Music festivals have become the great leisure attraction among Spaniards and an attraction for international tourism.. It is a multimillion-dollar business – it is estimated that, from ticket sales alone, it has a turnover of more than 300 million euros annually – that leaves considerable direct and indirect economic benefits in the cities that host them throughout the national territory.. But the rise of recent times and the concentration of the organization of events in fewer and fewer promotional companies is leading to a series of widespread practices that violate consumer rights and that develop every summer in the face of the passivity of the regional and local authorities.
The prohibition of accessing the premises with food and drink from outside or the imposition of cashless bracelets as the only payment method are some of the most widespread practices that have set off alarms in consumer associations.. In these three summer months alone, the avalanche of complaints has reached nearly fifty festivals held in different Spanish cities.
The main promoter of these complaints in defense of consumer rights has been Facua. Last June, with the start of the high festival season, a series of claims began against several companies promoting festivals such as Interstellar in Seville or Boombastic, which is held in several Spanish cities.. The reason? Prevent entry with food and drink from outside.
From Facua they then pointed out that “participants have the right to bring in food and drinks from outside, given that the main activity of these events is not hospitality, but rather the celebration of musical shows, so this prohibition on access to the venue is not necessary for the correct achievement of its activity”. And they demanded that the competent administrations at the regional and local levels develop controls over the events held in their territory and open disciplinary proceedings against those who engage in this abusive practice.
However, “companies have continued to commit these irregularities due to the inaction of the regional and municipal authorities,” denounces Rubén Sánchez, general secretary and spokesperson for Facua.. He clarifies, however, that the Ministry of Consumer Affairs did open a file on a specific festival because it is celebrated in a dozen Spanish cities, so the department headed by Alberto Garzón does have the capacity to act in this case as it is irregularities that occur in several autonomous communities.
It was the first opening of a sanctioning file by the Ministry, which acquired the powers to fine this type of fraud in May 2022.. Specifically, it was directed against the organizing company of the Reggaeton Beach Festival, for including among its mandatory clauses the prohibition of accessing the venue with food or drink from outside.. It also opened an investigation into possible infractions for practices that may be considered abusive towards the consumer, related to the payment system through cashless bracelets, given the prohibition of paying in cash and the incorrect reimbursement of unconsumed amounts.
The promoter of this reggaeton festival (DQG Norte, AIE) is the only one facing a sanctioning procedure from the Government, but consumer complaints are directed at dozens of companies. The organizers of the Medusa Sunbeach Festival, Dreambeach Villaricos, Sonorama Ribera, Granada Sound, Bilbao BBK Live Festival and Mad Cool are just some of those accused of incurring this type of abusive clauses.. The latest complaint has been directed against the Jardín de las Delicias festival, held in Madrid.
Legal uncertainty
Mónica Muñoz, lawyer at Ceca Magán and expert in consumer law and advising companies on different matters, analyzes the problem from a legal point of view. He regrets that these are “common” practices, which until now have been allowed, but considers it necessary that, from now on, they “be analyzed.”
For now, the only sanctioning procedure opened by Consumption must continue its course and, if the company decides to appeal the sanction, it will be a court that decides whether or not the clause is abusive.. The lawyer sees here an opportunity to issue “an exemplary ruling” that sheds light on these controversial practices and on consumers' ability to defend themselves against companies.
And in general, Muñoz considers that companies face “great legal uncertainty” in this area due to the “great regulatory diversity at the level of autonomous communities.”. What is clear is that the prohibition of payment in cash constitutes an infraction because the current regulations make it clear that payment in cash cannot be prevented.
The prohibition of bringing food or drink from outside or the imposition of cashless bracelets are some of the most reported practices.. But there are many more, such as the cancellation of previously advertised performances, the obstruction of the right of consumers to file complaints by not providing the basic information required by law on the event website, the request for protected data from attendees. about their health or even discrimination against attendees with reduced mobility.
In 2022, consumer associations have already reported more than twenty festivals for engaging in this type of practice.. A striking case is that of the promoter of the Dream Summer Festival, reported for not including the legal notice on the website, leaving the user in a defenseless situation as they do not have information to be able to exercise their right to complain.. Facua denounced the company in June of last year and in August of this year the Secretary of State for Digitalization and Artificial Intelligence of the Ministry of Economic Affairs imposed a fine of 3,160 euros.