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LEGAL NOTICE
This legal notice regulates the use of this website (www.sportsemotions.com). SPORTS AND EMOTIONS, S.L. (hereinafter Sportsemotions) is a Spanish limited liability company with registered office at Calle de la Vila no. 71-3º, registered as a Limited Company in the Mercantile Registry of Girona, Book 0, Volume 2011, Folio 49, Page GI-33384, entry 1, C.I.F. B17769035, and whose contact email address is info@sportsemotions.com.
Portal function: The portal offers the possibility of purchasing online services that include tickets in the form of packages always with an added service (ticket packages), hotels, tours... for sporting, cultural or musical events held in Spain or abroad, specializing in those events where it is difficult to obtain tickets or where capacity is sold out. Sports and Emotions S.L. is, in addition to being a wholesale travel agency, an international ticket broker whose specialization is obtaining hard-to-get tickets. All ticket packages will be sold to final customers at the price set by the promoter plus the intermediation and management costs of SPORTS AND EMOTIONS S.L.
1.- User obligations towards the portal: The User undertakes to accept all the clauses of this legal notice, acting with the utmost diligence.
2.- Links: The owner of the website is not responsible for the information coming from links that are not owned by the portal owner, as SPORTS AND EMOTIONS S.L. cannot control their content. If a competent authority declares the illegality of the data, SPORTS AND EMOTIONS S.L. would immediately order its removal. This page therefore neither approves nor adopts the products, services, contents, information, data, files and any type of material existing on such websites or files and does not control nor, in accordance with the provisions of the LSSICE, assume responsibility for the quality, legality, reliability and usefulness of the information, contents, data and services existing on linked sites that are unrelated to this page. In the event that a competent authority declares the illegality of the data, orders their removal, access is prevented, or the existence of damage has been declared and we have been expressly notified of the corresponding resolution, the indicated links will be immediately removed.
3.- Trademarks: This portal indirectly and for informational purposes mentions certain terms and logos that constitute registered trademarks, and we are not responsible for the improper use that third parties may make of them. The owner of the portal is an independent company and may not have any relationship with the institutions or companies that own the aforementioned trademarks.
4.- Applicable legislation and jurisdiction: For any dispute or matter concerning the website www.sportsemotions.com, Spanish legislation shall apply, and the Courts of Barcelona shall have jurisdiction to hear any issues arising regarding the interpretation, application and enforcement thereof.
These General Conditions have been drawn up in accordance with the provisions of Law 34/2002, on Information Society Services and Electronic Commerce, Law 7/1998 on General Contracting Conditions, Royal Decree 1906/1999 regulating telephone or electronic contracting with general conditions in development of Article 5.3 of Law 7/1998, Law 26/1984 General for the Defense of Consumers and Users, Law 7/1996 on the Regulation of Retail Trade, and any other applicable legal provisions.
5.- Acceptance of the legal notice: These conditions regulate and apply to all contracts made through the portal www.sportsemotions.com. Making any reservation implies that you have read and accepted these contracting conditions. If the user does not accept or does not agree with all the terms and conditions specified herein, we kindly ask you to leave this page; otherwise, we will consider that you accept them.
6.- Access code: In the event that you have been given the possibility of creating a personal access code (password) to enter restricted-use areas, you will be the only person authorized to use it and therefore responsible for all activities carried out under that code. If you attempt or succeed in deciphering other users’ access codes, you will be committing a serious breach of security rules and will be immediately reported to the competent authorities.
7.- Intellectual and Industrial Property: All information, content, domain name, design, structure, logos, drawings, images, source code, automatic responses... that you may perceive on this Portal are the property of SPORTS AND EMOTIONS S.L. or, where appropriate, of the individuals or companies that appear as authors or rights holders. The misappropriation of these will result in the strongest legal prosecution, and the total or partial reproduction of the contents of this portal is strictly prohibited.
8.- Event schedules, date changes: Any type of event is subject to changes in date and time for various reasons. The relevant federations and event organizers are responsible for any changes, all of which are beyond the control of SPORTS AND EMOTIONS S.L. In football matches, schedules may change between 5 and 10 days before the match; until then, SPORTS AND EMOTIONS S.L. may change the schedules on its portal. The customer and/or user must be aware that it is their responsibility to verify on websites and local press the exact schedule of the event purchased, as well as to find out how to reach the venue where the event is held as conveniently as possible.
When purchasing tickets, you must take into account that matches scheduled for Sundays may be moved to Friday, Saturday or Monday, and matches scheduled for Wednesdays may be moved to Tuesday or Thursday, due to European competition obligations and television broadcasts.
9.- Limitation of liability: When a user purchases from SPORTS AND EMOTIONS S.L., they accept the following limitation of liability, which is a fundamental element of the agreement between the user and SPORTS AND EMOTIONS S.L. and essential for understanding the sale. That being said, SPORTS AND EMOTIONS S.L. states that the maximum liability assumed in the provision of the service shall never exceed the ticket amount. Therefore, if SPORTS AND EMOTIONS S.L. has a proven error in the provision of the service, its maximum liability will be limited to the amount explained above. SPORTS AND EMOTIONS S.L. shall also never be liable for loss of profit arising from an error in a commercial transaction.
9.1 Exclusion of Liability for Causes Attributable to the Event Organizer
9.1.1. Grounds for Exclusion. SPORTS AND EMOTIONS S.L. shall be exempt from all liability in cases where the football club, sports institution or event organizer (hereinafter, the “Organizer”), for reasons of security, public order, administrative decisions or any other similar and unforeseen cause, and without prior notice, decides to restrict access to the event to any spectator who does not have the status of a member of the club or institution.
9.1.2. Consequences and Limitation of Liability. In the event that the access restriction prevents the Client or beneficiaries from accessing the event, despite having purchased the ticket or package through SPORTS AND EMOTIONS S.L., the sole and exclusive liability of SPORTS AND EMOTIONS S.L. shall be to refund 100% of the amount paid for the ticket or package.
9.1.3. Force Majeure and Third Parties. The Organizer’s decision shall be considered, for the purposes of this contract, as an act of a third party and/or a force majeure event beyond the will and control of SPORTS AND EMOTIONS S.L. Consequently, SPORTS AND EMOTIONS S.L. shall not assume any additional liability arising from this exclusion, including, by way of example, indirect damages, travel expenses, accommodation or any other ancillary losses that the Client may suffer.
10.- Reservation and management pricing policy (Prices shown on the website include VAT): Our package prices are significantly higher than the face value of the tickets. When the customer/user makes a reservation or purchase, they explicitly accept and understand this price difference between the face value of the ticket and the value of the package with added services being purchased. At the time of purchase, the customer makes a Reservation and Management deposit, meaning that the payment made by the Client at the end of the purchase process is considered a deposit (or “reservation of funds”) and not the exclusive final price of the ticket. This deposit is intended to cover and secure the acquisition of the requested ticket(s), as well as the costs associated with the comprehensive management of the Service, at which time the corresponding invoice will be made available after the event.
11.- Cancellations and right of withdrawal. In cases where SPORTS AND EMOTIONS S.L. accepts cancellation for other reasons, minimum cancellation fees will apply: 15% for tickets and excursions and 20% for hotel cancellations. No refunds will be accepted once the event has taken place. For SPORTS AND EMOTIONS S.L. to process a cancellation request, it will be essential that the return of the tickets to the registered office of SPORTS AND EMOTIONS S.L. is made at least 7 days prior to the event, or that SPORTS AND EMOTIONS S.L. has not yet sent the tickets to the customer.
No changes or refunds of tickets will be accepted, except in the event of cancellation or suspension of the event.
In this regard, the BUYER (even if a consumer from the European Union, Norway, Liechtenstein or Iceland) may not exercise the right of withdrawal or termination provided for in Directive 2011/83 of the European Union, nor in Article 103 of Law 3/2014 of 27 March, which amends the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007 of 16 November, as the exercise of such right is excluded in these cases.
The BUYER must ensure, before completing the purchase process of the ticket(s), the accuracy and suitability of the data entered. The BUYER’s inability to attend the event and/or an error made during the purchase will not be valid reasons for requesting a refund of the ticket price. In accordance with current consumer and retail trade regulations, the BUYER may not exercise the right of withdrawal or termination, as the supply of services related to leisure activities is excluded from such right.
When an event is CANCELLED due to force majeure, natural disasters, strikes, etc., the buyer shall have the right to exercise the right of withdrawal or termination provided for in Article 103 of Law 3/2014 of 27 March, which amends the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007 of 16 November.
12.- Hotel cancellations: We inform you that acceptance of hotel reservation cancellations is governed by the hotels’ own policies. www.sportsemotions.com maintains agreements with hotels, agencies, wholesalers, etc., but does not have final decision-making power over them. However, if for any reason a customer requests a cancellation or refund of their reservation, our company, once it has analyzed the situation and reviewed the agreements with the different hotels, wholesale travel agencies, etc., will decide whether the refund is possible or, if applicable, what cancellation fee will apply, which may range from 25% to 100%.
13.- Shipping: Shipments will always be made through a courier service or by our company’s staff, or by transfer via the relevant club’s APP or other digital means. In both cases, the customer may always request a document proving that the product has reached its destination. When delivery is made to hotels, the delivery document will always be stamped with the establishment’s seal as proof that the shipment has arrived correctly. When delivery must be made to a private residence and, for any reason, it is impossible, SPORTS AND EMOTIONS S.L. will attempt to offer alternatives to its customers, such as collection at authorized points in the city where the event takes place, collection at SPORTS AND EMOTIONS S.L. offices or other alternatives, informing that due to the characteristics of these products, shipments may be made up to the day of the event itself, provided there is sufficient time to comfortably attend it. During the purchase process, the customer will have several delivery options available for the products purchased. In any case, the customer must always provide delivery details with sufficient time for SPORTS AND EMOTIONS S.L. to correctly provide the service. The customer must provide the details at least one week before the purchased event. If a customer fails to provide delivery details on time or the minimum conditions required by SPORTS AND EMOTIONS S.L. for proper delivery are not met, the company may unilaterally cancel the purchase, applying the minimum cancellation fees.
SPORTS AND EMOTIONS S.L. is not responsible for errors made by customers when providing delivery details, nor for third-party errors (courier companies, postal services, etc.) or force majeure situations (natural disasters, etc.) that may result in delays or cancellations, nor for losses of shipments at hotels or destinations once SPORTS AND EMOTIONS S.L. has proven that it has correctly and timely provided the service.
Shipping and collection methods:
1. Collection at ticket offices. When a customer has chosen this option, it will be their responsibility to arrive on time at the collection point and to bring the necessary identification previously sent by SPORTS AND EMOTIONS S.L. If the customer, for any reason unrelated to our company, fails to collect their tickets, they will have no right to any claim or refund.
2. Delivery of ticket packages to private addresses or companies. When a customer chooses this option, it is understood that this option is of their utmost trust. SPORTS AND EMOTIONS S.L. will do exactly what the customer instructs, but informs that it will not have any liability in the event that, once the service has been provided, the recipient(s) chosen by the customer do not deliver the envelope containing the ticket packages to the customer.
3. Delivery of ticket packages to hotels. When a customer chooses this option, the customer accepts as the strongest proof of delivery the document stamped by the hotel receptionist, in the absence of the customer.
4. Collection at offices or locations authorized by Sports and Emotions S.L. The customer must identify the person who will collect the shipment, and that person must sign a document confirming receipt.
5. Delivery of ticket packages by digital means.
14.- Responsibility for the product: All ticket packages are subject to availability. When a customer purchases more than one ticket within their ticket package, it cannot be 100% guaranteed that the seats will be together or in the same section or row, although SPORTS AND EMOTIONS S.L. will make every effort to ensure that ticket packages are as close together as possible. If, for any reason, the customer cannot be provided with seats in the contracted category, they will be offered a ticket in a higher category at the same price or an immediately lower one with a refund of the difference in the amount of the ticket packages purchased. If, for any reason, it is impossible to obtain the tickets that make up the package purchased by the customer or to offer any solution, SPORTS AND EMOTIONS S.L. will only be obliged to refund 100% of the amount paid by the customer.
15.- Types of events: SPORTS AND EMOTIONS S.L. classifies its events in various ways depending on their characteristics. There are several types of listings for each event:
In events where Sports and Emotions S.L. operates using the “Ticket Exchange” or “ticket exchange” tool listing, SPORTS AND EMOTIONS S.L. does not act as a direct provider or official agency, but rather offers its customers or users the possibility of purchasing tickets or packages where other sellers may offer their tickets. In this case, ticket prices will not be at face value, as different sellers may set and increase prices according to the commission they intend to receive.
16.- Jurisdiction: For these terms and conditions, as well as the relationship between the user or customers and the website owner, Spanish legislation shall apply, as SPORTS AND EMOTIONS S.L. carries out its commercial activity from Spain.
17.- Privacy Policy, see privacy policy section.
18.- CREDIT CARD PAYMENT DISCLAIMER
19.- Regulations regarding Champions League and UEFA Cup matches: We inform our customers that all our tickets are located in the local team areas; therefore, sales to supporters of the opposing team are prohibited, and we ask them to refrain from purchasing, as doing so would breach UEFA regulations. If they ignore this notice, the purchase will be made under their full responsibility with regard to any sanctions.
According to UEFA regulations and Sports Law 10/1990 and Law 19/2007, clubs as well as all companies related to them and their ticket sales must guarantee the total separation of supporters.
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