He sees the 10-day period for carrying out this procedure as too short, “which harms the consumer and enriches the organization”.
MADRID, July 20 (EUROPA PRESS) –
FACUA has denounced Mad Cool Festival SL, the promoter and organizer of the music festival that took place in Madrid between July 6th and 10th, for charging users 1.5 euros as administrative fees to recover the money not used for their “cashless” wristbands were issued and only 10 days to request their return.
These bracelets could be recharged with money electronically or on the site itself in the festival areas marked “Recharge Bracelets”, as this was the only payment method enabled at the festival, so attendees were not allowed to pay for their drinks with cash or card.
In addition, after the end of the festival, users will be charged 1.5 euros in administration fees if they request a refund of the money loaded on the bracelets that they have not spent, setting a minimum amount of 2 euros to request a refund be able.
In the same way, they have set a deadline of only ten days for Mad Cool participants to recover the remaining balance of their bracelets. The deadline is July 20 at 11:59 p.m.
WHAT DOES THE LAW SAY?
FACUA recalls Article 50 of Law 11/1998, of July 9, on the Protection of Consumers of the Community of Madrid, of which paragraph 5 mentions that “they may be in breach of technical, commercial and service standards, as well as in terms or techniques of sale and the delivery of goods or services, the conduct of transactions in which unjustified conditions, surcharges or unreasonable charges are imposed on the consumer, unsolicited ancillary services or minimum quantities and the non-acceptance of legally permitted or offered means of payment”.
In the same way, this article states in paragraph 8 that “the inclusion of unfair clauses in the general conditions of contracts and promotional offers, as well as the implementation of practices that consumers have not expressly consented to, which, according to the legislation in force, are unfair and violate their rights”.
Likewise, and in relation to the period of only 10 days to request the return of the money, Article 82.1 of Royal Legislative Decree 1/2007 of November 16, which approves the consolidated text of the General Law for the Protection of Consumers and Users and other complementary ones Laws (LGDCU), states that “any provision not individually negotiated and any practice not expressly consented to, contrary to the requirements of good faith, to the detriment of the consumer and the user, create a significant imbalance in the rights arising from the contract and obligations of the parties”.
For this reason, FACUA considers that Mad Cool’s organizing company “try in good faith by setting an excessively short deadline to the detriment of the consumer, which implies a blatant contractual imbalance, since if the user does not comply with the indicated data, the organization would unjustly enrich itself through the appropriation of a service that has not been finally rendered”.
For all these reasons, the association has filed a complaint with the General Directorate of Commerce and Consumption of the Community of Madrid, urging it to urge Mad Cool Festival SL to automatically return to consumers, without cash, the money that is in their bracelets ‘ , regardless of the amount they have.
In the same way, the regional body was also requested to open the file directing the possible violations that the company may have committed in this regard and to impose a sanction in case of proof of the violation of the law.