Reserve your tickets
Welcome to our ticketing system.
Check our terms and conditions here.

GENERAL CONDITIONS FOR TICKET SALES

TABAKALERA

 

 

  1. GENERAL INFORMATION AND IDENTIFICATION

 

 

These General Conditions for Sales (hereinafter, the "GENERAL CONDITIONS") establish the terms and conditions that regulate the purchase of tickets (hereinafter, the "TICKET/S") which enable attendance and/or participation in visits, shows and other cultural and/or leisure activities (hereinafter, the "activities"), organised by CENTRO INTERNACIONAL DE CULTURA CONTEMPORÁNEA, S.A. (hereinafter, "TABAKALERA") or by said entity and third-party co-organisers, and which are made available to the Internet users (hereinafter, the "USERS") via the website https://sarrerak.tabakalera.eus (hereinafter, the "WEBSITE").

 

 

 

 

The purchase of TICKETS via the WEBSITE requires the USER to read and expressly and unreservedly accept the GENERAL CONDITIONS by means of the technical system established for this purpose during the purchasing process, in such a way that the latter may not be completed without the acceptance of the former.

 

The GENERAL CONDITIONS must be completed with any other Particular Conditions which, in each case, may be established in relation to the purchase of TICKETS for each specific ACTIVITY (hereinafter, the "PARTICULAR CONDITIONS")[1], which shall likewise be available to the USER on the WEBSITE and which shall complement or modify the GENERAL CONDITIONS.

 

 

 

 

TABAKALERA reserves itself the right to modify the GENERAL CONDITIONS, as well as the PARTICULAR CONDITIONS which, may be applicable, considering to be in force those which at the moment of the formalisation of the purchase are accessible for the USER on the WEBSITE. In any event, the above-mentioned modifications will not apply retrospectively to TICKETS already purchased.

 

 

The offer of TICKETS is aimed at physical persons who act as private individuals and in their own name and right, excluding from this scope any legal persons, as well as physical persons who seek to purchase them for their subsequent commercialisation as part of their professional activity.

 

Likewise, carrying out purchases via the WEBSITE is restricted to physical persons of legal age and with full capacity to act according to Spanish legislation, and to emancipated minors according to the requirements established in the Civil Code.

 

By accepting the GENERAL CONDITIONS, the USER declares and guarantees that they have the legal capacity necessary to act and enter into contracts according to the conditions listed above.

 

 

The purchase of TICKETS via the WEBSITE means the formalisation of a contract between the USER and TABAKALERA, that shall be governed by the GENERAL CONDITIONS, as well as the corresponding PARTICULAR CONDITIONS, when they exist, and which may be formalised in Basque, Spanish and English, languages in which the USER will have the GENERAL CONDITIONS at their disposal.

 

 

The TICKETS shall be available for purchase without any territorial limitation.

 

 

  1. PURCHASE OF TICKETS VIA THE WEBSITE

 

 

The USER must only select on the WEBSITE the ACTIVITY/ACTIVITIES for which they wish to purchase TICKETS, choose a day and time, and the number and type of TICKETS they wish to purchase.

 

When selecting each ACTIVITY, detailed information about it shall be displayed, with the express indication of the unit price applicable to each TICKET according to the price list, the final total price of the units requested (VAT included), and the discounts which, if applicable, have been applied on their original price.

 

Once they have chosen the TICKETS they wish to purchase, the USER must accept the PARTICULAR CONDITIONS which may be applicable, provide the information required to formalise the purchase, and formalise the corresponding payment according to clause 2.2 of the GENERAL CONDITIONS.

 

In order to complete the contract and purchase initiated, the USER must accept the GENERAL CONDITIONS by means of the technical system established for such a purpose on the WEBSITE itself.

 

Once the GENERAL CONDITIONS have been accepted and the payment has been validated, the contract shall be understood to be concluded. After concluding the purchase and within a maximum period of 24 hours, the USER will receive the TICKETS (PDF format) at the email address provided during the purchase process. The USER must print, fire their own resources, the TICKETS for their valid use in compliance with the following Clause 3.

 

Failure to receive the above-mentioned email within the established period may be due to a temporary network communication problem or an error in the email address provided by the USER. If this is the case, it is advisable to contact the user Support Service of TABAKALERA (info@tabakalera.eus).

 

If after the USER receives the purchase confirmation they observe any error in their details, they may contact the user Support Service of TABAKALERA (info@tabakalera.eus]).

 

 

The USER may pay the amount of the purchase using a credit or debit card (VISA, MASTERCARD and MAESTRO). Any charges arising from the selected payment method will be borne exclusively by the USER.

 

All credit or debit card payments will be made via the secure payment gateway pertaining to a financial institution, which encrypts the card data. To ensure maximum payment security, TABAKALERA will use the secure payment system of its payment method providers. In this sense, the confidential payment details are directly transmitted in encrypted form (SSL) to the corresponding financial entity.

 

When payment is made through the payment gateway, the system will connect with the financial entity that issued the card, which will in turn request authorisation of the transaction by means of a personal authentication code. The transaction will only be effected if the bank that issued the card confirms the identification code. Otherwise, the transaction will be rejected.

 

In accordance with the applicable legislation regarding Consumers and Users, in the event of fraudulent use of a card to purchase an item, the USER and card holder may request the immediate cancellation of the charge. In this case, the corresponding credits and debits in the accounts of TABAKALERA and of the USER and card holder will be effected as soon as possible.

 

However, where a purchase has been made by the USER and card holder and a refund request is not a result of exercising their right to withdraw, when it legally corresponds to them, the USER will be liable for compensation to TABAKALERA for any losses and damages caused as a result of the cancellation of the charge.

 

 

  1. CONDITIONS FOR ACCESS AND/OR PARTICIPATION IN THE ACTIVITIES

 

In order to access the activity, THE user must present the TICKETS, either printed via their own resources or in mobile format and, if applicable, present documentation justifying the application of a reduced or discounted price.

 

Each TICKET bears a barcode or QR code which is unique and enables a single access. In the event of detecting a TICKET that is manipulated or suspected of being counterfeit or illicitly purchased, TABAKALERA and/or the co-organiser reserve the right to deny the holder access to the ACTIVITY.

 

Access and presents in the installations in which the ACTIVITIES take place may be subject to specific objective conditions which, in any event, shall be visible at the entrance of the establishment.

 

In any event, in general and unless expressly indicated otherwise, (i) the use of photographic cameras, video recording equipment and similar electronic devices inside said installation; (ii) smoking within the installations in which the ACTIVITIES take place; or (iii) touching the items exhibited in said establishments is not permitted. Likewise, access to the interior of the venue with animals is prohibited.

 

Failure to comply with any of these regulations will authorise the staff of TABAKALERA and/or the co-organiser to adopt appropriate measures, including Ejecting the non-compliant person from the installations.

 

In general, access to the installations in which the ACTIVITY takes place shall not be permitted once it has started, making it necessary, in such an event, to wait until a pause in its progress, if there is one.

 

 

  1. GUARANTEE AND LIMITATION OF LIABILITY

 

When the USER purchases TICKETS via the WEBSITE, TABAKALERA shall be the guarantor of the celebration of the ACTIVITIES to which they correspond, as well as their adaptation to the legal requirements which are applicable in each case. Any claims MADE by the USER must be addressed to TABAKALERA.

 

 

 

 

  1. RIGHT TO DESIST, EXCHANGES AND REFUNDS

 

 

In accordance with the legislation applicable to Consumers and Users and given the nature of the ACTIVITIES, the right to desist shall not be applicable to the purchase of TICKETS via the WEBSITE.

 

 

Once the purchase of TICKETS has been formalised, changes and refunds, either total or partial, shall not be admitted upon request of the USER.

 

According to the applicable legislation, the USER shall only be entitled to a refund of the price paid for the TICKETS under the following circumstances:

 

 

According to the above-mentioned legal provisions, if the ACTIVITY is unexpectedly suspended once it has commenced, the USER shall only be entitled to a refund of the amount of the TICKET when the suspension is not due to force majeure and one third of the time of the expected duration for the ACTIVITY has not elapsed.

 

For these purposes, "force majeure" shall be understood to be any extraordinary, unforeseeable or inevitable circumstance or event beyond the control of TABAKALERA, such as strikes of any type, fires, floods, power failure, faults or accidents at its installations, situations derived from the current health alert related to COVID-19 and other analogous situations that may occur in the future and any others that arise after the purchase of the TICKETS and which make it temporarily or, if applicable, definitively impossible or excessively onerous to carry out the ACTIVITY.

 

The refund of the price of the TICKETS, when applicable, shall be made effective within a maximum period of 10 days counting from the announcement of the cancellation, suspension or modification of the ACTIVITY, and shall be formalised via the same payment method that the USER made use of to pay the amount for the TICKETS.

 

 

  1. SUGGESTIONS, COMPLAINTS AND CLAIMS

 

USERS may send to TABAKALERA their suggestions, complaints and claims via an email addressed to the user Support Service of TABAKALERA (info@tabakalera.eus]) or by writing to the postal address contained in Clause 1.2 of the GENERAL CONDITIONS.

 

 

  1. DATA PROTECTION PRIVACY POLICY

 

The USER is informed that the personal data provided during the formalisation of each purchase (name, surnames, telephone number, email address and data related to payment of the TICKETS) shall be processed by TABAKALERA for the purpose of maintaining, developing, complying with and controlling the contractual relationship with the USER, and on the legal basis of the execution of the contract entered into by both parties.

 

In the event that the USER provides data pertaining to a third person during the contract process, they declare that they have the express consent of the third person to share their data.

 

The personal data which are subject to processing will be held for as long as the contractual relationship exists with the USER, and for any additional time necessary to comply with legal obligations on TABAKALERA.

 

The personal data of the USER may be communicated to the third-party co-organisers of the ACTIVITY, provided said communication is necessary to enable the access and participation of the USER in the ACTIVITY and on the legitimate basis of the execution of the contract between the parties.

 

Likewise, the personal data of the USER may be communicated to the Tax Administration, the Justice Administration or other Public Administrations in those circumstances where TABAKALERA is obliged to do so due to legal imperative.

 

There are no provisions in place for the international transfer of the personal data of the USER.

 

The applicable data protection legislation grants the USER a series of rights relative to their personal data (the right to access their data, to request their rectification or erasure, to request restriction of processing and data portability, and to object to the processing). The USER may exercise these rights with regard to TABAKALERA and, when applicable, revoke their consent, via a written application to the email address pribatutasuna@tabakalera.eus.

 

In addition, the USER may submit a complaint to the competent Supervisory Authority (in the case of TABAKALERA, the Spanish Data Protection Agency), particularly when their rights have not been exercised to their satisfaction. You can contact the aforementioned Authority via their website: www.aepd.es.

 

 

  1. APPLICABLE LAW

 

The activity carried out via the WEBSITE is subject to the European and Spanish legislation in force applicable to the field of electronic commerce and the protection of personal data.

 

 

 

 

  1. JURISDICTION AND SETTLEMENT OF LITIGATION

 

Any controversy or conflict arising between the USERS and TABAKALERA shall be dealt with before the competent courts and tribunals in accordance with Spanish legislation regarding procedural matters.

 

Likewise, we inform you of the possibility offered to you by Law to resort to the online dispute resolution platform of the European Union, accessible via the following link: http://ec.europa.eu/consumers/odr/.

 

 

 

[1]     e.g. particular conditions of the Film Pass.

[2]     Revise and adapt the current purchase procedure.

[3]     If other payment methods are accepted, they must be included.


Terms and conditions
TABAKALERA
Plaza de las cigarreras, 1 20012 Donostia / San Sebastián
Telephone: 943118855
Email: info@tabakalera.eus

Follow us!

Disclaimer
Privacy Policy
Cookies policy
Powered by