TICKETING GENERAL TERMS AND CONDITIONS AND PRIVACY POLICY

TICKETING GENERAL TERMS AND CONDITIONS AND PRIVACY POLICY

Date of publication: [26/09/2024]

1. General information

Valencia 5 Estrellas S.L. (hereinafter, “Roig Arena Entradas”), with registered address Calle Bomber Ramon Duart, Núm. 12 C.P. 46013 València (Valencia), and holder of Tax ID No. B-02.765.733. 

Contact details: 

• Telephone: +34 681 255 000
• Email address: entradas@roigarena.es

2. Purpose

2.1. The purpose of these general terms and conditions (hereinafter the “Conditions”) is to:

• Regulate the contract between the users (hereinafter, the “Users” or the “User”) and Roig Arena Entradas for the services related to the management and online sale of tickets and complementary services and products for the shows and events (hereinafter, the “Events” or the “Event”) offered on this Roig Arena ticket sales platform (hereinafter, the “Platform”), and
• Provide Users with the information they will need.

2.2. By simply accessing the Platform, the person who does so is considered a User and this implies that he/she:

• Accepts these Conditions and, where applicable, the specific conditions of sale available on the tab containing the information on each Event (hereinafter “Microsite”) accessible from the Platform.
• Has read, understands and comprehends the content.
• Is of legal age and has the necessary legal capacity to purchase the tickets (hereinafter the “Tickets” or “Ticket”) and/or ancillary services and products (hereinafter the “Products”) offered on the Platform, in accordance with these Conditions.

If the User does not agree to these Conditions, the User must abandon any transaction involving the purchase of Tickets and Products available on the Platform.

The User is under an obligation to carefully read these General Conditions, which are made available to him/her in a clear and easily accessible manner, and Roig Arena Entradas is exempt from any liability that may arise from the User’s failure to read or understand them.

2.3. Roig Arena Entradas will not be responsible for checking the truthfulness or accuracy of the data provided by the User and will not assume responsibility for persons who fail to comply with their obligation during the contracting process to provide information about themselves that is accurate, truthful and lawful.

2.4. The General Conditions are available in Castilian, Valencian and English. The Castilian version is the original linguistic version.

3. Ticket procurement/purchasing service

3.1. Roig Arena Entradas will not assume any responsibility for the suspension, modification, postponement or definitive cancellation of the Event. Where applicable, Users should address their complaints directly to the Event organiser or promoter (hereinafter the “Promoter” or the “Promoters”).

3.2. Information on each of the Events offered by Roig Arena Entradas can be consulted on the Event’s own Microsite.

3.3. Tickets will go on sale at the time and in the number agreed with the Promoters. The number of Tickets made available for sale by Roig Arena Entradas varies from one Event to another. Tickets for the same Event may be sold through different official distribution points.

3.4. The User agrees not to obtain or attempt to obtain any Ticket or Product through the unauthorised use of bots, robots, automated devices or any other unlawful or unauthorised activity. Roig Arena Entradas reserves the right to cancel without prior notice any transaction suspected of having been made in breach of these prohibitions.

3.5. Roig Arena Entradas may set a maximum number of Tickets that can be purchased by the same person or with the same credit/debit card for the same Event, as well as establishing other limitations that will be communicated to the User during the purchase process. If, despite the limitation, due to an error on the Platform, Users purchase more Tickets than the number allowed, Roig Arena Entradas may cancel the Tickets that exceed the number allowed per operation, after informing the User.

3.6. The resale of tickets is not permitted.

3.7. Tickets may not be used for advertising, promotions, prize draws or competitions without prior express written authorisation.

4. Ticket purchase process

4.1. The User must select the Event he/she wishes to attend from the Events available on the Platform. Before proceeding with the process, it is recommended that the User reviews the information published by the Promoter regarding the Event as there may be additional or different conditions to those provided herein that the User needs to be aware of.

Once the Event has been selected, the User must select the number of Tickets he/she wishes to purchase taking into account the limitation established on the Platform in accordance with Clause 3.5.

4.2. The User must then complete a registration form as a buyer by following the instructions indicated on the Platform and entering the details requested during the registration process. The User must expressly accept these present Conditions.

Once registration has been completed and the Conditions have been accepted, the User will have the option to continue the Ticket or Product purchasing process.

Purchases are conditional upon verification of the payment method used and other security checks. The transaction may be cancelled if the verification process is unsuccessful. If Roig Arena Entradas detects any problem with the transaction, it will inform the User as promptly as possible.

4.3. A handling fee may apply to the purchasing of Tickets. These fees will be included in the final price and will be duly itemised. The handling fees will be paid together with the price and in the same manner chosen to make the payment.

4.4. The purchase process will be considered completed when Roig Arena Entradas sends the confirmation email, which will include proof of purchase of the Tickets, to the email address provided by the User. Roig Arena Entradas will inform the User of the methods and formats for downloading and receiving the Tickets available to him/her.

5. Tickets

5.1. Any Tickets that Users acquire on the Platform are the property of the Promoter. The Promoter reserves the right to withdraw Tickets from Users and deny them access to the Event. If this occurs, the Promoter will reimburse the User for the purchase price of the Ticket that has been withdrawn or for which access is denied.

5.2. Roig Arena Entradas is not responsible for Tickets purchased at unofficial points of sale, nor for price differences with other Ticket sales channels. The User assumes all responsibility in case of duplication, photocopying or falsification of the Tickets, losing all the rights that this grants him/her to be able to access the venue.

5.3. Some of the Tickets offered may have certain limitations relating to access or use, such as limited, obstructed or side view, or minimum age for access. These limitations will be published or communicated to Users prior to the purchase of the Tickets. Roig Arena Entradas, as the marketing company, is not responsible for the conditions (quality, acoustics, visibility, comfort, accessibility, etc.) under which the Event may actually take place, so any complaint about these conditions should be addressed directly to the Promoter.

6. Exchanges and refunds

Once the purchase process has been completed, changes or refunds of Tickets will only be admitted in the event of cancellation of the Event or other causes provided for in current legislation. If any of these cases arise, Roig Arena Entradas will inform Users and give them instructions on how to proceed as promptly as possible.

Bad weather, inability to attend the Event or errors in entering any information during the Event Ticket purchase process that have not been rectified in a timely manner are not grounds for exchanges or refunds.

Users are encouraged to carefully review all the information relating to the Event before confirming their purchase. The Platform will provide information on the technical means made available to the User so that he/she can identify and correct data entry errors.

7. Cancellation or modification of the Event

If the date and/or location of an Event is changed or its cancellation occurs (partial or total cancellation, due to force majeure, etc.), Roig Arena Entradas will act in accordance with the applicable regulations in each case, and may proceed in any of the following ways:

1. a) Refunding the price of the Tickets to the Users, or
2. b) Offering Users the choice between refunding the price of the Tickets or accepting a change of date and/or location of the Event.
3. c) In the case of a partial cancellation, the price may be refunded proportionally based on the time elapsed, or no refund at all if more than one third of the event has passed.

The decision on the cancellation, suspension or modification of the Event corresponds to the Promoter, therefore, until the Promoter informs Roig Arena Entradas of its final decision and gives the express order to refund the purchase price of the Tickets, Roig Arena Entradas will not be able to proceed with the refund of the purchase price. The refund does not include the handling fees. Roig Arena Entradas will only manage and/or authorise changes or refunds of Tickets purchased through the Platform.

8. Prices and payment methods

8.1. The price of the Tickets and Products is expressed in euros, and is accompanied by a breakdown of the price, taxes and handling fees applicable. The handling fees are payable in accordance with the provisions of Clause 4.3 of these Conditions.

8.2. During the purchase process, the User may choose any one of the payment methods available on the Platform. The User guarantees that he/she is authorised to use the means of payment used to purchase Tickets and Products.

9. Conditions of access

9.1. The User may access the Event by presenting the Tickets purchased on the Platform in digital or printed form. Only the first Ticket presented at the access control will be valid.

9.2. Users will be informed about the specific conditions of the Event and the policies relating to access to and exit from the Event. Failure to comply with these conditions or the commission of acts that could impede the normal conduct of the Event or cause damage to persons or property will entitle the Promoter and/or venue operator to expel the User from the Event, without the User being entitled to a refund of the Ticket price, as well as to take appropriate measures to ensure the normal conduct and/or the safety of the Event.

9.3. The Promoter and the Venue Operator reserve the right of admission to the Event.

9.4. Users are advised that any Event may include special effects, sound and lighting effects and audio-visual effects and that prolonged exposure to noise may cause hearing loss.

10. Right of withdrawal

The User who purchases Tickets may not exercise the right of withdrawal provided for in Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Consumer and User Protection Act, since, in accordance with current consumer and retail trade regulations, services related to leisure activities that provide for a specific date or period of execution are exempt from this right.

11. Formalisation, duration, validity and full agreement.

11.1. The contract for the purchase of Tickets and/or Products is formalised between Roig Arena Entradas and the Users when the User receives the email confirming his/her order.

11.2. These Conditions are applicable as from their publication and are of indefinite duration. Roig Arena Entradas reserves the right to unilaterally modify these Conditions, as well as any other applicable conditions, at any time. The amendments made will not be retroactive, unless permitted by law.

11.3. These Conditions and, where applicable, the particular conditions of sale for each Event, constitute the full agreement between the parties. The declaration of nullity or ineffectiveness of any provision contained in the Conditions will only affect that provision or that part of it which is affected, and it will be deemed not to have been made.

12. Legislation and jurisdiction

These Conditions are governed by Spanish law. Any dispute that may arise from the purchase of Tickets and/or Products, or for any other reason arising from the application and/or interpretation of these Conditions, will be expressly submitted to the Courts and Tribunals of the city of Valencia, with express waiver of any other jurisdiction that may correspond, except in those cases in which the contrary is legally established.

13. Customer care service and complaints

The Platform provides Users who have purchased Tickets and/or Products on the Platform with a customer care service which Users can contact if they have any queries or complaints regarding their purchase. When raising a query or complaint, the User must indicate the order number. This number will have been provided in the confirmation email.

For any other complaint, the User can contact Roig Arena Entradas by sending an email to: entradas@roigarena.es 

Consumers can also send their complaint to the “Dispute Resolution Platform” established by the European Commission, which can be accessed via the following link: http://ec.europa.eu/consumers/odr/

14. Privacy policy[1]

In accordance with Regulation (EU) 2016/679 of the Parliament and of the Council of April 2016 on the protection of natural persons with regard to the processing of their personal data and Organic Law 3/2018 of 5 December on personal data protection and guarantee of digital rights, Valencia 5 Estrellas SL (hereinafter, V5E) informs you of the following:

Identity and contact details of the data controller

• Name and identity: Valencia 5 Estrellas SL (hereinafter referred to as ‘V5E’)
• Tax ID Code: B-02765733
• Address and Postcode: C/ Bomber Ramon Duart, número 12, Valencia, CP 46013
• Contact information: rgpd@roigarena.es

Personal data we process and where the data comes from

The aforementioned personal data may originate from the data subject himself/herself or, in the case of minors, from his/her legal representative or volunteer.

As a user, you guarantee that the personal data provided to V5E are true and accurate, and you undertake to communicate any changes to them, if necessary, as well as to have obtained the information and provided it to V5E with the consent of the owner in the case of providing third party data.

Purposes and legitimacy of the processing of your personal data

V5E will process your data for specific, explicit and legitimate purposes. V5E will take into account the principle of data minimisation, and will collect and process the data that are necessary and relevant for the purposes set out below, with the legitimacy that will be specified in each case:

Recipients of the personal data

The communication of personal data to third parties is subject to adequate data protection measures and based on an appropriate legal basis. V5E requires that the third parties with which it shares personal data comply with the applicable data protection laws and regulations and implement appropriate data protection and security measures to ensure the privacy and security of the personal data.

In order to fulfil the purposes set out in this Privacy Policy, it is sometimes necessary for third parties to access the data. Depending on the nature of the data, these third parties may include:

• Licampa 1617 SL: data processor and owner of the app/website.

• Enterticket, S.L.: sub-processor that manages the ticket sales platform and provides technical support services and customer service related to the purchase of tickets.

• Comercia Global Payments/Caixabank: Payment service provider that processes the transactions made through the app/website.
• Public authorities, regulators or governmental bodies: These bodies will be recipients of the data in those cases in which it is necessary to provide the data by law, local regulations or requirements.
• Law enforcement agencies and security forces: Law enforcement agencies and security forces that may require access to personal data in the performance of their duties and responsibilities.

Retention period of your personal data

The personal data provided by the user will be kept for the time strictly necessary to fulfil the purposes for which they were collected, unless a longer retention period is required or permitted by law.

The personal data will be deleted or anonymised when they are no longer necessary or relevant for the purposes for which they were collected and are not subject to any legal obligation regarding their retention, and V5E will always take into account the principle of limitation of retention period.

Your data protection rights

• Access: You have the right to access your data, as well as the right to know whether or not your personal data is being processed. In this regard, you may obtain a copy of your personal data, although the exercise of this right may not adversely affect the rights of other persons and their right to data protection.
• Rectification: You have the right to rectify inaccurate data or to complete incomplete data.
• Limitation: You have the right to limit the processing of your data in any of the following circumstances:
  • You challenge the accuracy of the data, for a period of time that allows us to verify its accuracy.
  • When you prefer limitation to the deletion of the data.
  • When your data is not processed and needs to be deleted, but is needed to make a complaint or respond to a request.
  • Where you have objected to the processing, but the legitimate grounds for the objection are being verified.
• Opposition: You have the right to object at any time, on grounds relating to your particular situation, to the lawful processing of your personal data.
• Deletion: You have the right to have your data deleted without undue delay, provided that there is good cause for doing so.
• Portability: You have the right to receive your personal data in a structured, commonly used and machine-readable format, where technically feasible. This right may not adversely affect the rights and freedoms of another party.
• Freedom from automated decisions: You have the right not to be subject to decisions made as a result of automated processing, including profiling, that are likely to have a significant impact on you.

Furthermore, in the event that the processing of personal data by V5E is based on consent, you will have the right to withdraw this consent at any time, without affecting the lawfulness of the processing based on the consent prior to its withdrawal, it being as easy to give consent as it is to withdraw it.

You also have the right to lodge a complaint with the Spanish Data Protection Agency if you believe that we have infringed your rights (www.aepd.es).

How to exercise your rights

By sending an email to rgpd@roigarena.es.

In the case of minors under 14 years of age, the exercise of these rights will be carried out by the person with parental authority or by guardians.

Existence of automated decisions or profiling and information on the use of artificial intelligence

We personalise the commercial and promotional products and services we offer based on your interests and preferences, whether they be dietary, musical or sporting, among others, and on the basis of the products and services you contract with us, provided that you consent to receiving commercial communications or based on our legitimate interest in the prior contracting of similar services and/or products. This profiling will be carried out with the aim of optimising the products and services we offer you, without generating any negative impact for you.

You may also object to the processing of your data at any time by sending an email to the contact indicated in the previous section (rgpd@roigarena.es).

Security measures applied to personal data

V5E is committed to implementing and maintaining appropriate technical and organisational security measures to protect the personal data we collect from destruction, loss, alteration, unauthorised disclosure or unauthorised access.

These security measures include, but are not limited to, restricting access to personal data, implementing strong password policies, backing up data and conducting regular security assessments. In addition, training and awareness-raising is provided to our staff in relation to personal data protection and information security.

However, we cannot guarantee that the personal data collected will be completely secure and we disclaim any liability for any security breach that may occur, without prejudice to our compliance with our legal obligations regarding data breaches.

International data transfers

V5E does not transfer personal data that is or will be processed after transfer to a third country or international organisation.

Changes and updates to our Privacy Policy

We may update and modify our Privacy Policy at any time and from time to time to accurately reflect our privacy practices.

We, therefore, recommend that you consult this Privacy Policy frequently, so that you are aware of any changes or modifications.

If you have any questions about our Privacy Policy, you can contact us by sending an email to: rgpd@roigarena.es.

[1] This privacy policy refers to the sale of tickets to users of the website/app for any event taking place at the Roig Arena. To find out about other processing carried out by Valencia 5 Estrellas SL, please refer to the other privacy policies or explanations of data processing available.