Terms Effective as of June 11, 2020
Ticket Terms and Conditions
Acceptance of Terms
Papas&Beer reserves the right to modify these TTOU at any time in our sole discretion, which shall be effective upon posting at the papasandbeer.com website. You can review the most current version of the TTOU at www.papasandbeer.com. If any modification is unacceptable to you, your only recourse is to not use our service. Your continued use of our service following any modification will constitute binding acceptance of the changes.
Use of the Service
You must be at least eighteen (18) years old to use this Service. You must comply with all of the terms and conditions of this TTOU, all applicable laws, rules, and regulations whenever you use this Service.
You agree to pay the ticket price plus any applicable non-refundable surcharges or other fees imposed by Papas&Beer and/or the Event Promoter. Papas&Beer accepts payment by most major credit cards and debit cards, such as Visa, MasterCard, American Express, and Discover. All payment information is transferred via an SSL (Secure Socket Layer) connection. This functionality is denoted by a padlock symbol at the bottom of your browser and ensures secure transmission of the encrypted data.
You may be limited to a certain number of tickets when purchasing tickets from Papas&Beer. This limit on tickets is set by Papas&Beer, in its sole discretion, and is posted during the purchase process and will be verified during each transaction. If you are a member of Papas&Beer community or fan club, you may be allowed access to certain tickets or ticket packages. Papas&Beer, in its sole discretion and without prior notification to you, reserves the right to block your access to or cancel your ticket order if it: (i) is associated with any ticket broker or scalper, (ii) utilizes automated means to process or place ticket orders, (iii) exceeds the stated ticket limit, (iv) is purchased for purposes other than to attend the event, or (v) has violated the terms of Papas&Beer membership rules.
Papas&Beer reserves the right to modify its ticket prices from time to time. Notwithstanding the foregoing, if the amount you pay for a ticket is incorrect regardless of whether because of an error in a price posted by Papas&Beer or otherwise communicated to you, or you are able to order a ticket before its scheduled sale or presale date or you are able to order a ticket that was not supposed to have been released for sale, then Papas&Beer will have the right to cancel that ticket (or the order for that ticket) and refund to you the amount that you paid. This will apply regardless of whether because of human error or a transactional malfunction of Papas&Beer’s Website or Service.
Papas&Beer reserves the right, in their sole discretion, to refuse to transact with you if fraudulent use of your credit or debit cards is suspected. Papas&Beer reserve the right, in their sole discretion, to refuse to transact with you if you reside in any country where fraudulent use of credit or debit cards is considered to be an excessive risk.
Specific Additional Terms for Nightclub and VIP Table Reservations
If your purchase includes a Pre-Paid Table or Table Package, please note that Gratuity and Sales Tax (where applicable), are NOT included in the package price. Additional people in your group will result in additional cost. All reservations must be made using a major Credit Card, such as Visa, MasterCard, American Express, and Discover. No personal checks are accepted. Your reservation will be confirmed via email, and your credit card will be processed and charged for 100% of your Table Package. ALL SALES ARE FINAL. No transfers.
Check-In Policy for Nightclub, Dayclub and VIP Tables Packages
IN ORDER TO BE GRANTED ACCESS, YOU MUST PRESENT YOUR CONFIRMATION PRINTOUT CONTAINING YOUR SECURITY BARCODE OR DISPLAY IT ON YOUR PHONE SCREEN FOR SCANNING, ALONG WITH A GOVERNMENT-ISSUED PHOTO ID MATCHING THE NAME ON THE BARCODE CONFIRMATION AND THE CREDIT CARD USED FOR THE TABLE PURCHASE.
BECAUSE THE CREDIT CARD USED FOR THE TABLE PURCHASE MUST BE PRESENTED UPON ENTRY, ALL INDIVIDUALS WHOSE ENTRY WAS PAID FOR ON THE SAME CREDIT CARD MUST ENTER TOGETHER, WITH THE CREDIT CARD HOLDER WHO PURCHASED THE TABLE, UNLESS OTHERWISE MUTUALLY AGREED BY THE CARDHOLDER AND THE VENUE IN WRITING. GUESTS NOT COMPLYING WITH THIS CHECK-IN POLICY WILL NOT BE ADMITTED.
NO FURTHER CHARGES TO THE CREDIT CARD USED FOR PURCHASE WILL BE PERMITTED WITHOUT THE CARDHOLDER BEING PRESENT. AT THE TIME YOUR TABLE IS SAT, YOU WILL BE REQUIRED TO PROVIDE THE SAME OR A DIFFERENT CREDIT CARD FOR INCIDENTALS (INCLUDING BUT NOT LIMITED TO GRATUITY).
TO GUARD AGAINST FRAUDULENT CHARGEBACK CLAIMS, A PHOTOCOPY OF YOUR CREDIT CARD WILL BE MADE AT THE TIME OF ENTRY AND KEPT ON FILE FOR 3-6 MONTHS AFTER THE EVENT, AFTER WHICH IT WILL BE DESTROYED.
YOU MUST CHECK IN BEFORE 11:00PM – IF YOU FAIL TO CHECK IN BEFORE 11:00PM, YOUR TABLE MAY BE RELEASED TO OTHER GUESTS.
FOR TABLE PACKAGES, IF YOU CHECK IN AFTER 11:00PM AND YOUR TABLE HAS BEEN RELEASED BUT OTHER TABLES OF EQUAL OR LESSER VALUE ARE STILL AVAILABLE, YOU MAY BE SAT AT SUCH ALTERNATE TABLE. IF YOU CHECK IN AFTER 11:00PM AND YOUR TABLE HAS NOT BEEN RELEASED TO OTHER GUESTS, YOU MAY STILL BE SEATED AT YOUR TABLE. TABLE LOCATION IS ASSIGNED UPON ARRIVAL AND IS NOT GUARANTEED IN ADVANCE. THERE ARE NO REFUNDS FOR TABLE PACKAGES – ALL SALES ARE FINAL.
FOR PRE-PAID VIP TABLES, IF YOU CHECK IN AFTER 11:00PM OR AFTER NOON FOR DAY PARTIES, AND YOUR TABLE HAS BEEN RELEASED BUT OTHER TABLES OF EQUAL OR LESSER VALUE ARE STILL AVAILABLE, YOU MAY BE SAT AT SUCH ALTERNATE TABLE. IF YOU CHECK IN AFTER 11:00PM OR AFTER NOON FOR DAY PARTIES, YOUR TABLE HAS BEEN SOLD AT A VALUE EQUAL OR GREATER TO THE AMOUNT YOU PAID, AND THERE ARE NO TABLES OF EQUAL OR LESSER VALUE AVAILABLE, YOU WILL RECEIVE A REFUND. IF YOU CHECK IN AFTER 11:00PM OR AFTER NOON FOR DAY PARTIES, YOUR TABLE HAS BEEN SOLD FOR LESS THAN THE AMOUNT YOU PAID, AND THERE ARE NO TABLES OF EQUAL OR LESSER VALUE AVAILABLE, YOU WILL RECEIVE A PARTIAL REFUND CONSISTING OF THE AMOUNT YOU PAID FOR THE TABLE, MINUS THE DIFFERENCE BETWEEN THE AMOUNT YOU PAID FOR THE TABLE AND THE AMOUNT FOR WHICH THE TABLE WAS RESOLD. IF YOU CHECK IN AFTER 11:00PM OR AFTER NOON FOR DAY PARTIES, AND YOUR TABLE HAS NOT BEEN RELEASED TO OTHER GUESTS, YOU MAY STILL BE SEATED AT YOUR TABLE. IF YOU FAIL TO CHECK IN AND YOUR TABLE IS NOT RESOLD, YOU WILL NOT RECEIVE ANY REFUND.
Check-In Policy for Nightclub, General Admission or Weekend Packages.
FOR GENERAL ADMISSION OR WEEKEND PACKAGES, IN ORDER TO BE GRANTED ACCESS, YOU MUST SUBMIT YOUR ELECTRONIC TICKET PRINTOUT CONTAINING YOUR SECURITY BARCODE OR DISPLAY IT ON YOUR PHONE SCREEN FOR SCANNING VALIDATION, ALONG WITH A GOVERNMENT-ISSUED PHOTO ID MATCHING THE NAME ON THE TICKET. THE UNIQUE BARCODE CONTAINS THE TOTAL QUANTITY OF TICKETS PURCHASED FOR EACH ONLINE TRANSACTION. ONLY ONE PRINTOUT WOULD BE NECESSARY IF ALL THE GUESTS ARE ARRIVING AT THE SAME TIME.
If you do not receive a confirmation e-mail containing your electronic ticket after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your sole responsibility to confirm with customer service whether or not your order has been placed. Papas&Beer will not be responsible for losses (monetary or otherwise) if you believe that an order was or was not placed because you failed to receive confirmation.
For support please submit a support request at: https://www.papasandbeer.com/rosarito/contact/
Entry to Event
You agree to present government-issued photo identification to gain entry to an event, subject to the terms of this TTOU. Mexico Matricula Consular IDs, United States issued IDs stamped “Not For Identification”, International Student IDs, International Drivers Documents (License), Handwritten Passports, and Passports issued when you were a child or teen will not be accepted.
You agree that each ticket you purchase is a license to attend a specific event and is subject to the additional terms printed on that ticket. You agree that you will not attempt to evade, avoid, or circumvent those additional terms in any manner with regard to any ticket purchased by you. Papas&Beer or its agents, affiliates, and authorized representatives reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct Papas&Beer or its agents, affiliates, or authorized representatives deem disorderly, who uses vulgar or abusive language or who fails to comply with Papas&Beer rules. Breach of terms or rules will terminate your license to attend the event without refund. Papas&Beer or its agents, affiliates, and authorized representatives reserve the right to refuse admission for any other reason by issuing a refund to you for the ticket’s face value paid. A ticket is not redeemable for cash.
To gain entry to an event, you must consent to a search of you and your belongings and waive any related claims that may arise, to the extent permitted by law. If you elect not to give consent to such searches, you may be denied entry to the event without refund or other compensation. Under certain facility rules, you agree that certain items may not be brought into the premises, including without limitation, firearms, weapons, alcohol, drugs, controlled substances, cameras, recording devices, bags, backpacks, and containers. You agree that an object considered to be a weapon will be confiscated prior to entry.
Papas&Beer reserves the right to change event dates, times, venues and subject matter, which are listed on the ticket. You agree to verify the most recent changes
Ticket Refunds and Ticket Exchanges
You agree to carefully examine your ticket order prior to completing the purchase transaction. Unless otherwise stated in these TTOU, all ticket sales are final. Papas&Beer generally prohibits issuing refunds or exchanges after a ticket has been purchased or for lost, stolen, damaged, destroyed, or invalidated tickets. Without limiting the generality of the foregoing, you agree not to contact Papas&Beer to seek a refund or exchange from Papas&Beer. And you agree not to dispute or otherwise seek a “chargeback” from the credit card company you used to purchase tickets from Papas&Beer. Should you do so, you agree that your tickets may be cancelled, and Papas&Beer may, in its sole discretion, refuse to honor pending and future ticket purchases made from all credit card accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated credit card or who otherwise breaches this provision from using the Service.
If Papas&Beer issues you a refund for a ticket, it will issue a refund of the ticket’s face value paid. In no event will any other fees or amounts be refunded. If a refund is issued, it will be issued using the same method of payment that was used to purchase the tickets. If a credit card was used to make the refunded purchase, then only that actual credit card will receive the credit for the refund. Papas&Beer will not be liable for travel or any other expenses that you or anyone else incurs in connection with a cancelled or postponed event.
Cancelled Events and Postponed Events
Papas&Beer reserves the right to cancel or postpone an event. Cancelled and/or postponed events will, at Papas&Beer sole discretion, be rescheduled within twelve (12) months of the date of the original event, or event credit, venue credit, a refund or ticket exchange will be offered. Papas&Beer is not obligated to issue a refund. In order to receive a refund or an exchange that may be offered, you agree to comply with the Papas&Beer instructions or deadlines.
Event credits are linked to your email addresses. Event Credit and can be applied towards the purchase of future party package(s) at checkout. Exclusions apply. Credits are awarded on a case by case basis and when events are cancelled or postponed. Event Credits do not hold any cash value and are not transferable. The resale of Event Credit is not prohibited.
Venue credits are linked to your email addresses. These can be redeemed onsite at the Papas&Beer Rosarito venue.
Venue Credits do not hold any cash value and are not transferable. The resale of Venue Credits is not prohibited. Venue credits can be used at the Cantina, inside the venue for food and drinks, and at the Clothing Store.
Recording, Transmission and Exhibition
You agree not to record or transmit, or aid in recording or transmitting, any description, account, picture, or reproduction of the Event. You agree that the Event for which you purchase tickets is a public event, that your appearance and actions inside and outside the venue where the Event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the Event. You grant permission to Papas&Beer, AAA Baja Inc, and their subsidiaries, parent entities, and partners to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the Event (regardless of whether before, during or after play or performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.
Re-Sale of Tickets; Commercial Purposes
You agree that unlawful resale of Papas&Beer tickets is grounds for seizure and cancellation without refund. You agree that a ticket shall not be used for commercial purposes, including, but not limited to advertising, promotions, contests or sweepstakes, unless Papas&Beer gives you prior written authorization of such use.
Modifications to Service
Papas&Beer reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Papas&Beer shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Papas&Beer Intellectual Property Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Papas&Beer and/or its affiliates own the intellectual property rights to any and all protectable components of the Software and Service, including but not limited to the name, logo and/or slogans of the Service (trade names, trademarks, service marks), artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation
You may not copy, sell, resell, modify, adapt, reproduce, distribute, reverse engineer, decompile, exploit, make derivatives, dissemble any aspect of the Service, or engage in similar activities without the express written consent of the appropriate party. Subject to your compliance with these TTOU and provided you are eligible to use the Service, Papas&Beer grants you a limited, revocable, non-exclusive, nontransferable license to use the Service for its intended purposes and to download or print a copy of any portion of the Service to which you have properly gained access solely for your personal, non-commercial use, provided you keep all copyright or other proprietary notices intact. Papas&Beer reserves all rights not granted hereunder.
Representations and Warranties
You represent and warrant that all information you provide, including but not limited to all information concerning your name, address, credit card number, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes. You agree that you will only use credit cards belonging to you, friends or immediate family members who expressly authorize such use, for the purpose of purchasing tickets. You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol (“IP”) addresses or email addresses to use or to purchase tickets in connection with this Service.
You agree to indemnify and hold Papas&Beer, AAA Baja Inc, and each of their respective subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your breach or violation of the TTOU, your violation of any rights of another, or your conduct at the event.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Papas&Beer EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT.
Papas&Beer MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Papas&Beer AND/OR EVENT PROMOTER OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TTOU. all sales are made on as is and with all faults basis. the entire risk as to the quality and performance of anything purchased is with you, the buyer. should any items purchased prove defective following their purchase, the buyer (You) and not the manfacturer, distributor, or retailer assumes the entire cost of all necessary servicing or repair.
Limitation of Liability
GUESTS EXPRESSLY ASSUME ALL RISK INCIDENT TO THE EVENT AND PERFORMANCE, WHETHER OCCURRING PRIOR TO, DURING OR SUBSEQUENT TO THE ACTUAL PERFORMANCE, AND AGREE THAT AAA BAJA INC, Papas&Beer, THEIR SUBSIDIARIES, PARENT ENTITIES, AND PARTNERS, AND ALL OF THEIR MANAGERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS (“RELEASEES”), ARE HEREBY RELEASED FROM ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE PERFORMANCE, INCLUDING CLAIMS OF NEGLIGENCE, WHETHER RESULTING IN DAMAGE TO PERSON OR PROPERTY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT RELEASEES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATED TO, OR RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL RELEASEES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO Papas&Beer FOR THE SERVICES FROM WHICH THE CLAIM AROSE. YOU AGREE THAT RELEASEES ARE NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY EVENT PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH ANY ACTIVITY AT THE EVENT. YOU AGREE TO ASSUME ALL RISKS INCIDENTAL TO THE EVENT FOR WHICH A TICKET IS ISSUED, WHETHER BEFORE, DURING OR AFTER THE EVENT, AND YOU AGREE TO WAIVE ANY CLAIMS FOR PERSONAL INJURY OR DEATH AGAINST RELEASEES ON BEHALF OF YOURSELF.
All additional addendums to this TTOU shall be incorporated in and constitute parts of this TTOU. This TTOU, any applicable additional Terms and Conditions, and the additional addendums, each amended from time to time, constitute the entire understanding between the parties in relation to the subject matter and supersede all prior discussions, agreements and representations, whether oral or written and whether or not executed by you or Papas&Beer. No modification, amendment or other change may be made to this TTOU or any part thereof by you unless reduced to writing and executed by an authorized representative of Papas&Beer. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. You may not assign this TTOU or any rights or obligations of yours under this TTOU, in whole or in part, without the express written consent of Papas&Beer. Papas&Beer may freely assign this TTOU and may contract with additional users. The TTOU and the relationship between you and Papas&Beer shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Clark County, Nevada, and you explicitly consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Las Vegas, Nevada. The failure of Papas&Beer to exercise or enforce any right or provision of the TTOU shall not constitute a waiver of such right or provision. If any provision of the TTOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TTOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the TTOU must be filed within two (2) years after such claim or cause of action arose or be forever barred. The section titles in the TTOU are for convenience only and have no legal or contractual effect.
Coronado 400, Playas Rosarito
22710 Rosarito, B.C., Mexico