“Sombras Itinerantes Unipessoal Lda” is a company registered in Portugal and under Company Number CS030922020 rep
We operate a festival in Portugal called “Afronation Portugal”, where you may purchase tickets, addons and hospitality tables [ referenced as Product and Services in these booking conditions].
Setout below are the Booking Conditions, we ask that you read them carefully because they set out all rights and obligations.
The term “Ticket(s)” means primary festival tickets (i.e. tickets allocated to us directly by us and placed on sale, for sale by us).
The term ‘ Product and Services’ relates to festival tickets, addons [ e.g. merchandise] and hospitality tables]
References to “you” and “your” include the first named person on the booking and all persons on whose behalf the booking is made.
References to “we’ “us” and “our” means Sombras Itinerantes Unipessoal Lda and any third party suppliers and employees.
These Booking Conditions set out the terms applicable to purchases of Tickets and Hospitality Tables from us. If you are purchasing or wish to purchase from us please see https://www.afronation.com/
LEGALLY BINDING CONTRACT
Your contract starts once we have confirmed your order and ends immediately after completion of the festival for which you have purchased Product and Services(s).
A booking has been made with us when you make a payment [either in full or your first payment plan instalment]. By making a booking with us, the lead booker agrees that:
In order to make a purchase from us, you must be 18 years old. You must also have a valid credit or debit card issued in your name.
We reserve the right to make changes to the booking conditions, where this occurs we shall post the updated version on our website. We recommend you check them regularly to stay informed of the current terms .
All purchases are subject to the applicable version of these Booking Conditions that was published at the time of purchase. If you do not agree with any revised version of these Booking Conditions, or if you cannot comply with it, then you must not make a purchase.
PRODUCT AND SERVICES
We may sell different types of tickets which will be clearly defined at the time you make your purchase. In addition we may sell at a separate and additional price, addons and hospitality tables.
By making a purchase with us, you are agreeing that all product and services are non-refundable and cannot be exchanged.
Special Note: We are not selling packages, travel or flights, therefore no refunds will be permitted should you experience issues relating to the performance or booking of flights and other travel arrangements associated with you attending our festival.
PRICES, PAYMENT AND PLACING ORDERS
We endeavour to ensure that all the information and prices both on our website and in any advertising material that we publish are accurate, however, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the Product and Services that you wish to book before you make your booking.
We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices.
Some Tickets are "market-priced," and so prices may increase or decrease at any time, based on demand. This is similar to how airline tickets and hotel rooms are sold and is commonly referred to as "Dynamic Pricing". You will not be entitled to a refund or credit if:
(i) the price you paid for a Ticket was at any time before you purchased your Ticket less than the Price you paid; or
(ii) the Price of any other Tickets to the relevant festival (whether in the same price category or otherwise) is/are subsequently reduced after you purchase your Ticket.
All prices are displayed in the currency that they will be charged in, and we accept no responsibility or liability for additional charges you may be subject to by your credit or debit card provider, or any currency exchange rate fluctuations, which are entirely at your risk.
Should you not receive an order confirmation after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with us whether or not your order has been placed.
Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for any costs or losses you incur if you assume that an order was or was not placed because you failed to receive an order confirmation.
All purchases are subject to credit or debit card verification (if applicable), other security checks, and collection of payment by us. Your order may be cancelled if it has not passed our verification process or if payment is not received in full. In rare circumstances, if your payment is recalled by the associated bank or payment provider, we reserve the right to cancel and refund any order for which an order confirmation has been sent. We accept no responsibility or liability for such cancellations, as these are outside our control.
It is prohibited to obtain or attempt to obtain any Product and Services through unauthorised use of any robot, spider or other automated device or software, or through unauthorised framing or linking to any website, or through any other illegal or unauthorised activity. We reserve the right to cancel any orders that we reasonably suspect to have been made in breach of these Booking Conditions, without any notice to you, and any and all Product and Services obtained as part of such orders will be void.
To prevent fraud and protect us, we reserve the right to carry out checks and/or request that additional information be provided in order to verify purchases. We reserve the right to cancel any orders that we reasonably suspect to have been made fraudulently, without any notice to you, and any and all Product and Services obtained as part of such orders will be void.
Special note: changes and errors sometimes occur. You must check the price of your chosen Product and Services at the time of booking.
Unless such rights have arisen under section 75 of the Consumer Credit Act 1974, you agree not to issue any chargebacks or otherwise dispute transactions with your payment card issuer against us (“Chargeback”).
Your rights to refunds and other claims shall be governed solely by the terms of these Booking Conditions.
Your rights to refunds and other claims shall be governed solely by the terms of these Booking Conditions. If you have defaulted on a payment plan or cancelled your booking with us [ as detailed in clause 12], you will not be entitled to chargeback your credit or debit card and we will use this clause as evidence to defend any chargeback attempts.
VOUCHERS AND TICKETS
Vouchers or tickets will be dispatched as soon as reasonably possible and not before full balance has been paid by you. We are not able to specify the exact dates.
If you have not received your Vouchers or Tickets 5 days before the festival (or 5 days before you depart for the festival, if earlier) please make contact with us at firstname.lastname@example.org
You are responsible for providing a valid email address for e-delivery of the Tickets and ensuring that you are able to receive delivery of the Tickets by email (for example by ensuring that your email mailbox does not reject, bounce or otherwise prevent any relevant emails from being delivered, and by checking your email mailbox regularly (including junk or spam folders)).
We will not be liable for, and you will not be entitled to any refund where delivery is refused, returned, missed, unclaimed or fails as a result of your failure to provide correct and complete delivery information and/or failure to ensure you are available to receive delivery of Tickets (via email, as applicable).
We reserve the right to make Tickets available for collection by you at the venue box office or at another designated ticket collection point. We will notify you of the arrangements for collection if this becomes necessary. You may be required to provide your booking confirmation email and your photo ID to collect Tickets, as well as the credit or debit card used to make the order.
It is your responsibility to check your Tickets immediately once they have been delivered as mistakes cannot always be rectified. You should contact at email@example.com immediately if there is a mistake or error with your Tickets or if you do not receive your Tickets as ordered and/or as described in your order confirmation.
We may not be able to assist you if you do not inform us of any errors that are reasonably obvious from inspection of your Tickets within 5 days of receipt (and/or in good time prior to the festival date).
Any Ticket you purchase from us remains the property of us and is a personal revocable licence which may be withdrawn, and admission refused, at any time.
You acknowledge that lost, stolen, damaged or destroyed Tickets may not be able to be replaced and if we are able to issue replacement Tickets, we may charge you a reasonable administration fee.
Tickets purchases may be restricted to a maximum number per person (or business, as applicable), per credit or debit card and, a restriction may apply per household as well. We reserve the right to cancel any order(s) for Tickets purchased in excess of the relevant limits without notice.
You are not entitled to purchase any Tickets as a trader acting in the course of business with the intention of reselling your Tickets for profit unless formal written permission is given by us in advance. If we discover or have reason to suspect that you have purchased and intend to resell, or have sold Tickets in breach of this clause, we reserve the right to cancel your Tickets without notice.
Tickets purchased from us may not: (a) be used for advertising, promotions, contests or sweepstakes (or for other such similar commercial gain); and/or (b) be combined with any hospitality, travel or accommodation service and/or any other merchandise, product or service to create a package for sale or other distribution, unless formal written permission is given by us in advance and provided that even if such permission is granted, use of our trademarks and other intellectual property is subject to the express prior written consent.
FESTIVAL TIMINGS AND ADMISSIONS
Advertised start times of the festival is subject to change. Door opening and closing times stated in relation to the festival are not indicative of the festival’s start or end time (or when an artist is scheduled to play or the length of the artist’s performance), all of which remain at our and/or the artist’s discretion and may be subject to change.
We reserve the right to alter , change or vary the artist line-up and/or the programme of the festival and we will not be obliged to refund or exchange tickets. Any such change will be classed as a minor/immaterial change.
The festival or venue may conduct security searches of you and other patrons for safety and security purposes and/or may refuse admission to patrons (including you) breaching or suspected of breaching these Booking Conditions.
No trading or promotional activity is allowed within the site without our prior written consent. Goods using unauthorised logos must be surrendered to festival staff.
Admission to the festival is subject to the terms of admission of the relevant venue, and certain items (e.g. laser pens, mobile phones, dogs (except guide dogs) and patrons’ own food and drink) may be prohibited. The unauthorised use of photographic and/or recording equipment at festivals is also prohibited. Any unauthorised photos, videos and/or recordings may be destroyed or deleted. The use of drones or similar equipment for any reason in, at or near the festival venue is strictly prohibited.
You must not enter the site if you believe that you may have been infected with Covid-19 and/or you are displaying symptoms of Covid-19.
We or the Venue reserve the right to refuse admission to the venue, or to remove any person from the venue for reasons of public safety (including crowd surfing or moshing), any unacceptable behaviour likely to cause damage, nuisance or injury, or for any breach of Booking Conditions.
Unless expressly authorised there will be no pass-outs or re-admissions of any kind.
By attending our festival, you understand and agree to being photographed, filmed and/or recorded in relation to the festival and/or for safety and security, including filming by the police. You understand and agree that resulting photographs, videos, audio recordings and/or audio-visual recordings may be used in any and all media for any purpose at any time throughout the world
Prolonged exposure to loud music or noise may damage your hearing and we advise you and all patrons to wear adequate ear protection.
Special effects, which may include sound, audio-visual, pyrotechnic effects or lighting effects may be featured, which may not be suitable for those with photosensitive epilepsy, or similar conditions.
Ticket holders should expect queues at the entry Gate and arrive with plenty of time before the first act that they wish to see – no refunds will be given for acts missed.
EVENTS BEYOND OUR CONTROL
Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by Events Beyond Our Control. For the purpose of these Booking Conditions, this means any event beyond our, or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination, epidemics, pandemics (including the ongoing effects of Covid-19), or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including any port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events our or the supplier(s) concerned’s control.
For the avoidance of doubt, it is your responsibility to ensure that you are able to enter the country where the festival is held. If you purchase a ticket and you are denied entry into Portugal due to restrictions imposed by the officials of the country you are travelling from or to, this is considered an event beyond our control and you are not entitled a refund.
Special Note: No refund or exchange of ticket will be issued should any element outside of our control affect your ability to attend the festival [ including but not limited to travel restrictions of the country you are travelling from or where the festival is being held in Portugal, and/or quarantine and vaccination requirements being placed upon you]
10. TRANSFERRING A TICKET
Transfer or name changes are not permitted.
Your ticket will be subject to the laws and regulations that apply in the Jurisdiction that the festival is held in and not where the ticket is purchased. Any changes in law or regulations enacted by that jurisdiction take precedence. In the unlikely event that the festival cannot take place as arranged, it will automatically be postponed and you will be entitled to a ticket of the equivalent value for the rearranged festival.
We will provide alternative dates for the re-arranged festival as early as reasonably possible.
Should you be unable to attend the re-arranged festival, you must inform us in writing within 30 days of the announced date. If we receive your written notice, we will advise you of the options available to you [ e.g. transfer your of ticket and refund options]
Should you fail to provide us with written confirmation within 30 days-notice of the announcement of the re-arranged festival, you will have agreed to receive an alternative ticket.
Special Note: We cannot meet any expenses or losses that you may incur as a result of the postponement.
If We Cancel
If we cancel the festival we will confirm the cancellation in writing and advise you of our refund timescale and process.
We regret we cannot meet any expenses or losses that you may incur as a result of this cancellation.
Special Note: any amendment or booking fees you have paid or agreed to pay are not refundable in any circumstances.
If you Cancel
If you fail to pay your payment plan on time and within 3 attempts by us to take it, we will cancel your booking and no refund can be requested by you.
Our Product and Services are non-refundable and therefore no refund can be requested.
13. WARRANTIES AND INDEMNITIES
You represent and warrant that the information that you submit to us in relation your account and in your use of our Product and Services is true, accurate and complete and you will not use any false information, including contact information.
You represent and warrant that in using our website, you shall comply with all applicable laws and regulations, along with these Booking Conditions and any other applicable Booking Conditions.
You hereby indemnify and hold harmless us and our affiliates along with their respective officers, directors, employees and agents (the “Indemnified Parties”) against any losses, damages, expenses (including reasonable legal fees), liabilities, claims and/or demands suffered by any Indemnified Parties arising out of or in connection with your breach of these Booking Conditions or any other applicable Booking Conditions, breach of any applicable laws or regulations, or breach of any third party rights.
14.LIMITATION OF LIABILITY
To the maximum extent permitted by law, we (including our affiliates, parent undertakings, subsidiaries, and their respective officers, directors, employees, agents, legal representatives and sub-contractors) and our relevant Suppliers shall not be liable for any loss, injury or damage to any person (including you) or property howsoever caused (including by us and/or by our suppliers):
(a) in any circumstances where there is no breach of contract or a legal duty of care owed by us or our suppliers;
(b) in circumstances where such loss or damage is not directly as a result of any such breach (save for death or personal injury resulting from our negligence); or
(c) to the extent that any increase in any loss or damage results from your negligence or breach by you of any of the terms of these Booking Conditions and/or any other applicable Booking Conditions and/or any applicable laws or regulations.
We are not responsible for any internet connection errors experienced while using our Product and Services.
Nothing in these Booking Conditions seeks to exclude or limit our or any liability for death or personal injury caused by our or any of our suppliers negligence, fraud or other type of liability which cannot by law be excluded or limited.
15. QUERIES, COMPLAINTS AND DISPUTE RESOLUTION
If we need to contact you, we will use the contact details you provided at the time of making your ticket purchase. It is your responsibility to inform us immediately of any changes to your contact details, whether before or after receipt of Product and Services. In particular, please ensure that you provide us with a valid email address as this is our preferred method of contacting you. You should also be aware that your email mailbox settings may treat our emails as junk, so remember to check your junk and/or spam folders.
If you have any queries or complaints regarding your purchase, please contact us via email at firstname.lastname@example.org .
If any dispute arises, we shall use our best endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement satisfactory to you and us.
16. LAW AND JURISDICTION
These Booking Conditions shall be governed by and construed in all respects in accordance with Portuguese Law and both you and we agree to submit to the non-exclusive jurisdiction of the Portugal courts in relation to any dispute arising out of or in connection with these Booking Conditions.
If any provision of these Booking Conditions is or becomes illegal, invalid or unenforceable pursuant to the law of any applicable jurisdiction, this shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Booking Conditions.
If any provision of these Booking Conditions is found by a competent court to be invalid or unenforceable, that provision shall be deemed to be omitted from these Booking Conditions and this shall not prevent the other provisions from continuing to remain in full force and operate separately.
If we delay or fail to enforce any of the provisions of these Booking Conditions, it shall not mean that we have waived our right to do so.