Music festivals have become the great attraction of leisure among Spaniards and a claim for international tourism. It is a multimillion-dollar business – it is estimated that, only from the sale of tickets, invoices more than 300 million euros per year – that leaves considerable direct and indirect economic benefits in the cities that host them throughout the national territory. But the boom of recent times and the concentration of the organization of events in fewer and fewer promoter companies is resulting in a series of widespread practices that violate the rights of consumers and that take place every summer before the passivity of the regional and local authorities.

The prohibition of access to the premises with food and drink from outside or the imposition of cashless bracelets as the only method of payment are some of the most widespread practices that have set off alarms in consumer associations. Only in these three summer months, the avalanche of complaints has reached about fifty festivals held in different Spanish cities.

The main driver of these complaints in defense of consumer rights has been Facua. Last June, with the kick-off of the high season of festivals, a battery of claims started against several companies promoting festivals such as the Interstellar in Seville or the Boombastic, which is held in several Spanish cities. The reason? Prevent entry with food and drink from outside.

From Facua they pointed out then that "the participants have the right to introduce food and drinks from outside, since the main activity of these events is not the hotel industry, but the celebration of musical shows, so this prohibition for access to the enclosure is not necessary for the correct achievement of their activity. " And they demanded that the competent administrations at the regional and local level develop controls on the events held in their territory and open disciplinary proceedings against those who incur 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 spokesman for Facua. He clarifies, however, that the Ministry of Consumer Affairs did open a file on a specific festival because it is held in a dozen Spanish cities, so the department directed by Alberto Garzón does have the capacity for action in this case when dealing with 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 for possible infringements for practices that may be considered abusive towards the consumer, related to the payment system through cashless wristbands, before the prohibition of paying in cash and the incorrect reimbursement of the amounts not consumed.

The promoter of this reggaeton festival (DQG Norte, AIE) is the only one that faces a sanctioning procedure from the Government, but consumer complaints are directed to dozens of companies. The organizers of the Medusa Sunbeach Festival, the Dreambeach Villaricos, the Sonorama Ribera, the Granada Sound, the Bilbao BBK Live Festival or the 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, held in Madrid.

Legal uncertainty

Mónica Muñoz, lawyer at Ceca Magán and expert in consumer law and advice to companies in different matters, analyzes the problem from the legal point of view. He regrets that these are "habitual" 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 Consumo must take 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 for "an exemplary sentence" to be issued that sheds light on these controversial practices and on the ability of consumers to defend themselves before 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 infringement because the current regulations make it clear that payment in cash cannot be prevented.

The prohibition of introducing food or drink from abroad or the imposition of the cashless bracelet are some of the most denounced practices. But there are many more, such as the cancellation of previously publicized performances, the hindrance of the right of consumers to file complaints by not providing the basic information required by law on the event's website, the request to attendees for protected data about their health or even discrimination against attendees with reduced mobility.

In 2022, consumer associations have already denounced more than twenty festivals for engaging in this type of practice. A striking case is that of the promoter of the Dream Summer Festival, denounced for not including the legal notice on the web, leaving the user in a situation of defenselessness by not having information to exercise their right to claim. Facua denounced the company in June 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.

  • Alberto Garzon