Terms & Conditions
These general terms and conditions regulate the provision of the service provided by the platform called Football Host, owned by the company Somethings Burning SL (hereinafter, “Somethings Burning SL”), a company registered in Spain, with tax identification number B6719236, with its registered office at Via Laietana, número 38, piso principal, in Barcelona, with telephone number +34 685230120 and email admin@football host.com and entered in the Barcelona Company Register, page B-133269, volume 46354, folio 105.
Our purpose is to make your shopping experience easy and safe so that you can purchase tickets for shows and/or experiences as quickly as possible and with full guarantees.
The platform called Football Host is an online sales service, available 24 hours a day, where you can use the internet to purchase, directly from your computer, tickets for all kinds of events and shows, as well as different experiences.
Likewise, in this section you will find all the necessary information about the procedures that the user must follow to purchase a ticket or an experience, the terms and conditions, return policy, etc.
The user declares that he/she has the necessary legal capacity to act and contract via the website pursuant to the terms detailed hereinafter, which the user declares that he/she understands and accepts.
The user is responsible for supplying his/her correct details during the purchase procedures established on the website, paying special attention to the introduction of bank details and personal data.
SPECIAL TERMS AND CONDITIONS FOR THE SALE OF EXPERIENCES
Our Website is a technological platform used to intermediate experiences, the purpose of which is to place users who offer experiences (hereinafter “Hosts”) in contact with other users who wish to hire those experiences (hereinafter “Customers”). Something’s Burning does not own or control the experiences or services that can be accessed via our website. These experiences may or may not include tickets for a football event, depending on the experience advertised by each Host. Something’s Burning accepts no liability for any problems that might arise concerning an experience.
Both contracting parties, hosts and customers, are users of this platform. Between Something’s Burning and the users, an intermediation contract is generated, the relationship that exists between the host and the customer not forming part thereof. The user and Something’s Burning are independent parties, without there being any agency, partnership, joint venture, employment or franchise relationship generated between them by virtue of these terms and conditions, hence Something’s Burning is totally non-liable with regard to administrative authorisations that the host or the customer may require in order to perform their operation, and in particular, regarding the VAT regulations that, due to the tax system to which they belong, could affect the trade, the transferor or the acquirer.
2- General terms and conditions of use
These general terms and conditions regulate the use of the intermediation service offered on the www.footballhost.com platform owned by the company Something’s Burning SL by all users of the said website.
We reserve the right to modify the Terms and Conditions at any time and for any reason by publishing a new version on our website. These changes shall not affect the rights and obligations that arose before said modifications. Following the publication of changes to the Terms and Conditions, use of our website shall be subject to the Terms and Conditions in effect at the time of access. If the user should object to any provision of the Terms and Conditions, or any changes made thereto, or if the user is no longer satisfied with Our Website, their last resort is to refrain from using our website.
When the user accepts these terms and conditions, Something’s Burning SL is thereby exempted from any liability for the transactions, other than those imposed by the law itself, derived from the intermediation service. Users undertake to provide accurate and truthful information in their offers, and also to have sufficient capacity and authorisation to transfer the experiences offered on the website.
Use of the Website implies being appointed the status of user and acceptance of the provisions included in these General Conditions of Purchase and Conditions of Use in the version thereof published by Something’s Burning, SL, at the same time that the user accesses the website.
The user declares that he/she holds the necessary legal capacity to act and contract on the website in accordance with the terms and conditions set forth hereinafter, which he/she declares to understand and accept.
The user is responsible for providing their data correctly in the purchase procedures established on the website, paying special attention to the input of bank and personal details.
3- Contracting Party
If a user buys or sells experiences on our site, he/she thereby enters into a contract with the company Something’s Burning, SL, with Spanish Tax Identification Number (NIF) B 6719236 and located in Barcelona at Vía Laietana, 38 Principal, with telephone number +34 685 230 12 and email admin@football host.com
Hereinafter, we shall refer to Something’s Burning, SL, as “Footballhost”, “we”, “us” or “our”.
In order for Something’s Burning to perform the service on the website www.footballhost.com, it is mandatory for both the host and the customer to register on the platform. This entails the acceptance of each and every one of these terms and conditions.
The user, by accepting these conditions, certifies that he/she complies with all national and international laws of any kind that are applicable to the use of the site (web) and the use of prices and products, as imposed by the law in the territory where the sale is made. In order to register as a user, the interested party must be of legal age and have full legal capacity to act. To proceed with registration, the user must provide the following information:
- Name and surname
- Email address
- Contact telephone
- Log-in password
Username and password
The Username shall be the email address supplied; the password is secret and personal, and chosen by the user when he/she registers on the platform. The user shall be fully liable for the safeguard and security of the Username and password, and shall make use of the latter for all transactions carried out by means of their Username and password. The password may be modified by the user at any time.
Liability regarding information
The user is responsible for supplying authentic, exact and truthful information at the time of purchase or sale. The user declares and certifies that the information supplied to Something’s Burning does not breach any national and/or international regulations. The user also declares that the information supplied does not contain any virus or program designed to damage, tamper with, intercept or gain control over any personal data.
In any case, the user is the sole party liable for any false or inaccurate statements made and for damages of any kind caused to Something’s Burning, or to third parties as a result of said information. The user is also the sole party liable for the data provided in fulfilment of the instructions contained in the terms and conditions of use of the platform.
The user shall be the sole party liable for safeguarding the confidentiality of their account information and password, as well as for any activity in relation thereto.
Account closure or suspension
Something’s Burning SL, reserves the right of admission and exclusion from its platform should any user fail to comply with any of the terms and conditions or applicable legislation. This closure or suspension shall be reported to the email supplied by the user during registration pursuant to the platform’s criteria. In the former case, before closing the account, the user is obliged to conclude all operations committed to and pending, both as a host and as a customer. In any case, Something’s Burning reserves the right to unsubscribe from the platform any users pursuant to the foregoing, in so doing immediately cancelling any unmade sales or offers pending.
5- Our content and the use of the Football Host website
In addition to content generated by registered users, all of the elements included in the Something’s Burning websites and services (including, but not limited to, their content, graphics, applications, software, features, and other items) are the property of Something’s Burning (or the person from whom Something’s Burning licences it). The user acknowledges that he/she is not authorised to reproduce, distribute, copy, publish or imitate any part of Something’s Burning’s websites and services without the prior written consent of Something’s Burning.
6- Specific terms and conditions for Hosts
Something’s Burning provides an online platform that connects hosts who wish to offer football experiences to customers who wish to book these experiences. These experiences shall be accessible via the www.footballhost.com website and any other website on which Something’s Burning makes these experiences available.
Creation of host account
To be a host, the user must create a User account (see point 2.1 of these terms and conditions of use) and supply the following information:
- Date of birth
- Postal address.
- Representative profile photo.
- Language spoken
- If a physical person:
- Invoicing details
- National tax identity number
- Payment method:
-Mobile telephone number
- If a company:
-Business name for tax purposes
-National tax identity number
- Payment method:
- Credit card
-Mobile telephone number
Regarding the profile photograph, and all images used in the experiences, the host guarantees to Something’s Burning that it is not breaching any intellectual property law referring to a third party, and expressly authorises Something’s Burning to use said image.
The host undertakes to supply truthful, complete and honest information and to keep this information updated. Likewise, he/she agrees that the published content:
- Is his/her property or that he/she holds all necessary rights to it.
- Does not breach, contravene or infringe the rights of any third party, including any intellectual property rights, property of privacy, or rights of publicity.
- Is accurate, and is not obscene, false, libellous or defamatory.
- Does not cause damages to any person, organisation or system.
The host is the sole owner and party liable for any content it includes, but by entering this content in the platform grants a non-exclusive, worldwide, perpetual, irrevocable right to use, reproduce, distribute, create, display, store or publish the content in any media.
Consequently, Something’s Burning, SL is granted the right to use the user’s name or image in association with the user’s content. Also, to the utmost extent permitted by applicable law, the host waives his/her moral rights to the content and agrees not to exercise such rights against us.
The host shall hold Something’s Burning, SL non-liable for any claims arising from his/her user content.
Creation of host experience
The host, in order to publish an offer, must fill in the form containing fields describing the details of the experience, such as Event, Category and Section, number of tickets (if any), as well as all the restrictions or benefits thereto, with reference to each specific experience.
The conditions of the offered experience may be modified until they are acquired by a customer in a transaction on the platform, at which time they shall be definitively set.
Definition of experiences
It is the responsibility of the host to define the offer of the experience accurately and truthfully. The information that the offer must contain is:
- Date and time of the experience
- Meeting place with the customer
- Maximum number of people who can enjoy the experience
- Price per customer. Something’s Burning’s fee shall be subtracted from this amount, plus any taxes that are applicable thereto.
Something’s Burning shall check the coherence of the supplied information before it is accepted for publication on the platform, but in no case is it liable for the fact that the experience advertised by the host is not the one eventually carried out, the host being the sole party liable for any non-compliance.
Modification of the offer
The terms and conditions of sale may be modified up until such time as they have been accepted by another user, at which time they shall be definitively set.
Free nature of the offer.
Publication of the offer shall be free for the seller, who shall accrue only the intermediation commission, in the event that the tickets are effectively sold.
Obligations of the host
All hosts must observe the principles of respect, tolerance and non-discrimination.
The definition and publication on the Football Host website of an experience constitutes a pre-contractual offer. As soon as the host accepts a user as a customer, this pre-contractual offer becomes contractual, binding both parties.
The contract between host and customer does not include, under any circumstances, Something’s Burning, SL. Consequently, in the event that either of the two parties fails to comply with its obligations, Something’s Burning shall not be held liable, and shall be exempt from any possible claim or compensation.
We advise the host to be informed of fiscal, administrative or any other laws that may affect them. Something’s Burning is not liable for the host’s compliance with these laws. Likewise, the host must respect the legislation of the location where the experience takes place.
Footballhost does not guarantee that the experiences shall be sold, or that the advertisement will appear on the site within a specific period of time after its publication, or in a specific order on the page or in search results. Footballhost shall not, under any circumstances, provide compensation for unsold experiences, including if due to unavailability of the website due to outage or maintenance or late publication of tickets.
7.- Specific terms for customers
Notwithstanding compliance with any requirements set forth by the host (such as fulfilling any verification procedure), the customer may book an advertisement available on the www.footballhost.com platform by following the corresponding booking process. Before booking an experience, the customer shall be presented with the final price of the experience and the applicable intermediation fee payable to Something’s Burning.
Upon receipt of a booking confirmation from Football Host, a legally binding contract is entered into between the customer and the host, subject to any additional terms and conditions that the host might apply, including in particular the corresponding cancellation policy and whatever rules and restrictions are indicated in the Advertisement.
Should the customer book an experience on behalf of additional customers, he/she agrees to ensure that each of said additional customers meets the requirements established by the host and declares that he/she is aware of and accepts these Terms and Conditions, as well as the terms and conditions, rules and restrictions indicated by the host. If booking for an additional customer who is not of legal age, the customer declares and guarantees that he/she is legally authorised to act on behalf of the said minor. Children may only participate in one of the host’s experiences if they are accompanied by an adult who is legally responsible for them.
The customer must carefully check the description of any Experience that he/she intends to book in order to ensure that he/she (and additional customers on whose behalf he/she books) meets the requirements of minimum age, aptitude, physical condition and other requirements that the host has indicated in the advertisement. The customer is required to inform the host of any medical or physical conditions and other circumstances that may affect their ability, or that of any additional guests, to safely participate in an Experience. In addition, certain laws shall also apply, such as the minimum age for the consumption of alcoholic beverages at the venue of the Experience. The customer is responsible for checking, understanding and complying with all laws, rules and regulations that are applicable to their participation in an Experience.
Before and during an Experience, the customer must act at all times in observance of the host’s instructions.
The customer may not bring any additional natural person to the Experience, unless the customer has added that person as an additional customer during the booking procedure on the Football Host platform.
Acceptance of an offer
The customer, in order to accept any offer published on the platform, must accept these terms and conditions and fill in all the required fields at the time of purchase. Acceptance of an offer by a customer binds him/her to all the conditions thereto; at the time of this acceptance, the fees for Something’s Burning’s intermediation service shall be generated. By accepting the offer, the buyer expressly authorises Something’s Burning to proceed by charging for the entire transaction including the commission and taxes derived from the said intermediation commission. Something’s Burning, SL shall not be held liable for any subsequent agreements that may exist between customer and host.
Something’s Burning is not liable for the conditions under which the events are held, for possible changes in venue, time or artists or for any cancellation of the show. Under no circumstances shall the cost of the intermediation services performed be reimbursed. Something’s Burning shall make every possible effort to mediate should any unforeseen event occur. If the event is officially cancelled by the organisers, the orders shall also be cancelled and all amounts paid shall be reimbursed. However, if any event is modified (date, time, venue, programme or participants, among others), the order shall remain confirmed and no cancellations shall be accepted.
Confirmation of purchase
The customer will be sent, to the email supplied during registration, a confirmation of the purchase of the experience. This message shall serve as proof of the completed transaction between host and customer.
All transactions made on the platform are final and users hold no right of withdrawal once an offer has been accepted. The customer shall not be entitled to withdraw from the order at any moment of the procedure after accepting and paying the price of the offer on the platform. Likewise, the host must provide the experience once the customer has paid the purchase price by means of the platform, and does so bearing the risk of having to compensate the platform pursuant to the provisions of these terms and conditions.
By accepting these terms and conditions, the user acknowledges that he/she is aware that once the transaction has been accepted by Something’s Burning, he/she shall have lost his/her right of withdrawal.
Compliance with transactions
The host agrees to offer the experience as it was offered on the platform and the user agrees to pay the amount established in the advertisement.
The buying user, by accepting these terms and conditions, expressly agrees to the transfer of their personal details (name and surname, address, email and telephone number) by Something’s Burning SL to third parties in order to provide the intermediation services that are the purpose of this website, if necessary.
In the case of electronic tickets, the host must send these tickets directly to the customer’s email address within a maximum period of two days before the event.
Problems with offered experiences
Something’s Burning is not liable should the experience offered be different from the one offered on our website. For any claim, the customer shall have to contact the Host directly, Something’s Burning, SL thus being exempted from all liability, as it acts merely as an intermediary in the transaction.
Price of the intermediation service
The intermediation services performed by Something’s Burning by means of this platform shall consist of a commission that shall vary between 20% and 32%, depending on the rating of the seller who publishes the tickets. Payment of the aforesaid intermediation services shall be received by Something’s Burning, SL, at the time of booking on the platform by the customer.
The company may, at its discretion, change its commission rates at any time, including after the experience has been published.
Price of the experience
The price of an experience asked by a host shall be the sole and exclusive responsibility of that party, and Something’s Burning shall have no part in the setting thereof.
After the customer chooses their preferred experience, the total price of the published offer already includes the amount asked by the host of the experience, the intermediation commission payable to Something’s Burning, the taxes related to our service and any previously specified expenses, such as for example the delivery fee.
The host is responsible for determining whether any taxes should be included in the price of an experience and for charging and remitting such taxes.
All applicable taxes must be included in the sale price of the experience.
Likewise, the host agrees to supply Something’s Burning, SL with its tax identification number if necessary so that information can be supplied to the corresponding tax authorities in relation to the payments received.
Payment of the transaction to the host
The host shall receive the amount of the sale of their experience seven days after the event is held, by the payment method stated in the offer itself, as long as it is verified that the experience has taken place satisfactorily and there has been no incident in the performance thereof. Something’s Burning reserves the right to interrupt or withhold payment of any amount for any incident that breaches these terms and conditions, or breaches any applicable legislation.
Something’s Burning expressly prohibits the sale of stolen products. Something’s Burning shall support and collaborate with the authorities for the recovery of stolen goods and the location of those responsible for selling them. Something’s Burning reserves the right to suspend or exclude any account suspected of being or implicated in any investigation of stolen property.
9.- Abuse of Football Host
By using our website and our services, the user agrees not to perform the following:
- Contact other users or suggest that they contact them for any reason other than the purpose for which the user’s contact information was received from Football Host, or solicit sales outside of the site.
- Use the buyer’s personal details for any purpose other than the delivery of experiences, unless the buyer agrees otherwise.
- Behave aggressively towards any employee or other user of the site.
- Breach the rules of any venue or event promoter, or breach the terms and conditions of service applicable to third parties.
- Breach or circumvent any laws, third-party rights, or our additional policies.
- Publish false, inaccurate, misleading, defamatory or libellous content.
- Fail to observe contractual obligations regarding the sale or purchase of an experience.
- Use the brand name Football Host without our prior written permission.
- Copy, reproduce, reverse engineer, modify, create derivative works or publicly display any content or software on our site or services without the prior written permission of Something’s Burning, SL and/or the corresponding third party, as applicable.
- Use any robot, web spider, scraper, or other automated means to access our site or services for any purpose without our express written permission.
- Perform any action that entails or might entail an unreasonable or disproportionately large burden on our infrastructure.
- Tamper with or attempt to tamper with the proper operation of our site or services or any activity performed on or with our site or services.
- Perform any other action that Something’s Burning, SL determines, at its sole discretion, to be an abuse of the site or services, or to otherwise have a negative impact on the trading platform.
In our effort to protect buyers and sellers, we may screen sales or advertisements of experiences for signs of fraud by means of algorithms or automated systems, which may result in automatic cancellation of advertisements or sales and temporary or permanent suspension of an account.
If we cancel your transaction or account in error, please contact us and we may re-enable your account or advertisement, at our discretion.
10.- Breach of the terms and conditions of use
- Something’s Burning, SL, may investigate any potential or suspected breach of the terms and conditions of use, additional policies, security protocols or recommended practices, third party rights or applicable legislation; any action or any other misconduct or potential abuse of or by means of the services. When assessing what action to take against the user, we shall take into account the latter’s legitimate interests and, in particular, whether the user is responsible for the misconduct.
- Appropriate action may be taken, at our reasonable discretion, for any misconduct. These measures may include, but are not limited to, limitation or suspension, temporarily or permanently, or termination of our services and accounts; restriction or prohibition of access to our site and/or services and all actions related thereto; removal of advertisements; requirement for advertisements to be edited; cancellation of sales; requirement for tickets to be delivered to a buyer within a specified time-frame; delay or removal of hosted content; removal of any special status associated with an account; charge via the agreed payment method of any amounts due or costs incurred due to misconduct and any technical or legal measures to prevent usage of our site and/or services.
- We reserve the right to report any activity that we believe to be illegal or that otherwise breaches these Terms and Conditions of Use, and shall respond to any verified request related to a criminal investigation (for example, subpoena, court order, or substantially similar legal proceeding) from domestic or foreign law enforcement agencies or regulatory authorities, other government officials or authorised third parties.
11.- Insurance, disputes, resolutions and cancellations
All transactions made on the platform are final and users have no right of withdrawal once an offer has been accepted. The client may not withdraw from the order at any moment of the
procedure after accepting and paying the price for the offer on the platform.
By accepting these conditions, the user acknowledges that he/she is aware that
once the transaction has been accepted by Something's Burning, he/she will have lost his/her right of withdrawal.
Something's Burning is not liable should the experience offered differ from the one advertised on our website. For any claim, the client will have to contact the Host directly, exempting Something's Burning, SL from all liability, the latter party acting merely as a mediator of the transaction.
Nevertheless, Something's Burning, SL makes its website available to all users so they can express their complaints or comments about the contracted services.
Something’s Burning, SL, has a civil liability policy for all damages for which it is liable directly or in a subsidiary manner, both with regard to its own acts and omissions, as well as those of its employees or persons for whom it is legally responsible.
In any case and in complement to uninsured matters of a general nature, the coverage of these risks does not cover:
- Damages caused by service providers not contracted directly by the insured party and included from the beginning in the travel schedule.
- The direct civil liability required of the companies providing the services (carriers, hotels, other service providers) contracted by the insured travel agency and when the damages occurred in the course of the provision thereof.
- Claims and damages arising from risks associated with road, waterborne or air traffic.
12.- Liability and limit of liability
Football Host offers no guarantee with regard to its software, service, site, tickets, events or user content, or that sellers or buyers will fulfil their agreements.
Consequently, to the greatest extent permitted by applicable law and except as specifically provided for in these Terms and Conditions of Use, Something’s Burning, SL is exempt from any liability, and is safeguarded against any type of claim.
Likewise, Something’s Burning, SL, is not liable for:
- Special, indirect or consequential damages.
- Loss of profits, goodwill or reputation or other intangible losses.
- Damages related to:
- . Access to, use of, or inability to access or use the site or service.
- Viruses or other harmful software obtained as a result of access to our site or services.
- Any user content or host content.
- The duration or the manner in which advertised experiences are displayed on the site.
- The fulfilment of obligations by the host and the buyer.
- Cancellation and suspension
Something’s Burning, SL, reserves the right to modify, suspend or close, temporarily or permanently, with or without notice, the provision of the intermediation service by the www.footballhost.com platform. Something’s Burning does not guarantee continued access to and availability of the operation of any or all parts of the platform. Something’s Burning is exempt from any and all liability for damages that may occur due to the unavailability or interruption of the platform and the services offered.
14- Applicable law and jurisdiction
The provision of the service of this website and these Terms and Conditions of Use are governed in each and every one of its dispositions by common Spanish and commercial law, where applicable. The parties shall submit any disputes arising from the fulfilment and interpretation of these Terms and Conditions to the competent Courts and Tribunals pursuant to the Spanish Civil Code. Notwithstanding the foregoing, the parties shall endeavour to do everything reasonably necessary to resolve conflicts amicably.
The user acknowledges and agrees with Something’s Burning that both parties are waiving the right to participate as a plaintiff or participating member in any purported collective action, collective arbitration, private claim to the attorney general, or any other representative procedure with regard to any dispute.
15- General dispositions
- These Terms and Conditions of Use constitute the entire agreement between the parties with respect to the purpose hereof and override all prior agreements and understandings, oral or written, between the parties hereto with respect to the purpose of these Terms and Conditions of Use. No amendment, modification, or supplement to any provision of these Terms and Conditions of Use shall be valid or effective unless made in accordance with the express terms of these Terms and Conditions of Use.
- If any provision of these Terms and Conditions of Use is deemed to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of these Terms and Conditions of Use shall not be affected.
- We may assign or transfer our rights and obligations under these Terms and Conditions of Use at any time, provided that we assign the Terms and Conditions of Use on the same terms or on terms that are no less advantageous to the user. These Terms and Conditions of Use or any of the user’s rights or obligations may not be assigned or transferred without our prior written consent, which we may refuse at our discretion.
- Nothing set forth in these Terms and Conditions of Use is intended to confer benefits, rights or resources on any person or organisation other than the parties hereto and their respective successors and assignees as duly permitted.
- The title of each paragraph of these Terms and Conditions of Use is included for reference only, and does not define, limit, construe or otherwise describe the scope of the said paragraphs.
- Our failure to act in connection with a breach of these terms and conditions by users does not invalidate our right to act in connection with subsequent or similar breaches. We do not guarantee that we shall take action against all breaches of these Terms and Conditions of Use.
16- Force majeure
Something’s Burning, SL, shall not be deemed to have breached or to be liable under these Terms and Conditions of Use due to its inability to meet its obligations due to any fire, earthquake, flood, snowstorm, epidemic, pandemic, accident, explosion, theft, strike, lockout, labour dispute, riot, civil unrest, terrorism, cyberterrorism, fortuitous event, natural disaster, or any local, national or international administrative or judicial order or law, or for any other circumstance not attributable to the service and that is beyond the control of Something’s Burning, SL.
The user undertakes to not to hold Something’s Burning, SL, its subsidiaries, associates, directors, agents and other partners and employees liable with regard to any damage, liability, claim or requirement, also including reasonable legal fees, by any third party and that is derived from or caused by the use by the user of the website.
16.1 Data security.
The ticket sales system uses a secure server and the latest encryption technology. A secure server guarantees the privacy of data sent over the internet. This privacy is achieved using the SSL protocol, which works by encrypting data sent using the RSA encryption system when it is located in a secure area of a browser.