FACUA files complaints against events for denying food and drink entrance.

The association urges administrations to establish controls over events that are hosted under their jurisdiction and to initiate disciplinary procedures against those who engage in this practice.

An organization called FACUA-Consumers in Action has filed a number of complaints against the organizers of music festivals across Spain, alleging that they have prevented attendees from bringing in food and drink from other countries.

The association has already lodged complaints against the promoters of the O Son do Camiño festival in Santiago de Compostela, which it ultimately resolved. Additionally, the association has lodged complaints against the promoters of the Pirata Beach Festival in Gandía, Interstelar in Seville, Icónica Fest in Seville, Antílopez concert in Seville, and the Boombastic festival, which has already been held in Rivas-Vaciamadrid and Gran Canaria, and will soon be held in Llanera, Fuengiero, and Alicante. It also reported that there were over twenty festivals that were participating in this practice in the year 2022.

FACUA mentions that participants have the right to bring in food and drinks from outside. This is due to the fact that the primary purpose of these events is not to provide hospitality, but rather to celebrate musical shows. As a result, this restriction on access to the venue is not required for the successful completion of their activity.

As a result, the Federal organization of Consumer Utility Administrators (FACUA) encourages users who are aware of these practices to tell the organization so that it can examine the filing of the corresponding complaint with the consumer authorities. In the same vein, it specifies that customers have the ability to claim the economic losses they endure as a result of the additional cost they are had to bear while purchasing food on the premises. As a result, it is recommended that customers preserve receipts for all of their consumption.

The organization urges the competent administrations at the regional and local levels to establish controls over the events that are hosted within their jurisdiction and to initiate disciplinary processes against those who engage in this harmful activity.

In addition, it emphasizes that the fines that are issued must be appropriate to the capacity of the events. This is done to ensure that it does not become more advantageous for them to pay the penalty that corresponds to the capacity of the events than the gain that they obtain by requiring attendees to purchase meals within the venue.

Article 82 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, which states that “abusive clauses will be considered “all those stipulations not individually negotiated and all those practices not expressly consented to that, contrary to the requirements of good faith, cause, to the detriment of the consumer and user, a significant imbalance in the rights and obligations of the parties arising from the contract.” .

As stated in Section 8 of the aforementioned standard, “the protection of their legitimate economic and social interests are basic rights of consumers and users; in particular against unfair commercial practices and the inclusion of abusive clauses in contracts.” This provision was included in order to ensure that consumers and users have the most fundamental rights possible.

In addition, the then Spanish Agency for Consumer Affairs, Food Safety and Nutrition (Aecosan) – now, the Spanish Agency for Food Safety and Nutrition (Aesan) – published a report in 2016 related to this same issue, on that occasion with the ban on cinemas, in which it concluded that there was a “abusive clause” since the consumer “is unjustifiably deprived of the main service, having paid the entrance fee, based on a unilaterally imposed limitation with respect to an accessory service that has not been requested, and taking into account that the basic activity of the company is not the sale and distribution of food and beverages . ”

Once more, the FACUA-Consumers in Action group has published a reminder of your rights when confronted with the most prevalent abusive activities of festival promoters. This is despite the fact that they have been confronted with a bombardment of complaints and cases against festival organizers all throughout Spain.

During this time of year, there are a great deal of cultural and recreational events that take place. Every year, there is an increase in the number of music appointments that are widely distributed over the nation. They add that it is vital for you to be aware of your rights and the protection measures that are available to you in order for you to be able to participate in these activities without any incidents and to be able to identify instances of abuse.

In the first place, festival organizers are not allowed to prevent guests from bringing in food or beverages from outside the venue. It is the intention of certain businesses to restrict the entry of food and beverages, much as they would if they were bars or restaurants. On the other hand, this inappropriate use of the right to entrance is in violation of the laws that govern public entertainment. If you find yourself in this predicament, you have the option of filing a claim; however, before you do so, you must first request and maintain the receipts for the food that you purchase inside, and then you must demand a refund.

A second violation of the legislation is the fact that the premises do not provide access to drinking water that is not packaged in any special container. Instead, promoters are obligated to provide alternatives to the sale of beverages that are packed in single-use containers and ensure that consumers have access to drinking water that is not packaged. When a deposit is required for reusable cups, the establishment must also devise a system that allows for the return of the deposit after the container has been returned.

Third, the cancellation of performances entails compensation: In the event that one of the artists decides to withdraw from the festival, attendees have the right to request a refund of the amount of the tickets as well as compensation for the economic damages that have been incurred, such as the costs of transportation or lodging. It is also possible for them to request that the company return a portion of the cost of attending the event if they are still interested in doing so.

In the fourth place, the promoter is obligated to return the value of the tickets, and spectators have the right to file a claim for damages in the event that the festival is canceled or new dates are announced. This could be due to the fact that the promoter did not get the permissions from the competent administration or for any other reason.

It is necessary to change the time period that the promoter allows for the request of a refund of the amount of tickets or vouchers that have not been used to conform to the requirements that are established by the regional authorities. Because there is no special law that specifies these conditions, the amount of time that is used is the one that is defined by the Civil Code for breaches of contract and damages that are generated from them: five years.

Changes to the venue of the event also result in the possibility of receiving a refund. You are entitled to a refund of the entrance price in the event that the event is relocated to a different location and, as a consequence of this change, the event is no longer appealing to the individual who registered for it.

The sixth requirement is that the festival or event must accept cash payments and cannot require cashless wristbands as the exclusive means of payment. Despite the fact that the legislation does not mandate that businesses accept payments made using debit or credit cards, it does prohibit them from refusing to accept cash payments. Therefore, it is a practice that is against the law to require attendees to make purchases in the festival venues solely through the use of a cashless bracelet that must be purchased in advance and loaded with money.

The seventh point is that the person who is organizing the event is not allowed to charge the customer in order to retrieve the money from the cashless wristbands. If it is against the law to require payment with cashless bracelets, then it is also against the law to demand a minimum on the card balance, to charge a commission for recovering the money that is left over from them, or to establish a limited term for requesting a refund.

In the eighth place, it is against the law to demand re-access charges. When it comes to permitting spectators to leave and return to the event, the promoter is not allowed to collect an additional fee. As long as it is uniform for all participants and does not depend on the payment of a concept that is added to the ticket price, you are only able to restrict re-access if there are security grounds to do so.

FACUA has high hopes that the information that is being provided as a public service would be of assistance to individuals in the process of defending their recognized rights in the face of any abuse that may occur throughout the process of developing these events.

During the celebration of these holidays, the association is vigilant in its monitoring of consumer rights and vigilant in its reporting of any violations that may occur. During the process of filing claims linked to the abuses done by the promoters of these concerts, FACUA is accessible to provide advice to members who have been harmed.

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