Terms and conditions of contract

1. General information and identification

Purpose of the Terms and Conditions

These Terms and Conditions of Contract (hereinafter the “TERMS AND CONDITIONS”) establish the terms and conditions of the purchase of tickets made available by the ORQUESTA DE EUSKADI, S.A. (hereinafter “BASQUE ORCHESTRA”) to Internet users (hereinafter the “USERS”) through the URL https://sarrerak.euskadikoorkestra.eus (hereinafter the “WEBSITE”).

As a result, tickets acquired by USERS to attend and/or participate in activities organised by BASQUE ORCHESTRA as their promotor and commercialised through the WEBSITE under their exclusive liability (hereinafter the “TICKETS”) will be deemed subject to the TERMS AND CONDITIONS.

BASQUE ORCHESTRA profile

• Company name: ORQUESTA DE EUSKADI, S.A.
• Address: Paseo Miramón, no.  124, Donostia-San Sebastián (Gipuzkoa).
• TAX Code no.: A-20077541
• Registry information: Entered in the Company Register of Gipuzkoa in volume 1.357, folio 1, sheet SS-7.171.
• Tel.: 943 01 32 32
• Fax:  943 30 83 24
• e-mail: saldasoro@euskadikoorkestra.eus

Validity and changes to the TERMS AND CONDITIONS

The purchase of TICKETS through the WEBSITE obliges the USER to read and to expressly and unreservedly accept the TERMS AND CONDITIONS by means of the technical system established for the purpose during the purchasing process; the process cannot be completed without their acceptance.

The TERMS AND CONDITIONS will be completed with any other Specific Conditions established, in the event, for the purchase of certain TICKETS; in this case these will also be available for consultation by USERS on the WEBSITE (hereinafter the “SPECIFIC CONDITIONS”).

BASQUE ORCHESTRA reserves the right to change the TERMS AND CONDITIONS, as well as the SPECIFIC CONDITIONS applicable on occasions to specific TICKETS, considering as applicable those available to USERS on the WEBSITE at the moment of formalising their purchase. In any event, said changes will not have retroactive effects on products and services permanently contracted.

USER capacity

The products and services offered through the WEBSITE are intended for individuals acting on their own and personal behalf, specifically excluding legal entities and individuals intending to acquire TICKETS for their subsequent resale as part of their professional activity.

Furthermore, purchases made from the WEBSITE are restricted to individuals who are of legal age and have full capacity to act under Spanish law, and to minors emancipated in accordance with the requirements established in the Civil Code.

On accepting the TERMS AND CONDITIONS, the USER states and guarantees that they have the necessary legal capacity to act and enter contracts in accordance with the conditions listed above.

Language

The contract between the USER and the BASQUE ORCHESTRA can be formalised in Basque, Spanish and English, languages in which the USER will find the TERMS AND CONDITIONS as well as the corresponding SPECIFIC CONDITIONS when these exist.

Access for minors

Children under the age of 5 cannot access the concerts that are not specifically destined to children.

Geographic scope of the offer

TICKETS will be available for purchase through the WEBSITE, with no territorial limitation whatsoever.

2. Contracting/purchasing procedure

The USER must only select the TICKETS they wish to purchase on the WEBSITE, indicating how many of each they wish to purchase.

On selecting each TICKET, detailed information will appear on the screen, expressly indicating the number of units selected, the price per ticket, the administration fee and the total final price of all units ordered (including VAT).  

Once they have selected all of the TICKETS they wish to purchase, the USER should click on “Purchase”. This will redirect them to the “Confirmation of Purchase” Section.

In the “Confirmation of Purchase” Section, the USER will find a summary of the TICKETS selected, expressly indicating the number of units selected, the price of each one, the administration fee and the final price of all units requested (including VAT); a form will also appear on which they must fill in their contact details.

To finalise the contract and purchase, the USER must accept the TERMS AND CONDITIONS by clicking on the mandatory checkbox and selecting their preferred method of payment from among those proposed in the “Confirmation of Purchase” Section.

Once they have accepted the TERMS AND CONDITIONS and payment by the method of their choice has been validated, the contract will be understood to have been concluded. This formality will take the USER to a “Home Ticket” file sent electronically to the USER, as proof of the contract entered by the USER and the BASQUE ORCHESTRA; said “Home Ticket” will remain accessible by the USER through the BASQUE ORCHESTRA Customer Service.

Once the purchase has been concluded, the WEBSITE will display to the USER the reference number for their order, sending them the corresponding confirmation of purchase and, where appropriate, the TICKETS, to the email address provided by the USER and within a maximum of 24 hours.

Failure to receive said email within said deadline may be due to a temporary communications problem in the network or to an error in the email address provided by the USER. Should this occur, the USER should contact the BASQUE ORCHESTRA Customer Service Department (mazpiroz@euskadikoorkestra.eus).

If, on receiving confirmation of purchase, the USER notices any kind of mistake in the details provided, they can contact the BASQUE ORCHESTRA Customer Service Department (mazpiroz@euskadikoorkestra.eus) for its rectification.

3. Methods of payment

The USER can pay for their purchase with a credit or debit card (VISA and MASTERCARD). Any expense incurred by the method of payment selected will be exclusively paid for by the USER.

All credit or debit card payments will be made using the secure payment gateway of a financial institution, which encrypts the card details. With a view to making the payment system as secure as possible, BASQUE ORCHESTRA uses the secure payment systems of its payment method providers. In this respect, confidential payment details are conveyed directly and encrypted (SSL) to the corresponding financial institution.

On making a payment using the payment gateway, the system will contact the card issuing body, asking it to authorise the operation by means of a personal authentication code. The operation will only proceed if the credit card issuing bank confirms the authentication code. If not, the transaction will be rejected.

In accordance with the stipulations of article 112 of Legislative Royal Decree 1/2007, of 16^th November, approving the Revised Text of the General Law for the Protection of Consumers and Users (hereinafter the “LGDCU”), when the amount of a purchase has been fraudulently or wrongfully charged using the payment card number, the card owner can demand immediate cancellation of the amount charged. In this case, the corresponding indications of the amount charged and its refund in the accounts of the BASQUE ORCHESTRA and the USER cardholder will be executed in the shortest possible time.

However, if the purchase has been effectively made by the cardholder and the request for refund is not the result of having exercised their right of withdrawal, when legally applicable, the cardholder will be liable for compensation to the BASQUE ORCHESTRA for damage caused as a result of the cancellation.

4. Invoice

On finalising the contract and accepting the TERMS AND CONDITIONS, the USER expressly gives their consent for the corresponding electronic invoice to be sent to the email provided for this purpose during the purchasing process. Said consent can be revoked by the USER by sending an email to the following address: mazpiroz@euskadikoorkestra.eus.

5. TICKET delivery

The USER can freely decide whether to collect their tickets from the KUTXABANK, S.A. ATMs; or to have the TICKETS sent to the email provided, in which case they must be printed out. In any event, the USER must show their ticket to guarantee access to and/or participation in the corresponding activity. Displaying them on mobile devices is not allowed.

6. Guarantee and limitation of liability

When the USER acquires TICKETS through the WEBSITE, BASQUE ORCHESTRA will guarantee holding of the activities for which they were purchased, and their adaptation to legal requirements where applicable. All complaints made by the USER must be addressed to BASQUE ORCHESTRA.

This notwithstanding, BASQUE ORCHESTRA does not guarantee that the content of said activities adapts to the USER’s taste and/or to their individual expectations beyond the specific information available about the activity on the WEBSITE.

7. Right of cancellation, refund and complaint

Right of withdrawal

Consumers and users have the authority to withdraw from the contract entered, notifying the other contracting party within the deadline established for exercising said right, with no need to justify their decision and with no penalisation whatsoever. In other words, the order can be returned with no need for justification.

In accordance with the stipulations of article 103.1) of the LGDCU, the right to withdrawal will not be applicable to the purchase of TICKETS.

Changes and returns

Once the purchasing process has been completed, no changes will be accepted and the price of purchasing the TICKETS will not be refunded, unless the event is cancelled. This will be the only accepted reason for refunding the price of the tickets purchased.

Suggestions, complaints and claims

USERS are free to communicate to BASQUE ORCHESTRA their suggestions, complaints and claims by sending an email to the BASQUE ORCHESTRA Customer Service Department at mazpiroz@euskadiikoorkestra.eus.

8. Privacy policy

The USER is hereby informed that the personal data provided in formalising this purchase will be processed by ORCHESTRA, as Controller, in order to maintain, develop, comply with and control the contractual relationship established between the parties, as well as, if the USER consented through the duly established system, sending by email or other equivalent electronic communication channels (email, SMS, etc.) commercial information on news, events and activities in which ORCHESTRA participates. The aforementioned data processing shall be deemed as legitimised by the contract entered into by the USER and said entity, as well as, if applicable, the USER'S consent.

Personal data processed shall be stored as long as the contractual relationship with the USER exists, or as long as the USER does not withdraw his/her consent for said processing or requests his/her data be deleted, as well as the additional time necessary to comply with the legal obligations that ORCHESTRA must follow.

Beyond the cases wherein ORCHESTRA is bound for legal reasons (e.g., Tax Administration, Justice Administration or other Public Administrations), the user's data shall not be shared with third parties. The transfer of personal data internationally is not planned.

Moreover, in the event that the USER provides another person's data during the procurement process, the USER hereby declares that he/she has the express consent of said third party for the aforementioned data provision.

The USER hereby declares that he/she is older than 18 or is an emancipated minor and has the legal capacity to enter into a contract, so that he/she may make purchases on the WEBSITE, and thus provides his/her consent for his/her personal data to be processed. If any minor wishes to purchase TICKETS, his/her parents or legal representatives must do so, or at least have their authorisation. ORCHESTRA undertakes no liability for the purchases that may be made by minors who fail to comply with the requirements in this paragraph.

Applicable data protection regulations grant the USER a series of rights regarding his/her personal data (right to access his/her data, request rectification or deletion of data, request limitation of data processing, portability of data and opposing data processing). The USER may exercise said rights with ORCHESTRA by written request to the post address indicated in Clause 1 of these GENERAL CONDITIONS.

The USER may view additional detailed information on Data Protection at the address https://es.euskadikoorkestra.eus/politica-de-privacidad.

9. Applicable legislation

The TERMS AND CONDITIONS and the acquisition of products and/or services through the WEBSITE will be governed by Spanish legislation.

Any disagreement arising from the interpretation or application of the TERMS AND CONDITIONS and/or the acquisition of products and/or services through the WEBSITE will be decided by the competent Courts and Tribunals according to the stipulations of applicable legal provisions in Spain in matters of judicial competence, and particularly in matters of consumers and users.