Terms and condictions

General Terms and Conditions of Contract

TIKI TAKA TRAVEL SERVICES SLU, with tax code B66814849, and registered in Calle Marqués de Campo Sagrado, nº 8, 5º 1ª, Barcelona (Spain), hereinafter TIKI TAKA, establishes the following General Terms and Conditions of Contract under the following Preliminary Considerations and Clauses.

Preliminary Considerations

TIKI TAKA can be contacted through the following electronic mail address: info@tikitakatravel.com

For all matters related to the treatment of the user’s personal data and the website’s use conditions, please see our Legal Notice.

Use of this website confers user status and implies the acceptance of all the provisions included in these general terms and conditions of contract from the moment the website is accessed.

Use of the website implies the user’s acknowledgement that they have the legal capacity to act and purchase on the website in accordance with the terms and conditions laid out in the following sections, which the user acknowledges to have seen and accepted.

First

This purpose of this website is to sell tourist packages that may contain all kinds of goods and services, without limitation: tickets for musical, sports or other kinds of events, museum tickets, souvenirs, tours, trips, and so on and so forth.

Any products purchased on this website is classified as a tourist package if it includes right of access to an event or show, whether related to music, sport or any other area, since, in these cases, together with the documentation authorizing access to the venue where the event or show will take place, the package will always include at least one other good or service, which may be the delivery of tickets to the place of the purchaser’s choosing, a transport service, a souvenir, the management and processing of ticket purchases or any other good or service.

It should be noted that when the website uses the term “ticket”, this is done to facilitate user understanding and that under no circumstances are tickets sold on this website without them forming part of a tourist package.

Second

CONTRACTING PARTIES

The contracting parties are TIKI TAKA as the selling party and the user as the purchasing party.

SUBJECT OF THE CONTRACT

The subject of the contract is a tourist package as outlined in the previous section.

If this is not the case, the subject of the contract is the good or service acquired.

The tourist package purchased always includes, as an integral part of the product, the ticket purchasing management and, if physically delivered, their materialization, safekeeping and delivery, whether online or physically.

The basic tourist package, or “Basic Pack¨ includes an entry ticket, a souvenir or voucher exchangeable for a food product, as well as the ticket purchasing management, and, if physically delivered, their materialization, safekeeping and delivery, in accordance with these general terms and conditions.

PRICE

The price is indicated in step 3 of the website’s purchasing process, which is the simple addition of the price indicated on the website when adding the different products that the package comprises.

The price of the services of delivering the tickets, management, materialization, safekeeping and sending them online, if applicable, is included in the price offered on the website for the event, show or tour in question, hence, on occasion, the price offered is above the nominal value of the ticket included in the tourist package.

The prices on the website include the applicable Value Added Tax, unless it is specified otherwise.

The user is hereby expressly advised that the price offered on the website may vary depending on the supply and demand dynamics. TIKI TAKA cannot guarantee that the price offered on the day of purchase remains the same on the following days, especially in the case of tourist packages that contain entry tickets. The binding price between the parties is that which is indicated in step 3 of the purchasing process on the website when confirming the purchase.

CONCLUSION OF THE CONTRACT

The contract is concluded when the purchaser confirms payment of the price by any of the means provided on the website, currently Paypal or the secure payment platform RedSys.

Both Paypal and RedSys are secure payment platforms. The information introduced to confirm payment is handled and known solely by the employees of the aforementioned platforms and not TIKI TAKA. For more information about these payment methods, consult their websites: Redsys / Paypal

From the moment the contract is perfected the rights and obligations of the parties, outlined in the following sections, enter into force.

Exception: If the tourist package includes a ticket that grants the right to attend an event, show or activity that will begin or be held within 72 hours following payment through the methods recognized on this website, the conclusion of the contract will be subject to confirmation by TIKI TAKA (which will be sent to the email provided), and if this confirmation is not given, the payment will be refunded.

Third

OBLIGATIONS OF THE PARTIES

TIKI TAKA has the following obligations:

-To manage and maintain the subject of the contract until its delivery.

-Materialization of the documents that guarantee access to shows, events or activities of any kind if they are to be delivered physically.

-Delivery of the subject of the contract. Said delivery can be confirmed, as chosen by TIKI TAKA, by email or physically in Barcelona or Madrid according to the user’s indications.

Physical delivery will always be made at least 12 hours before the event begins, if the tourist package includes the right to access one.

THE PURCHASER has the following obligations:

-To correctly indicate the data requested on the form on the website, and is responsible for the consequences that providing false and incorrect data may entail, both those that may arise from the contract itself or applicable law.

-To pay the agreed price.

-Not to proceed fraudulently.

-If purchasing a tourist package: To indicate, when completing the request form, a place in either Barcelona or Madrid where delivery can be made, and to be in the indicated place when delivery is going to be made, unless the delivery has already been made online, as chosen by TIKI TAKA.

If at the time of completing the form the delivery place to be confirmed is not known, this can be indicated at a later date, this place remaining subject to confirmation by TIKI TAKA when the delivery is to be confirmed within 72 hours. If no confirmation from TIKI TAKA is received, (which will be sent to the email provided), delivery will be made via email.

-To observe UEFA regulations during the Champions League and UEFA Cup football matches and, if appropriate, the regulations of the national federations and stadiums where the matches are played and those of the clubs in the other matches, should the tourist package include right right of access to a footballing event.

-To observe the regulations of the corresponding sports federation should the tourist package include right of access to any sporting event.

-To observe the codes of conduct required by law and the use in any other case,  in the enjoyment and use of any of the goods and services purchased through this website.

Either of the parties can terminate the contract if it is breached in any way by the other party, with the corresponding inherent legal effects. In particular, TIKI TAKA can terminate the contract should the user take back payment of the price, suspecting a fraudulent purchase, if the purchasing form is completed after the stipulated time period, that is to say, after the event has taken place, or due to non-compliance with FIFA , UEFA, CHAMPIONS and LFP regulations, or those of other national and international sportx federations. In such cases, TIKI TAKA will reimburse payment less any damages incurred, or will not reimburse payment should the damages suffered be above this amount, the rest being payable by the user.

The rights and obligations arising from products contracted through the website apply from the moment the contract is perfected until delivery, whether physically or by email, of the goods or representative documents of the services purchased.

The costs of return shall be borne by the user.

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Fourth

DELIVERY

Delivery will be confirmed, at the choice of TIKI TAKA, either online, using the email address provided when purchasing the tourist package, goods or services, or physically delivered.

TIKI TAKA will notify the customer by email if delivery is to be made physically, at least 72 hours before it is due to arrive, the customer thereby understanding their obligation to be at the indicated location to receive the delivery, or to charge someone else to perform said task on their behalf.

Physical delivery will be confirmed in the location indicated at least twelve hours before the start of the event to which the tourist package grants access, or, if various events are included, delivery will be made at least twelve hours before the start of the first one.

The purchaser is responsible for ensuring that the information regarding the delivery location is correct, TIKI TAKA being entirely exempt from any liability under such circumstances.

Should someone other than the purchaser be at the location indicated for delivery, it will be assumed that said person has been charged by the customer with receiving the delivery, and TIKI TAKA will therefore leave the tourist package in the safekeeping of said person for its delivery to the purchaser, the delivery being effectively confirmed, and TIKI TAKA not being liable should the person receiving the delivery not proceed to deliver to the customer. The same effect applies should the indicated delivery location be a hotel, youth hostel or guesthouse and the tourist package is left for the attention of the purchaser in the safekeeping of the person or people in charge of said establishment.

In any event, if delivery is attempted and no one is at the indicated place to receive it, delivery will automatically be made online.

TIKI TAKA reserves the right to use a third party for physical delivery of the purchased package, third parties being deemed to be courier services or companies. In such cases, should the courier service provide a locator for the goods to be delivered, this locator will be sent by email to the client so that they can track the delivery. TIKI TAKA will cease to be liable in such cases and delivery will be considered completed when the items to be delivered have been given to the courier service of company, meaning that all liability that may arise from that moment will belong to the courier service or company. TIKI TAKA, however, commits to providing the client with the documentation needed to assert their rights and undertake any necessary actions regarding the courier service or company.

Clients are expressly warned that certain event promoters and/or service providers do not supply an entry ticket directly, but instead a representative document for this (a voucher) which must be exchanged for the entry ticket at the indicated time and place. In any event, delivery is considered to have taken place by TIKI TAKA, and their obligation considered met when the voucher, described in this section, is given to the user.

Fifth

RIGHT OF WITHDRAWAL

Due to the special nature of the products that are the subject of the contract, the user is excluded from the right of withdrawal, as specifically determined in article 103 of Law 3/2014 of 27 March, under which Law 7/1996 of 15 January on regulating Retail Trade is modified.

Sixth

CANCELLATION OF THE PURCHASED PRODUCTS

Cancellation of the purchased product is subject to TIKI TAKA withholding 100% of the price paid.

However, should the purchaser give notification with sufficient time and should it be applicable to the purchased product, TIKI TAKA will attempt to manage its placement and/or organize its cancellation with the effective service provider with a refund or partial refund of the price paid, so that the cancelling purchaser can recover some of the price they have paid. In such cases, TIKI TAKA is not obliged to ensure the aforementioned return or cancellation as it depends on circumstances that are external to the company, whether these are the market itself or the event organizing entity. It does commit, however, to attempting to do so with due diligence.

Seventh

EVENT CANCELLATION

TIKI TAKA cannot be held responsible for events or shows taking place, the right of access to which forms part of a tourist package purchased on the website. Nor can it be held responsible for an event or show not taking place at the time and/or place published by the event or show organizer and which is shown on the website, including in the event of force majeure or acts of God.

If an event or show is cancelled, the user will have the right to a refund of part of the price of the entry ticket from the event or show organizer, for cases in which the law holds the event or show organizer liable. TIKI TAKA will manage said refund on behalf of the user.

If the date and/or place of an event is changed, the user reserves the right to access the event, and TIKA TIKA is not responsible for the purchaser being unable to attend the event at its new location or on its new date. In any event, the user will enjoy all rights that may be due to them and that they can exercise with regard to the organizer or promoter of the event or show.

Clients should be made particularly aware of the fact that dates for regular sporting competitions are set a long time in advance and on occasion may be susceptible to variations under different circumstances, such as, for example, if they coincide with matches of the national selection, the date originally set being cancelled and another date being set. Since these circumstances are beyond the control of TIKI TAKA, the company cannot be held liable in any way. Likewise, sporting events programmed for Sundays in a regular competition can, on occasion, be moved to Saturday or Monday.

Users are informed, in particular, that for regular matches of the Spanish Football League the dates are set on a weekend or a week day, and that matches scheduled for a weekend day may take place on Saturday or Sunday of that weekend or the following Monday, and matches scheduled for a week day may be held on Tuesday, Wednesday or Thursday of that week. The decision of the date for scheduling a match is beyond the control of TIKI TAKA and the company cannot be held liable for such variations.

Clients are requested, both at the time of purchasing and later, as the date approaches for the event or show, to make the check these details, and are reminded of the content in the previous paragraphs.

Likewise, should the eventualities outlined arise, clients are recommended to be prepared to attend events in the case of a possible cancellation or date modification, especially for sporting events in regular competitions.

Eighth

SEATS

When purchasing a tourist package that includes the right to attend shows or events with numbered seats TIKI TAKA undertakes to obtain seats located together in pairs.

If the tourist package gives the right to occupy more than two seats at an event or show, TIKI TAKA cannot guarantee that all seats will be located together. However if, when the tourist package is purchased, it is requested that more than two seats are located together, TIKI TAKA will undertake the necessary arrangements and, if successful, will confirm as such by email. If the user does not receive confirmation from TIKI TAKA, the user can assume that the seats will not all be together, but rather in pairs.

Should TIKI TAKA not be able to offer the seats chosen on the form, it will offer others of a quality that is either equal or superior, but never inferior.

Ninth

LINKED SITES

This website may contain links, directories and even search tools that allow the user to access other web pages and websites on the Internet (hereinafter “linked sites”).

TIKI TAKA cannot be held liable for products that may be purchased on websites other than that of TIKI TAKA, and the existence of said links presupposes no relation whatsoever between TIKI TAKA and the owners of the linked site, the products contracted on the linked site being regulated by the terms and conditions of the linked site itself.

When a user purchases goods or services from a site linked to the TIKI TAKA website, they are dealing directly with the owner of said linked site, and TIKI TAKA remains completely separate from such dealings.

Tenth

COMPLIANCE WITH CODES OF CONDUCT AND RULES AND REGULATIONS OF ORGANIZING ENTITIES, VENUES AND SPORTS FEDERATIONS

The user undertakes to comply with the rules and regulations of organizing entities of the events they attend, as well as those of the venues where the activities take place, and acknowledges that they are aware of and understand said rules and regulations, thus releasing TIKI TAKA from all liability in the event of non-compliance.

Although not exhaustive, this includes the rules and regulations of UEFA, LFP, CHAMPIONS and other national and international sports federations.

Likewise, the user is hereby informed that they should comply, at all times, with the general standards of good conduct normally applicable.

Under no circumstances will TIKI TAKA accept any liability for damages caused or suffered by its clients and/or users in the enjoyment of goods or services purchased through this website or from any linked site, notwithstanding any liability that may be held by the owners of linked sites, the client or user or organizers of events, shows or activities that the client or user attends, all of which are subject to the applicable regulations.

Eleventh

INFORMATION ON CHAMPIONS LEAGUE AND UEFA CUP MATCHES

The entry tickets included in the tourist packages give right of access to a seat located in the home team area, the sale of tickets to fans of the away team being prohibited, as provided under UEFA regulations, Sports Law 10/1990 and Law 19/2007.

The purchaser acknowledges that they understand the aforementioned regulations and through the act of purchasing declares not to be a fan of the away team.

Twelfth

LANGUAGE OF THE CONTRACT

For all purposes, the Spanish version of the contract is that which binds the parties. Should there be any discrepancies between the Spanish version and versions in any other language, the Spanish version will prevail.

Thirteenth

APPLICABLE LAW

These General Terms and Conditions are governed by and interpreted in accordance with applicable Spanish law.

Fourteenth

JURISDICTION

In the event of a dispute, the parties expressly agree to submit said dispute to the jurisdiction of the courts where TIKI TAKA is registered.

Fifteenth

If any clause included in these General Terms and Conditions should be declared void, whether totally or partially, this will only affect the clause or part thereof that is invalid or ineffective. All other parts of the General Terms and Conditions shall remain valid, and said clause or part thereof shall be regarded as not written.

Sixteenth

The client expressly agrees that the bill(s) for the purchased product(s) are sent by email.

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