmation email. Noches del Botánico is not responsible if you do not receive the order confirmation email because you have not typed your email address correctly. Each purchase is associated with a print at home, which allows you to print the Ticket as many times as you want.

In general, electronic access to the Tickets will be sent as soon as possible and, in any case, within the maximum delivery period (thirty days from purchase or, if earlier, at least five days prior to the Event). Only in those cases in which this is stated in the Event file, the link to the Tickets will be sent not at the time of purchase but within the indicated days prior to the Event.

Please always check your Tickets at the time you receive them and inform us promptly of any errors that may have occurred. Errors made by you at the time of purchase may not always be corrected and any corrections will only be made to the extent deemed reasonable by the Company and/or the Promoter.

4.- Obligations of the parties with respect to the Services

4.1.- Good faith

In general, both parties are obliged to comply with these Conditions, as well as to comply with the special warnings or instructions for use contained therein and always act in accordance with the law, good customs and the requirements of good faith, using the diligence appropriate to the nature of the service they enjoy, refraining from using the Service in any way that may prevent, damage or impair the normal operation of the same, the property or rights of the Company, its suppliers, other Users or in general of any third party.

4.2.- Company's Obligations

The Company will use its best efforts to ensure that access to the Web Site is uninterrupted and transmission is error-free. However, due to the nature of the Internet, we cannot fully guarantee this. In addition, from time to time access to the Website may be temporarily suspended or restricted for repair or maintenance, or for the implementation of new tools or services. We also cannot guarantee that the Service will remain available without interruptions or errors, among other reasons because to enjoy the Service you must have a sufficient connection to the telecommunications network, and such connection is not itself free of errors or interruptions. We will try, to the extent possible, to minimize the frequency and duration of each of these suspensions and access restrictions.

We do not warrant that the Service will be free from loss, corruption, attack, viruses, interference, acts of hacking or other security intrusions, which shall constitute circumstances of Force Majeure.

4.3.- User obligations

Being a user of the Site, not only implies access to some services, but also that its use is in accordance with the rules of courtesy and etiquette that you would apply in your real life. 

You are strictly forbidden to use the contents of any of the Services offered, to carry out any activity that may be considered illegal, immoral or contrary to public order. These prohibited activities include, but are not limited to, sending offensive, libelous or threatening communications; illegal access to third party computer systems(hacking); the dissemination of Trojans, computer viruses or software designed to cause damage(cracking) or obtain data from computer systems. In addition, you must assume the following obligations:

• Use the Site diligently and correctly. 
• Not to use the Site: (a) to carry out activities contrary to law, morality, accepted good customs or established public order and (b) for purposes or effects that are unlawful, prohibited or harmful to the rights and interests of third parties, and the Company declines any liability that may arise from the foregoing.
• Refrain from using the contents and services in any way that could damage, render useless, overload or deteriorate the Site or prevent the normal use or enjoyment of the Site and services by users. 
• Refrain from altering or manipulating the copyright notices and other data identifying the intellectual or industrial property rights of the Company or of the owners of the contents included in the portal, as well as the technical protection devices, digital fingerprints or any other instruments for the protection of the contents.
• Do not misrepresent your identity by impersonating any other person, such as impersonating a non-existent person.
• Our services are for personal, non-commercial use only. Therefore, you are not allowed to resell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce the content, information, software, products or services available on our website for any commercial or competitive activity.
• Use the Site for strictly personal, private and particular purposes. It is expressly forbidden for the user to authorize third parties to use all or part of the Site or to introduce or incorporate the services and products of the Site as their own business activity. 
• The use or application of any technical, logical or technological resources by virtue of which users may benefit, directly or indirectly, with or without profit from the unauthorized exploitation of the contents and/or services of the Site is expressly prohibited.
• Not to collect or store personal information about other users of the portal without complying with current legislation on data protection or make available to third parties, for any purpose, data collected from distribution lists.
• Not to make available to any third party or in any way transmit or disseminate any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the operation of any software, hardware or telecommunications equipment.
• To cooperate with the Company in the verification and clarification of any complaint about the breach of these Conditions or about any user conflict].

Intellectual property of the content, the web site and the content created by the user.

All content on the Site and all content available through the Service, including designs, text, graphics, images, video, information, applications, software and other files, and their selection and arrangement (the "Content"), are the exclusive property of the "Company" or its licensors, with all rights reserved. No part of the Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without the prior written consent of the Company. 

You may not upload or republish Site Content on any Internet, Intranet or Extranet site or integrate the information into any other database or compilation; any other use of Site Content is strictly prohibited. 

Use of the Site or the Content other than as specifically authorized in these Terms of Use, without the prior written consent of the Company, is strictly prohibited and will terminate the license granted under this Agreement. Unauthorized use may also constitute a violation of applicable laws, including trademark and copyright laws, and applicable communications regulations and rules. Except as otherwise expressly provided in this Agreement, nothing in these Terms of Use shall be construed to grant a license to any intellectual property rights, whether by estoppel, implication, or otherwise. This license may be revoked at any time without notice, with or without cause.

You may not, under any circumstances, establish links ("links") from any space accessible from the Internet to the Site, except with the express prior written consent of the Company. 

6.- Duration and right of cancellation

6.1.- Duration of the conditions and duration of each contracted service

On the one hand, the legal relationship with the Company derived from the access and use of the Site, as well as the Contents and Services incorporated therein, has an indefinite duration. Likewise, any of the parties may terminate or suspend this contractual relationship unilaterally at any time and without any cause other than their will to do so.

On the other hand, the legal relationship established with Noches del Botánico is of a single tract and is considered to be fulfilled with the delivery of the Ticket and the granting of the corresponding right to access the Event to which said Ticket corresponds.

6.2.- Non-application of the right of withdrawal

Although in general, as a user you enjoy, by law, a right to withdraw from the purchase of product/s under the terms provided in the Royal Legislative Decree 1/2007 approving the revised text of the Law of Consumers and Users (the "LCU"); in the case of the purchase of Tickets YOU DO NOT HAVE THAT RIGHT TO WITHDRAW FROM THE PURCHASE OF TICKETS, and this by virtue of the provisions of Article 103 l) of the said LCU, according to which the right of withdrawal of consumers, in the case of distance contracting (such as Internet contracting), does not apply to the "supply of [...] services related to leisure activities".] services related to leisure activities, if the contracts provide for a specific date or period of performance". 

6.3.- Returns and refunds

Notwithstanding the foregoing, you are entitled to a refund of the ticket price in certain cases provided for by law. BEFORE PURCHASING TICKETS FOR NOCHES DEL BOTÁNICO IT IS IMPORTANT THAT YOU ARE AWARE OF THE RETURN AND REFUND CONDITIONS.

Please note that ANY DECISIONS RELATING TO THE MODIFICATION OR CANCELLATION OF EVENTS ARE THE RESPONSIBILITY OF THE PROMOTER, NOCHES DEL BOTÁNICO. The Company does not guarantee that it will be able to inform you of all modifications or cancellations of any event, nor can it be held liable for refunds or any expenses incurred for travel, accommodation, any other goods or services or any other form of compensation.

It is recommended that you always check in advance that an Event is going to take place on the date, time and conditions foreseen.

You will have the RIGHT TO HAVE THE PROMOTER, NOCHES DEL BOTÁNICO, REFUND IN WHOLE OR IN PART THE AMOUNT OF THE TICKET, WITHOUT INCLUDING THE ADMINISTRATION COSTS ADDED TO THE PRICE OF THE TICKET IN THE PURCHASE PROCESS, IN THE EVENT THAT THE EVENT TO WHICH THE TICKET REFERS IS SUSPENDED OR SUBSTANTIALLY MODIFIED, EXCEPT IN THOSE CASES IN WHICH THE SUSPENSION OR MODIFICATION OCCURS ONCE THE EVENT HAS BEGUN AND IS DUE TO FORCE MAJEURE. Force majeure is understood to be that established by the Civil Code español and the jurisprudence of the Spanish courts and tribunals as well as other similar circumstances, such as, in particular and by way of example but not limited to, natural disasters, earthquakes, floods, labor disputes, strikes, war (declared or not), rebellion, hardship, shortage or unforeseen delay, shortage, shortage of or unforeseeable delay in the supply of raw materials or necessary goods, fire, explosion, emergency, accident or breakdown of machinery, equipment or essential tools, action or omission of public services or administration, sabotage, embargo, riots of any kind seriously affecting public order, epidemics or pandemics, any intervention or declaration of the Public Administrations (state, regional and local), health institutions or other organizations, both with respect to the prohibition or recommendation not to hold the Festival and/or Event, as well as any other fact or impediment that does not allow or does not recommend the celebration of the Event and/or any other unforeseeable, irresistible event, independent of the will of the organizer and beyond its control and that, likewise, prevents the total or partial execution of the Festival and/or the Event that cannot be overcome through the use of average diligence.

Unless otherwise provided at the time of the announcement of the cancellation and/or modification of the Event; to return the ticket you must request a refund within a period not exceeding fourteen (14) days from the date of public communication of the cancellation or from the time indicated by the Promoter, through the technical processes established by the Promoter; and if the refund is due to a change in the conditions of the show, the refund must be requested with at least three (3) working days notice prior to the date of the celebration of the Event.

Only the amount of the Ticket in the strict sense will be refunded (excluding the distribution cost, which compensates for a Service actually provided by the Company). Travel, accommodation or any other expenses related to the show that you have contracted at your own expense, are at your own risk, and no refund of these amounts will be possible in any case either by the Promoter selling the Tickets or by the Company through which this sale is made. In the event of postponement or cancellation of the Event, and without prejudice to the rights recognized by these general conditions, the organizer may offer you a compensation proposal that restores the reciprocity of interests of the contract and constitutes due and reasonable compensation.

The Promoter, as the entity in charge of the celebration of the Event, may alter or modify the program of the Festival when necessary for the correct celebration of the same, and in particular, with prior notice to the attendees; and, in any case, for duly justified reason(s) for reasons beyond the Promoter's control, such as, for example, but not limited to: the cancellation of the performance of any artist(s) by the latter unilaterally, the change of day of the performance of one or more artists by the latter unilaterally, due to the manifest impossibility of carrying out the performance of any artist(s) on the scheduled day due to circumstances beyond the Promoter's control; all this always in accordance with the provisions of current legislation and with respect to consumer and user regulations and, where appropriate, in accordance with these general conditions that will always be interpreted in accordance with the law. In the event of any of the aforementioned events or modifications, the Organization will make its best efforts and will use all possible means at its disposal to adjust the schedules and carry out the announced Festival program.

Liability: limitations

Anyone using this Site does so at his or her own risk. The Company is not responsible for any errors or omissions in the contents of the Site or other content that may be accessed through it. The Company shall not be held liable for any damages arising from the use of this Site, nor for any action taken on the basis of the information provided therein. 

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO HOLD THE COMPANY, ITS AFFILIATES AND SUBSIDIARIES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DEMANDS, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING FROM ANY CONTENT IN ANY THIRD-PARTY APPLICATIONS, SOFTWARE OR CONTENT. YOUR USE OF THE SERVICE OR THE SITE, YOUR CONDUCT IN CONNECTION WITH THE SERVICE OR THE SITE, OR ANY BREACH OF THIS AGREEMENT, ANY LAWS OR THE RIGHTS OF ANY THIRD PARTY. 

Therefore, to the extent legally possible, we (together with our officers, directors, employees, representatives, associates and suppliers or third parties connected to us) will not be liable for (a) any damage, financial loss or viruses that may infect your computer equipment, computer programs, data or other property on account of your access to, or downloading of content from, our website (b) any injury, destruction, loss, loss, claim, force majeure, accident, delay or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, without limitation, lost profits or savings) arising out of contract, negligence, strict liability or otherwise arising out of or in any way connected with: (i) the use of our Website or the content; (ii) any failure, delay (including the inability to use any component of our Website to access purchases); (iii) the performance or downtime of us or a supplier, even if we are advised that such damages will occur. The Company shall not be liable for any economic loss or damage suffered by you as a result of your accessing our Website, downloading content from our Website that is not covered by the preceding paragraph, except in the event that the damage is directly caused by the Company's negligence, in which case, liability shall be limited to cover damages directly caused in compliance with Spanish consumer law.

In no event shall these Terms be construed to exclude or limit (i) the liability of either party for death or injury caused by fault or negligence or which may constitute fraud; or (ii) your non-waivable rights as a consumer.

LEGAL WARRANTY: To the extent that the Tickets are considered digital content and/or other digital content is provided, you will enjoy a legal and non-waivable after-sales warranty of up to three years from the date of delivery of the product (which however will be extinguished before once the Ticket is used and its purpose is fulfilled), for the repair or replacement of the contents that were defective or non-conforming with what is set forth herein and with what is legally required; you may request a refund or a reduction in the price of the product when the replacement of the product has not taken place within a reasonable time or without major inconvenience to you (refund to be made within 14 days after we have been informed of your decision). Please note that when updates to digital content are provided, if you do not install the update within a reasonable time after it is made available to you, you may lose this right.

8.- Miscellaneous

8.1.- Privacy Policy

We are concerned about the privacy of our users. PLEASE CONSULT THE SITE' S PRIVACY POLICY (accessible here). 

By using the Services (subscribing to our newsletter or purchasing tickets), both the Company and the Promoter will be jointly and severally responsible for processing personal data in accordance with this Policy, which you must have accepted.

As further specified in the policy (which also details how to exercise your rights), your data will be processed in connection with the management of those Services you have contracted from the Company and/or to manage the relationship established with the Promoter when you purchase a Ticket; and we may transfer your data to companies within the same business group to which the Company belongs for the same purposes in accordance with which we collect or collect your data. In addition, we will disclose your data to the relevant authorities where such disclosure is required by law and some of the data provided, such as your image, may be made available to other third parties or the general public where this is implied by the use of such data (such as, for example, in connection with the recordings referred to in Condition 2.5 above).

You must inform the Company of any relevant changes to your contact details (such as email address), both before and after you receive the Tickets. Our preferred method of contacting you will be by email, so it is important to keep your email address up to date and remember that your email filter may treat our emails as spam or send them to junk mail.

8.2.- Cookies Policy

We use cookies in order to improve navigation and to allow our systems to recognize your device and to be able to provide you with our services. For more information about cookies and how we use them, please refer to the cookies policy of the Site (accessible here). In any case, the user has the possibility to configure his browser so as to prevent the creation of cookie files or to be warned of the moment when this happens from here.

8.3. - Contact and customer service. 

Para cualquier comunicación con la compañía que hayas de realizar conforme a las anteriores Condiciones o que desees efectuar, puedes (i) dirigirte a la página https://nsdb.co/ayuda o (ii) contactar con el Departamento de Atención al Cliente remitiendo una carta “a la atención del Departamento de Atención al Cliente” a la dirección indicada más arriba en la Condición 1 de este Pliego.

8.4.- Cases of Pandemic or equivalent force majeure

In the event of a pandemic, disaster and/or other equivalent situation such as Covid-19, the sale of tickets and the enjoyment of the right to access the site will be conditional upon compliance with any regulations that may be enacted (such as, for example, restrictions and/or sanitary measures), as well as any health or safety recommendations that may be issued.

In this case, you must cooperate with the measures indicated at all times and the Promoter may limit and/or condition the right to access the Event in accordance with the measures it implements in compliance with the above rules and/or recommendations. 

If the competent authority imposes or agrees to a series of measures and limitations that require us to make changes in the dates of the event, or establish new restrictions or capacity expansions that vary from those in force at the time of purchase of the ticket by the consumer and user, Noches del Botánico reserves the right to make all those modifications that are necessary to comply with the law, including but not limited to, the change in the date of the event, the variation in the allocation of the seat number or the type of ticket purchased, which will be communicated in any case to the purchaser of the ticket. To the extent permitted by applicable law at the time, the Promoter may propose and/or arrange compensation solutions other than the simple reimbursement of the ticket price (such as its exchange for another ticket at a later date and/or to be determined once the appropriate restrictions have been lifted).

8.5. - Applicable law and dispute resolution

By visiting or using the Site you agree that the laws of the state of español, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute that may arise between you and the Company and/or the Promoter or any of its group companies and/or entities, their representatives, officers and/or employees.

As required by law, we inform users of the existence of a European dispute resolution platform for online contracting. Thus, for the resolution of consumer disputes (pursuant to Art. 14.1 of Regulation (EU) 524/2013), the European Commission provides an online dispute resolution platform which is available at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=ES  

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