General Terms and Conditions of Sale
GENERAL TERMS AND CONDITIONS OF SALE AND CONTRACT OF MANANTIAL DE IDEAS S.L.
INFOTICKETIG - INFOTACTILE - SACATUENTRADA - TENEMOSPLAN
1. GENERAL INFORMATION
These terms and conditions of use (the "General Terms and Conditions of Sale") govern access to and use of the INFOTICKETIG mobile app (the "App") and the website, hosted under the domain name www.sacatuentrada.es and/or www.tenemosplan.com (the "Website") and under any of the subdomains or web pages dependent on it, as well as the application on touch devices located in Hotels, tourist offices, hotels, on the street itself, etc. (The "Totem"). The App, the Website and the Totems are (the "Points of Sale"), different digital devices where tickets can be purchased. As well as the contents and services that the owner of the Website makes available to its users (the "Users") and establish, together with the Privacy and Cookies Policy, relating to the management of Users' personal data, the terms and conditions governing the Website, the App and the totems (the "Terms and Conditions").
In compliance with article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the following identifying details of the owner of the Points of Sale are set out.
MANANTIAL DE IDEAS, S.L., responsible for the website, hereinafter RESPONSIBLE, makes this document available to users, with which it intends to comply with the obligations set forth in Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSICE), BOE Nº 166, as well as to inform all users of the website regarding the conditions of use.
Any person who accesses this website assumes the role of user, undertaking to observe and strictly comply with the provisions indicated herein, as well as any other legal provisions that may be applicable.
MANANTIAL DE IDEAS, S.L. reserves the right to modify any type of information that may appear on the website, without there being any obligation to give prior notice or inform users of such obligations, it being understood that publication on the website of MANANTIAL DE IDEAS, S.L. is sufficient.
MANANTIAL DE IDEAS, S.L. is a commercial company whose registered office is located in Calahorra, calle Bretón de los Herreros, number 2, bajo local 6 (26500), La Rioja with C.I.F. B-26450932. The contact email is: info@infotactile.com The contact telephone numbers are: +34 912302200 - +34 610649410 and it is registered in the Mercantile Registry of La Rioja, in Volume 696, Folio 140, Section 8, Page LO-12798.
Access to or use of the Points of Sale by the User necessarily implies, without reservation, knowledge and acceptance of the Terms and Conditions. Therefore, it is recommended that the User read them carefully each time they want to access the Points of Sale.
MANANTIAL DE IDEAS, S.L. It has created a ticketing system on the Website, which is a tool for organising events and buying and selling tickets through which it offers its Users the "Event Organisation Service" and the "Ticket Purchase Service".
Through the provision of the Event Organization Service and the Ticket Purchase Service, MANANTIAL DE IDEAS, S.L. acts solely as an intermediary in the purchase and sale of tickets between Users, and is outside the contractual relationship established by Users between them. To this end, MANANTIAL DE IDEAS, S.L. It offers a service to provide event organisers and the general public with a channel for the purchase of such tickets, but at no time does it act as an organiser or promoter of the event or show.
The Event Organization Service, the Ticketing Service shall be collectively referred to as the "Services".
In order to be able to use the Services offered at the Points of Sale, it is a necessary condition that the Users are of legal age, therefore, by accepting the following Terms and Conditions, the User declares that they are of legal age, as well as that they have the necessary capacity to contract the Services offered at the Points of Sale.
In relation to the above, the User will be, in any case, responsible for the accuracy and veracity of the data provided to MANANTIAL DE IDEAS, S.L. through the registration form and booking processes.
Those Underage Users who are interested in contracting the Services will require the prior authorization of their parents or legal guardians.
2. TICKET PURCHASE SERVICE
2.1. Description
MANANTIAL
DE IDEAS S.L. makes available to its Users a Ticket Purchase Service through
which Buyers can quickly and easily purchase tickets for Events through
different means.
MANANTIAL DE IDEAS S.L., only, acts as an intermediary between the Organisers and the Buyers in the purchase and sale of tickets for the Events, managing in the name and on behalf of the Organisers the distribution of tickets, so at no time does it act as an Organiser of the Events or participate in any organisational aspect of said Events.
2.2. How to buy tickets?
To purchase tickets for the Events available at the Points of Sale, it is necessary to follow the following steps:
1. Select the Event that the Buyer wishes to attend;
2. Once you have reviewed the information of the Event published by the Event Organizer, choose the number of tickets for the Event that you want to purchase and select "Continue";
3. Complete the registration form by entering the name and surname, email and password of the Buyer (the "Buyer Registration Form"), expressly accept the use of their personal data for the purposes requested, as well as the Terms and Conditions of MANANTIAL DE IDEAS S.L. that incorporate the Privacy Policy and select "Continue". The User shall be solely responsible for selecting a password with an appropriate level of security. To this end, the User is advised not to select obvious combinations as passwords that allow it to be easily deciphered by a third party. The User shall be responsible for safeguarding and maintaining secrecy in relation to his/her password, and shall not provide it to any third party. In the event that you suspect that your password has become known to a third party, you must immediately change it;
4. Enter the details of the payment method (through which you want to pay the price of the ticket(s) and select "Buy Tickets". At that time, the Buyer confirms that the payment details entered are correct and truthful and accepts that MANANTIAL DE IDEAS S.L. charges the Price of the ticket(s);
5. Subsequently, MANANTIAL DE IDEAS S.L. will send an email to the Buyer to the account indicated in the Registration Form confirming the purchase of the ticket(s) (the "Purchase Confirmation"). It is possible that the Purchase Confirmation will not be received in the "Inbox", since some Internet services detect it as spam, so MANANTIAL DE IDEAS S.L. recommends the Buyer to check the "Junk Mail" in any case; and
6. Once the Purchase Confirmation has been received, the Buyer will be able to download and print his/her ticket(s), which will indicate the information related to the event (date, time, venue, etc.).
2.3. How to access the Event?
The Buyer will be able to access the Event by handing in the printed ticket at the Event entrance where they will validate the ticket with a list or with an electronic device that scans a unique code inserted in the ticket. Even if several copies of the ticket are printed, only the first ticket presented at the entrance will be considered valid. Therefore, access to the venue will not be allowed, under any circumstances, to those who subsequently try to access with the same ticket.
Access to the venue where the Event is held is subject to the access and exit policies established by the Organiser and/or by the owner of the venue where the Event is held, if applicable.
2.4. Event Cancellation
Insurance Subscription
During the ticket purchase process, Users will have the possibility to take out event cancellation insurance. Such contracting will be subject to the conditions of contracting the insurance, which will be made available to the User prior to the subscription of the insurance.
2.5.
DescriptionTerms of Service
1. Ticket(s) are issued in accordance with the rules and regulations of the venue and the Event Organizer, which will be available to the Buyer at the venue box office. Violation of any such rules and regulations, or any other act that may result in damage, prejudice or injury, shall entitle the Event Organizer to expel the Purchaser from the venue;
2. Illegal resale of a ticket or attempted illegal resale constitutes sufficient cause for the seizure or cancellation of such ticket without the right to refund or any other compensation;
3. A ticket may not be used for advertising, commercial, promotional, games, contests or betting purposes, without prior, express and reliable authorisation from the Organiser and MANANTIAL DE IDEAS S.L.;
4. The Event may be recorded for commercial and/or promotional purposes, so Buyers give their consent by accessing the Event so that their image may be recorded and subsequently reproduced for the aforementioned purposes as part of the public;
5. MANANTIAL DE IDEAS S.L. does not participate in the organization of the Events, so it does not manage and is not responsible for aspects such as visibility conditions, acoustic quality, comfort of the premises, accessibility, access and exit policies of the venue, etc., which are the exclusive responsibility of the Organizer;
6. The Organiser reserves the right to refuse admission to the Event;
7. The Organiser is legally entitled to carry out the relevant checks and searches to verify that the security conditions are met within the venue where the Event is held;
8. Any ticket that is crumpled, torn or shows signs of forgery will authorise the Organiser to deprive its holder of access to the Event;
9. Neither MANANTIAL DE IDEAS S.L. nor the Event Organiser are responsible for the loss or theft of the ticket;
10. MANANTIAL DE IDEAS S.L. will be able to analyse and evaluate the possible fraud of the purchase of tickets, managing the "charge back" or repayment of payment to the Ticket Buyers if applicable, informing the Organiser of the event of the relevant actions; and
11. MANANTIAL DE IDEAS S.L. may communicate to the Organiser the information it has on ticket sales operations for its Events and statistics on User access to its Organiser Microsite, which will be subject to the utmost confidentiality.
3. EXCHANGE AND RETURN POLICY
3.1.
General aspects
1. Ticket changes or refunds will not be accepted, except in the event of cancellation or suspension of the Event. Except as established above, the User may not exercise the right of withdrawal or termination, in accordance with current consumer and retail regulations.
2. The impossibility of attending an event or show or the commission of an error when making the purchase of the ticket(s) (due to having entered the email incorrectly in the purchase process, for example) are not reasons that allow its return;
3. In accordance with current consumer and retail regulations, the Buyer may not exercise the right of withdrawal or termination since the supply of services related to leisure activities is exempt from such right;
4. In the event of suspension of the Event after more than half of the Event, the Buyer shall not be entitled to a refund of the Ticket Price;
5. Bad weather conditions do not entitle you to a refund of the ticket or the price of the ticket;
6. In the event of any cancellation or change that occurs in an Event, MANANTIAL DE IDEAS S.L. undertakes to (i) publish it on the Website and in the App in the Event section as soon as the Organizer has informed it, and (II) send an email to the Buyer at the address indicated in the Registration Form informing them of such cancellation or change;
3.2. Exchanges and returns
1. Ticket changes or refunds will not be accepted, except in the event of cancellation or suspension of the Event. Except as established above, the User may not exercise the right of withdrawal or termination, in accordance with current consumer and retail regulations.
2. The impossibility of attending an event or show or the commission of an error when making the purchase of the ticket(s) (due to having entered the email incorrectly in the purchase process, for example) are not reasons that allow its return;
3. In accordance with current consumer and retail regulations, the Buyer may not exercise the right of withdrawal or termination since the supply of services related to leisure activities is exempt from such right;
4. In the event of suspension of the Event after more than half of the Event, the Buyer shall not be entitled to a refund of the Ticket Price;
5. Bad weather conditions do not entitle you to a refund of the ticket or the price of the ticket;
6. In the event of any cancellation or change that occurs in an Event, MANANTIAL DE IDEAS S.L. undertakes to (i) publish it on the Website and in the App in the Event section as soon as the Organizer has informed it, and (II) send an email to the Buyer at the address indicated in the Registration Form informing them of such cancellation or change;
4. LIABILITY
MANANTIAL DE IDEAS S.L. only acts as an intermediary between the Organisers and the Buyers in the purchase and sale of tickets for the Events, managing the distribution of tickets in the name and on behalf of the Organisers, therefore:
1. Ticket changes or refunds will not be accepted, except in the event of cancellation or suspension of the Event. Except as established above, the User may not exercise the right of withdrawal or termination, in accordance with current consumer and retail regulations.
2. The impossibility of attending an event or show or the commission of an error when making the purchase of the ticket(s) (due to having entered the email incorrectly in the purchase process, for example) are not reasons that allow its return;
3. In accordance with current consumer and retail regulations, the Buyer may not exercise the right of withdrawal or termination since the supply of services related to leisure activities is exempt from such right;
4. In the event of suspension of the Event after more than half of the Event, the Buyer shall not be entitled to a refund of the Ticket Price;
5. Bad weather conditions do not entitle you to a refund of the ticket or the price of the ticket;
6. In the event of any cancellation or change that occurs in an Event, MANANTIAL DE IDEAS S.L. undertakes to (i) publish it on the Website and in the App in the Event section as soon as the Organizer has informed it, and (II) send an email to the Buyer at the address indicated in the Registration Form informing them of such cancellation or change;
5. USE OF THE WEBSITE, THE APP and TOTEM (THE POINTS OF SALE)
The User acknowledges and accepts that he/she uses the Points of Sale at all times at his/her own risk and responsibility, so that MANANTIAL DE IDEAS S.L. is not responsible for any misuse, improper use or use contrary to these Conditions that may be made of them.
Consequently, Users will be entirely responsible for the correct use of the Points of Sale subject to current legislation, whether national or international, as well as to the principles of good faith, morality, good customs and public order, and with the commitment to diligently observe any additional instructions that may be given to them by MANANTIAL DE IDEAS S.L.
Users shall refrain from using the services and contents of the Points of Sale for illicit or fraudulent purposes or effects that are detrimental to the rights and interests of third parties, or that in any way may damage, render useless, affect or deteriorate the operation of the Points of Sale, their contents and services. Likewise, it is forbidden to prevent the normal use or enjoyment of the Points of Sale by other Users. The User will be liable for any damages caused to MANANTIAL DE IDEAS S.L. as a result of the misuse of the Points of Sale or their use in breach of the Terms and Conditions.
MANANTIAL DE IDEAS S.L. cannot guarantee, absolutely, that the services, features and functions of its Points of Sale will be available at any time and place, nor that the software and hardware used are completely error-free. In the same way, MANANTIAL DE IDEAS S.L. cannot guarantee a fault-free transmission of data, through third parties, especially transmission through telecommunication networks and Internet providers. Consequently, MANANTIAL DE IDEAS S.L. declines any responsibility for damages of any kind that may arise from the above.
In particular, MANANTIAL DE IDEAS S.L. is not responsible for any potential damages or errors that, due to the presence of any virus, may be suffered by the computer system (hardware or software) of the Users when they access the Website, the App or use them.
In any case, MANANTIAL DE IDEAS S.L. will only be liable for any damages that the User may suffer as a result of a fraudulent or manifestly negligent action on our part, in relation to access to our Points of Sale, the provision of our services, as well as the use of our contents, tools and functionalities.
However, MANANTIAL DE IDEAS S.L. will make the reasonable means available to the User to ensure that the contents and services included in the Points of Sale are accurate and up-to-date.
If it deems it appropriate, MANANTIAL DE IDEAS S.L. may immediately suspend the provision of the service and, where appropriate, remove the content it deems incorrect or illegal, either at its sole discretion, or at the request of an affected third party or of the competent authority, without such suspension giving rise to any compensation.
6. LINKS TO THIRD PARTIES
MANANTIAL DE IDEAS S.L. does not assume any responsibility derived from the links that enable, through the Points of Sale, the User's access to features and services offered by third parties, provided that they are unrelated to the Points of Sale. Therefore, MANANTIAL DE IDEAS S.L. is not responsible for the information contained therein or for any effects that may arise from such information. Likewise, MANANTIAL DE IDEAS S.L. reserves the right to remove, unilaterally and without prior notice, the links that appear in the Points of Sale
If any User
or third party observes that such links may be contrary to the law, morality or
public order, they must inform MANANTIAL DE IDEAS S.L. by email
entradas@infotactile.com
MANANTIAL
DE IDEAS S.L. has signed integration agreements with third-party ticketing
platforms through which Users can purchase tickets, for which MANANTIAL DE
IDEAS S.L. declines any responsibility, so it is not responsible for the
operation of the same.
7. INTELLECTUAL AND INDUSTRIAL PROPERTY
MANANTIAL DE IDEAS S.L. is the owner or licensee of all the intellectual and industrial property rights included in the Points of Sale, as well as the content accessible through them.
The authorisation of the User to access the Points of Sale does not imply a waiver, transmission, licence or total or partial assignment of intellectual or industrial property rights by MANANTIAL DE IDEAS S.L., so its use is strictly prohibited.
The intellectual and industrial property rights of the Points of Sale, as well as the texts, images, graphic design, navigation structure, information and contents contained therein, are either owned by MANANTIAL DE IDEAS S.L. or it holds the necessary exploitation rights over them, in any form and, in particular, the rights of reproduction, distribution, public communication and transformation, in accordance with Spanish legislation on intellectual and industrial property rights.
Regardless of the purpose for which they were intended, the total or partial reproduction, use, exploitation, distribution and commercialization requires in any case the prior written authorization of MANANTIAL DE IDEAS S.L. Any use not previously authorised is considered a serious infringement of the author's intellectual or industrial property rights.
The designs, logos, text and/or graphics that are not owned by MANANTIAL DE IDEAS S.L. and that may appear on the website belong to their respective owners, who are responsible for any possible controversy that may arise in relation to them. MANANTIAL DE IDEAS S.L. expressly authorises third parties to redirect directly to the specific contents of the website, and in any case redirect to the main website of tenemosplan.com.
MANANTIAL
DE IDEAS S.L. recognises the corresponding intellectual and industrial property
rights in favour of its owners, and its mere mention or appearance on the
website does not imply the existence of any rights or responsibility over them,
nor does it imply any endorsement, sponsorship or recommendation by the same.
To make any type of observation regarding possible breaches of intellectual or
industrial property rights, as well as any of the contents of the website, you
can do so by e-mail entradas@infotactile.com.
The Organisers guarantee that they have been duly assigned or that they hold the ownership of all the intellectual and industrial property rights and, where appropriate, image rights, associated with the content included in each of the Events that they create and publish in the Points of Sale and, in order to promote pampering at the Points of Sale, assigns to MANANTIAL DE IDEAS S.L. all the rights to exploit these intellectual and industrial property rights. The assignment described shall be deemed to have been made for the whole world and without time limit.
8. TERMINATION OF USER ACCOUNT AND SUSPENSION OF SERVICE
MANANTIAL DE IDEAS S.L. reserves the right to admit and exclude Points of Sale from the Points of Sale. Any User who does not comply with the Terms and Conditions, as well as with the Privacy Policy of MANANTIAL DE IDEAS S.L. may be excluded from the Points of Sale.
Likewise, MANANTIAL DE IDEAS S.L. may withdraw or suspend at any time and without prior notice the provision of the Services to those Users who fail to comply with the provisions of the Terms and Conditions.
9. MODIFICATIONS TO THE GENERAL TERMS AND CONDITIONS OF SALE
MANANTIAL DE IDEAS S.L. reserves the right to modify these General Terms and Conditions of Sale in accordance with the applicable legislation at any given time, which will be duly informed at the Points of Sale, so it recommends that the User review them periodically to be informed of how MANANTIAL DE IDEAS S.L. protects their information.
10. LEGISLATION
These General Terms and Conditions of Sale have been drawn up in accordance with the provisions of the applicable regulations and, in particular, Law 34/2002 on Information Society Services and Electronic Commerce, Law 7/1998 on General Contracting Conditions, Royal Legislative Decree 1/2007 of 16 November 2007 approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, Law 7/1996, of 15 January, on the Regulation of Retail Trade.
11. GOVERNING LAW AND JURISDICTION
The applicable law in the event of a dispute or conflict of interpretation of the terms that make up this legal notice, as well as any issue related to the services of this portal, will be Spanish law.
Any controversy that may arise between MANANTIAL DE IDEAS S.L. and the users of the points of sale will be settled, with the Parties expressly waiving their own jurisdiction, by the Courts and Tribunals closest to Calahorra.
If the user is a consumer, nothing in this clause will affect the rights recognized as such by the General Law for the Defense of Consumers and Users.
12. IP ADDRESSES
The website's servers may automatically detect the IP address and domain name used by the user. An IP address is a number automatically assigned to a computer when it connects to the Internet. All this information is recorded in a server activity file that allows the subsequent processing of the data in order to obtain only statistical measurements that allow us to know the number of page impressions, the number of visits made to the web servers, the order of visits, the access point, etc.
13. DISCLAIMER
MANANTIAL DE IDEAS S.L. is exempt from any type of liability arising from the information published in its points of sale whenever this information has been manipulated or introduced by a third party unrelated to it.
14. USE OF COOKIES
This website may use cookies and other similar technologies such as local shared objects, flash cookies or pixels, which are small files that some platforms, such as websites, can install on the user's computer (computer, tablet, smartphone, etc.).
Its functions can be very varied: storing browsing preferences, collecting statistical information, allowing certain technical functionalities, storing information about the browsing habits of the user or their computer, etc.
The user has the possibility to configure their browser to be alerted to the receipt of cookies and to prevent their installation on their computer. Please refer to your browser's instructions for more information.
For more information about cookies, please see our Cookie Policy.
15. PROTECTION OF PERSONAL DATA
MANANTIAL DE IDEAS S.L. is deeply committed to complying with current regulations on the protection of personal data and guarantees full compliance with the obligations set forth therein, as well as the implementation of the required security measures.
For more information about the processing of personal data, please consult our Privacy Policy.
MANANTIAL DE IDEAS, S.L. informs that it has Complaint Forms available for users or consumers who request them. They can access them by requesting them through any of the contact details provided below. Even if it is not through a Complaint Form, any claim that the user or consumer deems appropriate to make will be addressed as soon as possible, at any of the following contact details of MANANTIAL DE IDEAS, S.L.: Postal address: C/ Bretón de los Herreros, 2 - local 6 bajo 26500 Calahorra (La Rioja). Email: info@manantialdeideas.com Telephone: 941 1450 57
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without the need to resort to the courts, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between both parties. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/