General terms and conditions of sale

These General Conditions of Sale govern the purchase of tickets made by users, for non-professional purposes, through the CIRCO DE LOS HORRORES website and the official channels enabled for ticket sales, information, customer service and the management of associated services.

Access to, browsing of and use of the website, and the making of any purchase, imply knowledge and acceptance of these General Conditions of Sale, as well as of the Privacy Policy, the Cookies Policy and, where applicable, any particular conditions that may apply to specific events, promotions, services, experiences or ticket types.

1. Identification of the owner

The website www.circodeloshorrores.com, hereinafter CIRCO DE LOS HORRORES, is owned by:

LA POÉTICA DEL HORROR, A.I.E.
CIF [Spanish Tax ID No.]: V88154760
Registered office: Paseo de las Doce Estrellas, 4, Planta 4, Módulo A, 28042 Madrid
Registro Mercantil de Madrid [Madrid Commercial Registry]
Telephone: +34 91 629 40 82
General email address: info@circodeloshorrores.com
Box office customer service email address: taquilla@circodeloshorrores.com
Data protection email address: datosclientes@circodeloshorrores.com

2. Definitions

For the purposes of these General Conditions of Sale, the following definitions shall apply:

General Conditions: the present contractual conditions governing the purchase of tickets, the provision of associated services and the relationship between the client and CIRCO DE LOS HORRORES.

CIRCO DE LOS HORRORES: trade name under which the shows, tickets, experiences, services and activities offered through the website and official channels are marketed.

Client: user who accesses the website or the official channels of CIRCO DE LOS HORRORES and purchases the tickets, services, experiences or products offered.

Ticket: title, receipt, code, electronic document, QR code, booking reference or any other medium that allows access to the contracted show or event.

Services: services offered by CIRCO DE LOS HORRORES to the client, including the sale of tickets, information about shows, the management of bookings, customer service, assistance associated with events, promotions, experiences and other services linked to the activity of CIRCO DE LOS HORRORES.

Official channels: the CIRCO DE LOS HORRORES website, the official ticket sales platform, the enabled email addresses, the WhatsApp channel, official telephone numbers and any other channel expressly authorised by CIRCO DE LOS HORRORES.

3. Scope of application

These General Conditions apply to the purchase of tickets and, where applicable, to the use of the information, customer service, assistance, operational communications, user registration, promotions and other services offered by CIRCO DE LOS HORRORES.

Before making a purchase, the client must carefully read these General Conditions, the Privacy Policy and any particular conditions applicable to the contracted event, ticket, promotion or service.

Through the website and the enabled official channels, users may purchase tickets in advance for the events organised, produced, marketed or managed by CIRCO DE LOS HORRORES.

The advance ticket sales service is provided, as a general rule, 24 hours a day, 365 days a year, without prejudice to technical interruptions, maintenance tasks, third-party unavailability or organisational decisions that may temporarily or permanently affect ticket sales.

CIRCO DE LOS HORRORES may suspend, limit or modify at any time, temporarily or permanently, the advance sale of all or part of the tickets for its events for technical, organisational, commercial, security, availability, force majeure or any other justified reasons.

4. Requirements for contracting

Contracting is intended for end clients acting for non-professional purposes and for their own consumption or that of the persons on whose behalf they are legally authorised to act.

The client declares that they have sufficient capacity to contract and make the purchase. In particular, they declare that they are over 16 years of age or, where applicable, have the authorisation of their legal representative.

Excluded from ordinary contracting through the website are wholesalers, agencies, distributors, resellers, professional intermediaries or third parties who purchase tickets for the purpose of resale, except with the express written authorisation of CIRCO DE LOS HORRORES.

To complete the purchase process, the client must provide the data requested as mandatory, including a valid email address and, where applicable, a contact telephone number when necessary for the management of the purchase, customer service, operational communications or associated services.

The client shall be responsible for ensuring that the data provided is accurate, truthful and up to date. CIRCO DE LOS HORRORES shall not be liable for damages arising from errors in the data provided by the client, especially in the email address or telephone number indicated to receive confirmations, tickets, notices or communications related to the purchase.

5. Purchase process

The client may purchase tickets through the website and the enabled official channels, following the steps indicated during the purchase process.

The purchase process may include, among other steps, the selection of the show, date, session, seat, ticket type, number of tickets, additional services, identification and contact data, acceptance of the applicable conditions and payment of the corresponding amount.

Before finalising the purchase, the client may review the order summary, check the data entered and correct any errors.

The purchase shall be formalised once the payment process has been correctly completed and the transaction confirmed by the corresponding platform.

The purchase of tickets implies acceptance of these General Conditions of Sale, the Privacy Policy and the particular conditions that, where applicable, apply to the event, promotion, service, seat, experience or ticket type purchased.

6. Price and method of payment

The price of the tickets and services shall be that indicated at any given time during the purchase process, including, where applicable, taxes, management fees, service charges or other applicable items.

The products and services may be paid for through the electronic payment methods available on the website or on the official sales platform.

The client shall bear, where applicable, the expenses, fees or costs that their bank, payment provider or selected means of payment may apply for carrying out the transaction.

CIRCO DE LOS HORRORES may offer reduced rates, discounts, promotions or promotional codes subject to specific conditions. When the client uses a discount, promotion or special rate, CIRCO DE LOS HORRORES may request the necessary supporting documentation to verify that the client meets the applicable requirements.

All purchases must be paid for immediately. CIRCO DE LOS HORRORES reserves the right to refuse, cancel or annul an order when there are indications of fraud, improper use of promotional codes, manifest error, breach of the applicable conditions, unauthorised resale or any other circumstance that reasonably justifies the annulment of the transaction.

7. Purchase confirmation and delivery of tickets

Unless expressly stated otherwise, the delivery of tickets shall be carried out electronically by sending a purchase confirmation, ticket receipt, booking reference, QR code, download link or equivalent document to the email address provided by the client during the purchase process.

The client shall be responsible for the validity, accuracy, security and correct functioning of the email address provided to receive the purchase confirmation and the tickets.

The client must keep the purchase confirmation email, the tickets, receipts, booking references and any other documentation associated with the transaction.

If the client does not receive the purchase confirmation or the tickets after correctly completing the payment process, they must contact CIRCO DE LOS HORRORES through the email address taquilla@circodeloshorrores.com or through the enabled customer service channels.

The purchase confirmation may contain an access receipt, a ticket in PDF format, a QR code, a booking reference or a link to the ticket. The presentation of the printed ticket or the ticket displayed on a mobile device shall allow access to the show, provided that it is valid, legible, has not been previously used and complies with the applicable conditions.

Each ticket, receipt, QR code, booking reference or reservation code is unique. It may not be modified, copied, manipulated, duplicated, reused or transmitted fraudulently.

CIRCO DE LOS HORRORES shall not be liable for the loss, deterioration, copying, improper use, theft or unauthorised access to the tickets when this is attributable to the client or to third parties unrelated to CIRCO DE LOS HORRORES.

8. Access to the show and use of tickets

To access the show, the client must present a valid, legible ticket purchased through official channels.

CIRCO DE LOS HORRORES only guarantees the authenticity and validity of tickets purchased through its official channels or through expressly authorised channels.

Tickets purchased through unofficial channels, unauthorised platforms, prohibited resale, unrecognised intermediaries or any other means not expressly authorised by CIRCO DE LOS HORRORES shall not be valid.

CIRCO DE LOS HORRORES prohibits the unauthorised resale of tickets. The use of resold tickets or tickets purchased through unofficial channels may result in denial of access to the venue, with no right to a refund, without prejudice to any legal action that may be applicable.

Access to the venue may be subject to safety, capacity, age, punctuality, ticket control, prohibited-items control rules and other instructions established by CIRCO DE LOS HORRORES, the venue, the event organisation or the competent authorities.

The client must comply with the access, stay, safety and conduct rules of the venue. CIRCO DE LOS HORRORES may deny access to or expel from the venue any person who breaches said rules, disturbs the order, endangers the safety of persons or property, uses fraudulent tickets or acts contrary to contractual good faith.

9. Changes, duplicates, refunds and cancellations

In accordance with the regulations applicable to the sale of tickets for public shows, recreational activities and services related to leisure activities scheduled for a specific date or performance period, the right of withdrawal under the ordinary terms provided for other distance contracts shall not apply.

Once the tickets have been purchased, no changes, refunds or cancellations shall be admitted, except in the cases expressly provided for in these General Conditions, in the applicable particular conditions, in the current regulations or in the change or cancellation services that, where applicable, have been contracted by the client.

Where a specific cancellation or change service exists, the client may exercise it under the terms, deadlines and conditions indicated at the time of contracting. If said service allows cancellation or change up to 24 hours before the event, the client must request it within that period through taquilla@circodeloshorrores.com or through the channel enabled for that purpose.

CIRCO DE LOS HORRORES may, for technical, artistic, organisational, audiovisual, production, safety, capacity or force majeure reasons, relocate seats already sold and replace them with others of equal or higher category. In the event that it is not possible to offer a reasonable alternative, the corresponding amount may be refunded.

The suspension before the start of the performance or the substantial modification of the show shall be an admissible ground for refunding the price of the seats, under the terms provided for by the applicable regulations and by the conditions of the event.

Unless expressly indicated otherwise, the following shall not be considered a substantial modification: the change of artists, cast, performers, non-essential stage elements, ancillary schedules, promotional content or any variation that does not substantially alter the nature of the contracted show.

Where a refund is applicable, it may be made through the same means of payment used by the client or another equivalent, legally admissible system. Where applicable, the client may be offered the alternative of vouchers, credit notes, date changes or other solutions, always within the limits permitted by the applicable regulations.

Unless there is a legal obligation to the contrary, management fees, service charges, commissions or costs associated with the transaction shall not be refundable when said items have actually been provided or accrued.

No right to a refund shall arise when the suspension, interruption or modification occurs once the show has begun due to force majeure, safety reasons, emergency, public order, instruction of the competent authorities or any other cause not attributable to CIRCO DE LOS HORRORES.

CIRCO DE LOS HORRORES reserves the right, for technical, artistic, organisational, production, safety or force majeure reasons, to alter dates, schedules, programmes, performers, locations, seat distribution or elements of the planned production, provided that this is reasonable and does not essentially affect the client's rights in accordance with the applicable regulations.

10. Customer service

CIRCO DE LOS HORRORES makes available to clients various service channels to resolve questions, incidents, queries, complaints, claims, problems related to the purchase of tickets, permitted modifications, contracted services, access to the venue or any other matter linked to the contracted experience.

The service channels may include email, web forms, telephone, WhatsApp or other means enabled at any given time.

The box office customer service email address is taquilla@circodeloshorrores.com.

The email address for queries related to data protection is datosclientes@circodeloshorrores.com.

CIRCO DE LOS HORRORES may expand, modify or replace the customer service channels for technical, organisational or service-improvement reasons.

11. Use of WhatsApp as a customer service channel

CIRCO DE LOS HORRORES may use WhatsApp as an additional customer service channel to answer queries, manage incidents, process complaints or claims, resolve frequently asked questions, provide operational information related to attendance at the event and provide assistance to the client before, during or after the show.

The WhatsApp channel may be used, among other cases, for pilot programmes of personalised service for clients who have purchased certain ticket types, experiences, services or special packages, including VIP buyers, when necessary or advisable to correctly provide the assistance associated with the contracted event.

When the client provides their mobile telephone number, starts a conversation via WhatsApp or agrees to be assisted through that channel, CIRCO DE LOS HORRORES may use WhatsApp to manage the specific request, the contractual or pre-contractual relationship and the communications necessary for the correct provision of the service.

The client must use the WhatsApp channel in an appropriate, lawful and proportionate manner, refraining from sending unnecessary data, specially protected data, complete bank details, complete identity documents, health data or any other information that is not necessary for the management of their query, incident or request.

CIRCO DE LOS HORRORES may retain the content of communications held via WhatsApp for as long as necessary to manage the request, incident, complaint or claim and, subsequently, for the periods necessary to address possible legal liabilities, in accordance with the provisions of the Privacy Policy.

12. Commercial communications

CIRCO DE LOS HORRORES may send commercial, promotional or informative communications related to its shows, tours, promotions, pre-sales, news, campaigns, experiences, benefits associated with contracted tickets or services and other own products or services similar to those contracted or requested by the client.

These communications may be sent by email, SMS, telephone, WhatsApp or other equivalent electronic channels, provided that there is a valid legal basis and the rights of the user are respected.

When the sending of commercial communications is based on the client's consent, said consent must have been given by means of an affirmative, free, specific, informed and unambiguous action.

Where a prior contractual relationship exists with the client, CIRCO DE LOS HORRORES may send commercial communications about its own products or services similar to those initially contracted, in accordance with the provisions of article 21.2 of Ley 34/2002, de servicios de la sociedad de la información y de comercio electrónico [Spanish Law 34/2002 on information society services and electronic commerce, LSSI-CE], provided that the data has been obtained lawfully and the client is offered a simple and free means of objecting to the sending of said communications.

13. Commercial communications via WhatsApp

CIRCO DE LOS HORRORES may use WhatsApp for sending newsletter-type commercial communications about shows, tours, promotions, news, pre-sales, campaigns, benefits, experiences and its own services related to its activity, provided that the client has validly authorised the receipt of said communications through this channel or another applicable legal basis exists in accordance with current regulations.

The use of WhatsApp as a commercial channel may involve the processing of the client's mobile telephone number, identification data, purchase data, commercial preferences, channel registration date, history of communications sent, message delivery status, client responses and unsubscribe requests.

The client may unsubscribe from the commercial communications received via WhatsApp at any time by replying with the word BAJA [UNSUBSCRIBE] to any of the messages received through that channel. The unsubscription shall be processed immediately or within the shortest technically possible period.

The client may also request to unsubscribe from commercial communications by sending an email to datosclientes@circodeloshorrores.com.

Unsubscribing from commercial communications via WhatsApp shall not affect the communications strictly necessary to manage a purchase, provide a contracted service, handle an incident, respond to a claim or comply with legal obligations.

14. Processing of personal data

The personal data provided by the client during the purchase process, through forms, by email, via WhatsApp, by telephone or through any other enabled channel shall be processed by LA POÉTICA DEL HORROR, A.I.E., as data controller, in order to manage the purchase of tickets, provide the contracted services, attend to queries, resolve incidents, manage complaints and claims, comply with legal obligations and, where applicable, send commercial communications.

The data processed may include identification data, contact data, data relating to the purchase of tickets, contracted event, date, seat, ticket category, experience purchased, payment data necessary for the transaction, content of communications held with the client and any other data necessary for the corresponding purpose.

The processing of personal data shall be carried out in accordance with Reglamento (UE) 2016/679, General de Protección de Datos [EU General Data Protection Regulation, RGPD/GDPR], Ley Orgánica 3/2018, de Protección de Datos Personales y garantía de los derechos digitales [Spanish Organic Law 3/2018 on the protection of personal data and the safeguarding of digital rights, LOPDGDD], Ley 34/2002, de servicios de la sociedad de la información y de comercio electrónico [Spanish Law 34/2002 on information society services and electronic commerce, LSSI-CE], and other applicable regulations.

The client may consult complete information on the processing of their personal data in the Privacy Policy published on the website.

15. Suppliers and data processors linked to WhatsApp

For the management of the WhatsApp channel, CIRCO DE LOS HORRORES may allow access to personal data to technology suppliers involved in the provision of the service.

In particular, SuperX GmbH, based in Berlin, Germany, supplier of the Superchat platform, may be involved, acting as data processor for the centralised management of conversations, contacts, subscriptions, unsubscriptions, replies, automations, customer service and communications carried out through WhatsApp and other enabled channels.

Likewise, the use of WhatsApp requires the involvement of WhatsApp Ireland Limited and/or Meta Platforms Ireland Limited, as the entities providing the WhatsApp Business Platform infrastructure, to the extent necessary to route, deliver and manage the communications carried out through that channel.

WhatsApp Ireland Limited and/or Meta Platforms Ireland Limited may act, depending on the specific processing, the configuration of the service and the applicable contractual conditions, as technology suppliers, processors or sub-processors with respect to certain operations necessary for the provision of the service, and as independent controllers with respect to those processing activities they carry out for the WhatsApp platform's own purposes or those of its services.

The use of WhatsApp as a communication channel implies that the client uses a platform owned by third parties, also subject to their own terms, conditions and privacy policies with respect to those processing activities that said entities carry out as independent controllers.

16. Disclosure of data to group companies and other suppliers

The client's personal data may be processed or disclosed to companies linked to CIRCO DE LOS HORRORES when necessary to manage the purchase of tickets, charges, payment gateways, provision of the contracted service, customer service, organisation of the event or compliance with legal obligations.

These entities include:

Productores de Sonrisas, S.L., with CIF B85536308.

Sonrisas y Saltos, S.L., with CIF B13639133.

PDS y Amigos, A.I.E., with CIF V88151949.

Serrín en las Venas, A.I.E., with CIF V16747362.

Haciendo Malabares, A.I.E., with CIF V10643625.

Detrás de Backstage, A.I.E., with CIF V22764708.

Súbete al Alambre, A.I.E., with CIF V10619427.

La Vida es un Circo, S.L., with CIF B87831590.

Navidades y Sonrisas, S.L., with CIF B13639216.

Sonrisas y Adrenalina, S.L., with CIF B56309750.

Rara Suma y Sigue Espectáculos, S.L., with CIF B86384203.

The company managing the ticket purchase platform may be Vivaticket Ibérica, S.L., with CIF B84092196, to the extent necessary to process the acquisition of tickets and associated services.

Likewise, other suppliers that provide services necessary for the correct execution of the contractual relationship may have access to personal data, such as sales platforms, payment gateways, technology suppliers, hosting services, customer service tools, messaging services, legal, tax or accounting advisers and other providers necessary for the management of the contracted event or service.

When said suppliers process personal data on behalf of LA POÉTICA DEL HORROR, A.I.E., they shall act as data processors and must offer sufficient guarantees of compliance with the applicable regulations, formalising the corresponding data processing agreement in accordance with article 28 of the RGPD [GDPR].

Personal data may also be disclosed to administrative authorities, public bodies, the Spanish State Law Enforcement Agencies (Fuerzas y Cuerpos de Seguridad), courts and tribunals when there is a legal obligation, a valid request or where necessary for the defence of legitimate rights and interests.

17. Rights regarding data protection

The client may exercise, under the terms provided for in the applicable regulations, the rights of access, rectification, erasure, objection, restriction of processing, portability and withdrawal of consent.

These rights may be exercised by means of a communication addressed to LA POÉTICA DEL HORROR, A.I.E., at the registered office indicated in these General Conditions, or by email sent to datosclientes@circodeloshorrores.com.

In accordance with article 12.6 of the RGPD [GDPR], additional identity verification shall only be required when there are reasonable doubts about the identity of the person making the request. A copy of the DNI [Spanish national identity document] shall not be requested systematically.

The client may prove their identity using, among other means, the registered email address, digital certificate, electronic DNI, Cl@ve [Spanish electronic identification system] or a copy of the identity document with the unnecessary data concealed, keeping visible only the data strictly necessary to verify their identity.

The client may lodge a complaint with the Agencia Española de Protección de Datos [Spanish Data Protection Agency] if they consider that the processing of their personal data does not comply with the applicable regulations.

18. Obligations of the client

The client undertakes to use the website, the official channels, the tickets and the contracted services in a lawful, diligent, appropriate manner and in accordance with good faith.

In particular, the client undertakes to:

Provide truthful, accurate and up-to-date data.

Not use third-party data without sufficient authorisation.

Not make fraudulent, automated, speculative purchases or purchases intended for unauthorised resale.

Not manipulate, copy, alter, duplicate or reuse tickets, QR codes, booking references or access receipts.

Not use the customer service channels for abusive, unlawful, offensive, fraudulent purposes or purposes unrelated to the contractual relationship.

Not send, via WhatsApp, email or other channels, unnecessary data, especially sensitive data, complete bank details, complete identity documents or third-party information unrelated to the request.

Comply with the access, safety and stay rules of the venue.

Failure to comply with these obligations may result in the annulment of tickets, denial of access, expulsion from the venue, suspension of services or the exercise of any applicable legal action.

19. Liability

CIRCO DE LOS HORRORES shall not be liable for damages, losses, incidents or losses arising from errors in the data provided by the client, improper use of tickets, loss of emails, unauthorised access to the client's devices, acquisition of tickets through unofficial channels, unauthorised resale, breach of these General Conditions or actions of third parties unrelated to CIRCO DE LOS HORRORES.

CIRCO DE LOS HORRORES shall not be liable for interruptions, unavailability, technical errors, connectivity failures, incidents of payment platforms, messaging services, technology suppliers, WhatsApp, email, telecommunications operators or any other third-party service when said incidents are not directly attributable to CIRCO DE LOS HORRORES.

The foregoing shall be understood without prejudice to the rights that may correspond to the client in accordance with the applicable regulations on consumers and users, public shows, electronic commerce and other current legislation.

20. Modification of the conditions

CIRCO DE LOS HORRORES may modify these General Conditions of Sale when necessary to adapt them to regulatory, technical, organisational, contractual, commercial changes or changes relating to the services offered.

The version published on the website shall be the one applicable at any given time. However, purchases already made shall be governed by the conditions in force at the time the purchase was formalised, unless an applicable rule provides otherwise or the modification is more favourable to the client.

21. Applicable legislation and jurisdiction

These General Conditions of Sale shall be governed by Spanish law.

For the resolution of any dispute that may arise from access to or use of the website, the contracting of tickets, the provision of services or the interpretation of these General Conditions, the parties submit to the courts and tribunals that are competent in accordance with the applicable regulations.

In the event of any question, suggestion, incident or comment, the client may contact CIRCO DE LOS HORRORES by email at info@circodeloshorrores.com or through the enabled customer service channels.