Particular conditions of the service of the platform via which experiences are sold between hosts and guests
These conditions regulate the service provided by this platform, called Football Host, offered on the website https://www.footballhost.com/es/ by the company Somethings Burning S.L. (hereinafter, “Somethings Burning”), of Spanish nationality, with Spanish tax identification code (CIF) B6719236 and included in the Barcelona Company Register at T 46354 , F 105, S 8, H B 517391, I/A 1, located at Calle Travessera de Dalt, 37 - ESC P 5 PTA. 2 in the city of Barcelona with telephone number +34 685 230 12 and email firstname.lastname@example.org.
Somethings Burning, through this website, provides users with a platform via which they can acquire ‘experiences’ related to sporting, artistic or cultural events, offered by the ‘hosts’ (persons who organise the experience). These experiences may include tickets to the event or not. Both parties, the host and ‘guest’ (client who makes use of the acquired experience), are users of this platform. Between the company that owns this platform, Somethings Burning, and the users, an intermediary agreement is generated, and the former does not intervene in the relationships maintained between the hosts and the guests. Somethings Burning does not own or possess any ticket, coupon or voucher offered as an experience on the platform. The user and Somethings Burning are independent parties, without there being any relationship of agency, partnership, joint venture, employment or franchise, hence Somethings Burning is totally non-liable for any administrative authorisations that the guest and host might need in order to conduct their operation, and in particular, the VAT system that, due to their corresponding tax structure, could affect the sale, the transferor or the purchaser.
By accepting these conditions, Somethings Burning is exempted from any liability regarding the transactions, other than those imposed by law and derived from the intermediary service. The users agree to provide accurate and truthful information in their experiences. In particular, the host guarantees that it has sufficient capacity and authorisation to be able to transfer the tickets offered within the experience.
In order for Somethings Burning to provide the service, it is mandatory for the user to register for the website. Registration implies acceptance of each and every one of these conditions.
The user, by accepting these conditions, certifies that he/she complies with all national and international laws of any kind as applicable to the use of the site (web) and to the treatment of the price and product. In order to register as a user, the interested party must be of legal age and have full legal capacity to act. In order to register, the user must provide the following information:
The user may also register via their Facebook account, and has the option of disabling the connection to their Facebook account at any time.
- Name and surname(s)
- Email address
- Contact telephone number
- Password to log in
- ID photo or avatar
1.2 Username and password
Once the registration process is completed, the platform will send a confirmation email to the email address provided by the user to confirm their registration. The password can be modified by the user at any time. In the event that the user forgets the password, he/she may retrieve it via the email provided.
Once registered, the user will be responsible for safeguard and security of their username and password, assuming all obligations derived from the operations and transactions carried out with his/her username and password.
1.3 Liability for the information and images provided by the user to the platform
The user is responsible for providing authentic, accurate and truthful information at the time of registration and afterwards. The user declares and certifies that the information provided to Somethings Burning does not contravene any national and/or international regulations. The user also declares that the information provided does not contain any viruses or software designed to damage, disrupt, intercept or seize any personal data.
The user is responsible for keeping all the information contained in his/her account up to date and for modifying it in the event of any changes. In any case, the user is the sole party responsible for any false or inaccurate statements made and for damages and losses of any kind caused to or by third parties due to said information.
The user, by accepting the present conditions, gives his/her consent for the platform to publish or use both the personal data and images that might be provided for commercial use and for these to be published on the company’s website and social networks, in film recordings and photographs for commercial dissemination and photographs for magazines or publications related to our sector. In this regard, the user acknowledges having received the express consent of each and every one of the persons that appear in the photographs published in their profile to promote the experiences and to their images being be used for commercial purposes on the platform.
In this regard, the user also guarantees that the photographs that he/she publishes do not breach any intellectual property laws.
1.4 Account closure.
Somethings Burning reserves the right of admission to and exclusion from its platform. Any user may be excluded from the platform if he/she uses the services in an inappropriate manner and without respect for the due spirit set forth in these conditions. The closure of the user’s account will be reported to the email address provided on registration. In the aforesaid case, before the account is closed, the user must conclude all experiences committed to or pending, whether as a host or guest. In any case, Somethings Burning reserves the right to cancel the accounts of any users as it deems necessary, and to immediately cancel any experiences that have yet to occur.
2. Conditions for users who wish to act as a host.
2.1 Publication of an experience
In order to publish an experience on the platform, the host must fill in the form with the details of the experience, such as
- Date and time of the experience
- Meeting place with the client
- Maximum number of people who can enjoy the experience
- Content of the experience
- Meeting place with the Host
- If the experience contains tickets to the sporting event, if it contains details about it
- Price, Somethings Burning’s commission for the intermediation service shall be subtracted from this amount
- Method and terms of payment
The conditions of the experience may be modified until they are acquired by a guest, at which time they shall be definitively fixed. Somethings Burning will make sure that the offers comply with current legislation and this website’s conditions of use.
2.2 Stolen goods
Somethings Burning expressly prohibits the sale of stolen products. Somethings Burning shall support and collaborate with the authorities for the recovery of stolen goods and tracking the location of those responsible for selling them.
2.3 Publication of the experience.
By publishing the experience, the host formalises a mediated assignment with Somethings Burning and thus the rendering of its services and the accrual of the fees come into effect. In any case, the host agrees to accept and complete the transaction under the terms set forth herein. By providing the mediated service, the user authorises Somethings Burning to publish and display the said experience on any website owned by the latter and on other websites or platforms used by Something Burning for the sale of the experiences.
Publication of the experience implies that the seller, i.e. the host, agrees to accept and complete the transaction under the terms set forth therein.
2.4 Term of published experiences.
In general, the validity of experiences related to an event shall be conditioned by the date when that event takes place. Should the event included in the experience be cancelled, the offer shall immediately be withdrawn from the platform. However, if the event is merely postponed, the offer shall be updated with the new date. In either case, any guest who has acquired an experience that is cancelled or postponed should contact the host directly to specify the terms of the cancellation or modification of the experience.
2.5 Price of intermediation services.
Mediation services rendered by Somethings Burning through this platform shall be paid by the guest buyer and shall consist of a commission of 20% of the amount that the host intends to receive for the experience. The cost of the aforesaid mediation services shall be charged by Somethings Burning at the time of acceptance of and payment for the experience by the guest. Therefore, the guest shall pay at the same time both the total or partial price of the experience and the price of the mediation services provided by Somethings Burning.
2.6 Price of the experience
The published offer shall jointly state the sum of the amount requested by the seller in exchange for the experience, the commission for the mediation service accrued by Somethings Burning, and any other previously specified expense. When the experience is added to the cart, taxes corresponding to the mediation commission shall be added. The price requested by the seller shall be that party’s sole and exclusive responsibility, and Somethings Burning shall have no part in the fixing thereof.
2.7 Free publication of the offer
Publication of an experience shall be free of charge for the host, which shall only pay the mediation commission if a guest should agree to purchase the experience.
2.8 Acceptance of the experience
The host shall receive at the email address provided in the offer itself, a message in which a guest reports his/her acceptance of the experience. Once this email has been sent, the host shall be bound by the offer, and may not modify it in any manner.
Somethings Burning shall not be liable for the conditions in which events are held, possible modifications to the venue, time or line-up, or any cancellations of the event.
2.9 Transfer of data for execution of the experience
By accepting these conditions, the selling user, or host, expressly agrees to Somethings Burning disclosing its personal data (name and surname(s), telephone number and email address) to the guest and to any required third parties in order to arrange the provision of the intermediation services for which this website serves.
The host agrees to take out a public liability policy covering any damages that may be caused to the guest or to third parties during the course of the experiences. The host exempts Something Burning from any liability for damages caused to the guest or third parties during the course of the experience.
3 Conditions for users who wish to act as a guest
3.1 Acceptance of an offer.
In order to accept any experience published on the platform, a guest must have registered for the website and accepted these conditions. Acceptance of an offer by a guest binds him/her to all conditions thereof. At the time of this acceptance, fees shall be generated for the mediation service provided by Somethings Burning. On acceptance of an offer, the purchaser expressly authorises Somethings Burning to charge payment for the full transaction including the commission and taxes derived from said purchase.
Somethings Burning shall not be held liable for the conditions in which events are held, possible modifications to the venue, time or line-up or cancellation of the event. Neither shall it be liable for non-fulfilment of the experience by the Host. Under no circumstances shall the fee paid for mediation services be reimbursed.
3.2 Confirmation of the purchase.
The guest will receive confirmation of the purchase of the tickets in a message sent to the email provided on registration. This message shall serve as proof of an agreed transaction between the Guest and the Host. In case of not receiving confirmation of the purchase of the experience, the Guest should contact Somethings Burning at email@example.com and request that the confirmation of acquisition of the experience be re-sent.
3.3 Delivery of tickets
In the event that the experience contains tickets, the host shall proceed by delivering the same when they meet in the agreed location at the experience itself.
The purchasing user, or guest, by accepting these conditions, expressly consents to Somethings Burning disclosing his/her personal data (name and surname(s), telephone number and email address) to third parties in order to provide the intermediation services for which the present website serves.
The Service that is the purpose of these Conditions shall be governed by Spanish legislation on Consumer and User Protection and other Complementary Laws related to remote purchase. Pursuant to article 103 of the aforesaid law, there shall be no right of withdrawal regarding the provision of services once these have been agreed upon, i.e. once the intermediation service has ended.
By accepting these conditions, the user acknowledges that he/she is aware that once the contract has been fully executed by Somethings Burning, he/she will have lost his/her right of withdrawal.
Once the experience is over, the Guest may write a review on the Host’s profile to report their opinion about the experience. The guest will refrain from making offensive, sexually explicit statements that incite hatred, and shall be absolutely forbidden from making use of hurtful or insulting expressions against people or groups, Somethings Burning reserving the right to delete any comment that breaches this principle.
By accepting these conditions, the user accepts that Somethings Burning is not liable in any way for inaccuracy or obligations to pay taxes to any entity on its behalf.
The user agrees to indemnify and exempt Somethings Burning, as well as any member of its staff, from any damages or losses that may be caused as an outcome of claims from Public Administration or any third party, as a result of any breach of any national and/or international regulations.
The platform shall not be liable for the accuracy of the experiences offered by the Host, or for damages of any nature incurred by the guest or third parties during the course of the experience, it being the responsibility of the host to take out public liability insurance as cover against such damages.
4. Conditions for use of the website
Browsing, as well as mere access to the Platform and/or mere use of the services offered on it, imply full and unreserved acceptance of each of the conditions included in these Conditions of Use.
Somethings Burning reserves the right to unilaterally modify, at any time and without prior notice, the clauses of these Conditions of Use, as well as the configuration and, in general, any other content or service on the Platform. Any use of the services and/or mere access to the Platform, shall suppose acceptance of any changes made. Therefore, Somethings Burning advises users to regularly consult this document, as well as any subsequent modifications.
Likewise, the use of the Platform shall be subject to all legal notices, conditions, policies or instructions made known to the User through the Platform and which complete, modify and/or replace these Conditions of Use.
4.2. Use of the Platform
Unless stipulated otherwise, the use of the Platform shall be free, notwithstanding the cost of connection via the corresponding telecommunications network via which the User gains access. The User is aware and voluntarily and expressly accepts that he/she is using the Platform under all circumstances at his/her sole and exclusive responsibility. The User agrees to use the Platform, as well as its services and contents, without contravening current legislation, good faith, generally accepted uses and public order. The Platform may not be used for illicit purposes or those that are harmful to Somethings Burning or any third party.
Likewise, and without this implying any restriction regarding the previous obligations, when using the Platform, the User agrees to:
a) Provide truthful data, information and/or documentation, and to keep it up to date. Somethings Burning reserves the right, notwithstanding other legal measures at its disposal, to withdraw, deny or suspend access to the Platform should any supplied data be false, inaccurate or misleading.
b) Not to enter, store or disseminate on or from the Platform, any information or material that is defamatory, libellous, obscene, threatening, xenophobic, inciting of violence or discrimination based on race, sex, ideology, religion or any other that is an affront to morality, public order, fundamental rights, public liberties, honour, privacy or the image of third parties and in general all current regulations.
c) Not to enter, store or disseminate on or from the Platform, any program, data, virus, code, or any other electronic or physical element that is likely to cause damage to the Platform, the service, or any of the equipment, systems or networks belonging to Somethings Burning, to any other User, to Somethings Burning’s suppliers or in general to any third party.
d) Not to carry out advertising or commercial activities via the Platform, and not to use the contents and information thereof to send advertising, or send messages for any other commercial purpose, or to collect or store personal data of third parties.
e) Not to use false identities, or to impersonate the identity of others when using the Platform or Service, including all possible use of passwords belonging to any third parties or in any other way;
f) Not to destroy, alter, disable or damage the data, information, programs or electronic documents belonging to Somethings Burning, its suppliers or third parties;
g) Not to enter, store or disseminate on or from the Platform any content that infringes industrial and/or intellectual property rights or third party trade secrets, or in general any content for which this party does not hold, in accordance with the law, the right to disclose it to a third party; and
h) Not to damage the image, interests and/or rights of Somethings Burning and/or third parties.
4.3. Intellectual and industrial property
All industrial and intellectual property rights, services offered on the Platform, as well as all the elements that are contained thereof (images, trademarks, graphic designs, source code, design, browsing structure, databases, and any other content that appears on the Platform) are the exclusive property of Somethings Burning or, where appropriate, are duly licensed or authorised by the owner.
The names of other products, services and companies that appear on the Platform may be trademarks or other identity symbols registered by their respective and legitimate owners, and it shall not assumed that access to or use of the Platform grants the User any right to the aforesaid trademarks and other registered identity symbols.
All the information and contents on the Platform are protected by copyright, and intellectual property thereof belongs to Somethings Burning or, where appropriate, its use and treatment has been duly authorised by the owner, and no rights to their use may be considered to have been transferred to the User beyond what is strictly necessary for the correct use of the Platform.
In the described context, by means of these Conditions of Use:
(i) No industrial or intellectual property rights are granted with regard to the services offered in the Platform, nor to the Platform, nor to any of its component elements, and the User is expressly prohibited from any reproduction, transformation, distribution, public communication, provision, extraction, reuse, forwarding or utilisation of any nature, by any means or procedure, except in cases that are legally permitted or authorised expressly and in writing by Somethings Burning and/or the holder of the corresponding rights; and
(ii) The User is only authorised to view and obtain a temporary private copy of the contents for his/her exclusive personal and private use on his/her own computer systems (software and hardware) without being subsequently transferred to third parties.
With the above exceptions, the User may not modify or reproduce, neither in part nor wholly, this information without the express written consent of Somethings Burning. For illustrative purposes, but not limited to the same:
(iii) The User is not authorised to use the information contained in the Platform to conduct activities of a commercial or professional nature (direct sales or for any other commercial purpose, as well as marketing of the information in any way).
(iv) The User is not authorised to delete, evade or manipulate the copyright and other data identifying the rights of Somethings Burning, as well as any protection mechanisms.
(v) The User is not authorised to disassemble, decompile or reverse the databases in which the information about the Platform, or the Platform itself, is stored.
Unauthorised use of the information contained in the Platform, its resale, as well as infringement of the industrial and intellectual property rights of Somethings Burning, shall give rise to any legally established liability claims.
4.4. Limitation of liability
The User assumes all responsibility arising from use of the Platform, are shall be the sole party responsible under all direct or indirect circumstances for all effects arising from said use, including for illustrative purposes but not limited to the same, any adverse financial, technical and/or legal outcome, as well as failure to meet the expectations generated by this Platform, the User agreeing to hold Somethings Burning exempt from any claims from third parties derived, directly or indirectly, from such circumstances.
Somethings Burning reserves the right to interrupt access to the Platform, as well as the provision of the Service offered through it at any time and without prior notice, whether for technical, security, control or maintenance reasons, power cuts or for any other reason. Consequently, Somethings Burning does not guarantee the reliability, availability or continuity of the Platform, nor of the contents that are offered therein, and access by the User to the Platform and its contents is at his/her own account and risk.
Somethings Burning shall not be held liable for damages that might arise from interferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections regarding the operations of this electronic system or regarding the users’ computers and equipment, if this is not attributable to Somethings Burning, that prevent or delay access to or browsing of the Platform, or delays or blockages of use caused by slow or overloaded Internet and other electronic systems, or the impossibility of providing the Service or allowing access to the Platform for causes not attributable to Somethings Burning, due to the User, to third parties, or to circumstances of force majeure.
In this regard, Somethings Burning is excluded to the fullest extent permitted by the law from any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the Platform, the services, the reliability of the Platform and services, or failures in access to the Platform.
In any case, Somethings Burning shall adopt all appropriate technical and organisational measures to guarantee an appropriate level of security with regard to such risks, in consideration of the state of the art, the costs of application and the nature, scope, context, as well as risks of variable probability and severity regarding the rights and freedoms of natural persons, pursuant to applicable regulations. Therefore, Somethings Burning is excluded to the fullest extent permitted by law from any liability for damages of any kind that may affect the rights and freedoms of Users.
Finally, Somethings Burning does not accept any liability for any use that the User makes of the content of the Platform that could suppose a breach of any national or international regulation of any kind, or of the rights of intellectual or industrial property or any other rights of third parties.
4.5. Link Policy
Somethings Burning does not guarantee or assume any type of liability for damages and losses caused by access to third party contents via possible connections or links to sites linked from the Platform. Any such links serve exclusively to inform Users about the existence of other sources of information or other contents and Internet services. Somethings Burning shall not be held liable under any circumstances for any outcomes resulting from such links or the consequences arising from access by users thereof. These third-party contents are provided by the same, hence Somethings Burning cannot control the legality of such content or the quality of the services offered therein.
4.6. Withdrawal and suspension of service
Somethings Burning may withdraw or suspend at any time and without prior notice the provision of the services offered via the Platform to those Users who fail to comply with the provisions set forth herein.
4.7. Duration and termination
The existence of the Platform, as well as the provision of the services offered therein, shall in principle be for an indefinite duration. However, Somethings Burning is entitled to terminate or suspend the provision of the aforesaid services and cancel the Platform at any time. Whenever reasonably possible, Somethings Burning shall forewarn Users about the termination or suspension of the Platform and, where appropriate, the services offered therein.
All notices and communications addressed to Somethings Burning (hereinafter, “Notifications”) should be sent to the following email address: firstname.lastname@example.org
Somethings Burning has developed the Platform at all times in accordance with the principles of good faith. However, should any third party consider that their intellectual and/or industrial property rights have been breached, they may report this by means of a communication addressed to the email address given above.
5.2 Applicable legislation and jurisdiction
The provision of the service offered by this website and these Conditions of Use are governed in each and every one of its extremes by common Spanish common and commercial law, as appropriate. The parties shall submit any disputes arising from compliance with and interpretation of these Conditions to the competent Courts and Tribunals pursuant to Article 90.2 of Royal Legislative Decree 1/2007 of November 16, which approves the revised text of the General Law for Defence of Consumers and Users and other complementary laws. Notwithstanding the foregoing, the parties shall do everything reasonably necessary to settle disputes in an amicable manner.
Last update: 15 July 2019