Black Is Back: 12 festivals now have been reported by FACUA for blocking access to food and drink

The association is considering the involvement of abusive clauses, since the main function of the event is concert performances rather than hospitality.

Black Is Back: 12 festivals now have been reported by FACUA for blocking access to food and drink

FACUA-Consumers in Action have filed a report against Black is Back Festival, which takes place from 21 to 22 June in Madrid, for preventing access to food and water from outside the venue. The report was presented to the General Directorate of Commerce and Consumer Affairs of the Community of Madrid.

Including Black is Back, FACUA and its territorial organisations have reported twelve festivals for the same reasons in 2019. These last few weeks, reports have been filed against the organisers of Interestelar Sevilla, Madrid's Tomavistas, Iruña Rock Festival, Alicante's Spring Festival, Palencia Sonora, Valencia's Festival de Les Arts, Viscaya's BBK Music Legends Fest, Vitoria's Azkena Rock, Paraíso Festival, Compostela's O Son do Camiño, as well as demanding Cordoba's town council allow access to food outside the venue for Rosalía's concert on the 15th. The reports have been presented to the respective autonomous authorities of Consumer Affairs.

In the legal terms and conditions on their website, Black is Back includes "no entry allowed with food and drink", which FACUA reads as being a possible abusive clause, since the main function of the event is manifesting concert performances not hospitality, besides, food and drink is available to purchase inside the venue.

Thus, FACUA recalls once again that the revised text of the General Law for the Defence of Consumers and Users considers not allowing entry with food or drink from outside a venue to be an abusive clause according to article 82.1, which establishes as such all those practices that cause "a significant imbalance of the rights and obligations of the parties that derive from the contract".

Similarly, the Commission for Consumer Cooperation established in their consultation (number 5) of the year 2000 that "the clauses in which consumers are imposed limitations on the acquisition of products without being based on objective circumstances, should be considered abusive".

The association also notes that a ruling of the Superior Court of Justice of Castilla-La Mancha on the prohibition of entering theatres with food and drink, says that "it is unreasonable to understand the limitation of the consumer's choice" and that "if the possibility of accessing the room in question is limited depending on the origin of the products and only those acquired within the venue can be consumed, it is indirectly forcing the use of services that in principle have not been requested but are forced to seek from the company itself".

In addition, the Spanish Agency for Consumer Affairs, Food Safety and Nutrition (Spanish acronym Aecosan) published in 2016 a report, also related to the prohibition in cinemas, in which it concluded that there was an "abusive clause" since the consumer "is deprived of the main benefit, unjustifiably, having paid entry, based on a limitation imposed unilaterally on an accessory service that was not requested, and taking into account that the basic activity of the company is not the sale and distribution of food and drink".

FACUA asks users who attend this or any other event of this type, such as certain cinemas and amusement parks, in which such prohibition is established, to inform the association to make appropriate complaints against the companies responsible for the same misconduct.