General conditions for ticket sales and access to Botanic Nights
These Conditions regulate the Sale of Tickets and Access to the Noches del Botánico festival organised by ICON MUSIC, SL. Y T TERCIOS SLY UTE, CIF U88346788 and CONCIERTOS DEL BOTÁNICO A.I.E.. C.I.F. V-88603477 hereinafter THE PROMOTER.
Tickets for Noches del Botánico are sold by the distributor Entradas Eventim, S.A.U. CIF: A81933772 from now on entradas.com, responsible for the online shop of the two authorised sales outlets www.nochesdelbotanico.com and www.entradas.com.
By accepting, the User declares that he/she has read, understands and comprehends what is set out herein and that he/she assumes all his/her obligations. If the User does not agree with the contents of this document, he/she must abandon the purchase process and may not access or use the services offered. Likewise, the User expressly and without exception accepts that access to and use of the aforementioned websites, their services and the contents of said services takes place under his/her sole and exclusive responsibility.
By purchasing your ticket for this event, you accept the rules and conditions of access dictated by the organisation of the event, always in order to ensure the safety and welfare of the attendees.
These Conditions shall be accepted by the parties without reservation, and may be modified at any time and without prior notice, it being the User's responsibility to read them when making a purchase or contract. The conditions in force at the time of conclusion of the contract shall be those applicable to you.
This electronic contract is concluded under Spanish law and specifically under the legal regime imposed by Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSICE) and by General Law 03/2014, of 27 March, for the Defence of Consumers and Users (LGDCU).
The electronic contract will not be archived by a third party and the language for its conclusion is English. The present general conditions can be stored and reproduced at any time by the user who makes a purchase through the options of his internet browser, and must be accepted before proceeding to the payment of the order.
Buying tickets for Noches del Botánico is very easy. We recommend that you buy your tickets online.
In this regard we inform you that the only official sales channels are:
● Our website: www.nochesdelbotanico.com
● The official website of our authorised distributor: www.entradas.com
We have a ticket office at the venue(Real Jardín Botánico Alfonso XIII de la Universidad Complutense de Madrid) so that you can buy your tickets physically, but this will be available only from the first day of the concerts, from the time the doors open, but there is always the risk that many of the concerts you would like to enjoy will be sold out.
Once the contracting process has been completed, entradas.com will send you an email with the details of the contract. You will be able to contact their customer service centre if you need a proof of contract or invoice.
IDENTIFICATION OF THE PROMOTER
Name or company name: ICON MUSIC, SL. AND T TERCIOS SLY UTE.
VAT NO: U88346788
Address: Paseo de la Castellana Madrid 114, 1 6 1 de Madrid 28046
Name or company name: CONCIERTS OF THE BOTANIC A.I.E.
Address: C/ Suelo de Quiñones nº 4, 1º-C, Madrid 28002
ACCEPTANCE OF THE GENERAL CONDITIONS
The purchase of a ticket for the Noches del Botánico festival represents the acceptance of the general conditions indicated below.
To gain access to the venue, all users must have a ticket. The ticket can be purchased at the official points of sale established for this purpose. Noches del Botánico does not guarantee the authenticity of the ticket if it has not been purchased at the official points of sale.
Each ticket gives the right and access to the concert for which it has been purchased, having to match the date and artist indicated on the ticket for it to be valid, allowing the user access to the venue.
During the concert days, a telematic access control system will be installed at the entrance of the venue, which will allow us to perfectly control access and capacity. This will also allow us to detect duplicate and false tickets.
Up to a maximum of 6 tickets may be purchased together. The registration of contact details for each assigned chair/seat (contact telephone number and e-mail) will be managed to ensure greater traceability in the management of information on early detection, control of sources of infection and epidemiological surveillance, in compliance with the provisions of the regulations on personal data protection, especially with regard to information and consent. Data will be stored for 4 weeks.
A few days before the concert, a reminder e-mail will be sent out indicating the time slot at which access is required. The access point to the venue will be indicated, with maps and the necessary indications to stay as little time as possible in the access queues and around the event, as well as in possible contact with other people.
The distributor entradas.com makes its web portal available to the user and integrates its platform with the festival's website for the sale of tickets, controls access to the event, carries out constant maintenance and its customer service team provides technical support to all users. In order to make all this possible, entradas.com charges a management fee that is reflected in your ticket to cover the costs of all these functions.
In case of loss or theft, tickets can always be reprinted by accessing the confirmation e-mail or by logging in with the username and password that must be created when making the purchase on the entradas.com website. Only if they have been purchased at the official points of sale.
Each purchase is associated with a print at home ticket, which can be printed as many times as you wish. However, it should be noted that each ticket will have the same code, with which you will only be able to enter the venue once.
It is therefore recommended that in case of theft or loss it be reported to the competent authorities.
If tickets are purchased from official sales outlets, you are guaranteed to receive support in the event of any incident, pay the original price and have access to the venue on the day of the event. Purchasing tickets from a non-official point of sale prevents the organisation and the distributor from being able to provide service in the event of any incident.
Resale is an offence punishable by law. The applicable state regulation is RD 2816/1982, which approves the Regulation of the Police of Public Shows and Recreational Activities, which in its article 67.2 prohibits the sale and resale of tickets. If tickets are purchased through a fraudulent website, it is most likely that the tickets are invalid or duplicated. Specifically, as far as the Community of Madrid is concerned, Law 17/1997, of 4 July, on public shows and recreational activities (LEPAR) contains the following prescriptions on resale: - It prohibits "the street or itinerant sale and resale" of tickets, seats and season tickets. Article 24.3 Consumer and user protection.
The purchaser assumes full responsibility if the ticket shows signs of forgery, duplication, breakage or manipulation. The organisers reserve the right to refuse access to the event to the bearer of illegible, forged, duplicated or illegally acquired tickets, and to take legal action, without the purchaser being entitled to any compensation or indemnity whatsoever.
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 competitions, giveaways and/or sweepstakes) associated with the ticket holder or third parties. These activities will be pursued with a view to establishing liability.
The distributor entradas.com accepts payment for tickets by Visa or Mastercard credit/debit card through its secure sales platform. Through this payment method, Noches del Botánico never collects or manipulates any customer data relating to their card number. All data is processed directly by entradas.com, so that Noches del Botánico can always offer the greatest security, transparency and confidentiality in the transaction.
Prices are expressed in Euros, and are valid except for typographical errors. In the event of a manifest error in the pricing 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. The corresponding taxes will be applied to the services offered.
Noches del Botánico reserves the right of admission. The Organisers will deny access to the venue if any of the following circumstances apply:
LEGAL CONDITIONS OF THE RIGHT OF ADMISSION:
The owners of the public establishment, the organiser of public shows and recreational activities, as well as the personnel dependent on them, are obliged to prevent the access of persons to the establishment and, where appropriate, the permanence of these persons in the establishment, in the following cases:
- Whoever carries weapons, or utensils of non-habitual use likely to be used as such.
- When the established capacity has been reached with the users inside the premises, enclosure or establishment.
- When the allotted time or closing time has been exceeded.
- Whoever seeks access to the establishment without having paid the entrance fee or the admission fee in those cases where this is required.
- Whoever is accompanied by animals, with the exception of guide dogs.
- Use of professional cameras, video recorders or sound recorders, except for accredited professionals for the event.
- When the person who intends to enter the establishment or who is inside it behaves in any way that is detrimental to social order in general or causes a nuisance to other spectators or users, or hinders the normal development of the show or activity.
- Anyone under the minimum age established for access to the premises or unaccompanied according to Law 17/1997, of 4 July, on Public Shows and Recreational Activities:
Article 25 Protection of Minors
1. It is generally forbidden for minors under eighteen years of age to enter and remain in special bars, as well as in nightclubs, dance halls, discotheques and similar establishments where alcoholic beverages are sold or where the consumption of alcoholic beverages is facilitated, except when live performances are taking place, in which case minors under sixteen years of age must be accompanied by their parents or guardians.
At the end of the performance, minors are not allowed to remain on the premises.
In particular, in the following cases:
- Whoever causes or intervenes in disturbances.
- Anyone displaying clothing or symbols that incite violence, racism or xenophobia.
- Anyone who displays obvious drunkenness and/or has consumed illegal substances.
- Whoever traffics in, consumes or possesses illegal substances within the meaning of the relevant legislation.
- Anyone who does not meet the minimum standards of personal hygiene and who, as a result, may cause a nuisance to other people.
- For security reasons it is not permitted to enter the premises with:
○ Motorcycle helmets, suitcases, large bags or rucksacks;
○ Drinks or food in containers made of metal, glass, ceramics, wood, or similar materials which can be used as projectiles;
○ Frozen packaging, which can be a blunt object;
○ Banners and/or flags inciting to violence;
○ Colognes in glass or metal containers;
○ Any kind of alcoholic beverages, as well as narcotic drugs, psychotropic drugs, stimulants or similar substances;
○ Selfie sticks, umbrellas, drones and laser pointers;
○ Cooler or bag with various food products;
○ Audio recorders, video recorders and/or SLR cameras, mirrorless cameras and any cameras allowing interchangeable lenses.
○ Weapons of any kind or any objects which could be used as such or devices dangerous to the physical integrity of persons, as well as firecrackers, rockets and all kinds of pyrotechnic articles which could produce noise or fire.
- In accordance with health recommendations and because we cannot know the origin and guarantee the disinfection of all food from outside, food and drink are not allowed on the premises.
- In order to contribute to guaranteeing the safety of the attendees, the festival's private security personnel may carry out, among other actions, identity checks or checks of personal objects at the entrance or inside the venue, in accordance with the provisions of Law 5/2014, of 4 April, on Private Security.
- The Organisers may refuse access or expel from the venue any user who fails to comply with these conditions or the instructions given by the Organisers' staff, as well as in the event that it can be rationally presumed that it will involve a situation of risk or danger for the user or other attendees, due to disorder or apparent or potential intoxication, with the user taking personal responsibility in all cases for their own actions and omissions that cause injury to third parties or damage to property.
RETURNS AND REFUNDS
Before purchasing tickets for Botanical Nights it is important that you are aware of the return and refund conditions.
Once the ticket has been purchased, in accordance with current consumer and retail trade regulations, the user may not exercise the right of withdrawal or termination, as the supply of services related to leisure activities is exempt from this right.
The user will have the right to a total or partial refund of the ticket price, not including the administration fees added to the ticket price during the purchase process, in the event that the festival is suspended or substantially modified, except in those cases in which the suspension or modification occurs once the festival has begun and is due to force majeure.
In the event of any case of total or partial refund of the ticket price, the user may request a refund within a period not exceeding fourteen (14) days from the date of public notification of the cancellation or from the time indicated by the organisation, by means of the technical processes established by the organisation.
The Organization, as the entity in charge of holding the event, may alter or modify the Festival programme only when this is necessary for the correct holding of the event, and especially when there may be changes in the schedule of performances or artists, with prior notice to the attendees; and, in any case, for duly justified reason(s) for reasons beyond the festival's control, such as, for example, but not limited to: the unilateral cancellation of the performance of any artist(s) by the artist(s), the unilateral change of day of the performance of one or more artists by the artist(s), due to the manifest impossibility of carrying out the performance of any artist(s) on the scheduled day due to circumstances beyond the Festival's control; all of 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, which will always be interpreted in accordance with the law.
In the event of any of the above-mentioned events or modifications, the Organisers will use their best efforts and will make every possible means at their disposal to adjust the timetable and to carry out the announced Festival programme.
The ticket price will not be refunded in the event of cancellation of the festival due to force majeure. Force majeure is understood to be that established by the Spanish Civil Code and the jurisprudence of the Spanish courts and tribunals and, in particular and without limitation, natural disasters, earthquakes, floods, labour disputes, strikes, war (declared or not), rebellion, hardship, shortage of or unforeseeable delay in the supply of raw materials or necessary goods, fires, explosions, emergencies, accidents, or breakdown of essential machinery, equipment or tools, action or omission of public services or the administration, sabotage, embargo, disturbances of any kind that seriously affect public order, epidemics or pandemics, any intervention or declaration by the Public Administrations (state, autonomous and local), health institutions or other bodies, both with regard to the prohibition or recommendation not to hold the festival, as well as any other event or impediment that does not allow or does not recommend the holding of the event referred to in these general conditions, as well as any unforeseeable, irresistible event, independent of the will of the organiser and beyond its control, and which also prevents the total or partial execution of the festival, and which cannot be overcome by the use of average diligence.
In the case of ticket refunds, we inform you that only the amount of the ticket will be refunded, including, among others, the management fees. Travel, accommodation or any other expenses related to the show that you have contracted on your own, are at your own risk, and no refund of these amounts will be possible in any case by the ticket seller and/or the promoter of the show. In the event of postponement or cancellation of the festival, and without prejudice to the rights recognised by these general terms and conditions, the organiser may offer you a compensation proposal that restores the reciprocity of interests of the contract and constitutes due and reasonable compensation.
In case of postponement, the promoter is not obliged to refund the amount paid. Tickets purchased will be valid for the new date.
If the cancellation is total, the Promoter will refund the amount of the ticket under the conditions that will be published in this same medium, with the exception of the cost of distribution, as this is a service provided by the sales channels at the time of the sale of the ticket. Under no circumstances will tickets be refunded if the cancellation occurs after the concert has begun.
Ticket sales are subject to Covid-19 regulations. Conditions may vary depending on the situation and health recommendations at the time.
Given the exceptional situation in which we find ourselves, in the event that the competent authority imposes or agrees a series of measures and limitations that force us to make changes to the dates of the event, or establishes new restrictions or increases in capacity 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 any modifications that may be necessary to comply with the law, This will be communicated in all cases to the purchaser of the ticket, who will have a period of 14 days from receipt of said communication to claim a refund of the ticket price, excluding administration costs, in the event of disagreement with the new conditions of sale.
Once the ticket has been purchased, a refund may be requested in the following cases:
- Change of concert date:
The refund of the tickets purchased can be requested once the email informing of the change of date has been received from the distributor entradas.com. In order to exercise the refund option, the buyer will have 60 days to request a full refund of the full amount of the tickets.
- Cancellation of the concert:
In case of cancellation, the tickets will be automatically refunded in full to the purchasers by the distributor entradas.com.
- Perimeter containment.
Refunds can be requested up to 48 hours after the concert date.
At the time of application, the purchaser must present the purchase reference number and proof of residence at the current address.
- Individual confinement by COVID.
Refunds can be requested up to 48 hours after the date of the concert.
At the time of application, the purchaser must present the purchase reference number as well as the documentation proving the containment obligation.
The purchaser may request reimbursement in the manner specified by the ORGANISER for each event and presenting the corresponding proof of purchase in the event of being required to do so.
On expiry of the period established above without the PURCHASER having requested a refund of the amount corresponding to the purchases made, it shall be understood that the PURCHASER has waived its right to a refund of any amounts that may correspond to them. Under no circumstances shall any refund be made beyond the established deadlines.
This year 2021 and taking into account the current situation, the ticket distributor has made available to the festival the "Check in" tool that manages the registration of contact details by telematic means, to ensure greater traceability in the management of information on early detection, control of sources of infection and epidemiological surveillance. Through this system, each time tickets are purchased, the details of the people attending the event will be requested, which will make it possible to register the identification of participants with contact information available to the health authorities if required, in compliance with the regulations on personal data protection, especially with regard to information and consent.
The organisation reserves the right of admission and will not allow access to the premises if the user presents obvious symptoms of COVID-19. Furthermore, if a user shows symptoms of infection caused by COVID-19 or is in isolation and quarantine due to a positive diagnosis of close contact, he/she will not be allowed to attend the cycle.
Access will be by time slots according to the seating areas and we kindly ask you to comply with these time slots.
The use of face masks and hydroalcoholic gels is mandatory at all times.
Please cooperate by respecting the safety measures and follow the instructions of the workers, as well as respecting the safety distance at all times.
It is forbidden to bring food or drink from outside.
COVID-19 PREVENTIVE MEASURES for ASSISTANTS
- If you have any compatible symptoms, please stay at home and DO NOT attend the concert. In the event that these symptoms appear during the concert, please contact any member of the Organisers, who will advise you on how to proceed.
- It is compulsory totake a temperature before entering the enclosure.
- Use of a protective mask, recommended FFP2, at at all times and in all areas. You may only remove your mask when you have a drink and for smoking in the areas set aside for this purpose, and then put it on again immediately.
-Keep a minimum safe distance of 1.5m from other people both in the queues and on the route to your location or in any traffic you are making or waiting for. Respect the signage on the ground and the recommendations that will be made through the screens and the public address system.
- Perform regular hand hygiene. There are sanitising areas throughout the premises.
-DO NOT engage in displays of affection and/or politeness that involve physical contact (shaking hands, kissing, hugging).
-Please respect the staggered arrival times, as well as the departure times set by the organisers to avoid crowds and queues. The evacuation at the end of the concert will be done in rows, following the instructions of the ushering staff and the public address system.
- The Accommodation Staff will escort you to your location. Please follow the directions given to you, and if you have any questions, please ask.
-Food and beverage service, payment shall be made by card or other means that do not involve physical contact between devices, avoiding, as far as possible, the use of cash.
-Remain seated in your seat at all times during the concert, making the minimum number of trips to the toilet.
The rules you are about to read are particularly relevant given the current health situation:
BEFORE ENTERING THE PREMISES, PLEASE:
- Check the exact point and time of access.
- Avoid crowds and arrive well in advance.
- Access will be staggered by sectors and zones.
- It is not necessary to print the ticket if you have bought it online.
- Have the download QR code ready before logging in.
- Follow the directions and routes established for the assigned access.
- Access with food and drink is not permitted.
- Accept the mandatory hygiene and prevention measures (temperature taking, hydroalcoholic gel and other measures taken by the organisation).
- Obligatory duty of care, protection and collaboration.
- No person with symptoms compatible with COVID-19 may enter or remain inside.
- Mandatory use of legally certified MASK. Preferably FPP2.
- MASK tight on nose, mouth and chin at all times.
- Maintain interpersonal safety distance.
- Minors must be admitted with their own ticket.
- You must comply with all instructions to ensure access.
DURING THE EVENT, PLEASE:
- Follow the established directions and routes.
- Remain seated without throwing anything.
- Limit inward movements at all times.
- Occupy only the seat assigned to you.
- Smoking is prohibited, except in designated areas.
- The consumption of food and drink is forbidden, except in the areas set aside for this purpose.
- It must comply with all instructions to ensure its permanence.
AT THE END OF THE EVENT AND DURING BREAKS, PLEASE:
- Try not to leave your assigned location until you are told to do so.
- The start will be staggered by sectors and zones.
- Avoid crowds after leaving the site or areas outside the site.
- You must comply with all instructions to ensure departure.
Thank you for your invaluable support, cooperation and understanding.
Animals are not allowed to enter and stay, except in the case of guide dogs.
ACCESS BY MINORS
If the child is under 16 years of age, he/she must be accompanied by his/her father, mother or legal guardian.
Parents or legal guardians are aware that there are displays of alcohol and tobacco-related brands on the premises.
The sale of alcohol is prohibited to minors and tobacco is not sold on the premises.
PERSONS WITH DISABILITIES (PMR)
A person with reduced mobility and disability is considered to be a person with a recognised degree of disability equal to or greater than 33%, whether physical, cognitive, intellectual or sensory. In order to certify this, it will be necessary to show the corresponding card at the door of the venue together with the ticket.
In compliance with current regulations, Noches del Botánico has 1% of its capacity reserved for people with reduced mobility, and only one companion is allowed so that there is more space for people with disabilities and reduced mobility to buy their ticket. The festival has reserved space for people with disabilities and people with reduced mobility. Tickets for this area are sold under the "Reduced Mobility" and "Reduced Mobility Accompanying Person" labels and are properly signposted at the venue.
For the purchase of tickets of this type, at this time, due to changes in the sales system, it will only be possible to purchase these tickets by e-mail. At the moment, telephone ticket sales are not available.
To do this, you must send an email to firstname.lastname@example.org to manage the purchase. Specify your full name, telephone number and the time you would like to be contacted by the sales agents. They will contact you and you will be able to make a secure purchase.
This procedure is followed because in many occasions some customers who do not need this type of tickets, buy them when the general seating capacity has been sold out.
The left-luggage service ensures that users' belongings are left safely. To enter the premises it is necessary to take into account the list of prohibited objects. Using this service will allow you to store all these objects and any others that you consider that the user does not need to enter the premises.
The cloakroom will be located at the main box office. It will be open from the opening of the doors until the end of the performances. The symbolic price is €2 and you must keep the ticket in order to collect the items. You will also need to identify yourself and give a contact telephone number.
In case of loss of the collection ticket, the customer must wait until the locker closes, after checking that there is indeed any garment/object similar to the one described, it will be delivered upon presentation of ID card or passport, having to fill out a document explaining what happened.
If you leave the venue without having collected the garment(s)/item(s) on the same day, you will be able to collect it the following day at the ticket office, during the normal opening hours of the left-luggage office. After 7 days from the end of the event, all unclaimed items will be handed over to a charity organisation.
ARTISTS' IMAGE RIGHTS
The attending public acknowledges and accepts that the Organisation holds and is the owner of all intellectual, industrial and any other property rights, including image rights, derived, directly or indirectly, from the artistic performances or any other that may take place on the occasion of the Festival, without territorial or temporal limitation, and without any limitation other than those stipulated in the current Intellectual Property Law. Consequently, it is strictly forbidden to capture, fix or record images or sounds without the prior written authorisation of the Organisers. The Organisers may expel any person who fails to comply with the aforementioned obligation without this giving rise to any right to a refund of the entrance fee paid.
IMAGE RIGHTS OF THE ATTENDING PUBLIC
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 authorises, 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 Festival and their subsequent dissemination by the Organisation or third parties authorised by it through any media, expressly consenting to the promotional and/or commercial use of the images captured.
Likewise, the attending public assigns to the Organiser, free of charge, the patrimonial content of the right to their own image, without temporal and spatial limitation, for its exploitation in any medium or by any form of communication, including their name in any type of advertising, promotion, publication (including Internet), or any other medium, including for promotional or informative purposes, as well as its exhibition in any medium and/or support. Under no circumstances may the attending public claim any economic amount from the Organisation derived from the exploitation that may be carried out of said images.
In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, you are informed that your personal data will be incorporated into automated processing whose purpose, by entradas.com. To manage your participation in the activities of the same, as well as to be informed of issues related to the festival. The data provided will be kept as long as you do not request the cessation of the activity. The data will not be passed on to third parties except in cases where there is a legal obligation. If you wish to exercise your right of access, rectification, suppression, opposition, limitation of processing and data portability, please send a letter (with proof of identity) to email@example.com.
As required by new European legislation, we inform users of the existence of a European dispute resolution platform for online contracting. Thus, for the resolution of consumer disputes (in accordance with 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