Términos del servicio
These general terms and conditions regulate the provision of the service provided by the platform called 24x7 Tickets, owned by the company Somethings Burning SL (hereinafter, “Somethings Burning SL”), a company registered in Spain, with tax identification number B6719236, with its registered office at Via Laietana, número 38, piso principal, in Barcelona, with telephone number +34 685230120 and email firstname.lastname@example.org and entered in the Barcelona Company Register, page B-133269, volume 46354, folio 105.
Our purpose is to make your shopping experience easy and safe so that you can purchase tickets for shows and/or experiences as quickly as possible and with full guarantees.
The platform called 24x7 Tickets is an online sales service, available 24 hours a day, where you can use the internet to purchase, directly from your computer, tickets for all kinds of events and shows, as well as different experiences.
Likewise, in this section you will find all the necessary information about the procedures that the user must follow to purchase a ticket or an experience, the terms and conditions, return policy, etc.
The user declares that he/she has the necessary legal capacity to act and contract via the website pursuant to the terms detailed hereinafter, which the user declares that he/she understands and accepts.
The user is responsible for supplying his/her correct details during the purchase procedures established on the website, paying special attention to the introduction of bank details and personal data.
A.- SPECIAL TERMS FOR SALE OF TICKETS
- GENERAL TERMS FOR SALE OF TICKETS
1.1 Somethings Burning, SL, is an international travel agent specialised in obtaining tickets for shows or events that are sold out or that are especially difficult to obtain. Through our broad network of contacts and suppliers, we are able to obtain tickets for practically any event held in any city in the world. All tickets are sold to the customer at the price set by the promoter plus the intermediation and handling fees of Somethings Burning SL or otherwise in tourist packages.
The “Promoter” or “Promoters” refers to the persons who organise or hold the event or show and/or who provide us with tickets and/or associated products or services for sale.
1.2 In addition to the sale of tickets that are difficult to obtain due to the importance of the event or because the venue is sold out, we also sell tickets based on the Promoters’ allocation thereof. The number of tickets made available to us for sale may vary from one event to another.
1.3 For certain events, tickets can be sold as an integral component of a “tourist package”, which is when the product is sold together with concessions, promotional items and other value added benefits, such as, for example, exclusive seats, accommodation, transport, meals or promotional items as an all-inclusive package at an all-inclusive price.
1.4 In these Special Terms on the purchase of tickets, what we call “Articles” are all kinds of products and/or services that we offer for sale (either tickets or tourist packages). To purchase an article, the user must be at least 18 years of age and have a valid credit/debit card issued in their name.
1.5 The user declares that he/she is of legal age (+18 years) and has the necessary legal capacity to purchase the services offered by the suppliers on the website, pursuant to the terms as described herein, which he/she understands and accepts.
In the case of purchases by minors, authorisation is required from their parents or guardians in order for the former to be able to make use of the contracted service. The user is the sole party liable for the correctness and accuracy of any data provided to Somethings Burning, SL, during the booking procedure.
1.6 In conclusion, this Website serves for the online sale of tickets for all kinds of cultural or sporting events that are held both in Spain and abroad. It specialises in events that, due to their importance or social repercussion, are more difficult to obtain.
1.7 Any purchase of an article from our website is regulated by these General Terms of Purchase.
1.8 The contract for the purchase of an article commences when a purchase is confirmed and ends as soon as the event for which it was purchased concludes. All purchases are subject to payment card verification and performance of any other security checks. Any operation may be cancelled if the corresponding verification procedure is not passed.
1.9 The user agrees not to obtain or attempt to obtain any kind of Article by means of the unauthorised use of any robot or other automated device or any other illegal or unauthorised activity. Somethings Burning, SL, reserves the right to cancel any operation that is suspected of having been performed in breach of these requirements, without the need for any prior notice, whereupon any articles that may have been acquired by means of that operation shall be deemed void.
1.10 Consequently, Somethings Burning, SL, reserves the right to cancel bookings if there is a reasonable suspicion that they have been made fraudulently.
Pursuant to the terms and conditions of this legal notice, as well as the General Contracting Terms, Somethings Burning SL reserves the unilateral right to temporarily suspend or permanently terminate the provision of services via the Website, as well as to temporarily or permanently suspend the website service.
Somethings Burning SL reserves the right to unilaterally modify and at any time the system that users use to access the website.
- Purchase of tickets.
To ensure that tickets can be purchased quickly and easily, we offer sales via our website, meaning that the user can avoid queues, and can purchase tickets that are sold out at any other point of sale.
- Delivery of tickets
Somethings Burning SL shall act with due diligence to make the documentation and tickets purchased available to the user in a timely manner.
Ticket delivery shall depend on the type of ticket, which shall be defined by the event organiser:
- E-tickets: These shall be sent to the customer’s email up until the day of the event
- QR tickets: These shall be sent to the customer’s mobile phone up until the day of the event.
- Physical tickets: These can be sent to the customer’s hotel in the city where the event is being held or to a collection point as established by Somethings Burning SL. In the event that the tickets are available sufficiently in advance, they may be sent to the customer’s home address.
Tickets for all types of events are subject to availability. Due to the nature of our work, tickets may not be delivered until the day of the event. In the event of purchasing several tickets for the same event, we cannot guarantee that they shall be located together, not even in the same row or section.
In whatever case, Somethings Burning SL shall not be held responsible for any lack of delivery caused by the supply of incomplete or erroneous information by the User or in any case of force majeure.
The following shall be regarded, merely for illustrative purposes, as examples of force majeure that are beyond the control of Somethings Burning SL:
- Unforeseen and irremediable deficiencies in the internal functions of the service provided by the Sociedad Estatal de Correos y Telégrafos (Spanish postal service) or other courier or transport services used by Somethings Burning SL, notwithstanding the fact that Somethings Burning SL shall make its best efforts to ensure that the delivery can be made in a timely manner.
- Theft or deterioration of the tickets purchased that occur during the delivery procedure due to unforeseeable causes and that are beyond the control of Somethings Burning.
- Adverse weather conditions: weather conditions may affect travel to or from the event site, as well as cause postponement or cancellation thereof.
In the event that the customer chooses the option of collection at a given point or ticket office, it is the sole responsibility of the customer to appear in person at the said point or ticket office within a period of 2 hours prior to the event and be able to provide suitable, unexpired identification.
It is the sole responsibility of the customer to comply with the terms and conditions of the venue where the event is held, such as the dress code.
- Payment methods
All ticket purchases made via our website must be paid by credit or debit card.
The ticket sales system uses a secure server and the latest encryption technology.
- Ticket prices
The price of the tickets shall be that set by the promoter of the event or show, plus the amount corresponding to Somethings Burning, SL’s commission for handling and intermediation.
In whatever case, the full amount of the ticket price shall be detailed next to the advertisement, and also at the moment of purchasing the product.
Please note that the price that appears on the ticket is usually its face value and not the purchase price. Customers shall not be entitled to a refund for having paid a price higher than the face value of the ticket.
- Event times
1.11 The dates and times of the advertised events are subject to change.
1.12 Tickets are sold notwithstanding the Promoter’s right to modify or vary the schedule due to events or circumstances reasonably beyond its own control, without any obligation to reimburse amounts or exchange tickets.
1.13 In relation to sporting events, the date and time of fixtures is confirmed by the corresponding National Federation between 10 and 5 days before the event. Until that time, the dates and times of the fixtures published on the website may change.
It is the user’s responsibility to know the exact date and time of a fixture. One purchases a ticket for a particular fixture, but not necessarily for a specific date. Customers can check the press and local websites or official competition websites to find out the exact time.
1.14 It is the user’s responsibility to obtain transport to and from the venue where the event is being held in order to guarantee attendance thereof.
1.15 The promoter is the sole party responsible for visibility conditions, sound quality, seat comfort, accessibility, etc. at the event or show venue.
1.16 In the event of cancellation or change of date of an event or show, we shall use all the means that are reasonably within our reach to notify you of the cancellation or modification as soon as we receive the corresponding authorisation from the Promoter. In whatever case, Somethings Burning, SL, undertakes to publish this information on its website as soon as it becomes aware thereof, for the purpose of keeping users duly informed.
- Impossibility of obtaining tickets.
1.17. Should it be unable to obtain tickets of the characteristics requested by the customer, Somethings Burning SL reserves the right to obtain tickets of the immediately superior or immediately inferior category (with due reimbursement of the proportional part of the price) depending on availability or to cancel the order with no obligation other than to reimburse the amount paid.
1.18 Somethings Burning SL shall make every effort to obtain tickets as requested, but does not guarantee or accept liability for, in any way, the effective obtainment or not of such tickets from the promoter or organiser of the event. In circumstances where tickets are not obtained, the only obligation of Somethings Burning SL shall be to return any amounts paid for tickets that could not be obtained.
1.19 If the ticket is obtained by Somethings Burning SL and, subsequently, some form of suspension or cancellation of the event occurs, this shall be the sole responsibility of its promoter or organiser, as stated herein. Somethings Burning SL shall only undertake to reimburse the amount paid for the ticket.
1.20 A purchased ticket corresponds to an event, not a specific date. It is the customer’s responsibility to check the exact date of each event. A change of date does not oblige Somethings Burning SL to reimburse the amount paid for the purchase.
1.21 Once a ticket has been purchased, the user shall not be entitled to cancel his/her purchase.
1.22 Once a ticket has been acquired, the amount paid shall not be exchanged or reimbursed, except for the causes provided for in applicable law.
1.23 Being unable to attend an event or show or making an error when purchasing a ticket are not sufficient cause for paid amounts to be reimbursed.
1.24 The user shall not be entitled to exercise any right of withdrawal, pursuant to current regulations regarding consumer affairs and the regulation of retail trade.
1.25 Should the event and/or show be cancelled without any modification of the event date, Somethings Burning, SL, shall proceed to reimburse the amount paid for the ticket, including the corresponding handling fees.
Somethings Burning, SL, as a distributor, may solely and exclusively cancel the tickets, and hence reimburse the amount paid when it receives an express order from the promoter of the event and/or show that the event has been cancelled, date has been changed, etc.
- Admission and attendance
1.26 The venue reserves the right to refuse admission in the event of non-compliance by users with any of the terms and conditions for the event or as determined by the promoter. The venue shall sometimes be obliged to make security-related checks in order to guarantee customer safety. The ticket or tickets is/are issued pursuant to the rules and regulations of the venue and of the Promoter of the event.
All the details regarding the foregoing shall be made available to the user at the venue’s ticket office. Any breach of these rules and regulations, or any other action that could cause damage, harm or injury, shall entitle the venue or the Promoter of the event to evict the user from the venue. In whatever case, Somethings Burning, SL, recommends and refers the purchaser to the regulations set forth in each case and for each event, and shall in no way be held liable in this regard.
1.27 Should the user arrive late to the event and it has already started, entrance cannot be guaranteed. Whether or not the customer shall be granted permission to enter the venue shall depend on the venue and the promoter. Somethings Burning, SL, is exempted from all liability in this regard and shall be under no obligation to reimburse any amounts paid.
1.28 Depending on the event, unauthorised use of photographic and/or recording equipment may be forbidden. Photographs, videos and/or recordings may be destroyed or deleted. Laser pens, mobile phones, dogs and the customer’s own food and beverages may also be prohibited.
1.29 All users who have purchased a ticket thereby issue their consent to the recording of images and audio as a part of the audience at the event.
L.- Additional notices
- Please verify that the details printed on the tickets are correct, as errors cannot be corrected at a later date.
- Obtaining tickets for events for which tickets are sold out implies a series of handling costs for Somethings Burning SL that shall necessarily be reflected in the price that the customer must pay. Complaints about pricing shall not be attended to after the event has been held.
- For security purposes, at some events, the official club or organiser thereof requires us to provide personal information about the attendees. Somethings Burning SL reserves the right to request such documentation from all persons attending the event during the purchase procedure via the website or in subsequent communications.
- In the case of fixtures for which the tickets bear the user’s name, Somethings Burning SL shall not be held liable should access be denied. In this regard, the Organiser or Promoter reserves the right of admission and may search attendees at the entrance.
- Please note that each promoter has its own regulations on access to venues.
- Somethings Burning SL uses different labelling of the tickets that it sells. These labels describe the characteristics of the ticket/package and/or the type of commission in each case.
M.- Cancellation policy
Cancellations of tickets and products sold by Somethings Burning SL may only be made if the purchaser has acquired the Money Back Guarantee service. Not all events offer a Money Back Guarantee.
In cases where there is no Money Back Guarantee or the customer has not acquired this service, the purchase may not be cancelled once it has been made. In the event that the user nevertheless cancels the purchase, he/she shall relinquish the amount paid without having any right of reimbursement.
The prices and availability listed on the website are based on 100% capacity of the venue. If the booked event or show is held with a reduced capacity and the event organiser is unable to guarantee tickets in the reserved areas due to closures and restrictions, Somethings Burning SL shall reimburse the cost of a purchased ticket or may propose an alternative solution that could result in a increase or decrease in the price.
If tickets have been purchased for an event that has been cancelled, postponed or held behind closed doors for reasons related to Covid-19, Somethings Burning SL offers the possibility of a reimbursement of the cost of the purchased ticket. The cost shall not be reimbursed if the purchaser is unable to attend the event for reasons related to Covid-19 or if the order is placed while there are travel restrictions or prohibitions from a particular country at the time of the reservation, or if such restrictions or prohibitions are issued after making the reservation.
To contain the spread of the Covid-19 virus, governments, or even event organisers, may have implemented restrictive measures on some destinations or related means of transport.
These restrictions could include:
- Additional entry requirements such as filling out of passenger locator forms, public health, both before travelling and on board or at airports or other boarding points in some countries; proof of a negative Covid-19 test in the country of origin or even during transit, or showing an EU Covid Digital Certificate (green pass) at the entrance to venues;
- Closed or limited access to hotel services or tourist facilities;
- Mandatory quarantine (self-isolation) periods and/or social distancing requirements.
Measures to counter the spread of the SARS-CoV-2 virus:
Spectators are encouraged to observe social distancing in all sections of entertainment venues and ticket offices and to respect proper signage in queues. Alcoholic solutions for hand hygiene are available for use by spectators. Face Masks covering the mouth and nose are mandatory until reaching the allocated place. Persons are also advised to arrive at venues early to avoid crowds.
Somethings Burning SL shall not be liable in any way should the customer be unable to attend an event due to failure to produce an EU Covid Digital Certificate. Somethings Burning SL will not be able to reimburse any amounts in cases where entry to events is refused.
- Limit of Liability
Acceptance by the User of the following limitation of liability is an essential element for full completion of the sale. Therefore, in the provision of the service by Somethings Burning SL, the maximum liability assumed by Somethings Burning SL can never be greater than the amount paid for the ticket plus ten per cent (including handling and delivery fees, which where applicable shall be charged to the User). Therefore, should Somethings Burning SL commit any proven error or manifest negligence in the provision of the service, its utmost liability shall be limited to the aforesaid amount. Likewise, under no circumstances may Somethings Burning SL be held liable for lost profits derived from negligence in a transaction.
- Queries and complaints
1.30 If you have any queries or complaints in relation to your purchase, please contact us, stating the order number provided to you at the end of the purchase procedure, at the contact telephone number shown on this page.
Since we sell articles on behalf of Promoters, we may need to contact them to obtain further information before being able to respond to your complaint. Some queries or complaints may take up to 28 days to resolve, but we shall try to contact you as quickly as possible.
1.31 In the event of any dispute, we shall endeavour to act diligently and negotiate in good faith, and we shall try to reach a transactional agreement that is equally fair and satisfactory for your own interests, as well as those of ourselves and of the promoter.
1.32 All these terms and conditions are governed by Spanish Law and any dispute arising from any operation with Somethings Burning, SL shall be subject to the sole jurisdiction of the Spanish courts and legal system.
1.33 These General Terms of Purchase and their general contracting terms, together, if applicable, with any particular terms that may be established, expressly regulate the relationships that arise between Somethings Burning, SL and third party “users” who contract the services offered via this website.
1.34 These General Terms have been prepared pursuant to Spanish Law 34/2002, of July 11, on the services of the information society and electronic commerce; Spanish Law 7/1998, of April 13, on General Contracting Terms; Spanish Royal Legislative Decree 1/2007, of November 16, approving the Revised Text of the General Law on the Defence of Consumers and Users and other complementary laws; and Spanish Law 7/1996, of January 15, on the Regulation of Retail Trade, as well as any other legal provisions that may be applicable.
1.35 If any clause included in these general terms is declared totally or partially null or ineffective, such nullity or ineffectiveness shall only affect the said provision or the part thereof that is null or ineffective. All other general terms shall subsist, and the said provision, or the affected part thereof, shall be considered to have been excluded.
- Legal notice
This legal notice, (hereinafter Legal Notice) regulates the use of this 24x7 Tickets website (hereinafter The Website) that is made available to Internet users by Somethings Burning SL., with address in Barcelona at 08002 Via Laietana 38, principal, with Spanish Tax Registration Code (C.I.F.) B67192369 and included in the Barcelona Company Register, volume 46354, folio 105, page number 517391 entry 1 (hereinafter Somethings Burning SL).
The purchase of tickets via the Website implies acceptance of each and every one of the clauses contained in this legal notice and as set out hereinafter:
Use of the Website assigns the status of user thereof (hereinafter, the User) and implies full and unreserved acceptance of each and every one of the provisions included in this Legal Notice in the version published by Somethings Burning SL at the same moment when the User accesses the Website. Consequently, the User must carefully read this Legal Notice every time he/she intends to use the Website, as it may be subject to modifications.
The User shall refrain from performing any kind of action that could cause any type of damage to the Website, to Somethings Burning SL and/or other users. In case of breach by the user of any of the aforesaid obligations, Somethings Burning SL reserves the right to prohibit or deny access by that user to the Website.
- Intellectual and industrial property
Somethings Burning SL is the owner of the domain name and the Website in its entirety, including without exception, its design, structure and distribution, response to queries made by users, texts and content, logos, buttons, images, illustrations, source code, as well as all industrial and intellectual property rights and any other identity symbols, that belong to Somethings Burning SL or, where applicable, to the persons or companies named as the authors or holders of the rights. Breach of the aforesaid rights shall be pursued pursuant current legislation. The total or partial reproduction or use, by any means, of the contents of the Somethings Burning SL website for purposes other than legitimate viewing of information or purchase of the services it offers is strictly prohibited.
The entire content of the website is the property of Somethings Burning SL and any form of reproduction, distribution, public communication, transformation, provision and, in general, any other act of public use of either the website or its content and information, without the prior written consent of Somethings Burning SL is strictly prohibited.
Therefore, all of the contents shown on this website are subject to the intellectual and industrial property rights of Somethings Burning, SL or of third party owners thereof who have duly authorised the inclusion of content on this Website.
Websites that are copying content (scrap content) by means of RSS feeds, bots or any manual method shall be reported to the web host with a DMCA legal notice.
Somethings Burning SL shall accept no responsibility with regard to intellectual or industrial property rights owned by third parties that are infringed by a third party or user.
Somethings Burning, SL is empowered to eliminate all rights as a user of the website to anyone who uses this website for the illicit transmission of material protected by copyright without being sufficiently authorised to do so.
- Permitted use
The user accepts that he/she is only authorised to visit, view and keep a copy of the pages of this website for his/her personal use and will not download, publish or modify the material on this website for any purpose other than to consult promotional information and information about events or shows, for personal use, or to purchase tickets or promotional items for personal use, unless Somethings Burning, SL, expressly authorises any other use thereof. The user agrees not to create links to the website for any purpose unless he/she has received express authorisation to do so.
The content and software on the website is the property of Somethings Burning, SL and is protected by Spanish legislation, as well as international legislation on intellectual property rights.
- Disclaimer on the functionality of the website
Somethings Burning SL cannot guarantee that the website will function constantly, reliably and properly, without delays or interruptions. Therefore, Somethings Burning SL is not liable for any damages that might arise from possible lack of availability or technical continuity of the website.
Somethings Burning SL is not liable for any damages and/or losses and/or lost profits that affect the user or any other third party as a result of any circumstance of force majeure, fortuitous event, failure or error in the communications network, or faulty or failed Internet services.
Somethings Burning SL does not guarantee that the contents of the website will be permanently updated, or that the contents provided by users will be in accordance with the law, morality, good faith and/or good customs, or will not contain some kind of error, hence Somethings Burning SL shall not be held liable for any damages and/or losses and/or lost profits that affect any user or other third party who incurs damages as a result thereof.
Somethings Burning SL shall not be held liable for any damages and/or losses and/or lost profits that affect any user or other third party caused directly or indirectly by connection to and/or use of and/or access to the website or pages linked thereto, and hence shall not be held liable for any damages and/or losses and/or lost profits that affect any user or other third party for the following causes:
- Malfunctions, defects, faults and/or damages caused totally or partially to any of the user’s hardware or software.
- Total or partial loss, alteration and/or damage to information contained in magnetic media, disks, tapes, floppy disks and others, as well as due to the introduction of computer viruses or unsolicited variations or alterations to any information, documents, files, databases, hardware and/or software.
Consequently, Somethings Burning. SL, shall not be held liable under any circumstances for any kind of direct, indirect, consequential or accessory damage, including lost profits, even in the event that Somethings Burning, SL had been warned of the possibility of such damages.
- Applicable law and competent jurisdiction
The user accepts that the legislation applicable to the operation of this service is Spanish law, as Somethings Burning SL performs its activity from Spain and is subject to the jurisdiction of the Courts and Tribunals of the place of fulfilment of the obligation for the resolution of any disputes arising from interpretation or application of this clause.
Users undertake to use the services offered by Somethings Burning, SL, pursuant the Law and the general terms and conditions of the services offered at all times, and must refrain from using them to:
- Perform fraudulent or uncivil activities that prevent proper use of the service.
- Perform activities that breach regulations on intellectual and industrial property or any other regulation pertaining to the applicable legal system.
- Disseminate inappropriate, false or misleading content or that fosters illegal or criminal activities.
- Reproduce, duplicate, sell or use for commercial purposes any content of this service.
- Use any information contained in this website for the purpose of harassing, disturbing or harming another person, or in order to contact, send advertising to or sell to any user without their prior and express consent.
- Introduce data programs to the network that could cause damage to the computer systems of Somethings Burning, SL, its suppliers or third-party users of the website’s internal network.
This website is controlled and operated by the company Somethings Burning, SL from its offices located in Spain. In the event of any dispute regarding or that affects the website, said dispute shall be governed and interpreted pursuant to Spanish law. In the event of a dispute arising or resulting from these terms and conditions, or from use of or access thereto by the user of this website, the corresponding courts and tribunals that shall legislate on the matter shall be those located in the city of Barcelona.
The user undertakes to compensate Somethings Burning, SL, its subsidiaries, associates, managers, agents and other collaborators and employees for any damage, liability, claim or requirement, including reasonable legal fees, by any third party derived from or arising from use by the said party of this website.
- Data security.
The ticket sales system employs a secure server and the latest encryption technology. A secure server guarantees the privacy of the data sent via the internet. This privacy is achieved by means of the SSL protocol, which operates by encrypting data sent using the RSA encryption system when it is located in a secure area of a browser.
B.- SPECIAL TERMS AND CONDITIONS FOR THE SALE OF TOURIST PRODUCTS
These terms and conditions regulate the provision of the service provided by the Platform called 24x7 Tickets, owned by the company Somethings Burning, SL (hereinafter, “Somethings Burning, SL”), with registered address in Barcelona, 08002 Via Laietana 38, principal, with Spanish Tax Identification Code (C.I.F.) B67192369 and included in the Barcelona Company Register, volume 46354, folio 105, page number 517391 entry 1 with telephone number +34685230120 and email email@example.com.
The company Somethings Burning, SL, is a company whose activity is that of a Travel Agent, which hence also consists of the sale and distribution of tickets and marketing applied to the sale of tickets for the leisure, culture and tourism sectors, involving the online sale of tickets for all kinds of theatrical, musical and sporting events and shows.
Via the 24x7 Tickets platform, Somethings Burning, SL can sell both its own products and act as a services and marketplace intermediary.
These tickets are sold via the 24x7 Tickets platform, using any visual advertising medium that Somethings Burning, SL deems appropriate.
This document establishes the general terms and conditions (hereinafter, the “Contractual Terms”) that shall regulate the purchase by users of any of the services offered via the 24x7 Tickets platform (hereinafter, the “Platform”).
By means of this Platform, Somethings Burning, SL intends for its users to be able to purchase passes, seats or bookings for products related to the tourist or leisure activities at a given destination, such as shows, events, cultural activities or guided visits (hereinafter, the “Events”), that the Platform sells.
Somethings Burning, SL offers different types of products depending on the method of sale:
- Sale of tourism products: Somethings Burning, SL acts as an intermediary between the user and third party suppliers, such as tour operators, travel agents, etc. Somethings Burning, SL is not involved in any organisational aspect of the Events, or of the services provided therein. Somethings Burning, SL is exempt from any obligation and/or liability that, in such a regard, corresponds to the Promoter of the said Events.
- Sale of its own tourism products: These products are offered directly by Somethings Burning, SL, which undertakes to comply with all the legal requirements and demands that may apply to it in relation to the organisation and holding of said Events, according to the particular characteristics of each.
Somethings Burning, SL reserves the right to perform modifications and/or updates to the terms and conditions that regulate these Contractual Terms, about which the user shall be informed in advance in order for him/her to accept or reject the same in the event that they are substantial. In whatever case, the user shall be assumed to have expressly accepted said modifications or updates if a new service is subsequently purchased via the Platform. Should the new Contractual Terms be accepted by the user, these shall fully replace the current terms agreed between the parties and shall take effect as soon as the user, as a customer, purchases a new service following the date of acceptance of the new terms and conditions.
Checking of the corresponding box in the contracting procedure, as well as electronically following each the steps therein, implies express acceptance of these Contractual Terms by the user, which shall be of equal validity to the signing of a contract in person. Hence, the user acknowledges that he/she is a person with sufficient capacity to be bound by the obligations arising from his/her actions resulting from use of the Platform, and that he/she has previously read and understands its content.
In whatever case, in order to purchase a service from Somethings Burning, SL, the user must be a natural person and be of legal age (≥ eighteen (18) years old).
These General Contractual Terms cover general regulation of the services provided by the company via the 24x7 Tickets website, and thus constitute the legal framework for execution of the contractual relationship.
These General Conditions are subject to the provisions of Spanish Law 7/1988, of April 13, on General Contractual Terms, to Spanish Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law on the Defence of Consumers and Users and other complementary laws, Spanish Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, Spanish Law 7/1996, of January 15, on the Regulation of Retail Trade and Spanish Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce.
The services offered by the 24x7 Tickets.com platform may be contracted by any users who reside in Spain or in any other Member State of the European Union and by those users who reside in a country that does not belong to the European Union, Spanish legislation being applicable thereto.
- Operation of the platform
The Platform provides users with a wide variety of services that can be contracted via therein, and which can be used at the Venues or Events.
These services may be contracted via a booking system or through the purchase of tickets, passes or vouchers, upon payment by the user.
All communications with the user by Somethings Burning, SL shall be made electronically.
- Use of the services
As a condition for his/her use of the Services, the user declares and guarantees that (i) all information that he/she has provided during the use of the Services is true, accurate, current and complete, and (ii) he/she is of the legal age for use the website, namely 18 years or over.
Somethings Burning, SL, permits the use of its services for personal, non-commercial use and/or in order to legitimately place a booking for the products offered. The user agrees not to use these services for financial gain or to make false or fraudulent requests or bookings.
Furthermore, the user declares and guarantees that (a) Somethings Burning, SL has not currently suspended his/her account and has not prohibited him/her from accessing the services; (b) he/she is not acting on behalf of a competitor of Somethings Burning, SL; (c) he/she will not create more than one Somethings Burning, SL account; and (d) he/she is fully entitled and authorised to enter into this legally binding agreement and, by doing so, is not breaching any other agreement to which he/she is a party.
By accessing or using the website, the user may be exposed to offensive, indecent, inaccurate, censurable or inappropriate content. Somethings Burning, SL, does not endorse such content and cannot guarantee its accuracy. Therefore, the user accesses and uses the website at his/her own risk.
- Prior information
Access to the contracting procedure is completely free, with no additional associated cost, apart from those of the user’s own Internet connection.
All the services sold on the Platform are perfectly described therein and made available to the users. Any products not expressly described therein cannot be interpreted as included.
This contract between Somethings Burning, SL and the user is deemed effective from the moment that the user completes the contracting procedure by pressing the “Book” button. It is understood that by completing each of the steps of the electronic purchase procedure and entering all the required data implies, together with the checking of the box provided for acceptance of these Contractual Terms, that the user is directly expressing his/her willingness to accept these conditions.
- Purchase procedure
The procedure for contracting the services offered is completely electronic via the Platform. Anyone with an Internet connection may purchase a product.
The complete procedure that must be followed by all users who wish to purchase tickets for the different Events is as follows:
- Once the user has accessed the Platform, he/she must select the services that interest him/her. It is very important to review their descriptions, characteristics, terms and final prices.
- The user must then commence the electronic purchase procedure, which is done by simply pressing the button provided for this purpose.
- Finally, the user simply must enter the chosen payment method from among the options offered by Somethings Burning, SL on the Platform.
- Once the purchase is complete, an order summary screen will be displayed that includes the date on which the service will be provided, notwithstanding that the user will automatically receive an email confirming that the purchase has been made successfully, along with the ticket, voucher or pass that must be exchanged at the venue’s ticket office. This email will include a description of the purchase, as well its characteristics, and this document shall serve as proof of purchase for any type of claim.
Should the user not receive said email, he/she is advised to check his/her “junk mail” or “spam” folder and, if it cannot be found there either, the user is asked to report this to Somethings Burning, SL as soon as possible so that the latter can solve the problem.
The user will be able to find full information about his/her order, as well as of all those that he/she has made in the past, in his/her private area of the website, where, after logging in, he/she will be able to view the order summary, the date, the amount paid, the payment method, and the current status.
- Electronic contracts
Pursuant to article 23 of Spanish Law 34/2002, of July 11, on services of the information society and electronic commerce, electronic contracts shall produce all the effects provided by the legal system, when they include consent and other necessary requirements to establish their validity.
In whatever case, the electronic support in which these Contractual Terms for electronic contracts are established shall be acceptable as documentary evidence in the event of a dispute between the parties.
For the said purposes, it shall be understood that completion of all phases of the purchase procedure and, where appropriate, payment of the corresponding monetary amount, necessarily imply the issue of the consent required for the contract to be binding.
Likewise, and pursuant to the provisions of article 27 of Spanish Law 34/2002, on services of the information society and electronic commerce, users are supplied, prior to commencement of the contracting procedure, all the information related thereto, which shall only be applicable in the event that the user opts to proceed by contracting a service by means of the Platform.
- Economic conditions
The price of the events published on the Platform is given next to the description of each of the same, at all times indicated in the official European Union currency, the Euro (€).
All the prices of the services can be found together with the rest of the description of the services.
All prices shown are final prices, Value Added Tax (VAT) being expressly included. Notwithstanding the foregoing, the final price shall include all applicable surcharges or discounts, costs incurred by the user and additional costs of accessory services, payment methods, commissions, etc.
The price shown on the ticket may not be the same as the price paid at the time of making the booking.
- Payment and billing
Once the user has placed an order and made the corresponding payment by means of one of the payment methods provided by the Platform, Somethings Burning, SL shall send the user an email that shall contain all of the information regarding the services purchased, the price of each unit, as well as the total cost of the purchase.
In whatever case, the purchase shall only be effective after Somethings Burning, SL has received confirmation of the payment from the bank that owns the secure payment gateway. If the transaction is denied by the said bank for any reason, or the full amount corresponding to the cost of the order is not paid (including surcharges for handling fees and bank transfer fees), the order shall be suspended, and the user will be informed that the transaction has not been completed.
Likewise, the user may request an invoice by writing to the email address firstname.lastname@example.org, specifying his/her national ID number and any other information requested by Somethings Burning, SL
By accepting these Contractual Terms, the user is declaring his/her express consent to receive the invoice by email. Once the user has requested an invoice, within five (5) business days, Somethings Burning, SL will send it to the email address provided in the user’s account.
In accordance with current legislation, Somethings Burning, SL will not be able to subsequently modify invoices on sales made. Therefore, the invoice shall be issued in the name of the natural person who places the order, hence the user must make sure to place the order in his/her correct name. Duplicate invoices cannot be issued to be sent to third parties, nor can they be issued after the warranty period has expired.
- Obligations related to purchasing procedures
The customer is solely responsible for the accuracy of the data that he/she enters during the purchase procedure, and accepts the obligation to supply truthful, accurate and complete details.
Should the customer breach this obligation, he/she shall be liable for any claims for possible damages caused to the company or a third party.
- Provision of services
For the effective provision of services, the user must go in person to the venue or premises where the services are effectively to be provided. Somethings Burning, SL accepts no responsibility for the non-execution of this contract for causes attributable to the user. In the latter case, the user is informed that Somethings Burning, SL will not reimburse any amounts paid by the user. Therefore, if it is impossible for the user to attend an Event or if he/she makes an error when purchasing the ticket(s), these shall not be considered cause for reimbursement of the amounts paid by the user.
Once confirmation of the corresponding payment has been received, the user shall be able to make use of the services purchased on the day and at the venue stated in the order confirmation.
Somethings Burning, SL provides users with advance tickets supplied by the Promoter so that users can access Events or enter the Venue.
This prepaid service, unless Somethings Burning, SL expressly states otherwise in the details of the service offered, does not include reservation services of exclusive areas in the Venue or early or preferential entry services to the Event.
The user, via the Platform and during the purchase procedure, may acquire a valid ticket to enter the Event or Venue.
For Events that require tickets to be collected, the user must, together with his/her companions, if any, go in person to the Venue’s ticket office or the specified collection point with the ticket or voucher and their ID before the time shown on the ticket and which is established as the deadline for entering the Venue with a ticket. If the user does not go to the specified location before the specified time, the Promoter may refuse entrance by the user to the Event or Venue, or demand payment of a supplementary fee to allow entry to the Venue after the deadline.
Tickets may include discounts or additional services that will be published or announced to the user during the booking or purchase procedure, and also in the confirmation email of the same.
A user who has obtained a ticket must go to the Venue ticket office or specified collection point at the time specified on the ticket in order to confirm the purchase of the service. The company that is organising the Event or activity and SOMETHINGS BURNING, SL are under no obligation whatsoever to provide the acquired service(s) if the customer arrives outside the specified period.
In the event of the user not being present on the date and at the time shown on the ticket, Somethings Burning, SL will not reimburse any amounts paid in advance and reserves the right to expel the user from the Platform. The ticket, which grants the right to use the services, may not be used for advertising, commercial, promotional, gaming, competition or gambling purposes, without prior, express and irrefutable authorisation from the Promoter.
The user is reminded that the Promoter of the event may exercise its right of admission to the venue with respect to attendees, this notwithstanding the user’s right to claim reimbursement from the Promoter of any amounts previously paid.
Somethings Burning, SL is exempt from all liability in the event that the Promoter denies the user access to the Venue or Event. In such a case, the user must submit his/her claim directly to the Promoter.
In the event of the booked Event not being available, Somethings Burning, SL undertakes to reimburse the amount paid by the customer for the tickets, but shall not be held liable for any other additional expenses that the customer may have incurred.
- Right of withdrawal. Reimbursements
Pursuant to Spanish Royal Decree 1/2007, of November 16, which approves the revised text of the General Law on the Defence of Consumers and Users and other complementary laws, users are informed of the following matters:
Pursuant to article 103 section l) of Royal Decree 1/2007, the user is informed that it will not be possible to exercise the right of withdrawal on the services provided via the Platform as these are services related to recreational activities that entail a specific date or period of execution.
Should the Event or Activity be cancelled, Somethings Burning, SL shall proceed by reimbursing the amounts paid by the user within a period of thirty (30) days from the date of public announcement of the cancellation. However, if the Event or Activity is suspended after it has started or the Venue is open to the public, Somethings Burning, SL shall not reimburse any amount, notwithstanding the user’s right to file a claim against the Promoter.
In the event of a change of date, time, venue or any other circumstance of the Event, Somethings Burning, SL shall notify the user as soon as it becomes aware thereof. Users are informed that, in this case, they must address their right to reimbursement of any amounts paid to the Promoter.
However, regarding cancellations of and variations in an Event, the user may address to Somethings Burning, SL all claims for rights provided for in regulations on consumer affairs.
Under no circumstances shall bad weather conditions entitle the user to claim reimbursement of any amounts paid, unless the Promoter has expressly cancelled the event.
Where applicable, the reimbursement of the total amount shall be made by the same method employed by the user to make the initial payment, unless the user expressly requests a different method, in which case additional costs may be incurred.
- Liability of Somethings Burning Sl regarding advertising of the services
Somethings Burning, SL undertakes to ensure that the contents, details or information related to the services offered on the Platform are reliable, truthful and exact, and assumes responsibility for the prices and features advertised. However, it shall not be liable for any information that has been entered, displayed or modified by third parties that are not part of Somethings Burning, SL.
Reproduced photographs, texts, graphics, information or features that illustrate the services offered for sale are not contractual, so they may vary. However, we always endeavour to ensure that the description of the services reflects the reality as accurately as possible.
- Customer service
Somethings Burning, SL as the party responsible for the Platform and of the marketing and sale solely of the services offered on the said Platform, provides a customer service to its users, which is available under the conditions shown in the corresponding section of the website.
- Prohibited actions.
The content and information on the Website, as well as the infrastructure used to provide the said content, is our property. The user agrees not to modify, copy, distribute, transmit, display, implement, reproduce, publish, licence, transfer, sell, resell or create derived works from any content of the website or from any product or service obtained from or via the website. Any other use of the website content, products and/or services requires prior written permission.
Likewise, the user agrees that he/she shall not perform or assist others to perform any of the following actions:
- a) Use the Website or its content for any commercial or illegal purpose.
- b) Access, monitor or copy any content of the website by means of robots, trackers, spiders or any other automated or manual means or procedure in order to access, track, index, compile or use the Web Service or any content of the website for any purpose without our express written permission.
- c) Violate the restrictions of any robot exclusion standard on the Website or circumvent or evade other measures employed to prevent or limit access to the Website;
- d) Undertake any action that imposes or could impose, based on our own criteria, an unreasonable or disproportionately large load on our infrastructure or that could overload the Website with traffic;
- e) Create deep links to any part of the Website for any purpose without our express written permission;
- f) Insert, replicate or incorporate any part of the Website in another website without our written authorisation;
- g) Attempt to modify, transfer, adapt, edit, decompile or disassemble the Software or submit it to any other type of reverse engineering;
- h) Use the Website to threaten, stalk, defraud, incite, harass or promote the harassment of another person or interfere with the use of the Website by another user;
- i) Use the Website to send or transmit spam, chain messages, competitions, junk mails, pyramid scams, surveys or other mass messages, commercial or otherwise;
- j) Use the Website in a manner that may create a conflict of interest, such as exchanging opinions with other business owners or writing or soliciting opinions;
- k) Use the Website to promote intolerance of or discrimination against protected groups;
- l) Use the Website to infringe any rights of third parties, including breach of trust, copyright, registered trademarks, patents, trade secrets, moral rights, right of privacy, right of publicity or any other intellectual property right or patent;
- m) Use the Website to send or transmit pornography or illegal content;
- n) Use the Website to request personal information from minors or in order to harm or threaten to harm any person, including minors;
- o) Attempt to gain unauthorised access to the Website, user accounts, computer systems or networks connected to the Website by means of hacking, password extraction or any other means;
- p) Use the Website to transmit any computer virus, worm, trojan or other harmful element (collectively known as “Viruses”);
- q) Use any device, software or routine that interferes or attempts to interfere with the proper functioning of the Website;
- r) Use the Website to breach the security of any computer network, or to decrypt passwords or securely encrypted codes;
- s) Interrupt or interfere with the security of the Website or cause damage thereto; or
- t) Delete, circumvent, disable, damage or interfere with the website’s security features which prevent or restrict the use or copying of Website Content, or which impose limits on the use of the Website.
The parties undertake to comply with their legal and contractual obligations as generated by virtue of this contract.
The parties shall be liable for any infringements that they have personally incurred, and the other party shall be held non-liable for any error, fault or negligence not attributable to it, and for all damages that may arise from said infringements or errors that are attributable to the other contracting party.
- Duration and modifications
These Contractual Terms shall enter into force from the moment that payment is made to purchase the services offered on the Platform that the user has chosen, and shall remain in force for an indefinite period, unless one of the parties decides to terminate them, and they shall be applicable to all contracts and/or requests made via the Platform.
Somethings Burning, SL, may terminate the contract whenever it detects an unauthorised or supposedly unauthorised use of the service offered, either due to breach of these Contractual Terms or for any other objective cause. Should Somethings Burning, SL exercise this right, it shall not assume any obligation or liability, nor shall it reimburse to the user any amounts previously paid.
For his/her part, the user may terminate these Contractual Terms at any time by unsubscribing from the Platform. However, any obligations that may continue in force after the date of termination shall continue to be binding on both parties as stipulated.
In whatever case, Somethings Burning, SL, advises the user to regularly check these Contractual Terms, as they may be modified. In such a case, the user will be informed in advance in order for him/her to accept or reject the same. In whatever case, the user shall be considered to have expressly accepted said modifications or updates if he/she places a new order via the Platform.
If accepted, the modification and new contract shall fully replace the existing terms between the parties and shall be applicable to any further purchases or bookings made following the date of acceptance of the new terms.
- Safeguard clause
All the clauses or measures contained in these Contractual Terms must be interpreted independently and autonomously, the remaining stipulations not being affected in the event that one of them has been declared void by a court ruling or arbitral verdict. The affected clause or clauses shall be replaced by another or others that preserve the effects pursued by the Contractual Terms on use of the Platform.
- Resolution of disputes
With regard to any issue arising in relation to the additional terms and conditions supplied by the Promoter and displayed on the Platform, the user must inform Somethings Burning, SL, which shall mediate for the purpose of finding a solution between the user and the Promoter.
Current regulations shall determine the laws that should govern and the jurisdiction that should rule on the relations between Somethings Burning, SL, and its users. Notwithstanding the foregoing, in those cases in which said current regulations provide for the possibility for the parties to choose to be submitted to a specific jurisdiction, Somethings Burning, SL, and the user, expressly waiving any other jurisdiction that may correspond to them, agree to be submitted to Spanish legislation and the Courts and Tribunals of the city of Barcelona.
In order to file claims with regard to the use of the services of Somethings Burning, SL, the user may write to the electronic or postal address stated in the “Identification” section, Somethings Burning, SL, undertaking to pursue at all times an amicable solution to the dispute.
- Processing of customer data
On behalf of the company, we process the information that users provide to us in order to offer the requested service, and perform the billing thereof. The data provided shall be withheld for as long as the commercial relationship is maintained, or for the number of years required in order to comply with legal obligations. This data is not transferred to third parties except in cases where there is a legal obligation to do so. The user holds the right to obtain confirmation as to whether Somethings Burning, SL, is processing his/her personal data, and hence also holds the right to access his/her personal data, rectify inaccurate data or request its deletion when the data is no longer necessary.
Likewise, the user’s authorisation is requested in order to offer him/her products and services related to those that he/she has ordered and to foster his/her loyalty as a customer, by e-mail, WhatsApp or other means.
- Links to third party websites.
The Website may contain hyperlinks to websites operated by suppliers other than Somethings Burning, SL, (“Third Party Websites”). These hyperlinks are provided for reference purposes only. The presence of these hyperlinks on the Website does not imply that the company endorses the material that is published on said third party sites or that it is in any way related to its controllers.
7.2 We do not control Third Party Websites and we are not liable for their content, or the privacy or other practices of their owners and operators.
7.3 It is the user’s responsibility to ensure that the hyperlinks he/she selects and/or the software he/she downloads (either from the Website or from the Third Party Website, including the Software, as defined in Section 8.2) are virus-free.
C.- POINTS OF SALE DISCLAIMER
Somethings Burning, SL may advertise its products on screens located in different commercial establishments, by means of which users can directly purchase tickets for events.
In these cases, the points of sale in which the devices are installed, and by means of which different tickets can be purchased, shall act as mere intermediaries in the sale.
Given that the point of sale cannot control the content entered by Somethings Burning, SL, the former is in no way liable with regard to the said content and is exempt from any liability for the information published.
The point of sale does not guarantee or exercise control over the quality, safety, accuracy or legality of any event or content associated with an event, the authenticity or accuracy of any information or the ability of any user to actually perform or complete a transaction.
The user hereby agrees to exonerate the point of sale from liability for all data, whether direct, indirect, fortuitous, consequential or otherwise, losses, responsibilities, costs and expenses of any nature, known or unknown, arising in any way from the sale of tickets for events advertised on their premises.
Likewise, the point of sale is exempt from all liability should the event be cancelled or modified.
D- SPECIAL MARKETPLACE CONDITIONS
- Specific terms and conditions for the title/ticket intermediation service
1.1 Something’s Burning, SL offers an online platform and related services (“Services”) that connect sellers and buyers who seek, sell and buy tickets for events (“Tickets”) in such a way that our platform provides an intermediation service to enable the purchase and sale by users via 24 x 7 Tickets (“Site”), by the company Something’s Burning, SL, located in Barcelona, 08003 Vía Laietana 38, principal, with Spanish Tax Identification Number (CIF) B 67192369 and registered in the Barcelona Company Register, Volume 46354, folio 105, sheet number 517391 entry 1. (hereinafter Something’s Burning SL).
1.2 By means of this website, the company Something’s Burning SL makes a platform available to users so they can purchase tickets for different events, from other users who, being holders of said tickets, transfer them to the former. Both parties, buyers and sellers, are users of this platform. Between the company that owns this platform, Something’s Burning SL, and the users, a mediation contract is generated, outside of the relationship between the buyer and the seller. Consequently, Something’s Burning SL is not the owner or possessor of any ticket or tickets offered on the platform.
1.3 By using or accessing our site, the user agrees to be bound by these Global Terms and Conditions for Use of the Sales and Purchase Platform (“Terms and Conditions of Use”), our Payment Services Agreement (applicable in the case of ticket sales by means of our site), the User Privacy Notice, the Sales Policies and all other policies applicable to their use of the site (collectively, the “Additional Policies”).
1.4 Changes to these Terms and Conditions of Use may be made on occasions, and these shall be announced by publishing an amended version on our website. The revised Terms and Conditions of Use shall be effective upon publication and any further use of our site and services shall constitute acceptance of the revised Terms and Conditions of Use.
1.5 Likewise, by accepting these terms and conditions, the company Something’s Burning SL is exempted from any liability for the transactions, other than that imposed by the law itself, derived from the intermediation service. Users undertake to provide accurate and truthful information in their offers, and to have sufficient capacity and authorisation to transfer the tickets offered on the website.
If you buy or sell tickets for an event on our site, you thus enter a contract with the company Something’s Burning, SL, with Spanish Tax Identification Number (NIF) B 67192369 and located in Barcelona, 08002 Vía Laietana 38, principal, with email email@example.com
Hereinafter, Something’s Burning, SL shall be referred to as “24 x 7 Tickets”, “we”, “us” or “our”.
3.Ticket trading platform
24 x 7 Tickets is a ticket trading platform with which registered users can buy (as the “Buyer”) and sell (as the “Seller”) tickets.
It shall be the seller and not 24 x 7 Tickets, which sets the ticket prices, the company acting as a mere intermediary between buyer and seller and not being the owner of the tickets sold on the site.
Although 24 x 7 Tickets may provide information and advertising about prices, delivery and advertisements, this assistance is for informational purposes only, it being exempted from all liability for the information supplied by sellers and having no type of control thereto and cannot guarantee the existence, quality, security or legality of tickets, the truth or accuracy of content or user advertisements, the ability of sellers to sell tickets or the ability of buyers to pay for them.
To publish and sell tickets, you must register on our website (“Account”) at 24 x 7 Tickets and such registration implies acceptance of each and every one of these terms and conditions.
To register as a user, the interested party must be of legal age and have full legal capacity to act. If registering in the name of a company, this party must have sufficient authority to be able to act in the name of and on behalf of the company.
To proceed with registration, the user must provide the following information:
Name and surname
Once registration is complete, a username shall be sent to the email address provided by the user with which they can log into the platform, in which the password provided during registration shall be required. This password may be modified by the user at any time. If the user forgets the password, he/she can recover it via the email provided.
The user is responsible for providing authentic, exact and truthful information at the time of
registration and thereafter. The user is responsible for keeping all the information contained in his/her account updated and modifying it should it ever change in any way. In any case, the user is the sole party liable for any false or inaccurate statements made and for damages of any kind caused to Something’s Burning SL, or to third parties as a result of the information supplied.
The user shall be the sole party liable for safeguarding the confidentiality of their account information and password, as well as for any activity in relation thereto.
Something’s Burning SL, reserves the right of admission and exclusion from its platform. Any user may be excluded from the platform if they fail to comply with any of the terms and conditions contained herein, which shall be reported to the email provided by the user during registration. In the former case, before closing the account, the user is obliged to conclude all operations committed to and pending, both as a seller and as a buyer. In any case, Something’s Burning SL reserves the right to unsubscribe from the platform any users at its own behest, in so doing immediately cancelling any unmade sales or offers pending. If a buyer has already transferred the amount for the purchase, in an operation subsequently cancelled but not settled with the seller, Something’s Burning SL shall proceed by refunding the amounts received.
Accounts are not transferable to third parties.
Compliance with applicable regulations
To publish an offer, the user must comply with all applicable laws and regulations and these Terms and Conditions of Use and the Sales Policies when advertising, selling and delivering their tickets.
Publication of the offer
To publish an offer, the user must fill in the form, which consists of the following fields:
Number of tickets
If the ticket has already been purchased by the customer
Terms and conditions of sale in case of being more than one
If the ticket is ready to be sent
Ticket restrictions or benefits
Modification of the offer
The terms and conditions of sale may be modified until they have been accepted by another user, at which time they shall be definitively set.
Obligations of the seller
By publishing an offer, the seller formalises with Something’s Burning SL, an intermediation order and, therefore, the start of the provision of its services and the accrual of fees; in any case, the seller must accept and complete the transaction under the terms and conditions set forth. To carry out the intermediation service, the user authorises Something’s Burning SL to publish and display the aforementioned offer on any website owned by Something’s Burning SL, or a third party.
When publishing an offer, the seller undertakes to accept and complete the transaction under the terms and conditions specified therein.
When a buyer accepts an offer by purchasing a ticket by means of our site, the seller shall be contractually obligated to deliver the exact ticket for the sale price and within the required delivery time. The seller shall be obligated to monitor their inventory and ensure that all advertisements are accurate.
Sellers may not, under any circumstances, cancel orders at one price and republish the same tickets at a higher price.
Likewise, the seller undertakes to describe the tickets offered accurately, and certifies that he/she is the owner of the tickets and that he/she is authorised for the transfer or sale thereof. In the event of reselling tickets for commercial purposes, the seller must ensure that he/she is legally entitled to do so.
Deadline for published offers
In general, the valid period of offers of titles/tickets for an event shall be conditioned by the date of the event in question at any given time. Ticket advertisements will be published up to 4 working days before the event date. If the event is cancelled, the offer shall immediately be withdrawn from the platform. If the event is only postponed, the offer shall be updated with the new date.
The date, time, venue and seat of the event, which appear on the tickets, are subject to change. It is the Buyer’s responsibility to verify the most recent changes by contacting the ticket office or by checking any changes to the official listings.
Something’s Burning SL does not guarantee that the tickets shall be sold, or that the advertisement will appear on the site within a specific period of time after its publication, or in a specific order on the page or in search results. 24 x 7 Tickets shall not, under any circumstances, provide compensation for unsold tickets, including if due to unavailability of the website due to outage or maintenance or late publication of offers.
7.Price of the offer
The published offer shall include the amount asked by the seller of the tickets, the intermediation commission accrued by Something’s Burning SL, any taxes and any previously specified costs. The price asked by the seller shall be the sole and exclusive liability of the latter, and Something’s Burning SL shall have no part in the setting thereof.
8.Free nature of the offer
Publication of the offer shall be free for the seller, who shall accrue only the intermediation commission, in the event that the tickets are effectively sold.
9.Acceptance of the offer
The user shall be sent, to the email supplied in the offer itself, a message in which the acceptance of the offer by another user shall be reported. Once this email has been sent, the seller shall be linked to the offer, and henceforth it cannot be modified in any manner. Something’s Burning SL is not liable for the conditions under which the events are held, for possible changes in venue, time or artists, or for any possible cancellation thereof.
10.Confirmation of purchase
The buyer will be sent, to the email provided during registration, a confirmation of the purchase of the tickets. This message shall serve as proof of the completed transaction between seller and buyer. The buyer is entitled to offer the tickets on the platform again.
11.Payment to the seller for the transaction
The seller shall receive the amount for the sale of their tickets within seven (7) days after the event is held, by the payment method stated in the offer itself.
12.Commission for intermediary service
The intermediation services performed by Something’s Burning SL, by means of this platform, shall be paid by the buyer and shall consist of a commission on the amount that the seller user intends to receive for their tickets. The amount of the aforementioned intermediation services shall be received by Something’s Burning SL, at the time of purchase. Therefore, the buyer shall pay both the price of the tickets and the intermediation services of Something’s Burning SL.
The amount of the commission may vary depending on the type of event, type of ticket and seat.
Something’s Burning, SL may, at its discretion, change its service rates at any time, even after the offer has been published.
Before the publication of the offer, all applicable service fees, including any possible taxes, shall be declared.
The seller is responsible for determining the need to apply any tax to the sale of a ticket and for charging and remitting said tax. All applicable taxes must be included in the ticket sale price.
Sellers agree to provide Something Burning, SL, with any tax identification number required in order for the company to provide information to the relevant tax authorities in relation to the payments received and, additionally, Something’s Burning, SL is authorised to disclose said information to the corresponding tax authorities.
14.Improper use of the platform
In the event that the selling user delivers tickets other than those offered or simply does not deliver them, the buying user may contact Something’s Burning SL via email to firstname.lastname@example.org in order to be reimbursed the amounts paid for that purchase. Notwithstanding the foregoing, Something’s Burning SL may draw attention to other similar ticket offers that appear on the platform at that time.
For their part, the selling user who does not deliver what is offered or does not deliver it correctly, from this moment agrees, as compensation, to bear the expenses that said incident causes to Something’s Burning SL, and which are fixed at an amount of €40 plus VAT per incident. The aforesaid amount shall be charged to the selling user’s account as supplied in the completion of their offer for the payment of the price of the tickets, sending Something’s Burning SL, via email, the corresponding invoice for the aforesaid services. The selling user undertakes to compensate Something’s Burning SL with the amount of €40 for the procedures undertaken to resolve the incident with the buying user. The selling user expressly authorises Something’s Burning SL to charge the amount of the aforesaid services to the account supplied during registration.
Tickets shall be considered incorrect when one of the following occurs:
Seats in a different row
Seats in a different sector
Seats with reduced visibility
Different category tickets
The selling user may report to Something’s Burning, SL any disagreement with regard to the incident up to 15 days after the communication thereof. Something’s Burning SL, in the 15 days following the appeal by the selling user, shall inform the latter whether it accepts the appeal or not, with any other means of appeal remaining open in the event that it rejects the aforesaid appeal. The reiteration of incidents in offers published by a user shall entail the closure of their account.
15.Delivery of tickets
The seller shall be responsible for sending the titles/tickets to the buyer.
Something’s Burning, SL, is not liable for any aspect of the aforesaid delivery. The buying user, by accepting these terms and conditions, expressly agrees to the transfer of their personal details (name and surname, address and email) by Something’s Burning SL to third parties in order to provide the intermediation services that are the purpose of this website.
16.Abuse of 24 x 7 Tickets
When using our website and our services, the user agrees not to perform any of the following:
- Contact other users or suggest that they contact them for any reason other than the purpose for which the user’s contact information was received from 24 x 7 Tickets, or solicit sales outside of the site.
- Use the buyer’s personal details for any purpose other than the delivery of tickets, unless the buyer agrees otherwise.
- Behave aggressively towards any employee or other user of the site.
- Breach the rules of any venue or event promoter, or breach the terms and conditions of service applicable to third parties.
- Breach or circumvent any laws, third-party rights, or our additional policies.
- Publish false, inaccurate, misleading, defamatory or libelous content.
- Fail to observe contractual obligations regarding the sale or purchase of a ticket.
- Use the brand name 24 x 7 Tickets without our prior written permission.
- Copy, reproduce, reverse engineer, modify, create derivative works or publicly display any content or software on our site or services without the prior written permission of Something’s Burning, SL and/or the corresponding third party, as applicable.
- Use any robot, web spider, scraper, or other automated means to access our site or services for any purpose without our express written permission.
- Perform any action that entails or might entail an unreasonable or disproportionately large burden on our infrastructure.
- Tamper with or attempt to tamper with the proper operation of our site or services or any activity performed on or with our site or services.
- Perform any other action that Something’s Burning, SL determines, at its sole discretion, to be an abuse of the site or services, or otherwise have a negative impact on the trading platform.
In our effort to protect buyers and sellers, we may screen ticket sales or advertisements for signs of fraud by means of algorithms or automated systems, which may result in automatic cancellation of advertisements or sales and temporary or permanent suspension of an account.
If we cancel your transaction or account in error, please contact us and we may re-enable your account or advertisement, at our discretion.
17.Absence of guarantee.
Other than the guarantees expressly set forth in this agreement, we provide the software, the Site, and the services without guarantees of any kind. We offer no guarantees with respect to the software, tickets, events, and services provided on the Site, or that sellers or buyers will be able to act as promised, and we expressly eschew all such guarantees whether express, statutory, or implied, including, without limitation thereto, all guarantees with regard to quality, ownership, non-infringement of third party rights or suitability for a particular purpose.
18.Waiver of damages.
24 x 7 Tickets expressly waivers all liability for any lost profits or special, consequential, incidental or exemplary damages (including, without limitation thereto, indirect and special damages) that might arise from the services, the Site, or the suspension, termination or malfunction of the services or the Site. Under all circumstances, our liability towards the user is limited to the total value of the tickets that he/she has been able to sell or acquire, and only in those cases in which the liability is attributable to them.
Under no circumstances shall the company be liable for any additional cost that the user incurs if he/she buys from third parties the tickets that he/she could not acquire on the Site.
19.Acceptance of risks.
The user acknowledges and agrees that the foregoing disclaimers and limitations of liability represent a reasonable allocation of risk, and that the pricing and other terms and conditions of this agreement reflect such allocations of risk.
24 x 7 Tickets does not partake in the transactions between buyers and sellers. If any dispute should arise with one or more users, the Company is expressly held non-liable for any claims, appeals or damages of any kind or nature, known or unknown, suspected or unsuspected, disclosed or concealed, arising out of or in any way connected with the dispute.
The user is the owner and the sole party liable for any content provided by the user that includes images, text, audio or other materials. When publishing user content, the user thereby grants us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights corresponding to such content), irrevocable, royalty-free, transferable and sublicensable right to use, reproduce, distribute, create derivative works, to publicly perform, display, store or publish said content in any way known now or in the future. The user thereby grants to Something’s Burning, SL the right to use their name or image in association with such user content, if we so choose. Also, to the maximum extent permitted by applicable law, the user waives their moral rights to the content and agrees not to exercise such rights against us.
The user represents and guarantees that the user content (a) is his/her property, or he/she controls all necessary rights thereto, (b) does not violate, contravene or infringe the rights of any third party, including the rights of intellectual property, privacy or publicity rights, (c) is accurate, not obscene, false, libellous, or defamatory, and (d) does not cause damages to any person, organisation, or system.
The user shall not hold Something’s Burning, SL, liable for any claims resulting from such content. In addition, the company holds the right, but not the obligation, to monitor, edit or remove user content. User content is not confidential.
Something’s Burning, SL respects intellectual property rights and shall respond to any notifications of alleged infringement.
The Service that is the purpose of these Terms and Conditions is governed by Spanish law on the Protection of Consumers and Users and other Complementary Laws, relating to online contracts. Pursuant to article 103 of the aforesaid law, no right of withdrawal is offered with regard to the provision of services once these have been completed; that is, once the intermediation service has terminated.
By accepting these terms and conditions, the user acknowledges that he/she is aware that once the contract has been fully executed by Something’s Burning SL, he/she will have lost his/her right of withdrawal.
24.Breach of the terms and conditions of use
Something’s Burning, SL, may investigate any potential or suspected breach of the terms and conditions of use, additional policies, security protocols or recommended practices, third party rights or applicable legislation; any action or any other misconduct or potential abuse of or by means of the services. When assessing what action to take against the user, we shall endeavour to take into account the latter’s legitimate interests and, in particular, whether the user is responsible for the misconduct.
Appropriate action may be taken, at our reasonable discretion, for any misconduct. These measures may include, but are not limited to, limitation or suspension, temporarily or permanently, or termination of our services and accounts; restriction or prohibition of access to our site and/or services and all actions related thereto; removal of advertisements; requirement for advertisements to be edited; cancellation of sales; requirement for tickets to be delivered to a buyer within a specified time-frame; delay or removal of hosted content; removal of any special status associated with an account; charge via the agreed payment method of any amounts due or costs incurred due to misconduct and any technical or legal measures to prevent usage of our site and/or services.
We reserve the right to report any activity that we believe to be illegal or that otherwise breaches these Terms and Conditions of Use, and shall respond to any verified request related to a criminal investigation (for example, subpoena, court order, or substantially similar legal proceeding) from domestic or foreign law enforcement agencies or regulatory authorities, other government officials or authorised third parties.
The platform shall always communicate with users, whether they are buyers or sellers, by means of the email addresses provided during registration.
Exclusion of guarantees; limitation of liability.
The user of the site understands and agrees that he/she is making use of the site and the services in the manner for which they are made available. Something’s Burning, SL, offers no guarantee with regard to its software, services, site, tickets, events or user content, or that sellers or buyers will fulfill their agreements. Accordingly, and to the fullest extent permitted by applicable law, we waiver all guarantees, express or implied, concerning sales, suitability for a particular purpose, property, or non-infringement.
Likewise, and to the maximum extent permitted by law, Something’s Burning, SL, is not liable for (a) special, indirect or consequential damages; (b) loss of profits, goodwill or reputation or other intangible losses; (c) damages related to (I) access to, use of, or inability to access or use the Service; (II) viruses or other harmful software obtained as a result of access to our site or services; (III) any user content or third party content; (IV) the duration or the manner in which advertised tickets are displayed on the site or services.
26.Applicable law and jurisdiction
The provision of the service of this website and these Terms and Conditions of Use are governed in each and every one of its dispositions by common Spanish and commercial law, where applicable. The parties shall submit any disputes arising from the fulfillment and interpretation of these Terms and Conditions to the competent Courts and Tribunals pursuant to article 90.2 of Spanish Royal Legislative Decree 1/2007 of November 16, which approves the revised text of the General Law for Defense of Consumers and Users and other complementary laws. Notwithstanding the foregoing, the parties shall endeavor to do everything reasonably necessary to resolve conflicts amicably.
These Terms and Conditions of Use constitute the entire agreement between the parties with respect to the purpose hereof and override all prior agreements and understandings, oral or written, between the parties hereto with respect to the purpose of these Terms and Conditions of Use. No amendment, modification, or supplement to any provision of these Terms and Conditions of Use shall be valid or effective unless made in accordance with the express terms of these Terms and Conditions of Use.
If any provision of these Terms and Conditions of Use is deemed to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of these Terms and Conditions of Use shall not be affected.
We may assign or transfer our rights and obligations under these Terms and Conditions of Use at any time, provided that we assign the Terms and Conditions of Use on the same terms or on terms that are no less advantageous to the user. These Terms and Conditions of Use or any of the user’s rights or obligations may not be assigned or transferred without our prior written consent, which we may refuse at our discretion.
Nothing set forth in these Terms and Conditions of Use is intended to confer benefits, rights or resources on any person or organisation other than the parties hereto and their respective successors and assignees as duly permitted.
The title of each paragraph of these Terms and Conditions of Use is included for reference only, and does not define, limit, construe or otherwise describe the scope of the said paragraphs.
Our failure to act in connection with a breach of these terms and conditions by users does not invalidate our right to act in connection with subsequent or similar breaches. We do not guarantee that we shall take action against all breaches of these Terms and Conditions of Use.
Something’s Burning, SL, shall not be deemed to have breached or to be liable under these Terms and Conditions of Use due to its inability to meet its obligations due to any fire, earthquake, flood, snowstorm, epidemic, pandemic, accident, explosion, theft, strike, lockout, labour dispute, riot, civil unrest, terrorism, cyberterrorism, fortuitous event, natural disaster, or any local, national or international administrative or judicial order or law, or for any other circumstance not attributable to the service and that is beyond the control of Something’s Burning, SL.