The FACUA consumer association has taken on the Reggaeton Beach Festival (RBF) and urged anyone affected by the cancellation of the event to claim both the refund of their ticket, and compensation for additional expenses, after the Madrid event was cancelled due to safety concerns, but not widely reported.
FACUA urges the company DQG Madrid AIE, promoter of the Reggaeton Beach Festival, to start the process of refunding tickets to all users as soon as possible after the cancellation of the event that was to be held on July 22 and 23 at the Iberdrola Music space in Villaverde, in the Community of Madrid.
The Madrid City Council refused to authorise the festival, which some 50,000 people were going to attend, the majority coming from outside Madrid, due to the fact that adequate security and evacuation conditions were not guaranteed. Those affected can recover the money paid for the tickets, but also for hotels and contracted transfers.
The association regrets that the cancellation of the festival in Madrid has not yet been reported on the web, nor has the promoter enabled a way to proceed with the refund of the ticket price.
FACUA warns that there are already legal mechanisms and regulations that enable users to receive the amounts of tickets for cancelled shows, so the promoters of the Reggaeton Beach Festival do not need the “decisions” of any competent authority to start reimbursing the money to users who request it from the moment they have communicated the cancellation of the festival.
FACUA warns that the Reggaeton Beach Festival could be engaging in abusive behaviour if it refuses to refund the amount of tickets and vouchers or other services purchased that cannot be consumed due to the cancellation of the event.
Law 17/1997, of July 4, of the Community of Madrid, on Public Shows and Recreational Activities establishes, in its article 24.4, that “users will have the right to a total or partial refund of the amount paid by the localities, in the event that the show or recreational activity is suspended or substantially modified”.
The association emphasises that article 1,124 of the Civil Code establishes that “the power to resolve the obligations is implicit in the reciprocal ones, in the event that one of the obligors does not comply with what is incumbent on them. The injured party may choose between demanding compliance or the resolution of the obligation, with compensation for damages and payment of interest in both cases. They may also request the resolution, even after having opted for compliance, when this proves impossible.”
FACUA points out that they can request that they be compensated for all the damages that, regardless of their nature, the cancellation of the event could have caused them. Among them, those affected can demand, in addition to being paid the money they paid for the tickets, the vouchers for drinks that they will not be able to make, the contracted hotels and transfers to attend this festival.
Thus, article 1101 of the Civil Code indicates that “those who in compliance with their obligations commit fraud, negligence or late payment, and those who in any way contravene the tenor of those are subject to compensation for damages caused”.
The association hopes that the organiser will make the refund as quickly as possible and without any delay, and urges affected users to go to FACUA if they end up having problems obtaining the refund once the amounts have started to be refunded.
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