The English version of these legal agreements and policies shall be deemed the only current and legally binding version of this document. Translated versions are provided solely for convenience and to facilitate the reading and understanding of the English versions. Translated versions are not legally binding and do not replace the English version. In the event of any conflict or inconsistency, the English-language legal agreements and policies shall prevail in all circumstances.
1. GENERAL
1.1. The Service is offered through the website available at https://bestfiesta.es, hereinafter referred to as the “Site”. This Terms and Conditions of Service Agreement (the “Agreement”) shall be legally binding upon both the provider of the Service and the User as of the User’s first use of the Service.
1.2. By commencing use of the Service, the User unconditionally accepts the terms and conditions of this Agreement without reservation or exception. If the User does not agree with any part of this Agreement, the User must not use the Service.
1.3. The User must have reached the legal age of majority in the country where the Service is used, as further described in Section 5. If the User has not reached the age of majority, the User is not authorized to use the Service.
1.4. The Company reserves the right to amend this Agreement at any time, at its sole discretion and without prior notice. Any amendments to this Agreement shall become effective upon being posted on the Site. By continuing to use the Service after such posting, the User agrees to the amended Agreement. The Company recommends that Users review this Agreement regularly to ensure that they understand the terms applicable to their use of the Service. If the User does not agree with the amended Agreement, the User must cease using the Service.
1.5. This version of the Agreement shall take effect as of 10 February 2025 and shall remain in force until it is superseded by a subsequent version.
1.6. All time periods specified in this Agreement are based on the UTC‑5 time zone (Eastern Standard Time) or UTC‑4 (Eastern Daylight Time), depending on the time of year, unless otherwise stated. The beginning and end of calendar dates, including the commencement and expiration of any time period, shall be determined by the beginning and end of the relevant 24‑hour period in the UTC‑5/UTC‑4 time zone.
2. DESCRIPTION OF THE SERVICE
2.1. The Service enables the User to search for private providers of activity services and performing arts services or related fields (collectively, the “Artists”) that have entered into separate agreements with the Company. Performing arts include, without limitation, comedy, dance, theatre, burlesque, striptease and other entertainment performances, all intended to engage, entertain and delight the audience.
2.2. Upon completing the information request form for an Activity, a Show or a Private Dinner and Show Package, the User will receive details and communications regarding the requested service by e‑mail. Such information may include details regarding the Activity, the Show, the Private Dinner and Show Package, the available Artists, their availability and the corresponding prices.
2.3.1. The Show is offered exclusively for group bookings related to celebratory events and is not available for individual requests. The Company expressly states that the Service and all Shows provided by the Artists are entertainment performances only.
2.3.2. Performances such as Drag Queen Shows, Burlesque and Striptease are theatrical forms of entertainment involving dance, costuming and performing arts. Burlesque performances often feature exaggerated, playful and artistic acts, incorporating elements of humour, satire and, at times, parody. These performances typically include a combination of dance, singing and striptease and are designed to be joyful, fun and engaging for a group audience.
2.3.3. Striptease, which may be included as a component in certain performances, involves the gradual and artistic removal of clothing, intended to be sensual rather than explicit. It is important to emphasize that both burlesque and striptease performances are artistic and theatrical in nature and must be understood as forms of entertainment, not as sexual services. These performances are suitable for group settings and are intended to provide fun and enjoyment, creating an atmosphere of joy and celebration. The Company emphasizes that such performances must not be misconstrued as sexual activities or sexual services.
2.3.4. Upon submitting a request for an Activity, the User will receive offers from Activity Service Providers offering the requested services. The User will receive details regarding the activities available in the requested area and on the requested date, subject to availability. The Activity Service Provider will specify the essential and additional terms and conditions of the service, including the description of the service, its duration and other relevant details. If the User agrees to proceed with the activity or activities under the terms set out in the offer, the User may submit a request to the Activity Service Provider to supply the services. If the Activity Service Provider accepts the request, it will confirm its acceptance to the User. Once the User confirms the booking after receiving the Activity Provider’s acceptance, the activity service agreement shall be deemed concluded between the User and the Activity Provider, in accordance with the terms specified in the offer (the “Activity Service Agreement”). The terms and conditions relating to cancellation of the Activity by the Activity Service Provider or by the User, including the refund process in the event of cancellation, are set out in Section 4 below.
2.3.5. Upon submitting a request for a Show, the User will receive offers from Artists providing private artistic services (the “Show”). The User will receive information regarding the Artist available in the relevant area on the requested date, subject to availability. The Artist will specify the essential and additional terms and conditions for the provision of the service, including the description of the service, its duration and other relevant details. If the User agrees to engage the Artist on the terms set out in the offer, the User may submit a request to the Artist for the provision of services. If the Artist accepts the request (including the event details, date, time, location and the Show Price), the Artist will send an acceptance to the User. Once the User makes the booking after receiving the Artist’s acceptance, the artist service agreement shall be deemed concluded between the User and the Artist in accordance with the terms specified in the offer (the “Artist Service Agreement”). The terms and conditions for cancellation of the Show by the Artist or by the User, including the procedure for refund of the Show Price in the event of cancellation, are set out in Section 4 below.
2.3.6. Upon submitting a request for a Lunch or Private Dinner and Show Package, the User will receive offers from Restaurants providing a group menu and from Artists providing a private artistic performance after lunch or dinner (the “Private Dinner and Show Package”). Depending on the event location, the User will receive information regarding an Artist and a Restaurant in that area for the requested date, subject to availability. The private artistic performance is provided by the Artist, while the Restaurant provides the group menu. The terms and conditions for cancellation of the Private Dinner and Show Package by the Artist, the User or the Restaurant, including the procedure for refund of the Package Price in the event of cancellation, are set out in Section 4.
(A) The ability to obtain services from Artists, to book a Private Dinner and Show Package, or to book services through an Activity Service Provider does not render the Company the provider of the Artist’s service, the Restaurant’s service or the Activity service. When the User receives information regarding an Artist and accepts the terms of a specific service, including the Show Price, or when the User accepts the terms of the Private Dinner and Show Package or books an activity with an Activity Service Provider, the User enters into an Artist Service Agreement directly with the Artist, an agreement with the Restaurant for the group menu, or an agreement directly with the Activity Service Provider, as applicable, and not with the Company.
(B) The User may only use the Service to receive services from Artists, to book a Private Dinner and Show Package, or to book an activity with an Activity Service Provider if the User has reached the age of majority under the laws of the country where the Show, the Private Dinner and Show Package or the activity will take place. Users who have not reached such age may not use the Service. The User is also responsible for ensuring that all persons attending the Show, the Private Dinner and Show Package or the activity are of legal age under the laws of the place where the Show, the Private Dinner and Show Package or the activity is provided.
(C) If the Show takes place at a location provided by the User, the User must ensure that the Artist is permitted and able to perform the Show at that event location. The same applies where the User has booked an activity with an Activity Service Provider, in which case the User must ensure that the location is suitable for the activity.
(D) The Company’s responsibility is limited to accurately transmitting information between the User and the Artist, the Restaurant or the Activity Provider, and to processing any advance or full payment for a specific Show, Private Dinner and Show Package or Activity received from the User to the Artist, Restaurant or Activity Service Provider. The Company is not responsible for the accuracy of the information transmitted, nor for the performance of any obligations of the Artist under any agreement between the Artist and the User, the performance of any obligations of the Restaurant under any agreement between the Restaurant and the User, or the performance of any obligations of the Activity Service Provider under any agreement between the Activity Service Provider and the User, including any issues arising from the provision of the Show, the Private Dinner and Show Package or the activity. Any dispute or breach relating to the service provided must be resolved directly between the User and the Artist, the Restaurant or the Activity Service Provider, as applicable, in the case of Private Dinner and Show Packages or activities at the event location. The Company does not guarantee the availability of the Service, nor that the Service will operate without interruption, in a timely manner or error‑free at any time. The Company shall not be liable for any loss, including loss of profits, bodily injury or any other type of loss incurred through use of the Service. In no event shall the Company be liable for any indirect, incidental, special, consequential or punitive damages arising out of or in connection with the use of the Service.
(E) The Service, the software used to provide the Service, the Site, the logo and other trademarks are protected by intellectual property rights owned by the Company or third parties. The User is granted a limited, non‑exclusive and non‑transferable licence to: (i) access and use such intellectual property solely in connection with the User’s use of the Service; and (ii) access and use the content and information made available through the Service for personal, non‑commercial use. All other rights are reserved by the Company.
(F) There may be technical limitations and restrictions that may render the Service inaccessible or cause delays in communication for reasons beyond the Company’s control.
(G) The User uses the Service at the User’s own risk, and the Service and any information provided to the User are provided on an “as is” and “as available” basis.
(H) If the User breaches any provision of Section 6 of this Agreement, the Company reserves the right to suspend the User’s access to the Service and to withhold any amount owed to the User in accordance with Section 4 until the matter is resolved. If it is confirmed that the User has breached the terms, the Company may terminate this Agreement as described in Section 10.
(I) The relationship between the User and the Company is governed solely by this Agreement. Nothing in this Agreement shall be construed as implying that the Company and the User have entered into any other contracts or have any other rights or obligations outside this Agreement.
(J) The User agrees to pay the Company a service fee based on the Show Price, the Private Dinner and Show Package price or the price of any activity provided by an Activity Service Provider, as well as any Additional Cost (if applicable). This fee is included in the advance payment, whether partial or full. This fee is payable each time the User uses the Service, including at the time of booking and payment of the Show, the Private Dinner and Show Package or the activity, as further detailed in Section 3. The service fee shall be refunded in those cases where a refund is provided for amounts transferred by the User to the Company, in accordance with Section 4.
3. PAYMENT OF THE SHOW PRICE, PRIVATE DINNER AND SHOW PACKAGE PRICE AND ACTIVITY PRICE
3.1. Upon submitting a request for availability or information regarding a Show, a Private Dinner and Show Package or an Activity, and after receiving offers or information from Artists, Restaurants (for Private Dinner and Show Packages) or Activity Providers, the User shall make a full or partial advance payment (as a general rule) of the Show Price, the Private Dinner and Show Package Price or the Activity Price through one of the payment methods offered by the Company. The advance payment shall be made to the Company and includes the Company’s intermediary fee. Upon receipt of the advance payment, the relevant service contract — whether for a Show, a Private Dinner and Show Package or an Activity — is concluded between the User and the corresponding service provider.
The remaining balance, if any, shall be paid directly to the Artist, Restaurant or Activity Provider, either before or immediately after the Show, the dinner (in the case of a Private Dinner and Show Package) or the activity, in person on the day of the event and at the agreed time.
In the case of full payment, the Company shall retain only its intermediary fee from the amount received before transferring any remaining amount, if applicable, to the Artist, Restaurant or Activity Provider, in accordance with the terms of a separate agreement between the Company and such Artist, Restaurant or Activity Provider.
The Company acts exclusively as an information and booking intermediary, facilitating the connection between the User and the Artist, Restaurant or Activity Provider. Under no circumstances does the Company itself provide, organise or perform the Show, the Dinner and Show, or the Activity, nor does it become a party to the service contract between the User and the Artist, Restaurant or Activity Provider, who are solely responsible for proper performance of the service. The Company does not assume any responsibility for payment or tax obligations between the User and the Artist, the Restaurant or the Activity Provider.
3.2. For activities listed on our Marketplaces via the FareHarbor Distribution Network (“FHDN”) or other third‑party platforms, payment is made in full and directly to FareHarbor through its payment gateway (and not to the Company) or through the applicable third‑party payment gateway. The Company does not process payments, does not retain any fees and does not intervene in refunds in relation to such bookings. Activity‑specific payment and cancellation terms set by the relevant activity provider apply and are displayed before payment is made and the booking is confirmed. The Company acts solely as an intermediary, facilitating the connection between the User and the activity provider through the FareHarbor Distribution Network (FHDN) for FHDN Services. The Company acts exclusively as an information and booking intermediary, facilitating the connection between the User and the activity provider.
3.3. The User acknowledges and agrees that the Company is not the provider of any contracted service, but merely an intermediary that makes an information and booking platform available.
3.4. The Company does not collect, process or store the User’s payment data. We do not directly handle payment data, nor do we collect or store information relating to users’ debit or credit cards, bank accounts or other financial data. Such data is handled exclusively by the payment platforms used, which comply with the relevant high security standards. For more information on how Stripe and PayPal process your data, please refer to their respective privacy policies at the following links: Stripe Privacy Policy and PayPal Privacy Policy. Likewise, in the case of payments made by bank transfer, we do not collect or store any data relating to the transaction, as such transfers are processed directly between the user and the banking institution.
4. CANCELLATION AND REFUND POLICY
4.1. The User may unilaterally cancel a Show, a Dinner and Show or an activity that has been booked and paid for, in whole or in part, to the Company. Any change made by the User to any essential condition of a Show, Private Dinner and Show or activity, such as the date and time, shall be deemed a cancellation initiated by the User. In such case, an Artist, Restaurant or activity provider may refuse to provide the service under the modified conditions. Refunds of payments made to the Company for an activity, Dinner and Show or Show in which the User has changed essential terms shall be processed in accordance with Clauses 4.3 and 4.4.
4.2. For an activity listed and booked on our website that originates from the FareHarbor Distribution Network (FHDN) and is therefore paid directly to FareHarbor and not to the Company, the following shall apply: Cancellations, refunds and changes for an activity that forms part of the FHDN Services are governed exclusively by the policies of the specific provider in FareHarbor (as displayed in the payment gateway before confirmation and payment). The Company does not handle or mediate refunds for FHDN bookings; you must contact the activity provider directly. The booking confirmation e‑mail contains the contact details of the activity provider. The same applies to third‑party platforms whose activities we include in our marketplaces.
4.3. If the Artist refuses to provide the Show after it has been booked by the User, or if the Artist fails to appear at the agreed date, exact address and time of the event, or if the activity provider or the Restaurant is unable to provide the agreed group meal in the case of a Private Dinner and Show Package, the User shall be entitled to a refund if a full or partial advance payment was made to the Company.
4.4. Funds transferred by the User to the Company’s account as full or partial payment for any Activity, an Artist’s Show or a Private Dinner and Show Package shall be refunded to the User in the following cases: the activity, the Show or the Private Dinner and Show Package is cancelled by the Artist, the Restaurant or the Company, except where the service is successfully fulfilled by a replacement Artist or Restaurant, due to reasons such as illness, personal emergencies or issues preventing the original Artist from performing or the original Restaurant from providing the group meal. In such cases, no refund shall be provided, as the service will be delivered as agreed, with a replacement Artist or Restaurant performing under the original service terms.
4.5. No refund (whether full or partial) shall be made by the Company to the User in the following cases:
(A) The User cancels the Activity, Show, Private Dinner and Show Package or Activity Package, or changes its essential terms after booking;
(B) The User does not appear at the agreed location, date and time of the Activity, Show or Private Dinner and Show Package, or fails to arrive within 30 minutes after the scheduled start time of the event or dinner;
(C) The Artist arrives at the event location and finds that there are persons in the audience who have not reached the age of majority under the laws of the country;
(D) The Artist arrives at the event location and is not permitted to perform the Show because the User does not have the necessary permission or there is an issue with the event location provided by the User;
(E) The Restaurant is unable to provide the agreed group meal in the case of a Private Dinner and Show Package because the User has not complied with the Restaurant’s requirements or policies, or because some or all attendees are not of legal age under the laws of the country where the event is held;
(F) Any abnormal situation caused by the User or by attendees or the audience before or during an Activity, Show or Private Dinner and Show Package, as reported by the Artist or the Restaurant in the case of a Private Dinner and Show Package, which prevents the service from being performed.
5. USER REPRESENTATIONS AND WARRANTIES
5.1. The User represents and warrants at all times while using the Service that:
(A) The User has legal capacity and is of legal age under the law of the country where the event takes place, voluntarily enters into this Agreement and has full power, authority and capacity to comply with this Agreement and the obligations contained herein;
(B) The User’s performance of this Agreement is lawful, and the User’s obligations hereunder are legally binding and valid;
(C) The User has carefully read and fully understood this Agreement;
(D) The User is, and has at all times been, in compliance with this Agreement;
(E) In entering into this Agreement, the User has not relied on any representation, warranty, statement, undertaking or conduct other than those expressly set out in this Agreement;
(F) All information provided by the User is true, complete, valid and not misleading in any respect, and the User acknowledges and agrees that the Company enters into this Agreement in reliance on the representations and warranties set out in this clause.
6. ONGOING OBLIGATIONS OF THE USER
(A) Regularly review announcements relating to the Service on the Site;
(B) Use the Service only as permitted under this Agreement;
(C) Notify the Company if any of the representations or warranties cease to be true, complete, valid or become misleading;
(D) Refrain from any activity that interferes with or disrupts the Service;
(E) Ensure the confidentiality and security of the information provided for the service request and booking process, including details sent by e‑mail;
(F) Not remove proprietary notices or modify the Service in an unauthorized manner;
(G) Not exploit the Service beyond the terms set by the Company (including redistribution, decompilation or unauthorized use);
(H) Refrain from scraping, indexing or overloading the Service;
(I) Not attempt to gain unauthorized access to the Service or its networks;
(J) Not use the Company’s trademarks or intellectual property without permission;
(K) Comply with all laws and regulations applicable to the use of the Service.
7. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES BY THE COMPANY
7.1. The User agrees that, to the maximum extent permitted by law:
(A) No warranty is given in relation to the Service or any information provided to the User; and
(B) The Company expressly disclaims all warranties and conditions of any kind, whether express or implied, including:
(i) Any implied warranty of merchantability, fitness for a particular purpose or non‑infringement;
(ii) Any warranty as to the timeliness, reliability, suitability, accuracy, completeness or consistency of any information provided to the User;
(iii) Any warranty that access to the Service will be uninterrupted, timely or error‑free.
8. LIMITATIONS OF THE COMPANY’S LIABILITY
8.1. To the maximum extent permitted by law, the Company expressly excludes all liability for any loss, however caused, incurred or suffered by the User or any other person, including any loss arising out of or in connection with:
(A) Any inaccuracy, incompleteness or delay in any information provided to the User;
(B) Any failure of a transaction when the User attempts to make a payment;
(C) Any malfunction, instability or failure of the software used by the Company to provide the Service;
(D) Any disclosure, loss, theft, destruction or unavailability of the User’s information, password or other data (including the User’s failure to maintain security and confidentiality);
(E) The termination of this Agreement at any time and for any reason;
(F) Any failure of the Service to meet a particular purpose or requirement;
(G) Any war, civil unrest, government‑imposed restrictions, industrial or commercial disputes, natural disasters or other events beyond the Company’s control.
8.2. The Company shall not be liable for any indirect, incidental, special, exemplary, punitive or consequential damages, including loss of profits, loss of data, personal injury or damage to property, arising out of or in connection with the provision of the Service or related matters, regardless of any negligence by the Company, even if the Company has been advised of the possibility of such damages.
8.3. The Company shall not be liable for any damage, liability or loss arising from:
(A) The User’s use of or reliance on the Service, or the User’s inability to access or use the Service; or
(B) Any transaction or relationship between the User and any Activity Provider, Artist or Restaurant (in the case of a Private Dinner and Show Package), even if the Company has been informed of the possibility of such damages. The Company shall not be liable for delays or failures in performance due to causes beyond its reasonable control, including, but not limited to, any failure by an Activity Provider, an Artist or a Restaurant to perform their obligations under their agreements with the User.
8.4. The Company’s total liability to the User for any claim (whether in contract, tort, warranty or otherwise) arising out of or in connection with this Agreement shall in no event exceed the Activity Price, the Show Price or the Private Dinner and Show Package Price prepaid by the User to the Company for a specific activity, show, restaurant booking or activity package.
9. INDEMNITIES
9.1. The User shall indemnify the Company and agrees to reimburse and hold the Company harmless from and against any liability or loss arising from (and any costs incurred in connection with):
(A) Any breach of this Agreement by the User;
(B) The exercise, enforcement or preservation by the Company of its rights against the User in connection with this Agreement;
(C) Any infringement of the Company’s or any third party’s intellectual property rights or other laws arising from the User’s use of the Service or the Site.
9.2. It is not necessary for any expense to have been incurred before the indemnity under this clause becomes enforceable.
10. ASSIGNMENT, TERMINATION AND WAIVER OF RIGHTS
10.1. The Company may assign, transfer, novate or otherwise dispose of all or part of the benefit of this Agreement, and any of its rights, remedies, powers, duties and obligations under this Agreement, to any person, without the User’s consent and in any manner the Company deems appropriate.
10.2. The User agrees that the User may not transfer or assign any of the User’s rights or obligations under this Agreement to any third party without the prior written consent of the Company.
10.3. This Agreement shall commence as specified in Clause 1.1 and shall continue until terminated in accordance with Section 11 below.
10.4. Notwithstanding any other provision of this Agreement, the Company may terminate this Agreement at any time and for any reason, with immediate effect and without prior notice, including if:
(A) The User breaches any provision of this Agreement or acts in a manner that shows that the User does not intend to, or is unable to, comply with any provision of this Agreement;
(B) The Company reasonably considers that termination is necessary due to the application of laws, regulations or requirements of any governmental, quasi‑governmental or regulatory authority; or
(C) The Company determines that it is no longer commercially viable to comply with its obligations under this Agreement.
10.5. The Company shall notify the User of the termination as required under Section 11.
10.6. The User acknowledges and agrees to waive any right of set‑off, counterclaim, netting or similar remedy that the User may have under this Agreement or under the laws of any jurisdiction.
11. GOVERNING LAW, DISPUTE RESOLUTION AND OTHER LEGAL PROVISIONS
11.1. This Agreement is governed by the laws of the State of Delaware, United States of America.
11.2. Any dispute arising out of or in connection with this Agreement shall be resolved by arbitration in accordance with the rules of Judicial Arbitration and Mediation Services (JAMS). The seat of arbitration shall be Delaware, and the language of the arbitration shall be English.
11.3. No person other than a party to this Agreement shall have any right to enforce or benefit from any provision of this Agreement.
11.4. The Company may send notices and communications relating to this Agreement by e‑mail to the e‑mail address provided by the User via the form. Such notices shall be deemed effective when sent by the Company, unless the Company receives a message indicating failed delivery. Notices to the Company may be sent to the e‑mail address provided to the User after submitting a legitimate request.
11.5. No failure or delay by the Company in exercising any of its rights, powers or remedies shall operate as a waiver of such rights, nor shall any single or partial exercise of any right, power or remedy preclude any further exercise thereof.
11.6. The rights, powers and remedies provided in this Agreement are cumulative and do not exclude any other rights or remedies available at law.
11.7. This Agreement does not create any partnership, joint venture, advisory, fiduciary, agency or trust relationship between the User and the Company or any other party.
11.8. If any provision of this Agreement is held to be unlawful, void, unenforceable or invalid, that provision shall be deleted and the remaining provisions shall remain valid and enforceable, provided that such deletion does not alter the basic nature of this Agreement or violate public policy.
11.9. This Agreement is drafted in English. In the event of any inconsistency between the English version and any translation, the English version shall prevail.
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