1. INTRODUCTION
“SOMBRAS ITINERANTES UNIPESSOAL LDA" is a Portugal-registered company with Company Number CS030922020 rep, operating the festival "Afro Nation Portugal" where tickets, addons, and hospitality services (hereafter referred to as "Product and Services") may be purchased.
The following Booking Conditions set forth the terms and conditions governing the purchase of Tickets and Hospitality from us. Please read them carefully, as they establish all rights and obligations.
2. DEFINITIONS
"Ticket(s)": Refers to primary festival tickets directly allocated by us and offered for sale.
"Product and Services": Includes festival tickets, addons (e.g., merchandise), and hospitality tables.
"You" and "Your": Refer to the first person named on the booking and all individuals on whose behalf the booking is made.
"Us", "We", and "Our" shall pertain to Sombras Itinerantes Unipessoal Lda, our employees, and our associated business partners.
These Booking Conditions set out the terms applicable to purchases of Tickets and Hospitality from us. If you are purchasing or wish to purchase from us, please see https://www.afronation.com/
3. 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
A booking is considered made with us upon your payment (either in full or the first payment plan installment). By making a booking with us, "You" the lead booker agrees that:
He/she has read and has the authority to be bound by these Booking Conditions.
A booking fee of 14% applies to all Product and Services advertised and sold on our website. .
He/she accepts that a booking fee will apply to all Product and Services advertised and sold on our website.
He/she accepts financial responsibility for payment of the booking in its entirety.
He/she consents to our use of personal data in accordance with our Privacy Policy and is authorised to disclose personal details of all individuals on the booking, including special categories of data (e.g., health conditions, disabilities, dietary requirements) where applicable.
He/she is over 18 years of age and where placing an order for Products and Services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase them.
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.
He/she consents to the use of his/her likeness in any film, photography, audio, and/or audiovisual recording without compensation, to be exploited in any media for any purpose worldwide. This includes filming by the police or security staff for customer security or crime prevention. An objection to such use must be made in writing to hello@afronation.com. Valid credit or debit card issued in the lead booker's name is required.
We reserve the right to make changes to the booking conditions, and any updates will be posted on our website. We recommend checking them regularly to stay informed about the current terms.
All purchases are subject to the applicable version of these Booking Conditions published at the time of purchase. If you do not agree with any revised version of these Booking Conditions, or cannot comply with it, you agree not to purchase them.
4. PRODUCT AND SERVICES
We offer various types of tickets, which will be clearly defined at the time of purchase through Afro Nation. Additionally, addons and hospitality tables may be sold at separate and additional prices.
By making a purchase, you agree that all Product and Services are non-refundable and non-exchangeable.
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.
Special Note: We do not sell packages, travel, or flights; therefore, no refunds will be granted for issues related to the performance or booking of flights and other travel arrangements associated with attending our festival.
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.
5. CHARGEBACKS
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.
If you have defaulted on a payment plan, attempt to amend it, 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.
6. 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 hello@afronation.com
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 hello@afronation.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.
Complimentary tickets hold a zero-face value, and no cash alternative is offered. Which means should the event be cancelled or there be any complaint, it is exempt from any refund request
7. ACCESSIBLE TICKETS
By purchasing an accessible ticket, you explicitly agree to abide by the terms and conditions set forth in this document.
Upon acquiring an accessible ticket, you gain access to our accessible facilities at Afro Nation within your chosen ticket tier.
Effective 25.01.2024, Afro Nation now requires all customers in need of accessibility accommodations to successfully apply for the Access Card Scheme before purchasing an accessible ticket. Access Card holders displaying the +1 symbol are entitled to receive a complimentary companion ticket, allowing their companion to accompany them in their chosen ticket area. The companion is required to stay with the ticket holder throughout the duration of the event and is fully responsible for them. It is important to note that the availability of the free companion ticket may vary based on the specific event or venue.
Our Accessible Viewing Platform is exclusively reserved for individuals in wheelchairs and their companions, in addition to customers with mobility issues. Any customer seeking a wristband for the Accessible Viewing Platform must contact hello@afronation.com. Afro Nation Portugal acknowledges the potential for fraudulent activities and has implemented measures to safeguard the integrity of this policy. Customers are not required to submit proof of eligibility documents to us directly. Instead, they only need to successfully apply for the Access Card Scheme and receive a valid Access Card ID.
Afro Nation is committed to ensuring a smooth and enjoyable experience for all festival attendees, particularly those requiring accessibility accommodations.
If special assistance is required, please reach out to us at hello@afronation.com
8. HOSPITALITY
Platinum & Diamond packages
Booking a table does not automatically grant access to the festival grounds. Our General Admission, VIP, or Golden festival ticket must be purchased in addition to the hospitality package. All table bookings are non-refundable, and therefore, no refund requests can be accommodated.
The lead booker and all members in their group must be present during the wristband collection process. We cannot give wristbands to those not present.
By purchasing a table, customers agree not to claim a refund or request a reduction in the price of the hospitality table. Customers are also aware of this policy and agree not to submit any chargebacks, as stated in clause 5 ('CHARGEBACKS').
Table bookings do not guarantee entry; intoxicated guests may be refused entry, and management reserves the right to refuse admission. All guests must be over 18 years old and must present a valid passport or driving license as ID. Table reservations must arrive before 7 pm.
Presidential Packages
Presidential packages guests will be issued with a festival day access wristband that grants them access to their table and the festival exclusively for the correlating day of booking. These wristbands will become invalid on days not correlating to the day of booking and access to the festival will be denied during these days. If a Presential package has been purchased for multiple days of the festival, guests will receive a separate wristband for each day.
If you have purchased a GENERAL ADMISSION ticket, booking a hospitality table grants access to the GOLDEN and VIP areas for the selected day only. Access to these areas on other days requires separate hospitality table bookings.
Customers who have already purchased a VIP or Golden ticket are not entitled to refunds on festival tickets or reductions in price for hospitality tables.
The lead booker and all members in their group must be present during the wristband collection process. We cannot give wristbands to those not present.
By purchasing a table, customers agree not to claim a refund or request a reduction in the price of the hospitality table. Customers are also aware of this policy and agree not to submit any chargebacks, as stated in clause 5 ('CHARGEBACKS').
Table bookings do not guarantee entry; intoxicated guests may be refused entry, and management reserves the right to refuse admission. All guests must be over 18 years old and must present a valid passport or driving license as ID. Table reservations must arrive before 7 pm.
9. CASHLESS TERMS AND CONDITIONS
Payment Method:
The festival utilizes a Cashless system for all transactions operated by Idasfest.
Upon using the Cashless system, you implicitly accept the terms and conditions.
A Cashless wristband will be provided at the festival check-in upon ticket validation.
To activate the Cashless wristband, a fee of 2.5€ will be charged on the first top-up.
Please note that the festival organizers are not responsible for any loss or damage to your Cashless wristband.
Each Cashless wristband is identified by a unique QR code and a unique corresponding ID printed on the back of the chip (8 alphanumeric characters).
You can track your cashless transactions or top-up online during the event by scanning the unique QR code on your wristband.
Wristband Credit Pre-Purchase:
Pre-purchase wristband credit vouchers to enjoy exclusive benefits and discounts. Free credits are only available on pre-purchase. Paid credits must be used before free credits are activated. Free credits are non-refundable. Credits are non-transferable.
Each wristband credit package purchased in advance determines the advantages of additional credits and tokens you receive.
Wristband Credit packages can only be purchased online and in advance. Packages with free credits and special offers have limited availability.
Remember to download your wristband credit package QR code from your email, if applicable, while in the queue. The downloaded QR codes should be presented at the wristband collection point to apply the associated credits to your wristband.
Top-Up Process:
You can top up your Cashless wristband at any designated Top-Up point within the festival venue or at the top-up station located within the wristband exchange area.
Alternatively, and after you receive your wristband you can top up online by just scanning the unique QR code in your cashless wristband
Accepted payment methods for top-ups include cash, debit cards, and credit cards (VISA, VISA Electron, MasterCard).
The minimum top-up amount is €5, and the maximum is €300 for onsite top-ups.
Please note that top-ups must be made in multiples of 5€.
Requesting a VAT Invoice:
When you use our cashless payment system, you have a simple way to check your transactions and download invoices. Scan the QR code on the wristband with your phone and this gets you into an online wallet profile, where every purchase has its own invoice. Initially, these invoices are issued as final consumer receipts.
If you need to add your VAT number (NIF) to an invoice, press the edit button in each invoice line so you can easily update your information to include your NIF.
This setup is designed to make it easy for you to manage your transactions and invoices, whether for personal or business needs.
Refunds and Unused Credits:
You have the right to request a refund for any unused credits on your Cashless wristband after the event. Refund requests can be made from 16:00 on the 1st of July and 23:59 on the 5th of July as mentioned on the festival's official website. During this period, you can access your online wallet by scanning the QR code on your wristband. A button will appear that directs you to the refund request form.
Please note, any refund requests received after the specified date and time will not be issued.
You must have a minimum of 10€ available left in your balance in order to be eligible to apply for a refund. A bank processing fee of 1.5€ will apply for each refund processed, which will be deducted from the remaining credit on your wristband.
Please be aware that if you pre-purchased wristband credits vouchers but did not attend the event, an activation fee and refund fee may still apply. All refunds are processed once the refund request period closes and can take up to 5 business days to reflect in your account, depending on your place of residence and bank account type.
10. FESTIVAL TIMINGS AND ADMISSIONS
Advertised festival start times are subject to change. Door opening and closing times do not indicate 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 the artist lineup and/or the festival's program without obligation to refund or exchange tickets. Such changes will be deemed minor/immaterial changes.
Security searches may be conducted on patrons, and admission may be refused to individuals breaching or suspected of breaching these Booking Conditions.
Trading or promotional activities within the site require our prior written consent. Goods using unauthorized logos must be surrendered to festival staff.
Admission to the festival is subject to the terms of admission of the relevant venue. Certain items (e.g., laser pens, mobile phones, dogs - except guide dogs - and patrons' own food and drink) may be prohibited. Unauthorized use of photographic and/or recording equipment is also prohibited, and such material may be destroyed or deleted. The use of drones or similar equipment near the festival venue is strictly prohibited.
Patrons must not enter the site if they believe they may have been infected with Covid-19 or are displaying symptoms of Covid-19.
We or the venue reserve the right to refuse admission or remove any person from the venue for reasons of public safety, unacceptable behavior likely to cause damage, nuisance, or injury, or for any breach of Booking Conditions. No reimbursement or refund will be provided in such cases.
Unless expressly authorized, pass-outs or re-admissions of any kind are not allowed.
By attending our festival, you agree to be photographed, filmed, and/or recorded for safety and security purposes, including filming by the police. Resulting photographs, videos, audio recordings, and/or audio-visual recordings may be used in any media worldwide.
Prolonged exposure to loud music or noise may damage hearing, so adequate ear protection is advised. Special effects, including sound, audio-visual, pyrotechnic, or lighting effects, may not be suitable for individuals with photosensitive epilepsy or similar conditions.
Ticket holders should anticipate queues at the entry gate and arrive in time for the first act they
wish to see; no refunds will be provided for missed acts.
11. EVENTS BEYOND OUR CONTROL
We will not be liable or provide compensation for our contractual obligations affected by Events Beyond Our Control, which are events beyond our or our supplier's control, and the consequences of which could not have been avoided even with reasonable measures. Examples include, but are not limited to, warfare, acts of terrorism or threat thereof, civil strife, significant risks to human safety and health (e.g., serious disease outbreaks, epidemics, pandemics, including the ongoing effects of Covid-19), natural disasters (e.g., floods, earthquakes, or weather conditions making travel unsafe), acts of any government or authority, industrial disputes, labor strikes, lock closure, natural or nuclear disasters, fire, chemical or biological disasters, unavoidable technical problems with transport, and all similar events beyond our or the supplier(s) concerned's control.
In the event that the festival is called off early due to circumstances beyond our control, we hereby assert that we shall not be held liable for any losses, damages, or compensation arising from such situations.
It is your responsibility to ensure you can enter the country where the festival is held. If you purchase a ticket and are denied entry into the Portugal due to restrictions imposed by the country's officials, this is considered an event beyond our control, and no refund will be granted.
Special Note: No refund or exchange of tickets will be issued if elements outside of our control affect your ability to attend the festival, including but not limited to travel restrictions from your country of origin or where the festival is held in the Portugal, quarantine, and vaccination requirements, etc.
12. CANCELLATIONS
Cancellation by Us:
In the unfortunate event that we must cancel a festival, we are committed to providing written confirmation of the cancellation. Additionally, we will communicate the details of our refund timeline and process to all affected parties.
Regrettably, we cannot assume liability for any expenses or losses you may incur due to the festival's cancellation.
It is essential to note that any fees associated with amendments or bookings, whether previously paid or agreed upon, are strictly non-refundable under any circumstances.
Cancellation by You:
If you fail to meet your payment plan obligations in a timely manner, despite three diligent attempts by us to process the payment, we reserve the right to cancel your booking. In this scenario, you shall not be entitled to request a refund. Furthermore, if you choose to cancel your payment plan voluntarily, you hereby agree to forfeit any and all funds already paid towards the plan, as these payments are non-refundable. We wish to emphasize that our products and services are offered on a non-refundable basis, and as such, we cannot accept refund requests from our customers.
13. TRANSFERRING A TICKET
Transfer or name changes are not permitted under normal circumstances. If a circumstance arises where transfers are permitted, by agreeing to the booking conditions, you acknowledge that all booking transfers are final. Once a booking has been transferred, you understand and accept that you are no longer the lead booker and hereby waive any right to reclaim the booking.
14. POSTPONEMENT
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.
15. 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.
16.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.
17. 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.
By making a purchase with us, you agree to contact us at hello@afronation.com for queries or complaints regarding your purchase or event experience prior to filing a dispute with your bank.
If you have any complaints that arise during the event and the problem cannot be resolved by the staff available at the time, and you wish to complain further, you must send formal written notice of your complaint to us at: [hello@afronation.com] within 28 days of the end of the event, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect our ability to investigate your complaint, and will affect your rights under this contract.
18. LAW AND JURISDICTION
These Booking Conditions shall be governed by and construed in accordance with Portuguese Law, and both you and we agree to submit to the non-exclusive jurisdiction of Portuguese courts in relation to any dispute arising from or connected to 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 the legality, validity, or enforceability of any other provision in that jurisdiction.
If any provision of these Booking Conditions is found invalid or unenforceable by a competent court, that provision shall be omitted from these Booking Conditions, and the other provisions shall remain in full force and operate separately.
Our delay or failure to enforce any provision of these Booking Conditions does not constitute a waiver of our right to do so.