SERVITORO TICKETS PURCHASE TERMS AND CONDITIONS
1.- ABOUT SERVITORO.
SERVITORO is a service which allows the search, management and reservation of tickets for bullfights. The website www.servitoro.es (the “Website”) permits the user (the “User(s)”) to search for available bullfight events together with ticketing prices and to request information for future events. Tickets put on sale are issued directly by the company responsible for the event. SERVITORO is in charge of sending those tickets to the address provided by the User (solely in Spain and Portugal).
SERVITORO operates in an online environment. In doing so, it has adhered to “CONFIANZA ONLINE” and has subsequently obtained its trust seal. Through this association, SERVITORO is assuming a compromise and reinforcing its responsibility with consumers. User(s) may consult through CONFIANZA ONLINE (www.confianzaonline.es) the warranties that this system offers to consumers.
2. PRICES AND TICKETS AVAILABILITY.
Ticket prices are published in the Website and may vary depending, for instance, on the venue, the event, the date, or the seats. SERVITORO charges a fixed cost of TWELVE EURO (12.- €) per ticket (VAT included) over the referred price for the search, reservation and purchasing of the tickets which also includes delivery costs within Spain (peninsula and isles) and Portugal. SERVITORO reserves the right to modify the sales commission. In such event, SERVITORO undertakes to publish any new charges through the Website in a clear and visible manner before any purchase is made by the User.
Sales are firm transactions. Cancelations are not permitted to users (irrespective of the cause).
The prices and the availability of the tickets are valid and are guaranteed until the tickets are sold out. Typographical errors or any price change made by the company that organizes the bullfighting show and the manager of the bullring (hereinafter "the Organizer") are excluded. In this last case, the user must direct any claim to the Organizer.
Orders will be attended on a first come, first served basis. In the event that no consecutive seats are available, SERVITORO will contact the User to inform him/her of such circumstance and will make its best endeavors to try to offer him/her alternative tickets (i.e. for another area or date). Notwithstanding the above, SERVITORO cannot grant the User the availability of consecutive seats. The promoter of the bullfight event and the manager of the venue (the “Promoter”) is responsible for assigning those seats. When reassignment is not possible, tickets shall be deemed acquired by the User and no refund will be granted.
In the event that the User purchases a ticket when tickets have been sold out, SERVITORO agrees to refund the amount paid by the User in a period of fifteen (15) days from the date in which such circumstance is communicated by SERVITORO. The User acknowledges and agrees that he/she shall have no additional refund right or compensatory title of any nature.
SERVITORO shall be entitled to limit the maximum number of tickets available for purchase by the Users. In the event that the User acquires a number of tickets contravening the aforementioned limit, SERVITORO will have the power to cancel such tickets, either totally or in the number exceeding the established limit.
The re-sale of tickets purchased from SERVITORO Website is expressly forbidden.
SERVITORO does not offer tickets with special discounts, such as those regularly available to groups, retired and young persons. The price is therefore unique per adult.
3. TICKET ISSUANCE.
Users acquire the tickets from the Promoter. SERVITORO is a mere intermediary facilitating the commissioning and delivery of the referred tickets.
The physical ticket remitted by SERVITORO to the User is an invoice issued by the Promoter which includes the relevant fiscal information. SERVITORO issues solely an invoice for the applicable costs related to the search, reservation, purchasing and delivery services.
SERVITORO is not responsible for the issuance of the tickets. Consequently, any license in favor of copyright collecting societies (i.e. SGAE) or any other entity, when necessary, shall correspond to the Promoter.
SERVITORO delivery service offers the User the opportunity to acquire the tickets in a safe and easy manner from his/her home address, avoiding long queues before ticket offices.
All tickets are delivered through courier services to the address provided in the purchase order, provided that the conditions herein provided are met.
SERVITORO makes deliveries solely within Spain (peninsula and isles) and Portugal.
SERVITORO offers to non-residents the opportunity to deliver the tickets to hotels, hostels and similar during their stay in Spain and coinciding with the bullfight event. In the event of flight cancellations, transport strikes and similar circumstances, SERVITORO shall not reimburse the ticket´s loss. Users must, in consequence, address any claim to their travel insurance company or to the person or entity which may be responsible for the loss suffered.
Delivery to the address provided by the User is made through a professional courier service. Tickets are only delivered in hand to physical persons. Users are responsible for ensuring that all deliveries are handed to the appropriate persons by providing a delivery address where a responsible adult will receive the tickets. Deliveries are made to home addresses, hotels, business offices and similar.
Tickets are not delivered to ticket offices, letter boxes or P.O. boxes.
Tickets are delivered to Users at least two to four (2-4) days in advance to the date of the event. In the event that tickets for various events are purchased, the first date will be taken as a reference.
Delivery of the tickets through the courier service is subject to the terms and conditions established by the service provider: MRW. In the event that no person is available for receiving the tickets in the address provided by the User, the courier company shall make another try. If this second delivery also fails, the User will be responsible for contacting the courier company and for paying any additional charge, if applicable.
Tickets which are not picked up from the delivery address will not be reimbursed and shall not give rise to any right to claim.
Tickets handed over to the User (or any person designated by the latest) shall be deemed delivered.
No ticket duplicates shall be issued in case of loss or mislay.
5. FORMS OF PAYMENT.
The User may choose between the following payment options:
Tickets will be delivered or invoice will be valid (visit guided) once payments are credited in SERVITORO ´s bank account.
Payments shall be made within 24 hours from the moment in which the purchase orders are made. If this period finalizes and the payment is not confirmed, or the transfer proof is not submitted, SERVITORO shall be entitled to cancel the order automatically. The cancelation of an order not being paid within a 24 hour window shall not entitle the User to make any claim. In the event that the order is cancelled, SERVITORO will reimburse any amount received after the referred 24 hour period without compensation of any nature.
6. RETURNS AND REIMBURSEMENTS.
No refunds are granted for purchased tickets. The impossibility to attend to the event and/or an error committed through the purchase order are not valid reasons to request the reimbursement of any paid sums.
SERVITORO is an official sell point. Consequently tickets are issued directly by the company organizing the event (that is, the Promoter). SERVITORO is responsible for making the tickets get to the address provided. User(s) receive an official ticket issued by the Promoter.
The User expressly liberates SERVITORO from any modifications occurred following the purchasing of the tickets, such as: changes in the date, hour, line-up, replacements, cancelations and/or any other circumstance. In any of these events, the User acknowledges that any claim shall be addressed directly to the Promoter.
Any refund shall be subject to the Promoter´s terms and conditions and to the applicable legislation. It shall also be conditioned to the handling of an official and un-altered ticket, which must be complete and un-damaged.
Price reimbursement in case of event cancelation, deferral or modification shall be made according to the Promoter´s conditions as announced through its venue sale point and following the terms and conditions published in the official ticket.
Generally, User(s) shall not be entitled to any refund when the event is canceled after its commencement due to bad weather conditions or to any other circumstance not under the Promoter´s control. The event shall be deemed commenced when the first bull enters the venue.
The User shall, in no case, be entitled to the refund of the TWELVE EURO (12.-€) commission charged by SERVITORO for the search and reservation services.
Solely when the Promoter expressly instructs SERVITORO to reimburse the tickets to the Users, the latest will receive the paid ticket sums (excluding the commission referred to above). Such reimbursements may arise in cases of cancellation or changes of date.
SERVITORO does not serve special tickets, such as those available to retired and impaired persons and children. All tickets are priced for adults.
The User must be aware that minors are restricted to enter in bullrings. It is advisable that Users check with the bullring the conditions of entry of minors and impaired persons.
SERVITORO shall not be responsible for the purchasing of tickets for underage or impaired persons who are afterwards restricted to enter the bullring by the Promoter.
8. LIMITATIONS FROM THE PROMOTER.
SERVITORO does not participate in any organizational aspect of the events put to sale. In consequence, SERVITORO shall not be responsible for aspects such as: visibility, acoustic, seat comfort, accessibility… and therefore it shall not assume any of the obligations or responsibilities pertaining to the Promoter.
The Promoter reserves the right to limit the access to the event and shall be entitled to register the attendants in the entrance. Entry with any harmful object (the consideration of which shall be decided by the Promoter) shall be prohibited. Usually entrance with food and drinks is also restricted.
The Promoter has the power to permit the entrance to the event once the corrida has started or during the same.
The Promoter reserves all intellectual property and image rights over the show. It is absolutely forbidden to record or take pictures (with or without flash) of the event.
Any claim regarding the performance, suspension, modification or cancelation of the event shall be directed to the Promoter. Users must keep their entrance for filling any such claim.
SERVITORO shall not be held responsible for any of the claims made by the User in relation to the event. Users are once again reminded that all responsibility over the event pertains to the Promoter.
9. TICKET INFORMATION SERVICES.
The Website offers the User the opportunity to request information about future events which have not been put on sale yet. The User may provide his/her personal details for this purpose to SERVITORO, without any compromise by neither of the parties.
SERVITORO adopts standard security and technological measures for the correct functioning of the Website.
The operation of the Website is supported by service provider companies. Access to the Website may be temporally suspended for technical or force majeur reasons, such as: a) failures in the electric or phone lines, b) virus attacks to the Website servers, c) errors from Users when acceding the Website, d) fires, flows, earthquakes, e) strikes or labour conflicts, f) war conflicts. SERVITORO is expressly liberated from any responsibilities when the above occur.
The Terms of Purchase have been drafted and approved by SERVITORO on March 24, 2011 and shall remain in full force and effect until they are replaced by a new version through its publication on this Website.
These Terms of Purchase have been last updated on October 30, 2011.
12. APPLICABLE LAW AND JURISDICTION.
These Terms of Purchase shall be governed by Spanish law. Any dispute arising from them shall be submitted to the User(s) residence jurisdiction in accordance with the applicable legislation. Notwithstanding the above, in the event that the User(s) has its regular address outside the Spanish territory, the jurisdiction shall be determined in accordance with the applicable legislation and, secondarily, to the courts of Madrid city.
Regarding any dispute related to online commerce, online advertising, data protection, minors´ protection and accessibility, User(s) are additionally entitled to action CONFIANZA ONLINE (www.confianzaonline.es) extra-judicial dispute system in accordance to the terms of its Ethic Code. This system is represented by the Advertising Jury and the Consumers National Arbitration Body.