TERMS AND CONDITIONS OF USE AND CONTRACTING
1. Introduction
These General Terms and Conditions of Use and Contracting (hereinafter, the “General Terms and Conditions”) apply to all use made of this website www.hellotickets.com.my (hereinafter, the “website” or the “Portal”), as well as to all transactions carried out through it. Together with the offer, price and description of the services—namely, the provision, by third-party sellers or by Hellotickets acting as an official distributor, of entrance tickets and/or passes granting access to shows, events, leisure and entertainment activities that are marketed through the website (hereinafter, the “Services”)—and any other specific terms or agreements that may be established, such as those of the respective sellers, these General Terms and Conditions govern the relationship between Hello Ticket, S.L. (Hellotickets) and the users of the Portal (hereinafter, the “USER”), forming the complete agreement between all parties.
This website is a marketplace that offers, among other things, an online market service through which consumer customers may request (i) the Services offered and sold directly by providers, distributors, entrepreneurs, merchants or third-party sellers (hereinafter, “Sellers”), without prejudice to the fact that the making available of such tickets or entrance passes marketed directly by the Sellers through the website may involve technological intermediation management services provided directly by Hellotickets in favor of the USERS, as well as (ii) the Services offered and sold by Hellotickets in its capacity as an official distributor of third-party brands.
These General Terms and Conditions will remain in force for as long as they appear published on the website and will apply to those USERS who, among other particulars, are interested in purchasing the Services offered on the Portal.
To formalize any relationship with Hellotickets and the different Sellers it is essential that you accept our General Terms and Conditions of Contracting. Let’s enjoy great experiences together!
2. Identification of the parties
Hello Ticket, S.L. (“Hellotickets”), the owner of the portal www.hellotickets.com.my, is incorporated under Spanish law. Our registered office is at Paseo de las Delicias 110, 7B, 28045, Madrid, and our tax ID (CIF) is B87643680. We are also registered with the Commercial Registry of Madrid, Volume 35117, Folio 120, Section 8, Sheet number M-631551.
Contact:
contact@hellotickets.com
657 762 372
On the other hand, we have the USER, i.e., any person who accesses and browses the Portal, whether a Seller, Client or a simple Internet user. Any use made of the Portal, as well as the acquisition of any Service, necessarily implies the USER’s unreserved acceptance of these General Terms and Conditions, which will therefore apply to them and govern their commercial relationship with the Portal.
The USER undertakes to read these General Terms and Conditions carefully when accessing the Portal and is invited to download, print and keep a copy.
3. Purpose and provision of the Services
Through www.hellotickets.com.my, Hellotickets is a platform that connects Sellers of the Services with buyers (hereinafter the "CLIENT(S)") interested in purchasing them. In short, we are an intermediary.
The purpose of these General Terms and Conditions is to establish the contractual provisions concerning the rights and obligations of the Parties in the context of using the Portal and all the Services offered.
In this context, it should be expressly noted and informed that Hellotickets, in accordance with the applicable legal regulations, acts as an "online intermediation service provider." Therefore, Hellotickets only acts as a technical intermediary. Its role is limited to providing consumers and users with the online marketplace where Sellers publish their Offers (i.e., the commercial offer published by a Seller on the website relating to a Service), bringing such Sellers into contact with CLIENTS. The sale of Services to CLIENTS is governed by the corresponding sales contract or terms of each Seller, who will be identified on the website as a professional seller in its capacity as an entrepreneur, supplemented where necessary by these General Terms and Conditions of the website. The sales contract or specific terms for providing the tickets and access passes is concluded exclusively and directly between the CLIENT and the corresponding Seller.
Therefore, Hellotickets is not the owner of the tickets or access passes to leisure activities that you see on the Portal. These belong to and are marketed directly and exclusively by the Sellers.
In this context, Hellotickets has no control over the execution of the sales of the Services and does not intervene in the transaction between Sellers and CLIENTS. Sellers and third-party providers determine the prices and specify the descriptions, functionalities and characteristics of the Services they sell on this Portal. Hellotickets earns remuneration either through the commission applied to the sales of the Services that CLIENTS purchase from Sellers via the Portal or through providing USERS with the aforementioned technological intermediation management services. When the provision and acquisition of entrance tickets and access passes involve this technological intermediation management service, the USER will be duly informed prior to the purchase of the corresponding entry or access ticket.
To this end, Hellotickets has no relationship or authority over the Seller’s decision to accept or reject a Service, the price it sets for its Services, nor does it intervene at any time in the negotiations and claims carried out between the Seller and the CLIENT. The contractual relationship arising from the provision of the Services will, in any case and exclusively, be between the Seller and its CLIENT (Portal User). The Seller may unilaterally decide to accept and/or cancel a service at its own risk and shall not disintermediate the contracting of the Services, i.e., Sellers must not accept or allow, nor induce or invite, USERS to contract the Services offered on the Portal outside of it.
Unless due to a technical failure of the website itself or a breach attributable to Hellotickets in providing the Services, the Seller is solely responsible for the marketing and execution of the sale of Services made through this website, as well as for compliance with applicable regulations. To this effect, the USER expressly releases Hellotickets from any disagreement, discrepancy, loss, damage, non-conformity or claim that may arise in their relationship with the Seller. Likewise, the Seller releases Hellotickets from any liability, claim, litigation, complaint, etc., that Hellotickets may receive as a result of the Services advertised and/or sold by the Seller through the Portal.
Notwithstanding the foregoing, the Seller’s liability cannot, in any case, be compromised due to the CLIENT’s breach or defective performance of contractual obligations imputable to the CLIENT.
4. CLIENT registration process
Registration as a CLIENT is completely free and is carried out through a self-registration process using the email address provided by the CLIENT while browsing our website. By providing their email address, an account associated with that email is generated, allowing the CLIENT to access all relevant information about the products or services purchased if a purchase is completed. To register on our Portal and purchase Services you must be of legal age. The website is intended exclusively for persons legally of age with legal capacity. Use by minors is excluded; minors must not use the website and/or contract the Services offered on it. Hellotickets reserves the right to deactivate those USERS who cannot prove, when requested by Hellotickets, that they are of legal age, proceeding to delete their personal data.
During registration, you, as CLIENT, are solely responsible for the data you enter. You agree to provide truthful, accurate and complete information about your identity in the registration, purchase and accreditation forms and to keep it up to date, as the authenticity and accuracy of such data is your responsibility, as well as ensuring they do not infringe third-party rights or applicable law. Your honesty helps us provide you with the best possible experience!
To modify or update your data you must send an email to contact@hellotickets.com. Make sure this information, especially your email address, is correct to avoid future problems.
If you provide false, inaccurate or incomplete data, or if Hellotickets suspects that the information is not authentic, it may block access to and use of the website or any of its services at any time.
For the Service to be provided, the Seller will access the data you provided when purchasing the Services.
5. Services and their ranking
All information about the Services, such as prices, features and descriptions, is available on the website and will be displayed on screen in each case. Sellers distribute their respective offers under their control and responsibility. The CLIENT, according to their own needs, responsibility and criteria, chooses the Service(s) for their order. Once the Services have been selected and identification data entered, a summary of the order will be displayed with information on those Services, prices and quantities.
As an operator of an online platform, Hellotickets acts in a neutral, clear and transparent manner. No capital link or legal dependency with any of the Sellers influences the ranking or inclusion of the Services on the website.
Sellers and USERS are also informed that the parameter (algorithm) governing the ranking of the Services on the website is randomness; that is, each time a USER searches for a service, the website will show the USER different Services from all those available on the site at that moment and the selection of this sample will be based on randomness, so that all Sellers have the same probability of appearing in USERS’ non-personalized search results.
6. Service purchase process
To contract the Services offered through the website, the USER may log in or, failing that, continue with the acquisition or purchase process as a “guest,” in each case following the corresponding on-screen instructions and accepting the purchase by completing said instructions, which also implies the reading and irrevocable acceptance of all these General Terms and Conditions and, where applicable, any specific conditions that may exist and apply at that time, as well as Hellotickets’ Privacy Policy. If the USER decides, at any time during the acquisition or purchase process, to log in and continue as an “identified” USER, they will be able to view and, where appropriate, update and rectify their personal information.
To contract the Services offered through this website, the USER must have provided a series of information, as indicated on the corresponding screens, so that Hellotickets can properly identify the USER.
During the contracting process the USER must enter certain requested personal data (for example: first and last name, email address, etc.). By contracting any Service, the USER consents to their contact data and the content of their request being communicated to the Sellers registered on this Portal who will provide the corresponding Service.
The purchase process on the Portal is straightforward:
- 1. First, check the availability of the Services for the event, show or leisure activity on the date and time you prefer. Select the number and type of tickets and customize other options such as language or collection point, as applicable. The Seller may require the personal details of all attendees and your contact email address.
- 2. Before proceeding to payment, be sure to read the pre-contractual information of the selected Service and verify that all attendees meet the requirements (minimum age, dress code). Sellers and event organizers reserve the right of admission.
- 3. Then choose your preferred payment method from those available on the website and enter the corresponding details in the payment gateway. Depending on the option selected, you may be redirected to an online payment platform to complete the purchase.
- 4. Before finalizing the purchase, make sure to read and accept these General Terms and Conditions and the Privacy Policy.
- 5. Click [“PAY”] to complete the transaction. You will receive a confirmation email with all the details of your purchase. If you do not receive this email, it may be due to a temporary network issue or an error in the email address you provided. In that case, contact us at contact@hellotickets.com.
- 6. Finally, review the details in the confirmation email and, if you find any error, contact us at contact@hellotickets.com. The Customer Experience team is here to help!
7. Payment methods and security
At Hellotickets you can transact at any time, 24/7. The charge will be made online once we have verified that the data provided are correct. You can pay by card, PayPal, Google Pay, Apple Pay, among others.
To ensure your security, we have integrated the Sift Science anti-fraud system on our website, guaranteeing that all transactions are 100% secure.
If you have Hellotickets credit, you can also use it to pay.
We reserve the right to withhold any transaction for security reasons and to temporarily restrict access to the acquired Services. If fraudulent activity is detected, we will inform affected CLIENTS and may request additional documentation. Hellotickets may also cancel a transaction if the data provided by the CLIENT cannot be verified.
We are not responsible for delivery delays caused by lack of authorization from the payment system.
The purchased Service will not become the CLIENT’s property until the full payment has been successfully completed.
8. Price of the Services and of the technological intermediation management service
The price of the Services and of the technological intermediation management service will be as displayed at any given time on the Portal. Service fees may vary depending on the type of event, ticket type and location.
USERS are informed that with respect to Sellers’ Services, Hellotickets does not set the ticket prices; the Seller itself sets them, so they may sometimes differ from the original price marketed by the corresponding organizer. Furthermore, on certain occasions and as will be indicated, this price also includes the costs of Hellotickets’ technological intermediation management service.
All prices on the Portal are expressed in Malaysian ringgit and, unless otherwise indicated, are final prices. That is, prices include VAT or other taxes applicable under current legislation. You will know the final ticket price, including all costs, before proceeding to payment.
9. Delivery of the Service
Your order will be sent to the email address or mobile phone number provided during the transaction, depending on the type of event associated with the purchased Service. Depending on the event, tickets may be sent up to the very day of the event.
Delivery types:
- PDF: You will receive a PDF file or voucher with your tickets, which you can show on your mobile at the venue entrance or print out.
- QR codes: Download them directly to your mobile to be scanned at the event entrance. No printing required.
- Mobile Transfer: Mobile tickets transferred via various platforms depending on the event organizer. Show the tickets on your mobile to enter; no printing required.
- Flash Seats: Managed by the AXS Flash Seats platform. One of the safest ways to access the stadium. Link the tickets to your credit card or access them by downloading the app.
- Registration in third-party apps: Sometimes it is necessary to register or download third-party apps to access tickets for certain events.
To avoid delivery issues, it is essential to fill in the form correctly, including the contact email address. Hellotickets is not responsible for failed deliveries due to incorrect data provided by the CLIENT. Therefore, if a purchase cannot be delivered due to inaccurate data, no changes or refunds will be accepted.
10. Event, show or activity cancellation policy. Withdrawal
Once you have completed your purchase and the event has been held, tickets or access passes cannot be cancelled unless authorized by the Seller as outlined below.
If the event is postponed to another date, the CLIENT must follow the instructions of the Seller or event organizer. The purchased ticket may be valid for the new date or exchanged for another event by the same organizer, without this implying a refund. Money will be refunded by the Seller only if the postponed event is finally cancelled.
In the event of cancellation of the event, show or activity, the CLIENT will receive an informative email and may manage the refund following the instructions in the email.
For certain activities, which will be indicated during the purchase process, cancellation may be permitted within a specified period. The cancellation conditions indicated in the activity description and voucher will apply. It is highly recommended to read this information carefully. These conditions apply regardless of the time of booking. If booked on the same day as the activity and cancellation is not allowed within the 24 hours prior, it cannot be cancelled. If the activity is non-cancellable, no changes will be permitted.
Tickets for sporting events, musical events and concerts are non-exchangeable and non-refundable.
Please note that, as regulated by applicable law, the sale of this type of Service related to leisure activities, including shows and events that foresee a specific date or period of performance, falls under the legal exceptions to the right of withdrawal, so CLIENTS cannot withdraw from the purchase, as this right does not apply to them.
If a refund is appropriate, you must keep the tickets, as sometimes they will need to be returned either to the seller or to Hellotickets. In this case, you will receive a full refund or credit for a future purchase, as the CLIENT prefers (unless the law requires a monetary refund), once the tickets have been returned.
11. Replacement of Services
If, for reasons attributable to the Sellers, the purchased tickets or access passes must be replaced and it is not a cancellation of the event, Hellotickets, as previously instructed by the corresponding Seller on how to proceed, will inform the USER by offering a similar or superior Service, taking into account proximity and visibility of the event, show or activity.
If the Seller does not have similar or superior tickets, or if you do not accept the new Service offer, the Seller will refund the full price of the tickets initially purchased.
12. Mandatory health measures
To access any event, tour or activity, it is important to follow the health and sanitary rules established by national legislation or those indicated by the Seller. This may include, but is not limited to, mandatory mask use, presenting a recent negative Covid test or a complete vaccination certificate. We want to ensure you a safe experience.
13. Intellectual and Industrial Property and illicit content
Hellotickets assures that it has the necessary authorization to provide USERS access to the Services offered on its website.
By accepting these General Terms and Conditions, the USER acknowledges and accepts that the intellectual property rights (including exploitation rights such as transformation, public communication, distribution and reproduction) of the Portal, its components and the content related to the Portal are owned by Hellotickets or have been duly licensed to it, and the USER waives the right to claim these rights in any way. Any exploitation, distribution, transformation, public communication or reproduction, in whole or in part, of the Portal and its content, by any means, without the prior, express and written authorization of Hellotickets is prohibited, and non-compliance with such prohibition will constitute an infringement. The USER agrees to use the Portal and its content diligently, correctly and lawfully and, in particular, undertakes not to infringe, in any case, the rights referred to in the preceding paragraph, and not to use the Portal, with its different elements, content and services, for their exclusive private use.
The trademarks, interactive screen designs and graphics, drawings, planograms, text, image or sound files, photographs, infographics, user interface, thesaurus, indexing systems, logos, slogans, animations, videos, software programs and solutions, texts and all other content of the Portal, except for the content and information published by the Sellers, are the exclusive intellectual property of Hellotickets or of the entity that has licensed them, and may not be reproduced, copied, distributed, used, commercialized or exploited without Hellotickets’ prior, express and written authorization.
Hellotickets reserves all rights and does not grant USERS any right, license or authorization to use the Portal or its elements. Use of this Portal and its services does not imply any waiver, transfer, license or assignment, total or partial, of rights granted by Spanish and international legislation on industrial and intellectual property, nor does it confer any exploitation right of any kind, such as reproduction, distribution, transformation or public communication, nor ownership to USERS over said content or the intellectual and industrial property rights of Hellotickets or the corresponding third party. The USER may not alter, exploit, reproduce, distribute or publicly communicate the website, its content or the acquired Services without prior and express authorization from Hellotickets or the corresponding third party.
Additionally, USERS are informed that, to market the Services through the Portal and present the corresponding offers, Sellers may upload their own content, such as photographs, trademarks, descriptive texts, logos, designs and other models, owned by them or third parties. The Seller guarantees that it owns all intellectual property rights (including exploitation rights such as transformation, public communication, distribution and reproduction) and industrial property rights over these contents or has the necessary authorization, right or license to use all such content. Hellotickets cannot, in any case, be considered responsible for any act of infringement, given its mere role as a hosting service provider for the content published directly by the Sellers.
To this end, Hellotickets is not responsible for content published either by USERS themselves or for offers or content posted by Sellers. However, Hellotickets reserves the right to remove or make inaccessible any manifestly illicit content that has been reported to it and/or that it deems manifestly illicit.
Notification of manifestly illicit content by a USER or any other third party must be made by email to: contact@hellotickets.com.
For the above purposes, please ensure the notification contains the following: (i) the date of the notification; (ii) name and surname or company name and contact email of the notifier and name and address of the recipient; (iii) description of the disputed facts and their precise location; (iv) reasons why the content should be removed, including reference to legal provisions and justification of the facts; and (v) a copy of the correspondence sent to the author or publisher of the information or activities in question requesting their interruption, withdrawal or modification, or justification that it has not been possible to contact the author or publisher.
As a hosting service provider, Hellotickets undertakes to promptly remove any manifestly illicit content as soon as it becomes aware of it.
14. Reviews or opinions
Hellotickets provides USERS who have previously purchased Services on the Portal with a Reviews service that allows them to share with Hellotickets and other USERS their experience, opinion and rating of the purchase and use of the different Services acquired from Sellers on the Portal.
The use and participation in this service and access to it by minors is expressly prohibited, minors being understood as all those who have not reached 18 years of age.
In the context of publishing online reviews on the Portal, Hellotickets expressly undertakes to provide USERS with accurate, clear and transparent information on the methods of publication and processing of reviews published online. In this regard, Hellotickets specifically undertakes to publish the date of the review and any updates.
For information purposes, please note that all reviews come only from real, verified CLIENTS who have previously and verifiably purchased the Services offered on the Portal and who have consequently enjoyed or not the corresponding event, show or activity in question, and such reviews are not remunerated by Hellotickets. The actual purchase of the Service by the USER is certified before their review is published.
As part of the processing of reviews and to demonstrate that Hellotickets takes reasonable and proportionate measures to verify that reviews belong to USERS and CLIENTS who have purchased the Services on the Portal, the USER can only participate in this service once they receive an email sent by Hellotickets to the email address previously provided by the USER when purchasing the Service or during the registration process. This access will allow the USER to participate in this service after accepting these conditions.
The USER agrees, warrants and declares that they will not submit any content (i) that they know is false, inappropriate or misleading, (ii) that infringes any copyright, patent, trademark, trade secret or other proprietary, publicity or confidentiality rights of third parties, (iii) that violates any law, statute, ordinance or regulation (including, among others, those governing export control, consumer protection, rights to honor, personal and family privacy and self-image, unfair competition, anti-discrimination or false advertising), (iv) that infringes these conditions and generally accepted good customs or public order, (v) that is or may be considered defamatory, encourages hate, is racially or religiously biased or offensive, threatens or constitutes illegal harassment of any individual, company or enterprise, and (vi) that contains political, derogatory or discriminatory content based on sex, race, religion, ideology, nationality, etc., or that is pornographic or intimidating or incites violence or contains graphic or unjustified violence or nudity.
Furthermore, all reviews, notes, opinions, questions and answers submitted are subject, before publication, to content moderation, carried out automatically through an algorithm system and manually at this moderation stage. This moderation aims to verify the USER as well as the suitability of the opinion, question or answer in accordance with Spanish law and these conditions. If reviews are moderated, Hellotickets undertakes to ensure that the processing of personal data carried out in this context complies with the LOPD-GDD and the GDPR.
The USER agrees and warrants that they, and not Hellotickets, are responsible for the content they submit and any possible infringement of third-party rights, and that they hold the rights to any content they submit, reproduce, publish or display in this service or through it, and that they have obtained the express consent of all persons and their personal data appearing in the contents they publish in this service. The contents will be considered public and not confidential, and may be used freely and at no cost by Hellotickets and the Sellers.
The website only displays verified reviews. These reviews pass two approval filters before publication: an automatic one based on prohibited words, to discard reviews that are not specific to the Service, and a second manual filter for the same purpose, namely confirming that the reviews published refer to Services and not to matters unrelated to them.
Once approved, reviews are displayed by default through an algorithm ordered by “most recent.”
The responsibility for any content, posted publicly or privately, lies with the author of that content. Consequently, under no circumstances will Hellotickets be responsible for the content USERS publish in this service; responsibility will lie solely and directly with USERS, with full indemnity for Hellotickets, unless there is willful misconduct or gross negligence by Hellotickets in allowing its disclosure or publication.
Once moderated and published, reviews will remain on the Portal for a period not exceeding one year. Hellotickets reserves the right to remove content when the Service becomes obsolete or is removed from the website.
Without affecting consumer rights and to the maximum extent permitted by applicable law, and without prejudice to what is set out in the rest of these conditions, access to and use of this service, as well as the information and content that form part of it, published by the USER are their sole responsibility, releasing and holding Hellotickets and/or the Sellers harmless from all liability for such acts.
Any USER may notify Hellotickets of the existence of a problem with a review by sending a notification via email to: contact@hellotickets.com.
If the complaint is deemed relevant, Hellotickets reserves the right to remove a review whenever (i) it does not comply with these General Terms and Conditions, and (ii) the review includes offensive, defamatory, racist, illegal content or content that does not comply with applicable law.
15. CLIENT cancellation. USER and Seller account cancellation. Termination
The CLIENT may, at any time and voluntarily, unsubscribe from the Portal by sending an email to: contact@hellotickets.com
Hellotickets will deactivate the USER’s account and send the USER an email confirming the closure of their account.
Additionally, Hellotickets may suspend or cancel USER accounts or stop providing all or part of the services associated with them at any time, provided the USER has breached any of their obligations or the provisions of these General Terms and Conditions. In this case, Hellotickets, in accordance with applicable regulations, will notify the USER in writing at their contact email, with the legally applicable notice period. In such cases, this agreement with the USER will be terminated, except for those provisions that by their nature must continue to apply after such termination and without prejudice to Hellotickets’ right to claim, internally and/or administratively and judicially, anything that may correspond to it.
If a Seller account is suspended or cancelled, Hellotickets will notify the Seller before or at the time this restriction is applied, stating the reasons. If the decision is to terminate the Seller’s user account, the reasoned decision will be notified at least thirty (30) days in advance and on a durable medium, without prejudice to the Seller’s right to complain in accordance with applicable regulations.
16. Personal data protection
Your privacy is key to us. Therefore, all CLIENTS must read and accept our Privacy Policy to understand how Hellotickets protects, collects and uses their personal information.
In accordance with REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC, and Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights, all personal data provided during the use of the App will be processed in accordance with our Privacy Policy, which USERS must read and, where appropriate, accept and/or consent to.
17. Customer Service and complaints management
We have a USER Service available at contact@hellotickets.com, which you can contact at any time.
USERS have at their disposal the aforementioned Service through which Hellotickets will address queries, complaints and suggestions raised by them, as well as any claim related to the use or operation of the Portal and for Services marketed directly by Hellotickets.
Hellotickets will respond to complaints or queries as soon as possible and, in any case, within a maximum period of 1 month regarding Services marketed directly by Hellotickets.
If the USER believes any of their rights has been violated, Hellotickets proposes they communicate this through the channels provided for this purpose and undertakes to respond to and address their concerns regarding the alleged infringement of rights.
Upon receiving all information, Hellotickets may take necessary measures to investigate and resolve the situation. In no case will the implementation of any measure imply admission of any liability by Hellotickets. Hellotickets reserves the right to exercise any right, action or defense available to it.
In case of a dispute or claim related to Sellers’ Services, the CLIENT should, if deemed appropriate, open an incident indicating the reason for the claim and detailing its content so that the Seller can properly address it. The Seller will respond to claims and will be solely and personally responsible for resolving any claim filed by a CLIENT. The Seller undertakes, in good faith, to do everything necessary to meet its obligations by providing the CLIENT with a quality service, in accordance with the levels established in these General Terms and Conditions. If after fifteen (15) working days from the CLIENT’S opening of the incident no solution has been provided by the Seller to the CLIENT regarding their dispute or claim, Hellotickets, in good faith, may, at its own discretion, initiate a mediation channel between the CLIENT and the Seller to try to help the parties reach an amicable solution beneficial to both, without any liability, even of result, for Hellotickets. This mediation channel is completely voluntary for CLIENTS and Sellers. Since mediation is not mandatory, both the USER and the Seller may choose not to participate or withdraw from the mediation process at any time, as well as resort to the courts of justice and other competent administrations and exercise any rights granted by law.
18. General provisions
Hellotickets may, at any time and in accordance with applicable regulations, modify and update these General Terms and Conditions, in particular to improve user experience, incorporate new features in the client’s interest and adapt to legislative or regulatory changes. Any modification of these General Terms and Conditions will be notified clearly and comprehensibly, and in advance, to USERS. The modification will not entail any additional cost for the USER. Likewise, USERS who do not agree with the proposed changes may, at no cost, terminate this contractual relationship and unsubscribe from the Portal.
Hellotickets, the Seller or the event organizer may communicate with you by email at the address you provided when registering or purchasing a Service.
19. Warranties and liabilities
The CLIENT and Hellotickets declare that they know and comply at all times with all applicable legislation.
The Portal is provided “as is,” without any warranty, express or implied.
Sellers will be solely responsible for any commercial and legal warranties applicable to the marketing of their Services.
Each USER, when using the Portal, undertakes not to disturb public order and to comply with applicable laws and regulations, respect third-party rights and the provisions of these General Terms and Conditions, as well as any other policies that apply. To this end, the parties undertake (i) to behave loyally and lawfully towards the other party, (ii) to use the Portal according to its purpose as described in these General Terms and Conditions, (iii) to respect the privacy of third parties and the confidentiality of data and information exchanges, (iv) to respect Hellotickets’ intellectual and industrial property rights relating to Portal elements and those of USERS, (v) not to interfere with the automated data processing systems implemented on the Portal, particularly through practices such as scraping, and (vi) not to disseminate any message or information that may discredit anyone, be contrary to public order, morals and good customs, be offensive, defamatory, racist, xenophobic, revisionist or infringe honor, privacy or reputation of others, incite discrimination or hatred against a person or group of persons based on their origin or membership or non-membership of a particular ethnic group, nation, race or religion, or be of a pedophile nature.
If a court or competent authority determines that any clause of these General Terms and Conditions is null or unenforceable or does not comply with the law, Hellotickets will modify that clause only to the extent necessary for it to be valid and enforceable. Such modification will not affect the validity or enforceability of the remaining clauses.
20. Applicable law and dispute resolution
These General Terms and Conditions shall be governed by Spanish law.
In the event of a dispute regarding the interpretation, execution or termination of these General Terms and Conditions, and without prejudice to the USER’s right to seek assistance from courts of justice and other competent authorities at any time, the parties will attempt, without obligation, to resolve it amicably. If no agreement is reached, an optional mediation procedure may be offered and voluntarily accepted, conducted loyally and in good faith with the aim of reaching an amicable agreement when any conflict related to these General Terms and Conditions or contract arises, including its validity.
The party wishing to initiate the mediation process must inform the other party in advance by certified letter with acknowledgment of receipt, indicating the elements of the dispute. Since mediation is not mandatory, the consumer USER or Hellotickets may choose not to participate or withdraw from the mediation process at any time. If mediation fails or is not considered, the dispute may be referred to the competent court or tribunal.
In any case, in compliance with our duty to inform, we point out that, regarding online dispute resolution in consumer matters, pursuant to Article 14.1 of Regulation (EU) 524/2013, the European Commission makes an online dispute resolution platform available at:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
You can also access the online dispute resolution platform managed by the European Commission at
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES
Likewise, in accordance with Law 7/2017 on alternative dispute resolution in consumer matters, please note that the list of accredited entities is available at the following links:
https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2
In case of dispute or controversy related to the application or interpretation of these General Terms and Conditions, the Parties shall submit to the Spanish courts and tribunals that are territorially competent in accordance with current legislation.