Specific terms and conditions for organizers

This is a courtesy translation of the Spanish original. In case of any discrepancy, the Spanish version prevails.

These Specific Terms and Conditions for Organizers (hereinafter, the "Terms") govern the contractual relationship between CULPASS, S.L. (hereinafter, "CULPASS") and the natural or legal persons who use the platform www.culpass.com to create, manage, promote and sell tickets to events (hereinafter, the "Organizers"). These Terms supplement and are integrated with the General Terms and Conditions of Use of the CULPASS platform, which apply to all users of the website. In the event of conflict between the two documents, these Specific Terms shall prevail in everything relating to the contractual relationship with the Organizers. Use of the services for Organizers implies full and unreserved acceptance of all the terms set out herein. If the Organizer does not agree with these Terms, it must refrain from using the services.

In compliance with Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSICE), the following information is provided:

• Company name: CULPASS, S.L.
• NIF (tax identification number): B67902593
• Registered office: C/ Teresa Berganza, 76, 28200 San Lorenzo de El Escorial (Madrid)
• Email: sales@culpass.com
• Website: www.culpass.com

For the purposes of these Terms, the following terms shall have the meaning indicated:

• Organizer: natural or legal person who uses CULPASS's services to create, manage, promote and sell tickets to events. The Organizer may act as a business owner, professional, association, foundation or any other legally constituted entity.
• User: natural person who purchases tickets through the CULPASS platform to attend the events organized by the Organizers.
• Platform: the website www.culpass.com and all its functionalities, including the reserved area for Organizers, payment systems, event management and associated tools.
• Event: any occurrence, activity, show, course, conference, workshop or meeting that the Organizer creates and manages through the Platform, with access by paid or free ticket.
• Ticket: access title, physical or electronic, that entitles a User to attend a specific Event.
• Reserved Area: private space within the Platform that the Organizer accesses with personal credentials in order to create and manage its Events.
• Service Commission: percentage or fixed amount that CULPASS charges the Organizer for the use of the Platform and the provision of ticket management and sales services.

The purpose of these Terms is to regulate the conditions under which CULPASS makes available to the Organizer a technology platform that allows it to:

1. Create, edit, publish and manage Events autonomously.
2. Configure the Ticket sales system (price, quantity, types, discounts).
3. Process payments from Users securely through integrated payment gateways.
4. Access data of the Users who have purchased Tickets for its Events.
5. Generate reports, statistics and attendee lists.
6. Communicate with Ticket buyers through Platform tools.
7. Use Event marketing and promotion tools.

CULPASS acts as a technology intermediary between the Organizer and the Users, facilitating the creation, promotion and sale of Tickets. CULPASS is not the organizer of the Events and assumes no responsibility whatsoever for their content, development, quality or holding, which is the exclusive responsibility of the Organizer.

4.1. Requirements

To access the services for Organizers, it is necessary to:

1. Be over 18 years of age (natural persons) or be legally constituted and represented (legal entities).
2. Complete the registration form, providing truthful, accurate and up-to-date information.
3. Provide the required documentation: NIF/CIF (tax identification number), bank details, documentation proving the activity, and licences or administrative authorisations necessary for organizing events (where applicable).
4. Expressly accept these Specific Terms and Conditions for Organizers.
5. Accept CULPASS's Privacy Policy and Cookie Policy.

4.2. Verification and approval

CULPASS reserves the right to verify the information provided and to request additional documentation. Approval of the sign-up as an Organizer is not automatic and is subject to CULPASS's assessment, which may deny access without the need for justification, especially in the case of:

• False, incomplete or inaccurate data
• A history of previous breaches on the Platform
• Activities contrary to the law, morality or public order
• Events that may damage the image or reputation of CULPASS
• Lack of necessary administrative licences or authorisations

4.3. Access credentials

The Organizer is responsible for the safekeeping and confidential use of its access credentials (username and password). Any use of the Platform made with such credentials shall be presumed to have been made by the Organizer. The Organizer must immediately notify CULPASS of any unauthorized use of its account.

CULPASS makes the following functionalities available to the Organizer: Reserved Area: Private space to create, edit and manage Events autonomously. Ticket Management: Configuration of ticket types, prices, discounts, promotional codes, capacity control. Payment gateway: Integration with secure payment systems to process Users' transactions (credit/debit card, bank transfer, etc.). Promotion tools: Creation of optimized event pages, social media integration, email marketing (subject to additional contracting). Attendee management: Access to buyer lists, access control by QR codes, real-time check-in. Reports and statistics: Data on sales, revenue, sales trends, buyer profile. Technical support: Assistance by email, chat or telephone during business hours.

6.1. Service Commission

For the use of the Platform and the provision of the associated services, CULPASS may charge the Organizer a Service Commission, which may be structured according to one of the following pricing models, depending on the plan contracted by the Organizer:

1. Free Plan (no charge): Access to the Platform may be free of charge for the Organizer. In this case, CULPASS shall apply a commission of ten per cent (10%) on the price of each ticket sold through the Platform for paid events, excluding VAT and any payment processing fees that may apply.
2. Advanced Plan (subscription): The Organizer may contract a subscription plan called Advanced, at a cost of forty euros (40 €) per month, invoiced annually (480 € per year). Under this plan, CULPASS shall apply a reduced commission of five per cent (5%) on the price of each ticket sold through the Platform for paid events, excluding VAT.
3. Premium Plan (advanced subscription): CULPASS may offer higher-tier subscription plans, such as the Premium plan, at an indicative cost of one hundred euros (100 €) per month, invoiced annually (1,200 € per year), which shall include additional functionalities, priority support and customized economic conditions. In these cases, commissions on ticket sales may be reduced or negotiated individually depending on the volume of events, number of attendees or other commercial criteria agreed between the parties.
4. Mixed or customized model: CULPASS may offer the Organizer customized pricing models that combine a fixed subscription fee with a variable commission per ticket sale, when expressly agreed between the parties.

The pricing structure applicable at any given time shall be clearly communicated to the Organizer during the contracting process or in its private area within the Platform. CULPASS reserves the right to modify its rates or economic conditions, notifying the Organizer thirty (30) days in advance. If the Organizer does not accept the new conditions, it may terminate the contract before they enter into force. The amounts indicated do not include VAT. CULPASS shall invoice its services with VAT at the rate in force (currently 21%), which the Organizer may deduct in its quarterly tax returns.

6.2. Payment processing fees

In addition, the payment gateways integrated into the Platform may apply transaction fees. If so, CULPASS shall bear these amounts within the commission it charges the Organizer and shall not charge them separately.

6.3. Settlement and transfer of funds

The amount collected from the sale of Tickets (ticket price) shall initially be collected by CULPASS or by the integrated payment gateway. CULPASS shall act as the Organizer's collection agent. CULPASS shall transfer to the Organizer the corresponding net amount (total amount collected LESS the Service Commission) according to the following schedule:

• Future events: The transfer shall be made within a maximum of 15 calendar days following the holding of the Event.
• Recurring or long-duration events: Partial settlements shall be made every 30 calendar days.

Transfers shall be made to the bank account that the Organizer has designated in its Reserved Area. The Organizer is responsible for the accuracy of the bank details provided.

6.4. Withholding of funds

CULPASS reserves the right to temporarily withhold the funds due to the Organizer in the following cases:

• Well-founded suspicion of fraud, unlawful activity or breach of these Terms
• Claims by Users due to cancellation of an Event or breach by the Organizer
• Mass ticket refund procedures (chargebacks)
• Event cancelled without due notification to Users

In these cases, the funds shall be withheld until the incident is resolved, and may be used for refunds to affected Users or to compensate damages caused to CULPASS.

6.5. Chargebacks and forced refunds

6.5.1. Definition of chargeback

"Chargeback" or forced refund means the reversal of a previously processed payment initiated by the credit or debit cardholder through their bank, for reasons such as: dispute of the transaction, non-recognition of the charge, fraud, or any other cause provided for in the payment methods regulations.

6.5.2. Responsibility of the Organizer

The Organizer is ultimately responsible for the events it markets through the platform and, therefore, assumes responsibility towards Users for any incident related to such events. Accordingly:

1. Chargebacks for causes attributable to the Organizer: When CULPASS receives a chargeback notification initiated by a User in relation to tickets purchased for an Organizer's event, and said chargeback is a consequence of:
   • Cancellation of the event not adequately communicated
   • Event not held as announced
   • Failure to comply with the conditions offered
   • Fraud or deception by the Organizer
   • Any other cause attributable to the Organizer

   The Organizer shall be liable for the full amount of the chargeback, including:

   • The principal amount of the ticket
   • CULPASS's accrued commissions
   • The chargeback handling fees imposed by banks or payment gateways (typically between 15€ and 25€ per transaction)
   • Any other costs arising from the process
2. Chargebacks due to third-party fraud: When the chargeback is due to third-party fraud (use of a stolen card, identity theft, etc.) not attributable to the Organizer, and CULPASS has applied adequate security and verification measures, the risk shall be borne by CULPASS, unless it is proven that the Organizer facilitated the fraud or failed to cooperate in its prevention.

6.5.3. Chargeback management procedure

When CULPASS receives a chargeback notification:

1. CULPASS shall notify the Organizer within a maximum of 5 business days from receipt, indicating:
   • Details of the affected User (to the extent permitted by the bank)
   • Reason alleged for the chargeback
   • Total amount claimed
   • Deadline for submitting allegations or evidence (if applicable)
2. The Organizer shall have 10 business days to provide documentation or evidence enabling the chargeback to be disputed before the bank, if it considers that the User is not in the right.
3. If the chargeback is finally confirmed by the bank, or if the Organizer does not provide sufficient evidence within the deadline, CULPASS shall:
   • Deduct the amount of the chargeback (including fees) from the Organizer's pending settlements
   • If there are not sufficient pending settlements, withhold the amount from future settlements until the total is covered
   • If the Organizer has no future events or sufficient balance, require direct payment of the amount within 10 business days
4. Non-payment of the amount required shall entitle CULPASS to:
   • Preventively suspend the Organizer's account
   • Initiate the corresponding legal claim actions
   • Include the Organizer in debtor registers (ASNEF or others)
   • Terminate the contract for serious breach

6.5.4. Chargeback prevention

The Organizer undertakes to:

• Provide truthful, complete and up-to-date information about its events
• Communicate any substantial change to the event with sufficient notice
• Diligently handle Users' enquiries and complaints
• Properly cancel events that will not take place
• Cooperate with CULPASS in the management of any dispute
• Require additional guarantees (deposit, bank guarantee)
• Extend the fund retention period
• Preventively suspend the Organizer's account
• Terminate the contract

Repeated breach of these obligations, resulting in an abnormally high number of chargebacks, shall entitle CULPASS to adopt these measures.

6.5.5. Statistics and thresholds

CULPASS considers a number of chargebacks to be abnormally high when:

• The chargeback rate exceeds 1.5% of the Organizer's total transactions over a 3-month period
• 5 or more chargebacks occur in a single event
• The accumulated amount of chargebacks exceeds 2,000€ over a 6-month period

6.6. Tax liability

6.6.1. Nature of the relationship

CULPASS acts exclusively as an intermediary technology platform that facilitates the sale of tickets between the Organizer and the Users. The Organizer is the party that organizes, promotes and holds the event, and is therefore the holder of the underlying economic activity. Consequently, the Organizer is ultimately responsible for compliance with all tax obligations arising from the sale of tickets and the holding of the event.

6.6.2. Tax obligations of the Organizer

The Organizer declares and warrants that:

1. It is registered in the corresponding tax regime with the State Tax Administration Agency (AEAT) or the competent tax authority.
2. It has a valid NIF/CIF (tax identification number) and has correctly communicated it to CULPASS.
3. It is responsible for the settlement of all taxes applicable to the sale of tickets and the holding of the event, including, without limitation:
   • Value Added Tax (VAT) applicable to the tickets sold.
   • Tax on Economic Activities (IAE), if applicable.
   • Public Entertainment Tax or applicable municipal/regional fees.
   • Copyright royalties (SGAE, VEGAP or other collective management organisations), if applicable.
   • Public road occupation fees if the event is held in public spaces.
   • Any other tax, fee or levy that may apply according to the nature of the event and the legislation in force.
4. It shall file the corresponding tax returns with the tax authorities within the legally established deadlines.
5. It shall issue invoices to end Users where required by the applicable tax regulations.

6.6.3. VAT on ticket sales

1. Responsibility of the Organizer for VAT: The Organizer is responsible for determining the VAT rate applicable to the tickets for its events in accordance with the regulations in force. By way of guidance (not exhaustive):
   • VAT exempt (0%): certain cultural, charitable and sporting events (in accordance with Law 37/1992 on VAT, article 20).
   • Reduced VAT (10%): cultural shows in general (theatre, cinema, classical music concerts, etc.).
   • Standard VAT (21%): events that are not specifically exempt or subject to a reduced rate.

   It is the Organizer's sole responsibility to correctly determine the applicable VAT rate and to configure it in the platform when creating the event.

2. Configuration in the platform: When creating an event, the Organizer must indicate:
   • Whether or not the ticket price includes VAT.
   • The applicable VAT rate (exempt, 10%, 21% or other).
   • The legal basis for the exemption or reduced rate, if applicable.
3. Inclusion of VAT in the price: CULPASS recommends that ticket prices be displayed to the User with VAT included (final price), in accordance with article 88.3 of Law 37/1992 on VAT and article 17 of Royal Decree 1619/2012.
4. VAT settlement:
   • The VAT charged to end Users belongs to the public treasury, not to the Organizer or to CULPASS.
   • The Organizer must pay the VAT in the corresponding returns (quarterly form 303 or annual form 390).
   • The settlements that CULPASS makes to the Organizer include the VAT collected, and it is the Organizer who must declare it and pay it to the Tax Authorities.

6.6.4. Invoicing

1. Invoices to end Users: when a User requests an invoice for their ticket purchase:
   • It is the Organizer who must issue the invoice to the end User, as it is the party that provides the service (access to the event).
   • CULPASS shall provide the Organizer with the data necessary for issuing invoices.
   • The Organizer undertakes to issue such invoices on time (maximum 1 month from the request).
2. Invoices from CULPASS to the Organizer:
   • CULPASS shall issue an invoice to the Organizer for its intermediation services (commissions).
   • These invoices shall include VAT at 21% (standard rate applicable to intermediation services).
   • The Organizer may deduct this input VAT in its quarterly returns.
3. CULPASS invoicing module: the Organizer may activate the invoicing module available on the Platform, which allows the automated generation of invoices to its Users. Upon activation:
   • The invoicing module is available to Organizers subscribed to the Advanced and Premium plans, and must be expressly activated by the Organizer when creating the event.
   • Invoices shall be issued under the Organizer's NIF, with the sequential numbering corresponding to the event within the Platform. CULPASS acts exclusively as a technology tool and does not issue invoices under its own NIF.
   • By activating the module, the Organizer expressly consents to CULPASS generating invoices in its name, in accordance with the applicable tax regulations. CULPASS shall not be tax-liable for the invoices generated through this module, the Organizer being solely responsible for their content, accuracy and tax impact.

6.6.5. Specific entertainment taxes

The Organizer is responsible for verifying and complying with the specific taxes that may apply to its event under the applicable regional or municipal legislation, such as:

1. Public Entertainment Tax (some Autonomous Communities)
   • The Organizer shall verify whether its event is subject to this tax.
   • It shall calculate and settle the corresponding amount with the Autonomous Community.
   • It shall keep proof of payment for possible inspections.
2. Municipal entertainment fees (some City Councils)
   • The Organizer shall obtain information from the relevant City Council.
   • It shall apply for and pay the necessary licences or fees.
3. SGAE or other collective management organisation royalties
   • If the event includes music protected by copyright, the Organizer shall pay the corresponding royalties.
   • It shall obtain the necessary permits from SGAE, VEGAP, AIE or other organisations.
   • It shall keep proof of payment.

6.6.6. Information and cooperation with tax authorities

1. Duty to provide information: CULPASS, in compliance with article 93 of the General Tax Law and implementing regulations, may be required to provide information to the Tax Agency on the transactions carried out through the platform. This information may include:
   • Identifying data of the Organizers.
   • Amount of ticket sales made.
   • Commissions charged.
   • Settlements made.
2. Authorisation by the Organizer: by accepting these Terms and Conditions, the Organizer expressly authorizes CULPASS to:
   • Provide this information to the tax authorities when legally required.
   • Cooperate with tax inspections that may affect its activity.
   • Provide documentation, reports or data that may be necessary.
3. Withholding at source (if applicable): if tax regulations establish the obligation to withhold at source on payments to Organizers (currently not applicable, but could change), CULPASS shall:
   • Notify the Organizer in advance.
   • Apply the legally established withholding.
   • Issue the corresponding withholding certificate.
   • Pay the withholdings to the AEAT on time.

6.6.7. Tax inspections

Should the Organizer be subject to a tax inspection related to ticket sales through CULPASS:

1. The Organizer shall notify CULPASS of the existence of the inspection.
2. CULPASS shall cooperate by providing:
   • Statements of the settlements made.
   • Details of the transactions processed.
   • Any other technical information that may be required.
3. The Organizer shall hold CULPASS harmless from any liability arising from tax irregularities for which the Organizer is solely responsible.

6.6.8. Consequences of tax non-compliance

The Organizer's failure to comply with its tax obligations shall entitle CULPASS to:

1. Preventively suspend the Organizer's account until compliance is proven.
2. Terminate the contract for serious breach, especially if:
   • The Organizer has been seriously sanctioned by the tax authorities.
   • There are tax debts that may give rise to joint and several liability of CULPASS.
   • Systematic tax fraud is detected.
3. Withhold pending settlements if there are well-founded indications that the tax authorities may claim amounts from CULPASS for actions of the Organizer.

6.6.9. Disclaimer of liability of Culpass

CULPASS does not provide tax advice to the Organizer nor does it verify the Organizer's correct compliance with its tax obligations. The guidance information that may be provided in this document or on the platform:

• Is merely informative in nature.
• Does not replace the professional advice of a tax adviser or agent.
• May become outdated due to regulatory changes.

The Organizer declares that:

• It has consulted its tax advisers on the tax implications of its activity.
• It is aware of and complies with all its tax obligations.
• It releases CULPASS from any liability arising from its tax irregularities.

6.6.10. Recommendation of professional advice

CULPASS strongly recommends that the Organizer:

• Consult a professional tax adviser on the specific obligations of its activity
• Keep orderly accounts of all transactions
• Keep supporting documentation for the statutory period (minimum 4-6 years)
• Stay informed of regulatory changes that may affect its activity

The Organizer undertakes to:

1. Provide truthful, accurate, complete and up-to-date information about the published Events.
2. Comply with all regulations applicable to the organization of events (licences, authorisations, public entertainment regulations, safety, accessibility, data protection, etc.).
3. Hold the Event on the date, at the time and in the place announced, with the characteristics described.
4. Guarantee access for Users who have purchased valid Tickets.
5. Properly manage Users' refunds and complaints in accordance with consumer regulations.
6. Not publish Events that infringe third-party rights or contain unlawful, offensive or discriminatory content or content that undermines the dignity of persons.
7. Keep its contact details and bank account up to date in the Reserved Area.
8. Respond diligently to Users' enquiries.
9. Not use the Platform for fraudulent activities, money laundering or terrorist financing.
10. Comply with the GDPR and the LOPDGDD in the processing of Users' personal data, acting as Data Controller with respect to the data collected through its Events.

7.1. Prohibition of abusive, automated or improper use of the platform

7.1.1. General principle: fair use in accordance with its purpose

The Organizer undertakes to use the CULPASS platform in a fair and diligent manner and in accordance with its purpose, which is to facilitate the creation, promotion and sale of tickets for legitimate events. Any use of the platform that does any of the following is expressly prohibited:

• Contravenes its purpose
• Harms the interests of CULPASS, other Organizers or Users
• Overloads, damages or endangers the technological infrastructure
• Infringes third-party rights or applicable legislation

7.1.2. Prohibition of automated access, scraping and bots

The following is expressly prohibited:

1. Use of robots, spiders, scrapers or automated tools:
   • Using any automated system (robots, spiders, scrapers, crawlers) to access, read, extract or collect content from the platform.
   • Mass extraction of information about events, prices, Organizers or Users.
   • Using screen scraping, web harvesting or similar techniques.
2. Use of bots to purchase tickets:
   • Using automated programs for the bulk or speculative purchase of tickets.
   • Using automatic purchasing systems that hoard tickets abusively.
   • Creating multiple accounts or false identities to circumvent purchase limits.
3. Unauthorized access to systems:
   • Attempting to access restricted areas of the platform.
   • Circumventing security, authentication or access control measures.
   • Exploiting security vulnerabilities for unauthorized access.
4. Reverse engineering:
   • Reverse engineering, decompiling or disassembling the platform's code.
   • Attempting to discover the source code by any method.
   • Creating derivative works based on CULPASS's technology without authorization.

7.1.3. Prohibition of practices harmful to the platform

The following is expressly prohibited:

1. System overload:
   • Making an excessive number of requests that may saturate the servers.
   • Using the platform in a way that generates a disproportionate load.
   • Carrying out denial-of-service attacks (DoS, DDoS) or similar.
2. Injection of malicious code:
   • Introducing viruses, malware, trojans, worms or any harmful code.
   • Transmitting files containing malicious software.
   • Attempting to compromise the security of the platform or of other users.
3. Content manipulation:
   • Modifying, altering or falsifying the content of the platform.
   • Interfering with the proper functioning of the functionalities.
   • Manipulating rating systems, comments or statistics.
4. Fraudulent use:
   • Creating fictitious or fraudulent events.
   • Using the platform for pyramid schemes, scams or frauds.
   • Impersonating other Organizers or CULPASS.

7.1.4. Prohibition of speculative resale and unauthorized commercial use

1. Unauthorized resale: unless CULPASS expressly authorizes an official resale programme, the following is prohibited:
   • Purchasing tickets for the sole purpose of reselling them at a higher price.
   • Using the platform for unauthorized secondary ticketing activities.
   • Transferring tickets through resale platforms not approved by CULPASS.
2. Commercial use of content:
   • It is prohibited to use the platform's content (event listings, images, descriptions) commercially without CULPASS's written authorization.
   • A competing platform may not be created using data extracted from CULPASS.
   • The data may not be used for price comparison services without a prior agreement.

7.1.5. Account security obligation

The Organizer undertakes to:

1. Keep its credentials confidential:
   • Not share its username and password with third parties.
   • Use strong passwords (minimum 8 characters, upper case, lower case, numbers).
   • Change the password periodically and upon any suspicion of compromise.
2. Notify immediately:
   • Any unauthorized use of its account.
   • Any security breach it detects.
   • Any suspicion of compromise of its credentials.
3. Responsibility for use of the account:
   • The Organizer is responsible for all activities carried out under its account.
   • It must log out when finished, especially on shared computers.
   • It must not use the account from public computers or insecure networks for sensitive operations.

7.1.6. Detection and prevention measures

CULPASS reserves the right to implement technical measures to detect and prevent abusive use, including:

1. Detection systems:
   • Monitoring of anomalous access patterns.
   • Bot and automated access detection systems.
   • Behavioural analysis to identify fraudulent use.
   • Rate limiting (limiting requests per unit of time).
2. Protection measures:
   • CAPTCHA or other human verification mechanisms.
   • Temporary or permanent blocking of suspicious IPs.
   • Two-factor authentication (2FA) mandatory for certain operations.
   • Restriction of access from certain high-risk countries or regions.
3. Cooperation with authorities:
   • Notification of criminal activities to the competent authorities.
   • Cooperation in investigations into fraud or cybercrime.
   • Provision of technical evidence (logs, IPs, access data) when legally required.

7.1.7. Consequences of abusive use

Breach of the prohibitions set out in this clause shall entitle CULPASS to adopt, without prior notice, the following measures:

1. Immediate suspension:
   • Preventive suspension of the Organizer's account.
   • Blocking of access to the platform.
   • Cancellation of the Organizer's ongoing events.
2. Termination of the contract:
   • Immediate termination of the contractual relationship.
   • No right to compensation for the Organizer.
   • CULPASS may withhold the amounts pending settlement to compensate for the damages caused, without prejudice to claiming higher amounts if the damage exceeds said balance.
3. Liability for damages:
   • The Organizer shall be liable for all damages caused to CULPASS by the abusive use.
   • Including: loss of profit, reputational damage, mitigation costs, legal fees.
   • CULPASS reserves the right to claim compensation through the courts.
4. Legal actions:
   • Report to the law enforcement authorities if the use constitutes a criminal offence (articles 197, 264, 270 and following of the Criminal Code).
   • Criminal complaint for offences against intellectual property, computer intrusion, fraud or others.
   • Civil claim for damages.
5. Inclusion in blacklists:
   • Inclusion of the Organizer in internal lists of blocked users.
   • Sharing information with other platforms in the sector to prevent recidivism.
   • Permanent prohibition on using CULPASS's services again.

7.1.8. Reservation of intellectual property rights

All the content of the platform, including without limitation:

• Design, structure, source code, databases.
• Trademark, logos, corporate image.
• Texts, graphics, icons, photographs.
• Algorithms, processes and know-how.

Is the exclusive property of CULPASS or its licensors, and is protected by:

• Intellectual Property Law (Royal Legislative Decree 1/1996).
• Trademark Law (Law 17/2001).
• Law on the Legal Protection of Software.
• International treaties on intellectual property.

Reproduction, distribution, public communication or transformation of this content without the express written authorization of CULPASS is prohibited.

7.1.9. Cooperation of the Organizer in prevention

The Organizer undertakes to cooperate actively with CULPASS in the prevention of abusive use:

1. Notify any suspicious or fraudulent use it detects.
2. Report attempts at unauthorized access to its account.
3. Report any scraping or mass data extraction activities it observes.
4. Cooperate in internal investigations into possible abuse.

7.1.10. Updating of security measures

CULPASS reserves the right to:

• Update and improve security measures without prior notice.
• Modify authentication and verification systems.
• Implement new technical restrictions if necessary to protect the platform.
• Temporarily suspend services for security maintenance.

The Organizer accepts that these updates may temporarily affect the availability or functionality of its account, without this giving rise to any right to compensation.

7.2. Responsibility of the Organizer for regulatory compliance of its events

7.2.1. Principle of exclusive responsibility of the Organizer

The Organizer declares and warrants that it is the sole and exclusive party responsible for:

• The planning, organization and holding of the event.
• Compliance with all regulations applicable to the event.
• The safety, well-being and protection of attendees.
• Obtaining all necessary authorisations, licences and permits.

CULPASS acts exclusively as an intermediary technology platform that facilitates the sale of tickets, but does not organize, manage or have any control over the conduct of the physical event. Therefore, CULPASS is expressly exempt from any liability arising from the event, its incidents, cancellation or any circumstance related to its holding.

7.2.2. Compliance with public entertainment regulations

The Organizer warrants that its event complies with all applicable regulations on public entertainment and recreational activities, including, without limitation:

1. State regulations:
   • Royal Decree 2816/1982 approving the General Regulation on Police for Public Entertainment and Recreational Activities.
   • Law 17/2009 on free access to service activities and their exercise.
   • Specific sector regulations depending on the type of event (sports, cultural, musical, etc.).
2. Regional regulations:
   • Regional laws on public entertainment of the Community where the event is held.
   • Regional implementing regulations.
   • Specific ordinances of the Autonomous Community.
3. Municipal regulations:
   • Municipal ordinances on public entertainment of the relevant City Council.
   • Local regulations on noise, opening hours and public roads.
   • Specific requirements of the municipality where the event is held.

7.2.3. Administrative licences, authorisations and permits

The Organizer undertakes to obtain, before holding its event, all licences, authorisations and permits that are required, including without limitation:

1. Public entertainment licence:
   • Municipal licence for holding the event.
   • Regional authorisation if the event exceeds certain capacity thresholds or characteristics.
   • Responsible declaration or prior notification depending on the type of event.
2. Specific authorisations:
   • Occupation of public roads (if the event is held in public spaces).
   • Road closures or diversions (if applicable).
   • Authorisation from the Government Delegation (events of special relevance).
   • Permission from the owner of the venue (if private).
3. Content authorisations:
   • Licences from SGAE, AIE, VEGAP or other copyright collective management organisations.
   • Permits for the use of protected music.
   • Authorisations for audiovisual screenings.
   • Licences for the use of protected trademarks, images or content.
4. Other authorisations:
   • Electrical installations certificate (if applicable).
   • Health authorisation (events with food/drink sales).
   • Fire brigade or civil protection permit.
   • Any other that may be required according to the nature of the event.

Proof to CULPASS: The Organizer, when CULPASS so requests, must provide documentary proof of having obtained these licences and authorisations before the event is published on the platform or, in any case, before it is held.

7.2.4. Event safety and protection measures

The Organizer warrants that its event complies with all required safety and protection measures:

1. Maximum authorized capacity: the Organizer shall strictly respect the maximum capacity authorized for the venue.
   • It shall not sell a number of tickets exceeding the permitted capacity.
   • It shall implement effective access control systems.
   • It shall have sufficient security staff in accordance with the legal ratio.
2. Security personnel: it shall hire qualified and licensed private security guards in accordance with Law 5/2014.
   • It shall respect the minimum security ratios according to capacity (typically 1 guard per 100-200 people, depending on the type of event).
   • It shall coordinate with the law enforcement authorities if the event so requires.
3. Emergency and evacuation plan: it shall have an emergency and evacuation plan appropriate to the event.
   • Visible emergency exit signage.
   • Clear and accessible evacuation routes.
   • Staff trained in emergency procedures.
4. Health services: it shall have health care services if the event so requires.
   • Ambulance and medical staff at high-risk events.
   • First aid kits.
   • Protocols for action in medical emergencies.
5. Accessibility: it shall guarantee universal accessibility in accordance with Royal Legislative Decree 1/2013.
   • Spaces reserved for persons with reduced mobility.
   • Adapted access.
   • Accessible toilets.

7.2.5. Mandatory insurance

The Organizer undertakes to take out and keep in force during all its events the mandatory insurance required under the applicable regulations:

1. Civil liability insurance:
   • Civil liability insurance covering damages that may be caused to third parties (attendees, suppliers, neighbours) as a result of the event.
   • Minimum recommended coverage: 600,000 € (which may be higher depending on the type and size of the event).
   • Period of cover from set-up to dismantling of the event.
2. Accident insurance (if applicable):
   • For sports or risk events, accident insurance for participants.
   • In accordance with the specific regulations of each discipline.
3. Other insurance:
   • Cancellation insurance (optional but recommended).
   • Property damage insurance for the venue (if required by the owner).

Proof: The Organizer shall provide CULPASS, when the latter so requests, with a copy of the insurance certificate or current policy.

7.2.6. Protection of minors

When its event is aimed at minors or allows their attendance, the Organizer warrants compliance with:

1. Organic Law 1/1996 on the Legal Protection of Minors:
   • Specific protection measures for attending minors.
   • Access control verifying age where appropriate.
   • Prohibition of the sale of alcohol or tobacco to minors.
   • Age-appropriate content.
2. Age classification:
   • Clearly indicate the age classification of the event (all audiences, over 16, over 18, etc.).
   • Communicate this classification visibly.
   • Implement effective age verification controls.
3. Accompaniment of minors:
   • If the event requires minors to be accompanied by adults, clearly indicate so.
   • Verify the accompaniment at the entrance.
4. Regional regulations:
   • Comply with the specific regulations of the Autonomous Community on the protection of minors at entertainment events.
   • Permitted hours for the attendance of minors.
   • Specific additional requirements.

7.2.7. Health and consumer regulations

If the event includes the sale of food or drink, the Organizer warrants:

1. Compliance with health regulations:
   • Health registration of the premises.
   • Food handlers with accredited training.
   • Hygiene conditions in accordance with regulations.
   • Food traceability.
   • Temperature and preservation controls.
2. Consumer regulations:
   • Clear price information.
   • Complaint forms available.
   • Prohibition of the sale of alcohol to minors.
   • Compliance with Law 17/2011 on food safety and nutrition.

7.2.8. Environmental protection and waste management

The Organizer undertakes to:

1. Comply with the applicable environmental regulations.
2. Implement a waste management plan in accordance with Law 7/2022 on waste.
3. Minimize noise impact in accordance with municipal ordinances.
4. Leave the space in the same condition in which it was found.
5. Hire authorized cleaning and waste management services.

7.2.9. Rights of attendees as consumers

The Organizer shall respect all rights of attendees in accordance with:

• Royal Legislative Decree 1/2007, General Law for the Defence of Consumers and Users
• Right to truthful, clear and complete information about the event
• Right to complain and complaint forms
• Handling of complaints within the deadline
• Refund of tickets in the cases provided for by law

7.2.10. Duty to inform Culpass

The Organizer shall immediately inform CULPASS of:

1. Any denial, suspension or revocation of licences or authorisations.
2. Requirements from administrative authorities related to the event.
3. Substantial changes to the event (date, time, location, characteristics).
4. Serious security incidents or emergencies.
5. Cancellation of the event for any reason.
6. Administrative inspections or sanctions related to its events.

7.2.11. Responsible declaration by the Organizer

When creating each event on the platform, the Organizer declares under its responsibility that:

• It has obtained or is in the process of obtaining all necessary licences and authorisations.
• The event complies with all applicable regulations.
• It holds the mandatory insurance in force.
• The venue meets the safety, accessibility and hygiene conditions.
• The information about the event is truthful and not misleading.
• It assumes exclusive responsibility for the event and its consequences.

This declaration has the nature of a responsible declaration pursuant to article 69 of Law 39/2015 on Common Administrative Procedure.

7.2.12. Exclusive responsibility of the Organizer

The Organizer assumes full and exclusive responsibility for:

1. Any damage to persons or property during the event.
2. Accidents, injuries or incidents that may occur.
3. Non-compliance with regulations resulting in administrative sanctions.
4. Claims from attendees, third parties or authorities.
5. Reputational damage to CULPASS arising from problems at the event.

The Organizer undertakes to hold CULPASS harmless from any claim, sanction, liability or cost arising from the event or from its regulatory non-compliance.

7.2.13. Consequences of regulatory non-compliance

Failure to comply with the obligations set out in this clause shall entitle CULPASS to:

1. Preventively suspend the event and the sale of tickets until compliance is proven.
2. Cancel the event and proceed to the automatic refund of tickets sold, the Organizer being responsible for:
   • Full refund to Users.
   • Payment of CULPASS's commissions (services already provided).
   • Damages caused to CULPASS.
3. Terminate the contract and permanently suspend the Organizer's account.
4. Report to the authorities any breaches detected, especially if they affect public safety.

7.2.14. Culpass's verification powers

CULPASS reserves the right to:

1. Request documentary proof of licences, insurance or authorisations at any time.
2. Require additional information on the event's security measures.
3. Demand additional guarantees (deposits, bank guarantees) for high-risk events.
4. Refuse to publish events that do not offer sufficient guarantees.
5. Cancel already published events if it detects serious breaches.

These verifications do not imply that CULPASS assumes any responsibility for the event, which remains the exclusive responsibility of the Organizer.

7.2.15. Coordination with authorities

In the event of a requirement from competent authorities (police, labour inspectorates, consumer affairs, health, etc.), CULPASS:

• Shall cooperate by providing information about the event and the Organizer
• Shall inform the Organizer of the existence of the requirement
• May preventively suspend the event if so ordered by the authority
• Shall not assume liability arising from administrative or judicial actions against the Organizer

8.1. Responsibility for the data

CULPASS is the Controller of the personal data of the Organizers (registration, contact, banking data, etc.) and of the data necessary for the management of the Platform. The Organizer is the Controller of the personal data of the Users who purchase tickets for its Events (name, email, telephone, payment data, etc.) that it obtains through the Platform. CULPASS acts as Processor of the personal data of the Users who purchase tickets, processing such data on behalf of the Organizer (Controller) and following its documented instructions, in accordance with article 28 of the GDPR. This processing relationship shall be governed by the clauses established in the data processing agreement that is formalized by acceptance of these Terms, which include the following guarantees:

• CULPASS shall process the Users' data solely for the purpose of managing ticket sales and access to the Events.
• CULPASS shall not process the data for its own purposes nor disclose them to third parties without the Organizer's authorization, except where legally required.
• CULPASS shall implement appropriate technical and organizational measures to guarantee data security (encryption, access control, backups).
• CULPASS shall assist the Organizer in handling Users' requests to exercise their rights.
• CULPASS shall make available to the Organizer all information necessary to demonstrate compliance with the GDPR.
• The Users' personal data processed by CULPASS as Processor shall be retained for a maximum of five (5) years from the date on which the Event is held. After that period, they shall be deleted or anonymized. CULPASS shall implement the technical mechanisms necessary to guarantee deletion or anonymization within the deadline, unless a legal obligation requires retention for a longer period.
• CULPASS shall not subcontract services involving data processing without the prior authorization of the Organizer (the authorized sub-processors are detailed in the Privacy Policy).

8.2. Obligations of the Organizer regarding data protection

The Organizer, in its capacity as Controller, undertakes to:

1. Duly inform Users about the processing of their personal data in accordance with the GDPR (articles 13 and 14), including information on the identity of the Organizer, purposes, legal basis, recipients, rights, etc.
2. Obtain Users' consent when necessary.
3. Implement appropriate technical and organizational measures to guarantee data security.
4. Handle the exercise of Users' rights (access, rectification, erasure, restriction, portability, objection).
5. Notify the Spanish Data Protection Agency (AEPD) of security breaches affecting personal data, where applicable.
6. Not use Users' data for purposes other than the management of the Event, unless it obtains additional consent.
7. Release and hold CULPASS harmless from any claim, sanction or liability arising from the Organizer's non-compliance with data protection regulations.

8.3. Data processing by Culpass

CULPASS shall process the Organizer's personal data in accordance with its Privacy Policy, available at https://culpass.com/privacy-policy. The Organizer's data shall be used for:

• Management of the contractual relationship.
• Invoicing and collection of Commissions.
• Communications related to the service.
• Compliance with legal obligations (tax, accounting, anti-money laundering, etc.).
• Improvement of the services and statistical analysis.

The Organizer expressly consents to this processing by accepting these Terms.

8.4. Post-event communications and feedback requests

The Organizer expressly authorizes CULPASS, acting as Processor on behalf of the Organizer, to send electronic communications (email) to the Users who have purchased tickets for the Organizer's events, for the following purposes:

1. Request feedback on the event organized: assessment of the experience, content, organization, facilities, service and any other aspect related to the event.
2. Request feedback on the CULPASS platform: assessment of the ticket purchase process, ease of use of the platform, event access system (QR codes, digital ticket), CULPASS customer service and suggestions for improvement.
3. Collect testimonials and opinions that, with the express prior authorization of the User, may be used for promotional purposes of the Organizer or of CULPASS.

These communications shall be governed by the following conditions:

• Maximum number: ONE (1) communication per event and per User.
• Sending deadline: maximum 72 hours after the end of the event.
• Clear identification: the communication shall state that it is sent "on behalf of [Organizer's Name] through the CULPASS platform".
• Right to object: it shall include a visible and accessible link so that the User can unsubscribe from future communications.
• Limited content: feedback request only, without including third-party commercial advertising or promotions unrelated to the authorized purpose.

Legal basis for the processing:

• Feedback on the event: performance of the ticket purchase contract (art. 6.1.b GDPR) and the Organizer's legitimate interest in knowing attendees' satisfaction in order to improve future events (art. 6.1.f GDPR).
• Feedback on the platform: CULPASS's legitimate interest in improving its technology services (art. 6.1.f GDPR), having weighed that there is a prior relationship, the communication is one-off and non-intrusive, and the User has a guaranteed right to object.
• Testimonials: explicit consent of the User (art. 6.1.a GDPR), which shall be requested by means of a separate checkbox in the feedback form.

The Organizer undertakes to inform Users in its Privacy Policy, in accordance with article 13 of the GDPR, that CULPASS, acting as Processor on its behalf, will send post-event communications requesting feedback. CULPASS shall provide the Organizer with the model information text that must be included in the information provided to Users at the time of ticket purchase.

Allocation of responsibilities and data processing:

• The feedback data on the event shall be made available to the Organizer, who acts as Controller of such data.
• The feedback data on the CULPASS platform shall be processed by CULPASS as Controller of the platform usage data in order to improve its technology services.
• All feedback data shall be retained for a maximum of two (2) years from collection, after which they shall be deleted or anonymized.
• The Organizer shall be responsible for handling requests to exercise rights related to feedback on the event.
• CULPASS shall be responsible for handling requests to exercise rights related to feedback on the platform.

Revocation of the authorization: The Organizer may revoke this authorization at any time by written notice addressed to CULPASS at least fifteen (15) calendar days before the date on which the event is held. The revocation shall take effect only for future events, without affecting communications already sent or events held prior to the notification of revocation.

Where feedback is requested or channelled through third-party platforms (such as Google Maps or similar), the processing of personal data shall be subject to the privacy policy of that external platform. CULPASS shall not be responsible for processing carried out by third-party platforms, which act as independent controllers under the GDPR.

9.1. Power of preventive suspension

CULPASS reserves the right to suspend, temporarily or permanently, as a precautionary measure and without prior notice, an Organizer's account or the publication of a specific event when circumstances arise that reasonably indicate:

1. Fraud or scam: indications that the Organizer is using the platform to commit fraud, scams or deception against Users, including, but not limited to: fictitious events, identity theft, misleading prices, false description of the event, or any other fraudulent conduct.
2. Legal non-compliance: infringement of applicable regulations, including, but not limited to: regulations on public entertainment, safety, protection of minors, personal data protection (GDPR/LOPDGDD), intellectual property, unfair competition, misleading advertising, or any other applicable sector legislation.
3. Serious breach of these Terms: material violation of any of the obligations set out in this document, especially those relating to security, truthfulness of information, data protection, or proper use of the platform.
4. Risk to Users: existence of a risk to the physical, economic or privacy security of Users, including events that lack the necessary administrative authorisations, events with unmanaged health or safety risk, or any circumstance that may endanger attendees.
5. Repeated complaints: multiple well-founded complaints or claims from Users about the Organizer or its events that evidence a pattern of malpractice.
6. Non-payment of commissions: repeated failure to pay the commissions owed to CULPASS as established in clause 6. of this document.
7. Order of a competent authority: requirement from a judicial, administrative or data protection authority (AEPD) ordering or recommending the suspension.

9.2. Effects of the suspension

During the period of preventive suspension:

1. The Organizer shall not be able to access its reserved area or manage events.
2. The affected events shall cease to be visible on the platform and no new tickets may be purchased.
3. CULPASS may temporarily withhold the amounts pending settlement until the procedure is resolved.
4. Tickets already sold for suspended events shall be managed as established in section 9.4. of this clause.

9.3. Procedure and guarantees

1. Notification: CULPASS shall notify the Organizer of the preventive suspension through the email registered in its account, indicating the general reasons for it, unless the nature of the incident (court order, imminent risk) makes prior communication impossible or inadvisable.
2. Right to make submissions: The Organizer shall have a period of 5 business days from the notification to submit allegations and provide such documentation or justifications as it deems appropriate, which must be sent to sales@culpass.com.
3. Resolution: CULPASS shall decide whether to lift or confirm the suspension within a maximum of 10 business days from receipt of the allegations, or from the date of suspension if no allegations are submitted.
4. Final decision: CULPASS's decision may be:
   • Lifting: Access is restored and the events become active again.
   • Definitive suspension: The contract is terminated in accordance with clause 13.
   • Corrective measures: A corrective action plan is established that the Organizer must comply with in order for the suspension to be lifted.

9.4. Management of tickets sold during suspension

In the event of the suspension of an event with tickets already sold, CULPASS shall act in accordance with the following protocol:

1. Suspension due to the Organizer:
   • The affected Users shall be refunded in full the price of the tickets.
   • CULPASS shall deduct from the Organizer's balance the amount of the refunds plus the accrued commissions.
   • If the balance is insufficient, the Organizer must pay the difference within a maximum of 5 business days.
   • The Organizer shall be liable for all damages caused to Users.
2. Suspension due to an external cause not attributable to the Organizer:
   • The cancellation policy established in clause 10 shall apply.
   • CULPASS shall cooperate in managing the refunds as agreed with the Organizer.
3. Communication to Users: CULPASS shall notify the affected Users of the suspension of the event and the refund procedure by email.

9.5. Responsibility of the Organizer

Preventive suspension does not release the Organizer from its contractual obligations or from its liability towards CULPASS and towards Users. The Organizer shall be liable for all damages caused by the conduct giving rise to the suspension, including:

1. Full refund of the ticket price to the affected Users.
2. Payment of the commissions accrued in favour of CULPASS.
3. Compensation for the reputational damage caused to CULPASS.
4. Legal or administrative costs incurred by CULPASS as a result of the Organizer's conduct.

9.6. Suspension without liability of Culpass

CULPASS shall not be liable for any damages that preventive suspension may cause to the Organizer when it has been adopted in good faith on the basis of reasonable indications of the circumstances described in section 9.1, even if the suspension is subsequently lifted because the initial indications are not confirmed. CULPASS's obligation is limited to acting diligently in assessing the indications and in conducting the procedure as established in this clause. Notwithstanding the foregoing, CULPASS shall be liable for damages caused to the Organizer where the suspension is attributable to gross negligence or bad faith on the part of CULPASS, in which case it shall be liable for the damages actually proven.

9.7. Recidivism

Should an Organizer be subject to preventive suspension on more than two occasions within a 12-month period, CULPASS may proceed to the definitive termination of the contract without any right to a cure period.

The Organizer may cancel an Event provided that it notifies CULPASS and the affected Users as far in advance as possible. In the event of cancellation:

1. The Organizer must refund the ticket price in full to Users, unless there is a duly justified cause of force majeure.
2. CULPASS shall provide the Organizer with the list of buyers and the amounts to be refunded.
3. The Organizer authorizes CULPASS to make the refunds against funds pending settlement or, failing that, by charge to the Organizer's bank account.
4. The Service Commission accrued by CULPASS shall not be refundable in the event of a cancellation attributable to the Organizer, unless the cancellation occurs before the first ticket is sold.
5. In the event of force majeure, the parties shall negotiate in good faith the distribution of losses.

The Organizer releases CULPASS from any liability towards Users for cancellations, substantial modifications or non-performance of the Event.

10.1. Refund policy and responsibilities

10.1.1. General principle: no refund without justified cause

CULPASS operates as a technology intermediary between the Organizer and the Users who purchase tickets. CULPASS's general policy is that no ticket refunds are made without justified cause, which is understood to mean:

1. Justified causes for a refund:
   • Cancellation of the event by decision of the Organizer
   • Substantial change in the conditions of the event (date, time, location, content) that the User does not accept
   • Serious breach by the Organizer of the announced conditions
   • Impossibility of holding the event due to force majeure (where the agreed cancellation policy applies)
   • Order of a competent authority preventing the event from being held
   • Purchase error duly proven and communicated on time
2. Unjustified causes for a refund:
   • User's change of mind without any further reason
   • Supervening impossibility for the User to attend (illness, travel, etc.) unless the Organizer's cancellation policy expressly provides for it
   • Subjective disagreement with the content or quality of the event (except in the case of objective serious breach)
   • Adverse weather conditions (unless the event is cancelled)

10.1.2. Authority to authorize refunds

1. Cancellation by the Organizer: it is the Organizer who decides to cancel the event and, therefore, who must bear the economic consequences of that decision, including the full refund to Users and the payment of commissions to CULPASS.
2. Refund requests from Users: when a User requests the refund of a ticket without the event having been cancelled, CULPASS shall forward the request to the Organizer, who shall decide whether or not the refund is appropriate in accordance with its cancellation policy. CULPASS shall not authorize refunds on its own initiative except in cases of evident fraud by the Organizer or manifest breach.
3. Chargebacks (forced refunds): when a User initiates a chargeback through their bank, the provisions of clause 6.5 of this document shall apply.

10.1.3. Costs of refunds due to cancellation by the Organizer

When the Organizer cancels an event and the tickets sold must be refunded:

1. Amount to be refunded to Users:
   • Ticket price (100%)
   • Handling fees charged to the User at purchase (if any)
   • Where applicable, shipping costs for physical tickets
2. CULPASS commissions: The Organizer must pay CULPASS the commissions accrued in accordance with clause 6 of this document, even in the event of cancellation of the event.

   Justification: CULPASS has provided the services of:

   • Technology platform for the creation and publication of the event
   • Payment processing
   • Issuance and delivery of tickets
   • Management of the buyer database
   • Customer service
   • Security and regulatory compliance infrastructure

   These services have been effectively provided regardless of whether or not the event is held, and therefore the commissions are payable.

3. Refund costs: In addition, the Organizer shall bear:
   • Refund fees of the payment gateway (typically between 0,30€ and 0,50€ per transaction)
   • Administrative costs of managing mass refunds, if they exceed 100 tickets (amount to be agreed according to volume)

10.1.4. Cancellation and refund procedure

When the Organizer decides to cancel an event with tickets already sold:

1. Communication to CULPASS:
   • The Organizer must notify the cancellation to CULPASS as far in advance as possible
   • Minimum recommended: 7 days before the event
   • State the reason for the cancellation
   • Confirm the intention to proceed with the refunds
2. Balance verification:
   • CULPASS shall verify that the Organizer has sufficient balance to cover refunds to Users, CULPASS commissions and refund costs
   • If the balance is insufficient, the Organizer must make a deposit within 48 hours
3. Communication to Users:
   • CULPASS shall notify all buyers of the cancellation within 24 hours of the confirmation of the balance
   • Email informing of the cancellation and of the automatic refund process
4. Processing of refunds:
   • Automatic refund to the same payment method used for the purchase
   • Deadline: 14 working days from the cancellation notification
   • The User does not need to take any action

   The processing costs that the payment gateways pass on to CULPASS for handling these refunds shall be borne in full by the Organizer, as established in section 10.1.3.c.

5. Final settlement:
   • Total amount of refunds
   • Commissions withheld
   • Refund costs
   • Final balance (payable or receivable by the Organizer)

10.1.5. Late cancellations or cancellations without funds

1. Cancellation within the 72 hours before the event: If the Organizer cancels less than 72 hours in advance, CULPASS may apply a surcharge for urgent handling on the total amount of the event's refunds, according to the following scale:
   • Up to 5,000 €: 2% (with a minimum of 50 €).
   • From 5,001 € to 20,000 €: 1.5%.
   • More than 20,000 €: 1%.
   • Maximum cap: 2,000 € per event.
   • Require additional guarantees for future events
2. Cancellation without sufficient funds: If the Organizer cancels without having sufficient balance to cover the refunds:
   • CULPASS shall require immediate payment (48 hours)
   • In the meantime, it shall suspend the Organizer's account
   • It may initiate legal claim actions

   If payment is not made, CULPASS shall assume the refunds to Users but reserves the right to claim the full amount through the courts, include the Organizer in debtor registers and file a criminal complaint for misappropriation if applicable.

10.1.6. Partial refunds

In the event of substantial changes to the event that do not imply total cancellation, but that some Users do not accept (change of date, location, etc.):

1. The Organizer shall decide whether or not to accept individual refunds.
2. If it accepts them, the same procedure as above shall apply but only for the affected Users.
3. CULPASS's commissions shall be reduced in proportion to the number of tickets refunded.

10.1.7. Protection of Users

CULPASS undertakes that, in the event of insolvency or non-payment by the Organizer:

• The affected Users shall receive their refunds within the established deadlines
• CULPASS shall temporarily bear the cost of the refunds
• CULPASS shall subsequently exercise the corresponding legal actions against the Organizer

This User protection policy is fundamental to the reputation of and trust in the platform.

10.1.8. Prior information to the User

CULPASS shall clearly inform Users at the time of purchase that:

• Tickets are non-refundable except in the event of cancellation of the event by the Organizer
• They may consult the Organizer's specific cancellation policy (if any)
• In the event of cancellation, they will receive an automatic refund within 14 days
• In the event of any problem, they must contact the Organizer first and, subsidiarily, CULPASS support

All intellectual and industrial property rights over the CULPASS Platform (software, design, databases, code, trademarks, logos, etc.) are the exclusive property of CULPASS or its licensors. The Organizer acquires only a non-exclusive, non-transferable and limited right to use the Platform for the purposes described in these Terms. Any reproduction, distribution, modification, reverse engineering or commercial exploitation of the Platform is prohibited. The Organizer warrants that it holds all necessary rights over the content it publishes (texts, images, videos, logos, trademarks) and authorizes CULPASS to reproduce and publicly communicate such content on the Platform and in related marketing actions. The Organizer shall be liable to CULPASS and to third parties for any infringement of intellectual or industrial property rights arising from the content it publishes.

CULPASS acts as a technology intermediary and assumes no responsibility for:

1. The content, truthfulness, legality, quality, holding or conduct of the Events.
2. The Organizer's compliance with applicable regulations.
3. The relationships between the Organizer and the Users or between the Organizer and third parties.
4. Damages caused to Users by the Organizer's breaches.
5. Economic losses of the Organizer due to low ticket sales, cancellations or any other cause.
6. Temporary interruptions of the service due to maintenance, updates or technical causes beyond CULPASS's control.
7. Loss of data due to causes not attributable to CULPASS.

CULPASS does not guarantee the uninterrupted availability and continuity of the Platform or the absence of errors, although it undertakes to maintain a reasonable level of service. Without prejudice to liability for wilful misconduct or gross negligence, and unless mandatory law provides otherwise, CULPASS's contractual liability towards the Organizer shall be limited, for all items, to the total amount of the Service Commissions actually paid by the Organizer in the 12 months prior to the event giving rise to the claim. This limitation is established taking into account the nature of the service provided, CULPASS's status as a technology intermediary, and the proportionality between the price of the service and the risks assumed by the parties.

The contractual relationship between CULPASS and the Organizer is of indefinite duration and shall remain in force as long as the Organizer uses the Platform's services. Either party may terminate the contract at any time by giving the other party 30 days' notice, unless there are Events with tickets already sold pending to be held, in which case termination shall take effect once those Events have ended. CULPASS may terminate the contract immediately and suspend or cancel the Organizer's account in the following cases:

1. Serious or repeated breach of these Terms.
2. Non-payment of Service Commissions or amounts owed to CULPASS.
3. Fraudulent or unlawful conduct, or conduct that damages CULPASS's reputation.
4. Repeated cancellations of Events without justified cause.
5. Mass complaints from Users due to the Organizer's breaches.
6. Falsity in the information provided.

In the event of termination, the Organizer must comply with all pending obligations (refunds, holding of events already announced, etc.) and CULPASS shall settle the pending funds after deducting the amounts owed.

CULPASS reserves the right to amend these Terms at any time. Amendments shall be notified to the Organizer by email or by notice in the Reserved Area 30 days before they enter into force. If the Organizer does not agree with the amendments, it may terminate the contract by notifying CULPASS before the date on which the new Terms enter into force. Continued use of the services after the amendments enter into force shall imply acceptance thereof.

These Terms are governed by Spanish law. For the resolution of any dispute arising from these Terms, the parties expressly submit to the Courts and Tribunals of Madrid, waiving any other jurisdiction that may correspond to them. Without prejudice to the foregoing, where the Organizer is a consumer under consumer regulations, the jurisdiction rules applicable to consumers shall apply.

16.1. Communications

All communications between the parties shall be made in writing by email or through the Reserved Area.

16.2. Partial invalidity

If any provision of these Terms is declared void or unenforceable, the remaining clauses shall remain in force.

16.3. Assignment

The Organizer may not assign or transfer its rights and obligations without the prior written consent of CULPASS.

CULPASS may assign its contractual position only in the following cases, notifying the Organizer 30 days in advance:

1. Merger or demerger of CULPASS with another company.
2. Global transfer of CULPASS's assets and liabilities.
3. Assignment to a company of the same corporate group as CULPASS.
4. Sale or transfer of CULPASS's ticketing business to a third party.

In the event of assignment, the Organizer shall have the right to terminate the contract without penalty if it proves that the assignment causes it a relevant detriment or the new assignee does not offer equivalent guarantees of solvency and service.

16.4. Force majeure

Neither party shall be liable for failure to perform its obligations when due to causes of force majeure.

16.5. Entire agreement

These Terms, together with the Privacy Policy and the General Terms of Use, constitute the entire agreement between the parties.

For any enquiry, claim or exercise of rights related to these Terms, the Organizer may contact CULPASS through:

• Email: sales@culpass.com
• Postal address: C/ Teresa Berganza, 76, 28200 San Lorenzo de El Escorial (Madrid)
• Reserved Area: Support ticket system.

By ticking the acceptance box during the registration process as an Organizer, I declare that I have read, understood and fully accepted these Specific Terms and Conditions for Organizers, as well as CULPASS's Privacy Policy.