CLAUSE 1. GENERAL TERMS AND CONDITIONS. ACCEPTANCE.

These General Terms and Conditions of Contract shall apply to the sale of tickets and the use of products and/or services of Es Jardí, forming an integral part of the contract through which tickets to the aforementioned Festival are acquired.

The sale of tickets is expressly conditioned upon the acceptance of these terms and conditions, with the user declaring, by accepting them, to have read, understood, and expressly accepted them before completing the purchase process.

If any of the clauses and/or stipulations of these General Terms and Conditions of Contract are deemed null or unenforceable for any reason, the remaining clauses shall remain fully valid and in force.

CLAUSE 2. GENERAL INFORMATION.

About the event organizer.

In compliance with the duty of information, users are informed that the promoter and, therefore, organizer of the event is the entity: ES JARDÍ MUSICAL, S.L., with registered office at calle Maquinaria, no. 4, 1º, C.P.: 07011 (Palma de Mallorca), and provided with NIF: B13663539.

Without prejudice to the foregoing, the user may contact the event organizer via the following email address: info@mallorcalivemusic.com, at the telephone number 690991134, or at the postal address indicated in the previous section.

About the online distribution and payment platform.

The online distribution and payment platform is ENTRADAS EVENTIM SAU, with registered office in Madrid, calle Serrano Anguita no. 8, 2º izquierda, provided with C.I.F.: A-81933772.

For these purposes, users are informed that when purchasing tickets or passes, they will do so through an external payment platform exclusively owned by the distribution platform and, therefore, completely independent of the event promoter.

CLAUSE 3. TICKETS.

The official ticket sales channels for the Festival are:

• https://esjardimallorca.com/
• https://www.entradas.com/artist/es-jardi/
• https://www.seetickets.com
• https://www.entradas.com/
• https://www.elcorteingles.es/entradas/festivales/festival-es-jardi/

The organization does not guarantee the authenticity of the ticket if it has not been purchased through the official channels mentioned above, and users may acquire duplicated or counterfeit tickets that would prevent access to the event. For these purposes, users are informed that the organization carries out electronic validation of 100% of the tickets presented at the time of access, so access will be denied to any person with a ticket that has been previously validated or purchased outside the official channels.

Any ticket showing signs of forgery will authorize the organizer to deny its bearer access to the venue. The resale of tickets is expressly prohibited. Any illegal practice involving the resale of tickets by the user will entitle the organizer to claim any damages and losses that may legally apply.

Once purchased, the user will receive an email with the ticket they have acquired. In case of any issues with the received email, the user must contact the sender, i.e., the distribution platform, via the email address atencionalcliente@entradas.com.

The event promoter is not responsible in case of loss or theft of the ticket.

Users are permitted to upgrade their purchased ticket, meaning switching to a higher-priced ticket, provided it is for the same event and the price difference is paid. To carry out these upgrades, it will be necessary to first purchase the new ticket. Once purchased, the full refund of the original ticket amount will be processed to the bank account associated with the payment card. For this, the user must provide all purchase details and the reference numbers of both purchases by contacting the organizer via email, which must match the email address provided during the initial purchase.

There are certain tickets with a discounted price or special rate. The user who purchases a ticket with these characteristics must provide proof at the time of entry to the venue, along with the relevant documentation, that they are entitled to the selected rate or discount. Otherwise, the applied discount will be invalid, and it will be at the organizer’s discretion to deny access or allow entry upon payment of the difference between the discounted rate and the regular price of the purchased ticket.

The official sales channels provide tickets for people with reduced mobility (PRM) and people with sensory diversity (PSD), located in specially designated areas of the venue. For this reason, access to any of the venue’s floor areas with crutches, canes, wheelchairs, folding chairs, walkers, scooters, or any other similar support devices is not permitted.

CLAUSE 4. RIGHT OF WITHDRAWAL. CHANGES AND REFUNDS.

Once the ticket is purchased, the right of withdrawal will neither be applicable nor exercisable, as it pertains to a service related to a leisure activity with a specific execution date.

However, the user will be entitled to request a full refund of the ticket price in the following cases:

• Total cancellation of the event before its start.
• Significant modification of the lineup, understood as the cancellation of one or more main artists without the possibility of a comparable replacement.

In cases of cancellation or significant modification of the event due to force majeure, the ticket price will be refunded, except if the force majeure occurs after the event has started. In the latter case, no refund will be issued.

In the event of cancellation or significant modification of the event by the organizer, the purchaser may request a refund within a period not exceeding fifteen days from the date of the public announcement of the cancellation, and in all cases, presenting the proof of purchase.

The cancellation of events scheduled for one day will not entail the cancellation of the remaining days of the Festival. Therefore, the user may not request a refund for tickets corresponding to the days of the Festival that were able to take place.

Weather conditions that do not prevent the Festival from taking place will not entitle the user to a refund of the ticket. Adverse weather conditions likely to lead to cancellation are those of an extreme nature that may prevent the Festival from taking place and make it impossible to guarantee the safety of attendees and the staff responsible for setup.

In general, refunds will not be accepted in cases of the user’s inability to attend the event and/or errors made during the purchase of tickets.

CLAUSE 5. ACCESS TO THE VENUE.

Access to the venue will require presenting the ticket to be scanned by security personnel. The ticket will be valid only on the day indicated on it.

For security or access control reasons, the user may also be required to present their national identity document (DNI) or any other official identification.

The entry and access of animals to the venue are prohibited, except for assistance dogs that have been individually trained to perform tasks for the benefit of people with physical, sensory, or intellectual disabilities.

The organization assumes no responsibility in case of loss or theft of the ticket.

The ticket holder is responsible in case of duplication. It is the purchaser’s responsibility to safeguard the ticket and prevent it from being duplicated. It is recommended not to post the ticket on social media, not to print it in insecure locations, and to keep it out of the reach of third parties.

Only the first ticket presented and validated at the festival entrance will be considered valid. Any ticket with the same code presented subsequently will be invalidated.

The organizer is entitled to refuse access to the venue and expel the user from the venue if any of the following circumstances occur:

• The ticket is incomplete, damaged, or shows signs of forgery.
• The bearer violates the instructions of the organizer or the organizer’s staff, such as the prohibition of access to restricted areas.
• The bearer displays a violent attitude or publicly incites hatred, violence, or discrimination based on birth, race, sex, religion, opinion, disability, sexual orientation, gender identity, or any other social or personal condition or circumstance, and in particular, the bearer who behaves aggressively or causes disturbances outside or at the entrance, carries weapons or objects that could be used as such, or wears clothing, objects, or symbols that incite violence or advocate activities contrary to the fundamental rights recognized in the laws and the Constitution.
• The bearer is in possession of drugs, engages in drug trafficking, or shows signs of consuming or having consumed drugs or narcotic substances.

In any case, denial of access and subsequent expulsion from the venue for justified reasons will result in the non-refunded ticket price, as well as the removal of the payment wristband provided at the start of the event.

The exercise of the right of admission will not, under any circumstances, involve denying access to the bearer for reasons of birth, race, sex, religion, opinion, disability, sexual orientation, gender identity, or any other personal or social condition or circumstance.

Upon entering the venues, the public may be subject to a search in accordance with applicable regulations on public safety, public events, and recreational activities. The entry of objects that may be considered dangerous by the organization or prohibited by current regulations is not permitted, particularly those listed below.

Entry to the venue with food and beverages from outside is permitted, subject to the following conditions for the safety and hygiene of all attendees:

• Entry to the venue with one sandwich or similar (sandwich, snack) per user with a ticket is permitted, unless it is confirmed during any inspection that the food poses a risk to other users due to its dangerous nature.
• In general, entry to the venue with food for medical purposes is permitted for users with diabetes, severe food allergies, or any other medical condition.
• Entry with baby food is permitted, provided it is properly sealed and identified.

Entry to the event with pieces of fruit that, due to their weight and composition, could be throwable objects capable of causing harm to other users, as well as any other items that, due to excessive weight and composition, could cause the aforementioned damage, is expressly prohibited.

Entry with food in Tupperware containers, regardless of the material, that may pose a risk or danger to other users is expressly prohibited.

Entry with portable coolers, food preservation items, cutlery, and similar utensils is expressly prohibited.

Only non-alcoholic beverages in plastic bottles with a capacity of up to half a liter will be permitted. For safety reasons, the bottle cap must be removed to access the venue.

Entry to the venue with one reusable cup per user is permitted, provided it meets the following specifications:

• Material: hard plastic. Glass cups are not accepted for safety reasons.
• Minimum capacity: 330 ml.
• Maximum capacity: 600 ml.
• Condition: The cup must be clean and in good condition without cracks or sharp edges.

The Festival organization reserves the right to prohibit the entry of cups that do not meet the above conditions. Likewise, users are informed that they can purchase an official reusable Festival cup inside the venue for a price of €2. Additionally, if the user returns the cup in good condition to the designated points, the paid amount will be refunded.

Access and stay in the venue will be authorized only from the time indicated on the ticket until the end of the event.

The organizer may deny access or expel the ticket holder from the venues in case of non-compliance with the instructions of the organization’s staff, as well as if it can reasonably be presumed that a situation of risk or danger will be created for the bearer or other attendees, or due to apparent or potential states of intoxication, with the bearer being personally responsible in all cases for their own actions and omissions that cause injury to third parties or damage to property.

The user must retain their ticket until the end of the event, and the organizer may require them to present it to process any claims that arise.

CLAUSE 6. EVENT PRODUCTS AND/OR SERVICES. PAYMENT METHODS.

The accepted payment methods for the Festival are cash and credit card payments and/or any contactless technologies via POS terminals.

CLAUSE 7. RIGHTS RESERVED BY THE ORGANIZER.

The violation of any of the rules and regulations described herein or any action by the user that may cause harm, damage, or grievance to the organizer or other users will entitle the event organizer to immediate expulsion from the venue.

In general, if the user leaves the venue, they will be denied re-entry unless they purchase a new ticket. In any case, the organizer reserves the right to allow a second entry in justified cases of leaving the venue.

Whenever it is due to justified reasons or disputes arising from relations with the artists themselves, insurmountable for the organizer, the organization reserves the right to alter or modify the program and/or the date and time of the event.

Any claim based on reasons for alteration or cancellation of the event must be addressed to the organization along with the ticket receipt.

In the event that the organization rejects a claim directly submitted by a user, the user may directly resort to an alternative dispute resolution entity notified for this type of consumer dispute, in accordance with the provisions of the law transposing Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 into Spanish law.

For these purposes, the user is provided access to such entities through the following link to the European Union’s online dispute resolution platform: Online Dispute Resolution | European Commission.

For safety reasons, in cases of force majeure, the organizer reserves the right to fully or partially evacuate the venue, interrupt or stop the event, and even keep users in the venue after the event has ended until the cause is resolved or safety is restored.

CLAUSE 8. PERSONAL DATA.

The online sale of tickets and any other product and/or service of the event involves the provision of personal data and, in some cases, banking information.

The event organizer guarantees that the provision of this data is carried out in a secure environment. However, considering that no security system is infallible, it is not possible to guarantee that these security measures are free from errors or immune to interference from third parties (hackers, among others). For this reason, the event organizer is exempt from any liability for any damages and/or losses that may occur due to causes beyond the control of the Festival and its organization.

Users are warned that they have the duty to provide correct, accurate, truthful, up-to-date, and legitimate personal data, and the organizer assumes no responsibility for the provision of any incorrect, false, or erroneous data.

CLAUSE 9. IMAGE RIGHTS.

The event organizer is the owner of all intellectual and industrial property rights of the performances or artistic acts carried out during the event, without temporal or territorial limitation, and without any other limitation except those provided by law.

Therefore, the publication or dissemination for commercial or advertising purposes of any recordings of images or sounds of the performances that take place during the event is prohibited. Only the capture of images or recordings for exclusive private and personal use is permitted.

For the purposes of Organic Law 1/1982, of 5 May, on the civil protection of the right to honor, personal and family privacy, and one’s own image, users are informed that their attendance at the festival implies express consent and authorization for the capture, reproduction, distribution, and publication of their image, even for advertising purposes and through any medium, including electronic means.

The user acknowledges and accepts that their image may be captured during the event through photographs, filming, recordings, or any other record of image, voice, and/or name, expressly authorizing the organizer to record, store, disseminate, use, and exploit such images by itself or through third parties, provided it is for marketing and advertising purposes or in compliance with an order from a competent authority to ensure the event’s safety.

For these purposes, the authorization granted to the organizer to disseminate their images under the terms described above is done freely, fully, without temporal limitation, and free of charge.

The capture of the image, in any of the forms described, will also allow editing, transfer, deletion, and any other changes, including recordings, filming, photographs, phonograms, and texts.

The event organizer is not responsible in any case for promotional actions involving the use of the image and voice of attending users by third-party sponsoring or collaborating companies, with the latter being solely responsible for all purposes.

The event organizer reserves the right to transfer the rights among companies within its group for the purposes set out herein.

CLAUSE 10. MINORS.

The entry of minors to the Festival will be governed by current regulations and, in particular, by the provisions of Law 7/2013, of 26 November, on the legal regime for the installation, access, and exercise of activities in the Balearic Islands, in accordance with the interpretation provided in Consultation 2017-21-A of the Balearic Islands Government Council. For these purposes:

In general, minors are allowed access to the venue with the following specifics:

• Minors up to 12 years old will have free access to the venue by obtaining a ticket at a cost of €0, but their access is restricted to the general floor area, and the sale of VIP or PREMIUM tickets to these minors is prohibited.
• From the age of 13, it is mandatory to purchase a ticket at the standard price.
• All minors up to and including 15 years old are required to access the venue accompanied by a parent, legal guardian, or a duly identified and authorized responsible adult.
• Once they reach 16 years of age, minors may access the venue freely, provided they are previously identified as minors and have the corresponding authorization signed by a parent, legal guardian, or a responsible adult duly authorized for this purpose.

All access authorization forms for parents and legal guardians are available on the Festival’s website (Minors FAQs), and the authorization forms can be downloaded via the following link.

During their stay in the venue, parents, legal guardians, or duly identified adults will be solely responsible for the minors in their care and for any actions they may take. For these purposes, at the time of access to the venue, it will be necessary to present the following documentation: DNI, family book, or literal birth certificate if the former is not available, passport, or any other document that proves the parental or custodial relationship with the minor. Each adult may be responsible for a maximum of three minors.

The organization informs that, in accordance with current legislation, the sale of alcohol to minors under 18 years of age is expressly prohibited.

CLAUSE 11. APPLICABLE LAW AND JURISDICTION.

These terms and conditions are governed exclusively by Spanish law.

For the resolution of any disputes, the parties expressly submit to the Courts and Tribunals of Palma de Mallorca, as it is the place of fulfillment of the obligation.