Ban on entering with drinks, management fees… 320,000 euro fine for a music festival company for abusive practices

Ban on entering with drinks, management fees... 320,000 euro fine for a music festival company for abusive practices

The Ministry of Social Rights, Consumer Affairs and 2030 Agenda has fined a company that organizes music festivals in various autonomous communities of Spain 320,000 euros for introducing several abusive clauses that limit consumer rights. There were four serious infringements: prohibiting access to the venue with outside food and drink, as well as searching attendees; limiting the possibility of re-entering the venue to the public, who had to pay a fee; limiting the right to a refund of money to those who did not spend the entire amount recharged on the payment method established by the organization (usually cashless bracelets, which are an electronic payment device). And finally, an extra charge for management fees for the refund of money, as well as the non-refund of leftover amounts less than two euros, and the imposition of management fees on ticket sales, after verifying that the price increase was not related to the service finally provided.

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In addition to the financial fine, the sanction also requires the company to rectify and remove from its terms the clauses that have been considered abusive. The case was opened by Consumer Affairs after the association Facua-Consumers in Action filed a complaint.

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In the statement announcing the sanction, the ministry points out a series of recommendations to the public for purchasing tickets for this type of event: the price must be final and complete from the beginning of the ticket purchase, with all costs included; management fees can only be charged if they correspond to a real service; tap water in the venue must be guaranteed by the organization; the prohibition of bringing in outside food and drink may be considered abusive if consumption is allowed inside the venue through purchase. Likewise, ticket resale is not prohibited, but it must be verified that the promoter allows it; if the purchase is not made through an official channel, it is important to check that tickets are not nominative, that access is guaranteed, and that they are sold by promoters and not on events created by platforms.

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