1. LEGAL NOTICE
In compliance with the duty of information contained in Article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, this website and domain www.pointicket.com (the “Platform”) is owned by Pointicket Events, hereinafter THE COMPANY, with tax identification number B-87144820 and registered office at calle de Hermosilla 48, 1º, 28001, registered in the Mercantile Registry of Madrid, page M-590351, folio 129, volume 32797 of the file.
1.2.- The use of this web page attributes the condition of User to whoever does it and implies the acceptance of all the conditions included in this Legal Notice and in the General Conditions, assuming the User the responsibility of the use of the web. The User must read these conditions each time he or she accesses this website, as they may be modified in the future. Some aspects of this website, due to their speciality, may be subject to particular conditions or rules that may replace, complete or modify this Legal Notice, and therefore must also be accepted by the User who uses or accesses them.
1.3.- All the contents of this Website (text, photographs, graphics, images, technology, software, links, audiovisual or sound content, graphic design, source code, etc.), as well as trademarks and other distinctive signs are the property of Pointicket or third parties, and the User does not acquire any rights over them by the mere use of this Website. The User must refrain from: a) reproducing, copying, distributing, making available to third parties, publicly communicating, transforming or modifying the contents of this Website, except in the cases contemplated by law or expressly authorized by Pointicket or by the owner of such rights; b) reproducing or copying for private use the software, images, videos or databases existing on this Website, as well as publicly communicating them or making them available to third parties when this entails their reproduction; c) extracting or reusing the contents of this Website.
1.4.- Pointicket is not responsible for controlling that this website does not contain malicious software or any other harmful computer element. It is the responsibility of the User, in any case, to have adequate tools for the detection and disinfection of these elements. Accordingly, Pointicket is not responsible for any damage to computer equipment during access to this website. Likewise, Pointicket shall not be responsible for damages caused to Users when such damages are due to failures or disconnections in telecommunications networks that interrupt the service of this Website.
1.5.- The User agrees to make proper use of this Website in accordance with the Law, this Legal Notice and other conditions, regulations, rules and instructions that may be applicable. The User will be liable to Pointicket and to third parties for any damages or losses that may be caused by non-compliance with these obligations.
1.6.- This Legal Notice is governed in its entirety by Spanish legislation. For the resolution of any conflict regarding the interpretation or application of this Legal Notice, the User expressly submits to the jurisdiction of the courts of Madrid (Spain).
1.7.- Being a User of the website www.pointicket.com implies that you acknowledge having read and accepted the Legal Notice, the General Conditions of Purchase and all the legal regulations applicable to this matter. If for any reason you do not agree with these conditions do not continue to use this website.
2. CONTRACT CONDITIONS (BUYING)
Before making a booking, please read the following conditions carefully:
2.1.- Previous information
Pointicket offers a service on its Internet site at the address www.pointicket.com (hereinafter the “Platform”) for the booking of tickets for events, which brings together Users who make reservations (hereinafter the “Users”) for tickets and Ticket Suppliers (hereinafter the “Suppliers”).
The Platform allows the booking of tickets for events by the User, with the Suppliers providing the tickets for the booking. The User contracts our intermediary services and customer service.
Both the Users and the Suppliers are solely responsible for the decision making in the finalisation of the booking of the tickets. Acceptance by Users and Suppliers of these General Terms and Conditions of Use of the Platform allows the User to access the Platform to book tickets under the terms defined below. Bookings are managed by Pointicket, which does not hold ticket stocks and is not the owner of the tickets. The Platform is not the official ticketing site, although the tickets it offers are always official.
The Platform will only act as an intermediary between Users and Suppliers, facilitating the delivery of tickets from one party to the other, providing information on published events and a premium customer service.
2.2.- Nature of our Service
Welcome to the online ticket booking site www.pointicket.com (the “Platform”). These Terms and Conditions (“Agreement”) set out the terms of the agreement between you and Pointicket for the booking of tickets and all other services provided by Us (the “Service”). By using our Site, you accept this Agreement.
Through the Platform, an online platform is provided through which Suppliers can advertise their products for booking by Users. By using the Platform Service, the User establishes a direct contractual relationship with the Platform where he/she has booked the ticket. If, for any reason, the booking is cancelled, this relationship will be terminated without any possibility of complaint.
From the moment the User makes his or her booking, the Platform acts solely as an intermediary between the User and the Ticket Provider. We transmit the relevant booking data to the Provider and send you a confirmation email on behalf of the Provider.
Pointicket does not (re)sell or offer any products on the Platform.
2.3.- Free Service: Our Suppliers
The Service offered on our platform is free of charge for the User because we do not charge for our Booking Service and do not add (booking) supplements to the price. The User pays the Supplier the amount indicated in the Booking (plus any charges not included in the price, such as relevant applicable taxes, tax levies and surcharges, if applicable).
Suppliers pay a commission (a small percentage of the booking price) to the Platform after the User has attended the event. Suppliers can improve their position in the Supplier Ranking by increasing their commission (Extra Visibility). The use of extra Visibility (increasing the amount of commission for a better ranking position) is at the discretion of each Supplier and can be used from time to time and according to the reliability and track record of the Supplier. Special entries pay a higher commission in exchange for a better ranking position.
Only Suppliers that have a business relationship with Pointicket will be available on the Platform for the publication of their tickets. The Platform is not an open platform (like Amazon or eBay) on which Suppliers can advertise their products (it is not a C2C platform). Pointicket does not allow non-professional parties to offer their tickets through the Platform.
2.4.- Assignment of seats
The tickets in the booking are assigned contiguously. That is, if the user books two tickets, they will be next to each other. If the user books three or four tickets, they will also be next to each other. If the reservation is for more than four tickets (five tickets or more), they can be assigned in pairs within the same sector, without leaving any user of the reservation alone.
2.5.- Availability and guarantee
When you reserve tickets on Pointicket, you are guaranteed to receive the tickets you have reserved in time for the event. In the unlikely event that a problem arises and the original Ticket Supplier is unable to deliver the tickets offered for sale, Pointicket will, in its sole and absolute discretion, find alternative tickets and offer you a replacement at no additional cost, or you will be refunded the full amount of the booking. In this case, the user will have nothing to complain to the platform as there would no longer be any relationship with the platform.
New Tickets are chosen by Pointicket in its sole and absolute discretion. Ticket Suppliers on the Platform, provided that they submit the exact number of tickets provided and the User is able to successfully access the event, Pointicket guarantees that the User will be paid for their booking.
On very rare cases, Pointicket cannot guarantee the availability of tickets. In this case, Pointicket reserves the right to search for tickets through all sales channels up to 24 hours before the event. If the day before the event arrives and tickets cannot be provided, a full refund will be made to the User. If it is not possible to obtain the tickets for organisational or technical reasons, Pointicket will refund the full amount of the booking without the User being able to claim anything.
In case of availability in a higher category (upgrade), the User will be assigned to that category without previous notice. A higher category is understood to mean: for example, if the reserved tickets are located in a second ring, tickets can be delivered in the first ring. The delivery of tickets whose face value is higher than that of the reserved tickets will also be considered an upgrade.
We make no warranties with respect to the software, tickets, events, and services provided on the Platform, or what sellers or buyers may perform as promised, and expressly disclaim any such warranties whether express, statutory or implied, including, without limitation warranties of quality, title, non-infringement of third party rights or fitness for a particular purpose.
Transparency and security are the maxims of Pointicket. Each booking will have its final price indicated, including tax, booking fees, service and management fees or any other applicable expense. The prices indicated on the screen will be those in force at any given time, except in the case of a typographical error. The maps on the site may not reflect the exact location of the seat.
Final prices vary according to the show and are updated according to supply and demand, therefore prices may be lower or higher than the face value of the tickets.
2.7.- Method of payment
Once you have selected the tickets for the event and the sector, you can proceed with the payment transaction. The purchase can be made by credit or debit card or Paypal. At the end of the payment transaction, an e-mail is sent with the relative receipt containing the purchase number and the booking confirmation.
2.8.- Shipping and refund policies
2.8.1- Shipping and refund the tickets
For organizational and security reasons, the tickets will be guarded by Pointicket and will be sent the week of the event, that is, the User will receive the tickets 5 days to 24 hours prior to the date of the event. On occasion, tickets may be sent earlier to the user.
Tickets will be sent in PDF format (eTicket – print@home) to the email of the User with whom the booking was made. The User can also download the tickets from his personal area if he registered at the time of booking with his email and password.
Some organisers do not issue tickets in pdf format, only in paper format, in these cases you will receive your tickets by post at home without any cost sufficiently in advance so that you can attend the event in case you have to travel to another country.
Every purchase has an identification number, which will be the purchase number. The user will have to print their tickets, take them to the event… enjoy the show!
2.8.2.- Return, refund, cancellation of the reservation and the right of withdrawal
In accordance to the laws on electronic commerce and distance selling (Legislative Decree n 185, dated May 22, 1999) it is NOT possible to cancel the purchase of tickets, neither to obtain reimbursement of nominal value, nor to change the date, or to modify the order.
Once the tickets have been booked, they will not be exchanged or refunded. The impossibility of the User to attend an event or show is not a reason for a refund. The commission of an error by the User when booking the tickets, such as an error in selecting the day of the event or the category of the ticket, is not a reason for a refund or reimbursement.
The purchase of tickets for shows is excluded from the right of withdrawal. The User may not exercise the right of withdrawal or termination, in accordance with current consumer legislation. This is an exception contained in art. 103 of the General Law for the Defence of Consumers and Users, transposed from European Union regulations).
Therefore, the return and refund of event tickets are substantially excluded from the right of withdrawal.
In general, tickets allow the bearer access to the venue without the name of the person attending the event appearing on the ticket. However, there may be nominative tickets. Here, the User must identify each “event attendee” by name and surname. If someone is unable to attend, the User will not be able to pass them on to anyone else. This is another reason why it is not possible to return or refund the ticket, once it has been issued and nominated in the name of the User, it is exclusively theirs and cannot be transferred to another User.
Occasionally, shows are subject to cancellation, change of date or substantial alteration by the organizer, the artist or the promoter for a variety of reasons (e.g. artists’ strike). If a show is completely cancelled and is not postponed to a new date, the User may request a refund of the ticket(s) (face value) received within 10 calendar days of the cancellation by contacting email@example.com. After this period, it will be understood that the User does not request a refund.
The “face value” of a ticket is the price that appears on each ticket sent to the User and does not include the costs of the organizer, ticket issuance, booking management or other platform costs.
The site www.pointicket.com does not assume responsibility for costs and damages derived directly or indirectly or related to the order that cannot be attended or completed, such as cancellation costs of hotels, flights or other reservations.
The Company may cancel any booking at its discretion if it believes that legal regulations have been violated as well as our terms and conditions or those of the event organizer.
2.9.- Venue changes, date changes and program changes, cancellation or postponement event. Conditions for Covid-19.
Given the current circumstances with the massive postponement and cancellation of events on the occasion of Covid-19, the following eventualities are explained in detail:
2.9.0- For security and organizational reasons, Pointicket will send the tickets by email to the user from 5 days to 24 hours prior to the date of the event.
2.9.1- If the start or end time of an event is changed and yet the event takes place on the same day, the User is not entitled to obtain a replacement ticket or receive a refund.
2.9.2- In case of changes in the schedule of an event, the User is not entitled to change his ticket or be refunded.
2.9.3- In case of a change of venue, this is in no case a reason for the return or exchange of the tickets and is the sole responsibility of the organizer.
2.9.4- If the organizer cancels an event, the User may request a refund by sending an email to firstname.lastname@example.org within 10 calendar days from the day after the event was cancelled. Once this period has expired, it is understood that the User does not request a refund.
The website www.pointicket.com acts as an intermediary, so it is not responsible for any changes and / or cancellation of the shows by the organizer. Administrative costs, management fees, agency fees and additional costs or commissions of our website and service are excluded from the refund. The refund will be made at the times and in the manner decided by the organizer and as quickly as possible, which in any case will not exceed one month. The right to reimbursement refers only to the nominal price (face value); it is not possible to obtain a reimbursement for any ancillary services (shipping, agency fees, platform fees, issuing costs and management or administration fees).
2.9.5- In case the organizer postpones an event, the tickets will remain valid for the new date, not being able to request www.pointicket.com to refund the tickets. If it is necessary to issue new tickets for the new date, this management will be done by our website so the User will not have to carry out any management.
2.9.6- If a user cannot attend the event for testing positive for Covid-19, have another illness or death, you cannot request a refund for tickets from our website.
2.9.7.- In the above cases, Pointicket could study the possibility of changing the tickets for other dates, always at the discretion of our company. The website www.pointicket.com is not responsible for informing about the eventual cancellation, postponement or relocation of the events, however it will inform as much as possible about these eventualities. In any case, Pointicket does not assume any responsibility for costs of transport, lodging and similar derived or caused directly or indirectly by the cancellation, postponement or relocation of events, nor of any claim, damage, indemnification, loss or expense derived from the cancellation, postponement or change of the event.
2.9.8.- Events with mandatory “Green Pass”
In events where a “Green Pass” is required to access the event, each attendee must carry it and each attendee will be responsible for having it and presenting it at the entrance. No refunds will be given for non-compliance with this regulation. The attendee will be solely responsible for attending an event where it is mandatory to have the “green pass”, and must carry it with him/her.
2.9.9.- Impossibility of attendance of the User for any reason related to the Covid-19.
Pointicket acts as an intermediary, so it will not be responsible for any decision about the rules established by the organizer of the event or ticket office. Any rules not regulated in these terms and conditions will be regulated by the rules of the event organizer.
In the event that the User is unable to attend for any health reason, he/she will not be entitled to a refund or cancellation of his/her ticket reservation. In this sense, the User will be provided, if required, the way to transfer his tickets to another person. It will be understood as a sanitary reason: being positive in any test the day before or the same day of the show, not being able to attend the show for personal reasons related to Covid, not being able to take a flight to the show, any type of confinement in the country of origin or destination, sanitary restrictions regarding the country of origin, among others.
In the event that the organizer provides for reimbursement for any of the above reasons or others, the User will only be reimbursed the face value of each ticket, understood face value as the cost of the ticket without additional management and other fees. In these cases, the User will have to prove the justification on which it is based.
For any claim, complaint or suggestion, the User may do so by using the contact form or by sending an email to email@example.com.
These general terms and conditions are governed by Spanish law. Any dispute that may arise in relation to the website or the activity carried out therein shall be submitted to the Courts and Tribunals of Madrid, the User expressly waiving any other jurisdiction to which he/she may be entitled.
2.11.- Condition of access and use of the ticket
Any complaint related to the performance, suspension, modification or cancellation of the event should be addressed to firstname.lastname@example.org.
2.12.- Modification of the General Conditions
If Pointicket changes these Terms, we will post a revised version of this Agreement, which will automatically supersede the terms of this Agreement. Your continued use of the Platform and the Service following Pointicket’s posting of a revised Agreement will constitute your acceptance of the revised Agreement. If you disagree with the terms of this Agreement or any revised version of this Agreement, do not continue to use the Service or the Platform.
3.1.- Compliance with applicable regulations
Your personal data is used by Pointicket that possesses them for their treatment, in accordance with the principles of protection of personal data established by the Organic Law 3/2018, of December 5, of Protection of Personal Data and guarantee of digital rights, Law 34/2002, of July 11, of information society services and electronic commerce and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, so that they are never transferred to third parties, while ensuring that the user’s personal data are used and processed correctly.
Likewise, Pointicket informs that it complies with Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce and will request the User’s consent for the processing of his/her e-mail for commercial purposes at all times, in order to inform them, by any means, including e-mail, of products and services of www.pointicket.com.
If you do not authorize the processing of your data for the purpose indicated above, you may exercise your right to oppose the processing of your data under the terms and conditions provided below in the contact email email@example.com.
3.2.- Purpose of data processing
We inform you that the data will be processed through electronic and paper means for the following purposes:
If you refuse to allow your personal data to be processed, you will not be able to use the service requested by you. Therefore, the confidentiality of the User’s personal data will always be respected and will only be used for the purpose of managing the services offered, dealing with any requests that may arise, carrying out administrative tasks, as well as sending technical, commercial or advertising information by electronic means.
3.3.- Exercise of ARCO Rights: Access, Rectification, Cancellation and Opposition
In accordance with the European Regulation 679/2016 (RGPD) and the national legislation, those individuals who have provided their data through the website www.pointicket.com , may contact the owner of the same in order to exercise their rights of access, rectification, cancellation and opposition with respect to the data included in their files.
The interested party may exercise their ARCO rights at any time by virtue of Articles 15 and following of Regulation EU 2016/679, by sending a communication to www.pointicket.com with the reference “Data Protection”, specifying their data, accrediting their identity and the reasons for their request to the following e-mail address: firstname.lastname@example.org.
3.4.- Retention period
The data required for contractual and accounting purposes are kept for the time necessary to carry out the business and accounting relationship. The data of those who do not purchase or use products/services, even if they have had previous contact with the company’s representatives, will be immediately deleted or processed in an anonymous form, if their retention is not otherwise justified, unless the informed consent of the data subjects has been validly acquired in connection with a subsequent commercial promotion or market research activity. The data will be processed during the development of the existing business relationship and for the next ten years from the date of acquisition of the relationship.
A “cookie” is a text file stored on the user’s computer when the user accesses a website for the purpose of providing information each time the user returns to the same site.
It is a reminder of the website visited. With the cookie, the web server sends information to the user’s browser (Internet Explorer, Mozilla Firefox, Google Chrome, etc.) stored on the user’s computer, and will be read and updated each time the user returns to the site. This allows the website to automatically adapt to the user. While browsing, the user may also receive cookies from different sites (third-party cookies) on his or her terminal, set directly by the operators of those websites and used for the purposes and in the manner defined by them.
Depending on their duration, they are distinguished into session cookies (i.e. temporary cookies and are automatically deleted from the terminal at the end of the browsing session by closing the browser) and persistent cookies (i.e. those that remain stored in the terminal until they expire or are deleted by the user). Depending on the function and purpose of use, cookies can be divided into technical cookies and profile cookies.
The cookies used are only associated with an anonymous user and his/her computer, and do not themselves provide the user’s personal data.
The user has the possibility of configuring their browser to be warned of the reception of cookies and to prevent their installation on their computer. Please consult your browser’s instructions and manuals for more information.
To use the website it is not necessary that the user allows the installation of cookies sent to the website, or the third party acting on its behalf, without prejudice to the fact that it is necessary for the user to initiate such a session in each of the services whose provision requires prior registration.
In any case, the cookies have a temporary nature with the sole purpose of making their subsequent transmission more efficient. Under no circumstances will cookies be used to collect personal information.
Pointicket uses various types of cookies (technical, analytical and social) solely for the purpose of improving the user’s navigation on the website, without any type of advertising or similar purpose, for the analysis and compilation of statistics on the user’s navigation on the website, as well as for sharing content on social networks.
The use of these cookies requires the prior acquisition of the user’s free informed consent under Article 7 of EU Regulation 2016/679. Third-party cookies It can also happen that a website contains cookies from other sites and content in various elements hosted on the website itself, such as banner ads, images, videos, maps or specific links to websites from other domains that reside on servers other than the one where the requested page is located.
Pointicket also allows the sending of the following third-party cookies. These cookies are not tools of our own, for more information, you can access the information and ways to acquire the consent of third parties by clicking on the links provided.
To improve the website and understand which parts or elements are most appreciated by users, Google Analytics’ third party cookies are used as an anonymous, aggregated analysis tool. These cookies are not own tools, for more information, therefore, you can consult the information provided by Google.
Las páginas del sitio web incorporan algunos widgets y botones para compartir de Facebook y Google Plus, para permitir al usuario compartir el contenido del sitio web en sus canales sociales, e interactuar con nuestros canales. Estas cookies no son herramientas de nuestra propia propiedad, sino que son creadas respectivamente por Facebook y Google cuando se utiliza el widget o botón de compartir respectivo. Para obtener más información, visite las siguientes páginas de información: Facebook y Google.
The website pages incorporate some Facebook and Google Plus widgets and sharing buttons, to allow users to share website content in their social channels, and interact with our channels. These cookies are not our own tools, but are created respectively by Facebook and Google when the respective widget or share button is used. For more information, please visit the following information pages: Facebook and Google.
Some web pages incorporate YouTube video content into them. When you visit a page that contains a video or click to view the video, YouTube cookies may be returned. These cookies are not tools that we have. For more information, please visit the Google information page.
The www.pointicket.com website is not intended for minors. The owner of the website declines any responsibility for failure to comply with this requirement.
3.7.- Treatment manager
The person responsible for the data file is: Pointicket, located in Calle de las Rosas 14, Madrid (Spain) Mail: email@example.com
3.8.- Linking policy
Persons or entities that intend to make or make a hyperlink from a web page of another Internet portal to the www.pointicket.com website must submit to the following conditions:
The website of Pointicket may make available to the user connections and links to other websites managed and controlled by third parties. These links have the exclusive function of facilitating users to search for information, content and services on the Internet, without in any case be considered a suggestion, recommendation or invitation to visit them.
Pointicket does not assume any type of responsibility, not even indirectly or subsidiarily, for damages of any kind that could be derived from the access, maintenance, use, quality, legality, reliability and usefulness of the contents, information, communications, opinions, statements, products and services existing or offered in the websites not managed by Pointicket and that are accessible through www.pointicket.com.
3.9.- Intellectual and industrial property
Pointicket by itself or as a transferee, is the owner of all rights over the software of the digital publication as well as the intellectual and industrial property rights of its website, and of the elements contained therein (by way of illustration, images, sound, audio, video, software or texts; brands or logos, colour combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.), owned by Pointicket. All rights reserved.
Any use not previously authorised by Pointicket, will be considered a serious breach of the author’s intellectual or industrial property rights. It is expressly forbidden to reproduce, distribute and publicly communicate, including making available, all or part of the contents of this website, for commercial purposes, in any format and by any technical means, without the authorisation of Pointicket. The User undertakes to respect the Intellectual and Industrial Property rights owned by Pointicket.
All the products and services that are not property of Pointicket are registered trademarks of their respective owners and are recognized as such by our company.
The contents of this site are subject to careful review and regular verification. However, no guarantee is given for the completeness, topicality and correctness of the data on this website. All data are therefore subject to error and change. The user assumes all responsibility for access to and use of this site and all its contents. References to other internet pages are a characteristic element of the www environment. The contents of all pages referred to here are not a component part of this page. Any guarantee or liability for contents or substantial changes on the referred pages is explicitly excluded. The use, in particular the reproduction, distribution and sale of the contents of this site for commercial purposes is prohibited.
3.10.- Exclusion of guarantees and responsibility
Pointicket is not responsible, in any case, for the damages of any nature that could be caused, by way of example: by errors or omissions in the contents, by lack of availability of the website – which will periodically stop for technical maintenance – as well as by the transmission of viruses or malicious or harmful programs in the contents, despite having adopted all the necessary technological measures to avoid this.
Neither will the company be held responsible for any damages that may occur due to faults or poor configuration of the software installed on the Internet user’s computer. Any responsibility for any technical incident or failure that occurs when the user connects to the Internet is excluded. Likewise, no guarantee is given that there will be no interruptions or errors in access to the website.
Likewise, Pointicket reserves the right to update, modify or eliminate the information contained on its website, as well as the configuration or presentation of the same, at any time without assuming any responsibility for it. Also Pointicket reserves the right to deny or withdraw access to the portal and / or services offered without prior notice, at its own request or that of a third party, to those users who do not comply with the Terms and Conditions.
Pointicket may at any time modify the conditions determined here, being duly published as they appear here. The validity of these conditions will depend on their exposure and will remain in force until they are modified by other duly published conditions.
3.11.- Security Measures
Pointicket will pursue the breach of these conditions as well as any misuse of its website exercising all civil and criminal actions that may fall under the law.
Pointicket informs you that it has implemented the necessary technical and organisational security measures to guarantee the security of your personal data and to avoid its alteration, loss and unauthorised processing and/or access, taking into account the state of the technology, the nature of the data stored and the risks to which it is exposed, whether these risks are caused by human action or by the physical or natural environment. All this in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.
Likewise, Pointicket has established additional measures in order to reinforce the confidentiality and integrity of the information in its organization, maintaining continuous supervision, control and evaluation of the processes to ensure the respect of the privacy of the dataƒver