Conditions of purchase

BULLFIGHTING TICKETS AND PRODUCTS PURCHASE CONDITIONS THROUGH SERVITORO (entradastorosmalaga):

ONE.- ABOUT SERVITORO.

SERVITORO is a service for searching, managing and booking tickets for bullfighting shows and bullfighting products. The website www.entradastorosmalaga.com (hereinafter the “Website“) allows the user (hereinafter the “User“) to consult the bullfighting events available, the prices of the tickets on sale, as well as to purchase bullfighting products, and to request information for future events. The tickets offered for sale are issued directly by the company promoting the events, and SERVITORO is responsible for delivering them to the User at the address indicated (always within Spain or Portugal) by contracting a third party designated for this purpose (Courier Service: MRW, Post Office: Correos).

As such, SERVITORO is not the organiser of the event, but a sales channel of the promoter who acts as an intermediary or distributor in the sale of the tickets. Therefore, SERVITORO will not be held responsible for any information included in the tickets and/or bullfighting products that may have been provided, introduced, shown or modified by third parties outside SERVITORO, or by modifications made at the request of third parties by SERVITORO.

The making of a purchase by the User implies the acceptance of the conditions stipulated herein (hereinafter the “Purchase Conditions“), as well as the Website Conditions of Use. In any case, the User purchasing the ticket must be of legal age.

SERVITORO, as an entity that offers its services in an online environment, is a member of CONFIANZA ONLINE, having obtained the seal of confidence issued by this association. The adhesion to CONFIANZA ONLINE is a commitment of responsibility of SERVITORO with the consumers.

The User can consult the guarantees provided as a consumer on the CONFIANZA ONLINE website (www.confianzaonline.es).

TWO.- TICKET PRICES AND AVAILABILITY.

Ticket prices are posted on the Website and vary, among other things, according to the venue, the show, the date or the location of the seats. The price of each ticket is determined by each promoter. The ticket prices indicated during the purchase process include, unless expressly stated otherwise, Value Added Tax (VAT), applicable indirect taxes and, in any case, are expressed in Euro currency (€).

SERVITORO charges an additional fixed cost of TWELVE EUROS (€12) per ticket (V.A.T. included) for the search, booking and ticket purchase management services, which also includes the generation and/or shipping costs within Spain (mainland and islands) and Portugal, this cost is included in the final sale price of the ticket. SERVITORO reserves the right to modify the sales commission, undertaking to always publish it on the Website in a clear and visible manner and before the purchase is made by the User, to the above effects, SERVITORO guarantees that the User will have visibility during the whole process of the sales commission indicated in this paragraph.

The aforementioned administration fees are a supplement or percentage that is automatically added to the base price of the ticket in order to make the sale process possible and to ensure the delivery of the ticket to the User. SERVITORO’s administration fees are intended to cover certain aspects of our business.

Therefore, insofar as SERVITORO’s administration fees are not related to the price of the tickets charged by the event organiser, in the event of cancellation or modification of the event SERVITORO will not reimburse SERVITORO’s administration fees to the User, given that SERVITORO’s service is considered to have been provided in its entirety once the purchase is confirmed.

It is also possible that the company organising the bullfighting event and managing the bullring may apply additional costs, depending on the platform through which the ticket invoice is issued. SERVITORO is not responsible for these costs and SERVITORO cannot reimburse them, any claim for such costs must be addressed to the event organiser.

The prices and availability of the tickets are valid and guaranteed until the tickets are sold out. The purchase of the tickets will be effective from the moment of the offer and acceptance of the product, and the User will not be able to subsequently claim anything for changes in the price or pricing of the ticket that may occur after the perfection of the contract.

Orders will be processed in order of receipt. If it is impossible to assign consecutive seats in those places where this is permitted (which is not the usual practice), SERVITORO will contact the client to inform them of the possibility of refunding the money paid for the ticket. Notwithstanding the above exception, SERVITORO cannot guarantee the User the availability of joint seats, the allocation of these seats being the responsibility of the company organising the bullfighting event and managing the bullring (hereinafter referred to as the “Organiser“).

SERVITORO reserves the right to limit the number of tickets that a User may purchase; an exceptional circumstance that would be, where appropriate, made known to the User at the time of purchase. Should the User proceed to purchase tickets in excess of the fixed limit, SERVITORO will be able to cancel the tickets purchased in the number that exceeds the fixed limit.

Generally speaking, the resale of tickets purchased through the SERVITORO Website is expressly prohibited under the terms set out in the current regulations. Ticket resale, as well as any act aimed at such illegal sale, may be grounds for seizure or cancellation of the tickets without reimbursement or any other type of compensation.

Notwithstanding the above, in accordance with the provisions of the Regulations of Bullfighting Shows (Royal Decree 145/1996, of 2 February, which amends and redrafts the Regulations of Bullfighting Shows), those tickets that may be subject to resale in the terms of its article 36.5 will be identified as such by a distinctive stamp.

SERVITORO does not manage tickets with special discounts, such as groups, pensioners, young people, unemployed, bullfighting clubs, people registered in the locality where the event is held, as well as any other circumstances deserving of a discount. Users must go to the ticket office in person to obtain these discounts in order to purchase the ticket with the discount that may be applied, after providing the appropriate supporting documentation.

THREE.- TICKETING.

The User acquires the ticket from the Organiser, SERVITORO acting as a mere intermediary that facilitates the management and delivery of the ticket. SERVITORO does not therefore have any control over the performance of the shows and/or the availability of tickets for the shows.

SERVITORO will send the User a purchase invoice and as such it includes all the fiscal data and the corresponding taxes in accordance with the applicable legislation. Likewise, the User can download the invoice from their personal area. In any case, the User will be able to request the invoice on paper by requesting it at info@servitoro.com.

SERVITORO will not be responsible for issuing the tickets, and therefore any licence in favour of collecting societies (e.g. SGAE) or any other entity, where necessary, will be the responsibility of the Organiser.

Once a ticket is in the status identified on the Website as “In Process”, it will be understood that the ticket has already been issued and, therefore, it will not be possible to modify the contract, including, but not limited to the modification of the number of tickets purchased, type of tickets, seats, date of the event, fair, as well as delivery addresses and/or any other details relating to the ticket.

FOUR.- DELIVERY OF THE TICKETS.

4.1. HOME DELIVERY

SERVITORO’s home delivery service offers the User the possibility to receive their tickets easily and securely at home, avoiding long queues and waiting at the box office.

All orders are sent by courier to the address indicated by the User in their order, as long as it complies with the conditions described here. SERVITORO will not assume any responsibility when the delivery of the tickets does not take place as a result of inaccurate or false information provided by the User for this purpose, as well as in the event that the delivery cannot take place due to the absence of the addressee.

SERVITORO only delivers in Spain (mainland and islands) and Portugal.

For foreigners or non-resident nationals, SERVITORO offers the possibility to deliver the tickets in hotels, hostels or similar during their stay in Spain coinciding with the celebration of the event. SERVITORO will not reimburse the loss of tickets in the event of flight cancellations, transport strikes and similar events. The User must, therefore, claim the loss suffered from their travel insurance, the transport company or whoever is responsible for the loss suffered.

Home deliveries are made by a courier company of recognised prestige. We only deliver by hand to natural persons. The User is responsible for guaranteeing receipt of the order, ensuring that there is a responsible person at the address or delivery address to take care of it. Deliveries are made to private homes, hotels, offices and similar. Under no circumstances are the tickets deposited in post boxes or post office boxes.

Tickets are sent to the User two to four (2-4) days before the date of the event. If tickets have been purchased for several events, the date of the first event is taken as the reference date.

The delivery of tickets by courier service is subject to the conditions of the service provider: CORREOS, MRW.

If the person designated by the User to collect the tickets is not present at the time of delivery, the courier company will make a second delivery attempt. If this second attempt fails, the User must contact the courier company and pay any additional charges that may apply.

Tickets not collected by the User for reasons beyond the control of SERVITORO, will not be refundable and, therefore, will not give the User any right to claim.

Once the tickets have been received by the User (or by the person at the delivery address designated by the User), they will be understood to have been delivered. SERVITORO is not responsible for any loss, theft, damage, breakage, etc. of the tickets. It is therefore the User’s responsibility to keep the tickets in a dry and safe place, away from magnetic fields.

In case of loss or misplacement, no duplicate tickets will be issued.

4.2. DIGITAL FORMAT

Certain tickets made available by SERVITORO will be sent to the User by email, this option will be done via an email that SERVITORO will send to the User at least four (4) days prior to the event, therefore it is advisable that the User also checks their spam folder frequently. The decision on the digitalisation of the ticket is ultimately the responsibility of the Organiser of the event.

The User who purchases the tickets in digital format must print them directly at home using the PDF file provided by SERVITORO. The Organisers reserve the right to refuse entry to the venue to any User who does not provide their ticket in physical format, without prejudice to the fact that they may have obtained it in digital format.

Likewise, in the event that the User detects that the ticket has not been sent to them the day before the event, they may contact SERVITORO via the instant messaging application WhatsApp at the following telephone number: +34 647 669 371.

4.3. COLLECTION AT THE BOX OFFICE

The User must present the information provided by SERVITORO – including, but not limited to, the invoice, the order number and proof of purchase – as well as their identity card or passport at the ticket office of the bullring where the event is to be held.

The User must go to the ticket office at least one hour in advance, SERVITORO recommending a minimum of four (4) hours in advance in order to be able to collect their ticket. SERVITORO will not be responsible for those Users who do not go to the ticket office to collect their tickets.

The invoice or proof of purchase issued by SERVITORO is not considered as a valid ticket, therefore, the User will not be able to access the venue without the previous collection of the ticket at the ticket office of the bullring.

FIVE – METHODS OF PAYMENT.

The User can choose between the following payment options during the purchase process:

• Through SERVITORO’s virtual POS. The following credit cards are accepted: Visa, 4B, Mastercard, American Express. The system will ask the User for the card number, expiry date and security numbers (by turning the card over, in the signature area, there is a series of numbers: the last three). Sometimes banks also require the use of special codes for Internet purchases.

• By bank transfer. The User must send proof of payment to SERVITORO by e-mail info@servitoro.com or WhatsApp +34 647 66 93 71 within a maximum period of 24 hours from the time the order is placed. For guided tours, please avoid this payment method as it takes more than 24 hours for the money to be credited to SERVITORO’s account. Furthermore, as tickets can be purchased up to the day of the event, SERVITORO advises the User not to use this specific means of payment for tickets purchased less than forty-eight working hours before the event.

• Through PAYPAL.

Tickets will only be delivered once the corresponding amount has been received in SERVITORO’s account. For Guided Tours, only the invoice that SERVITORO certifies as paid (bank transfer) will be valid.

SERVITORO does not under any circumstances keep the User’s bank details, as these are managed by the contracted secure payment platforms. It is the User’s responsibility to carefully read the conditions of use and privacy policy of these payment gateways before making the payment.

Payment must be made within twenty-four (24) hours from the time the order is placed. Once this period has expired, if payment is not confirmed by credit card or bank deposit by sending proof of payment, SERVITORO may proceed to cancel the order automatically. The cancellation of an unpaid order within twenty-four (24) hours will not entitle the User to any claim or complaint. If the order is cancelled, SERVITORO will proceed to reimburse the User for the amount received after this period without any right to compensation.

SIX.- ADDITIONAL CONDITIONS FOR THE PURCHASE OF BULLFIGHTING PRODUCTS.

The following conditions apply solely and exclusively to the sale of bullfighting products by SERVITORO:

• The User is subject to the legal rights and times in the matter of guarantees in accordance with the current regulation in the matter of Consumers and Users. Specifically, the User has the right to the legal guarantee of conformity of the merchandise, with SERVITORO or, where appropriate, the manufacturer of the bullfighting product, depending on each specific case, being liable for a period of three years from the delivery of the product.

• It is understood that the merchandise is in conformity with the contract provided that: (I) they conform to the description given and possess the qualities presented in the web shop; (II) they are suitable for the uses to which products of the same type are ordinarily intended, and; (III) they present the usual quality and performance of a product of the same type that are reasonably to be expected.

• In this sense, should any of the products not be in conformity with the contract, the User must inform SERVITORO immediately by providing the product details as well as the damage of the bullfighting article via the following email address: info@servitoro.com.

• The User shall be entitled, in the event of a justified warranty claim, to choose between repair or replacement of the product, unless one of these options proves impossible or, in comparison with the other, involves disproportionate costs for SERVITORO, or a reduction in price or termination of the contract.

• SERVITORO reserves the right not to accept the purchase request from the User, if the product requested is not available at the time of the request. In such cases, SERVITORO will inform the User of this circumstance, nor will it charge any payment.

SEVEN.- RIGHT OF WITHDRAWAL.

The following conditions apply to the right of withdrawal for ticket purchases:

• The User must ensure, before processing the purchase, the accuracy and adequacy of the data entered, as it is not possible to return the tickets purchased once the purchase has been made. Not being able to attend the show or making a mistake when purchasing the tickets are not grounds for a refund.

• Tickets can only be cancelled due to possible technical or operational incidents directly attributable to SERVITORO.

• In this sense, the User will not be able to exercise the right of withdrawal or cancellation foreseen in the consumer and user regulations as this right is excluded for services related to leisure activities, in accordance with what is established in article 103.l of the Revised Text of the General Law for the Defence of Consumers and Users and other complementary laws, approved by the Royal Legislative Decree 1/2007, of 16 November.

With regard to the right of withdrawal in the purchase of bullfighting accessories, the following conditions shall apply:

• The User may withdraw from the contract without the need for justification and request the return of the product, within a period of fourteen (14) days from the time of receipt.

• To this end, the User must inform SERVITORO at the following email address: info@servitoro.com.

• If the User requests such a refund, SERVITORO shall automatically reimburse any payment, including, where applicable, delivery costs (unless the User has expressly selected a delivery method other than the least expensive method of ordinary delivery), no later than fourteen (14) days after the day on which we receive notification of the User’s cancellation of this contract.

• SERVITORO shall use the same means of payment used by the User for the original transaction to effect the reimbursement, unless otherwise explicitly agreed with the User.

• Unless SERVITORO offers to collect the goods, SERVITORO may refuse to pay the refund until the goods are returned or until the User provides proof of having returned the goods, whichever occurs first.

• The User must return or deliver the goods without delay and, in any case, within fourteen (14) days from the day on which the User has given notice of its wish to terminate the contract.

• The return must be made to the following address: Paseo de la Castellana 90, 1º. 28049 Madrid

• To exercise this right of withdrawal, the User must complete the withdrawal form available at the following link.

EIGHT.- REFUNDS.

No refunds are permitted for tickets previously purchased. Failure to attend a performance or any error made by the User when making the purchase will not be valid reasons to proceed to the refund of the amount paid.

As the official point of sale, the tickets put on sale by SERVITORO are issued directly by the company promoting the events (i.e. the Organiser), and SERVITORO is responsible for delivering them to the User at the address indicated. The User receives the official ticket from the Organiser.

In the event of changes occurring after the purchase of the tickets, such as (by way of example): change of date, time, line-up, substitutions, cancellations and/or any other event. The User expressly recognises that any claim must be lodged directly with the Organiser as the entity in charge of the management of the bullring and the event, as recognised in Royal Decree 145/1996, of 2 February, which modifies and redrafts the Regulations of Bullfighting Shows.

Any refund will be subject to the conditions of the Organiser and to the provisions of the legislation in force, being in any case subject to having the official ticket, complete, intact and not manipulated or damaged.

The refund of the ticket in the event of suspension, postponement or modification, will begin and end when indicated by the Organiser at the official ticket office of the organising company and in accordance with the conditions indicated on the back of each official ticket.

If the show is suspended unexpectedly (i.e. once it has started) for reasons not attributable to the Organiser or due to bad weather, once the first bull has been brought out of the ring, the User will not be entitled to any refund.

The User will in no case have the right to a refund of the amount of twelve euros (12.- €) per ticket corresponding to the search, management and booking service carried out by SERVITORO.

Only when the Organiser expressly orders SERVITORO to return the tickets, will a refund of the ticket price be made (but not of the commission indicated in the previous paragraph). Such cancellations usually occur in cases such as cancellations and date changes.

NINE.- EXCLUSIONS.

SERVITORO does not manage tickets with special discounts, such as groups, pensioners, young people, unemployed, bullfighting clubs, people registered in the locality where the event is held, as well as any other circumstances deserving of a discount.  All tickets are priced for adults.

The User must bear in mind that minors in general have conditioned or restricted entry to bullrings. The User should check with the bullrings the conditions of access for minors and people with reduced mobility, as well as the current regional regulations on the conditions of entry to bullrings for minors.

SERVITORO is not responsible for the purchase of tickets by the User for minors or people with reduced mobility who are subsequently prevented from accessing the bullring by the Organiser. SERVITORO’s services are intended exclusively for people of legal age and, therefore, by purchasing tickets, the User acknowledges that they are of legal age and in full use of their faculties to purchase tickets.

SERVITORO does not have the power to decide on the allocation or arrangement of seats, therefore, any complaint about the allocation of seats, or the conditions of visibility, sun, shade or sun and shade, must be lodged directly and solely with the Organiser as the entity in charge of the management of the bullring and the event.

TEN.- LIMITATIONS OF THE EVENT ORGANISER.

SERVITORO is not involved in any organisational aspect of the events offered for sale and therefore has nothing to do with aspects such as: visibility conditions, acoustic quality, comfort of the location, accessibility… Consequently, SERVITORO does not assume the obligations and responsibilities that correspond to the Organisers.

The Organiser reserves the right of admission and may search the public at the entrance. Entrance is not permitted with any object that the Organisers may consider dangerous. Entry with food and drink is not normally permitted either, this being left to the Organiser’s discretion.

It is the Organisers’ responsibility to allow entry to the bullfight once it has begun, as well as to allow entry and exit to and from the site during the bullfight.

In any case, the User must bring to the bullring or bullfighting venue the corresponding physical ticket, printed on paper, that he/she has purchased through SERVITORO. SERVITORO is not responsible for the attendance to the event by the Users without the appropriate printed ticket. Likewise, the User must attend the event at least one hour in advance.

Only the first ticket presented at the venue will be considered valid, under no circumstances will people with identical tickets or with tickets that have already entered the venue be allowed access. Users are reminded that the proof of purchase will not be considered as a ticket, and only the printed physical ticket must be presented.

The Organisers reserve all image and intellectual property rights of the show. It is forbidden to record or take photos (with or without flash) during the bullfight.

Any complaint about the performance, suspension, modification or cancellation of the show must be addressed to the Organiser, and the User must keep the ticket for presentation.

SERVITORO will not be liable for any claims made by the User in relation to the organisation of the show. The User is reminded that the responsibility for the event rests exclusively with the Organiser.

ELEVEN.- REQUEST FOR INFORMATION ON TICKETS.

The Website has an open space for the User to request information about future events not offered for sale. The User may provide their contact details so that once SERVITORO has this information it can provide it to them, all without obligation on either side.

TWELVE.- SUSPENSION OF THE SERVICE.

SERVITORO adopts reasonably adequate security and technological measures for the correct functioning of the Website.

The operation of the Website is supported by the servers of service providers. Access to the Website may be suspended for technical reasons or due to force majeure, such as, by way of example: a) Failures in the electricity or telephone network supply, b) Virus attacks on the servers that support the website, c) User errors in accessing the website, d) Fires, floods, earthquakes, e) Strikes or labour disputes, f) War. SERVITORO is exonerated from any type of responsibility in the event of any of the above.

THIRTEEN.- VALIDITY.

These Purchase Conditions were drawn up and approved by SERVITORO on 28 June 2023 and shall remain in force until such time as they are replaced by others by publication on the Website.

The last update of the Purchase Conditions was made on 28 June 2023.

FOURTEEN.-APPLICABLE LAW AND JURISDICTION.

These Purchase Conditions are governed by Spanish law. The parties submit to the courts and tribunals of the User’s domicile for the dispute resolution and renounce any other jurisdiction, in accordance with current legislation. When the Users are domiciled outside of Spanish territory, the applicable legal regulations regarding competent jurisdiction will apply, with the parties submitting themselves, failing this, to the courts and tribunals of the capital city of Madrid.

SERVITORO is also a member of Confianza Online (a non-profit association), registered in the National Register of Associations Group 1, Section 1, national number 594400, CIF G85804011, Carrera de San Jerónimo, 18, 4º 1, 28014 Madrid (Spain). For further information: www.confianzaonline.es. Users are informed that, in compliance with the provisions of the Alternative Dispute Resolution Act, as a member entity and under the terms of the Code of Conduct, they may turn to Confianza Online for the alternative resolution of any disputes (https://www.confianzaonline.es/como-reclamar/formulario-dereclamaciones/). If the complaints relate to electronic transactions with consumers, or to data protection when they are related to this area, the complaints will be resolved by the Mediation Committee of Confianza Online, accredited for the alternative resolution of consumer disputes. If the complaints concern digital advertising, or data protection related to this field, they shall be submitted to the AUTOCONTROL Advertising Jury. In addition, the User can access the European Union’s online dispute resolution platform.

RIGHT OF WITHDRAWAL FORM

(PLEASE NOTE:
 YOU SHOULD ONLY COMPLETE AND SEND THIS FORM IF YOU WISH TO WITHDRAW FROM THE CONTRACT WITH SERVITORO).

For the attention of SERVITORO, S.L., with address at Paseo de la Castellana, 90, 1º, 28046, Madrid and e-mail servitoro@servitoro.com

I/We hereby give you notice that I/we withdraw from the (*) contract of sale of the following good [indicate items purchased], [ordered on/received on] [indicate date of receipt].

– [Name(s) of the consumer(s) and user(s)]

– [Domicile of the consumer and user or consumers and users]

– [Signature of the consumer and user(s) (only if this form is submitted on paper)]

– [Date]