Terms & Conditions

 

 

General Terms and Conditions (Ticket purchase // FKP Scorpio-Events in the Ferien- und Freizeitpark Weissenhaeuser Strand)

The following General Terms and Conditions (“Ts&Cs”) of FKP Scorpio Konzertproduktionen GmbH (“FKP Scorpio”, "we", "us") govern both the purchase of tickets for (Part A) and attending (Part B) events in the Ferien- und Freizeitpark Weissenhaeuser Strand, operated by the Weissenhauser Strand GmbH & Co. KG (“WHS”), which are promoted by FKP Scorpio (“FKP Scorpio-Events”). By purchasing and holding a ticket to FKP Scorpio-Events, customers accept the applicability of these Ts&Cs.

For tickets that not only include the right to attend FKP Scorpio-Events, but also a lease agreement for accommodation from WHS (referred to in these Ts&Cs as “Combitickets”), the terms and conditions in Part A below apply alongside of the terms and conditions of WHS (General terms and conditions). For attending a FKP Scorpio-Events, the terms and conditions in Part B apply.

For ease of reference, all references to customers, consumers, promoters, and other persons are made in its female (“she”) or plural form. This designation shall refer to persons of all gender and to the singular, where applicable.

Part A Additional terms and conditions for Combitickets

Combitickets include the right to attend FKP Scorpio-Events as well as the lease of accommodation – apartment, bungalow or hotel room. The lease of accommodation is carried out by WHS.

1. Offer and conclusion of the contract

Accommodation is available while stocks last. We do not accept any liability for possible misrepresentations on the website. We reserve the right to amend the representations on the website. Any information given orally, by telephone or by e-mail is non-binding information. The terms of the lease contract are set by the acceptance of an offer made by the lessee by sending a booking confirmation by e-mail.

2. Prohibition to commercially resell tickets

Customers may not resell tickets commercially. Customers may not resell tickets privately at a price higher than the price printed on the tickets plus any fees that had been charged upon purchase of the tickets. Upon breach of any of these prohibitions, the ticket will cease to be valid, it will not grant the ticket holder the right to access the respective event, and FKP Scorpio is entitled to seize the ticket without compensation of the ticket price.

3. Prohibition to use tickets for lotteries/raffles

Customers may only use tickets for lotteries/raffles with consent by FKP Scorpio. Upon breach of any of these prohibitions, the ticket will cease to be valid, it will not grant the ticket holder the right to access the respective event, and FKP Scorpio is entitled to seize the ticket without compensation of the ticket price. Moreover, for each individual violation of this prohibition, FKP Scorpio may at reasonable discretion impose an appropriate contractual penalty to be paid by the customer, which in the event of dispute may be reviewed for its appropriateness by the competent court. In the event of permanent violations, repeated contractual penalties may be imposed. Other claims by FKP Scorpio shall remain unaffected by contractual penalties, but the penalties shall be offset against any corresponding claim for damages.

4. Tickets and duration of the lease

The accommodation ticket entitles to enter the accommodation areas. Keys for the leased accommodation and the admission authorization are available for pick-up at the WHS reception at the beginning of the respective event.

Accomodation will be leased for two nights. On the day of arrival, it will be ready for check-in from 3 pm. On the day of departure, it must be made available by 12 pm and any keys need to be returned until this hour. Exemptions to stay until 2 pm might be made upon request.

5. Using the accommodation and inventory

Accommodation will be leased completely furnished and with one-time linen. Inventory must be treated with care. Any damage caused to the object during the rental period shall be compensated by the renting person at cost price without proof of fault. The renting person is liable in the same way for damages caused by accompanying persons.

Orders for borrowed items are accepted without obligation. The prices for borrowed items result from the respective valid price lists. There is no claim to this.

The lessee needs to check the condition of the accommodation and the inventory, including its completeness, immediately after check-in. If the lessee does not raise a corresponding complaint without undue delay, but at the latest 30 minutes after check-in, the condition of the accommodation and the inventory, including its completeness, are deemed to be accepted by the lessee.

It is not allowed to bring pets. Exceptions can be made for some types of apartments upon request.

6. Cancellation / curtailment / interruption / relocation / rescheduling

6.1. Events may be cancelled, curtailed, interrupted, relocated or rescheduled, even after they have begun. Please inform yourself whether the event will take place as scheduled before departure for the event.

6.2. Our liability in the event of cancellation, curtailment, interruption, relocation, rescheduling or other material changes (as defined in the following number 6.3.) to FKP Scorpio-Events is limited to refunding the price printed on the ticket. Personal arrangements made by the ticket holder/guests, including travel to the FKP Scorpio-Festival and accommodation (outside accommodation on the Festival Site) are made at their own expense and risk; we od not refund such expenditures. For the limitation of liability in this number, the conditions of No. 9 apply accordingly.

6.3. A change is material where it makes the event a substantially different event than what a ticket holder/guest may reasonably expect. Changes to the line-up of a festival, including the omission of individual artists without a replacement, do not constitute a material change; this also applies to so-called “headliners” and also if multiple „headliners“ are changed and replaced.

6.4. Where an FKP Scorpio-Event is cancelled or postponed due to Force Majeure (as defined in the following number 6.5.), tickets remain valid; ticket holders are entitled to attend to the postponed or, where applicable, subsequent edition of the respective FKP Scorpio-Event (a subsequent edition of an event/festival hereinafter the “Subsequent Event”). The Subsequent Event will usually take place at the same time of the year in the next calendar year. FKP Scorpio will announce the exact date of the Subsequent Event on the respective website as quickly as possible, at the latest within two weeks after the cancellation or postponement of the event has been announce; this date may not be later than 13 months after the end of the cancelled/postponed event.

Ticket holders may, however, request a refund of the price printed on the ticket, if it is unreasonable for them to attend the Subsequent Event. In particular, it is unreasonable for ticket holders to attend the Subsequent Event if they have, at the time of the announcement of the date for the Subsequent Event, already

· booked a vacation trip, bought tickets for a concert, festival, sport event or a similar event, or

· planned a compulsory business trip that cannot be postponed or received a similar obligation arising from a service or employment relationship (such as on-call duty),

or

· if the date of the Subsequent Event coincides with a birthday, wedding, anniversary of the ticket holder or a close relative (grandparents, parents, siblings, children, grandchildren).

Moreover, it is unreasonable for ticket holders to attend the Subsequent Event, if at the latest three months before the Subsequent Event, personal circumstances arise, which will most likely make attendance to the Subsequent Event unreasonable, such as:

· illness or other health impairment,

· operation, stay at a health resort or clinic, rehabilitation measure or comparable measures to restore or promote health,

· obligation to care for close relatives (grandparents, parents, siblings, children, grandchildren).

Ticket holders have to assert that it is unreasonable for them to attend the Subsequent Event at the latest three months before the Subsequent Event so that FKP Scorpio can sell the ticket to another person. Ticket holders have to substantiate the circumstances that make attendance to the Subsequent Event unreasonable, as far as possible and as far as can reasonably be expected, e.g. by providing copies of travel documents. As far as ticket holders have been sent a (physical) ticket, a refund will only be made upon submission of the original ticket.

6.5. Force Majeure is any event that is beyond control of FKP Scorpio. For example, force majeure exists in the event of war, civil war, war-like events, acts of terrorism, political unrest and/or the use of chemical, biological, biochemical substances and/or nuclear energy. Force majeure shall also be deemed to exist in the event of pandemics, epidemics, epidemics or similar risks of disease and/or in the event of natural disasters (storms, hurricanes, earthquakes or floods, etc.) or the consequences thereof. Furthermore, force majeure shall be deemed to exist in particular in the event of governmental, official or other public-law interventions and measures, such as orders, general decrees, etc., for which FKP Scorpio is not responsible, which prevent the event from being held and which did not already exist at the time the ticket was sold with effect for the date of the event. Force majeure shall be deemed to have occurred both when such an event has occurred and when such an event is reasonably likely to occur at the time of the event. The assessment as to whether a corresponding event has occurred or is imminent shall be made by FKP Scorpio, taking into account a reasonable period for examination and consideration, immediately after the event has become known, at its reasonable discretion, in particular taking into account the interests of the ticket holders.

7. Cancellation of accommodation leased in addition to a Festival Pass

The lessee may cancel Combitickets before the start of the festival. The cancellation needs to be declared towards FKP Scorpio. We recommend a cancellation notice on a durable data carrier (e.g. letter, fax or e-mail).

In case of cancellation, FKP Scorpio loses the claim for the price for the Combiticket. FKP Scorpio may claim reasonable compensation instead of the ticket price(s). FKP Scorpio may not claim compensation if she is responsible for the cancellation or if unavoidable and extraordinary circumstances occur at the destination or in its immediate vicinity, which significantly impair the event or the transportation of visitors to the destination. Circumstances are unavoidable and extraordinary if they are beyond the control of FKP Scorpio and if their consequences could not have been avoided even if all reasonable precautions had been taken.

We hereby make use of our option to set a lump sum for reasonable compensation. The following lump sums represent the price for the Combiticket minus expenses saved and minus the value of what we receive through other use of our services. The lump sums take into consideration the time period between cancellation notice and start of the event. At the request of the lessee, we shall justify the amount of reasonable compensation.

The following lump sums shall apply:

a. Accommodation

In case of cancellation notice

· up until 30 calendar days before the start of the festival: 20%,

· from 29 until 15 calendar days before the start of the festival: 60%,

· from 14 until 3 calendar days before the start of the festival: 80%,

· from 2 calendar days before the start of the festival: 95%.

b. Festival Pass

The share of the price for the festival attendance is not taken into account when calculating the above compensation lump sums. The lessee has to pay compensation in the amount of the full price for the share of the price for the festival attendance.

In all cases, the lessee is permitted to prove that the reasonable compensation for FKP Scorpio should be less than the lump sums specified above.

We hereby reserve the right to demand compensation higher than the lump sums specified above based on an individual calculation, if we can prove that we have incurred significantly higher expenses than the respective compensation lump sum. In that case, we are obliged to quantify and justify the compensation, taking into account saved expenses and what we receive through other use of her services.

8. Cancellation of the accommodation

We reserve the right to cancel the lease contract of any accommodation lease up until 14 calendar days before the beginning of the event (i.e. of the lease period), in case the number of bookings is insufficient. In that case and insofar, payments will be refunded in full; the festival attendance ticket of the Combiticket remains in effect, should the cancellation not be based on No. 6 above.

9. Limitation of liability, no cancellation for certain breaches of duty

9.1. FKP Scorpio is fully liable, in any case, under the German Product Liability Act (Produkthaftungsgesetz), for intentionally or grossly negligently caused damages, fraudulent concealment of defects, and for damages resulting from injury to life, body or health.

9.2. Furthermore, FKP Scorpio is liable if and insofar as FKP Scorpio has issued a guarantee and such guarantee is breached.

9.3. Where FKP Scorpio breaches essential contractual obligations with simple negligence and is not liable pursuant to the aforementioned number 9.1 or 9.2, its liability is limited to foreseeable and contractually typical damages. Essential contractual obligations are those which are prerequisite to the performance of the contract and in the compliance of which customers can and will regularly rely.

9.4. If and insofar FKP is not liable under the aforementioned numbers 9.1, 9.2 or 9.3, FKP Scorpio is not liable for simple negligence.

9.5. The aforementioned exclusions and limitations of liability also apply with regards to its organs, employees and vicarious agents as well as any personal liability of organs, employees and vicarious agents. They also apply to the liability of any co-promoters of FKP Scorpio.

10. Applicable laws, place of performance, jurisdiction, out-of-court settlement of disputes

10.1. The laws of the Federal Republic of Germany shall apply exclusively, with the exception of German provisions on conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods (CISG). Irrespective of the abovementioned choice of law, consumers, i.e. all natural persons who enter into a legal transaction for purposes that predominantly are outside his trade, business or profession, with a habitual residence outside the Federal Republic of Germany may always invoke provisions from which, according to the laws of their country of habitual residence, no deviation by agreement may be made; this does not apply to contracts for the provision of services, under which services provided to the consumer have to be exclusively in the Federal Republic of Germany.

10.2. Consumers shall note the following: · The European Commission has made available a platform for online dispute resolution here since 15 February 2016. The email address of FKP Scorpio is: info@fkpscorpio.com

· We note that we will not participate in any out-of-court dispute resolution procedures.

Part B Attending FKP Scorpio-Events in the Ferien- and Freizeitpark Weissenhaeuser Strand

1. Cameras, recording equipment, image and sound recordings

When attending the comcerts, it is only permitted to carry small-format cameras and mobile phones with camera function. It is not permitted to carry reflex cameras, cameras with zoom lenses or any kind of video function, video cameras and audio recorders of all kinds, such as tape recorders, MP3-recorders and dictation devices. FKP Scorpio may deny visitors entry to the venue if visitors carry equipment listed in sent. 2.

Any an all rights to record sound and image of the event are exclusively reserved by FKP Scorpio for the purpose of commercial exploitation. No one may record, broadcast and/or make publicly available recordings for commercial purposes without the prior written consent of FKP Scorpio. In particular, this includes the distribution of recordings directly via the internet.

2. Consent to record and use sound and image

FKP Scorpio will record, livestream and photograph FKP Scorpio-Events and will produce audio and audiovisual recordings. These may include the audience. By entering the premises of WHS during the respective FKP Scorpio-Event, visitors irrevocably consent to the free use of portrait and voice for photographs, (live) broadcast and/or recordings of images and/or sound recordings by FKP Scorpio in connection with the event and their subsequent exploitation in all current and future media (in particular, such as in the form of audio an video carriers as well as digital distribution, e.g. via the internet). In particular, this means that visitors grant FKP Scorpio the right, unlimited in time, place and content, to record images, voice, actions and/or statements by the visitor in any form without separate consent of visitors and to reproduce, broadcast, make publicly accessible and/or distribute in any other form for any commercial and non-commercial purposes. This also includes the assignments of these rights to third parties, such as agents and licensees of FKP Scorpio.

3. Night rest / disturbances

During the respective event, night rest is valid in all accommodations, hotel rooms and public ways of the whole vacation park between 1 am and 8 am. This does not apply to event areas during the (official) event program.

Any disturbances caused by music performances of bands/artists and/or other festival guests do not entitle to a reduction of the accommodation price. This does also apply to disturbance by exercises on the nearby military training area Putlos.

4. Exclusion of visitors

If there is a compelling reason, in particular if visitors commit a crime (e.g. assault, theft, drug trafficking) or set fireworks, on the premises of WHS, FKP Scorpio may exclude them from the event immediately. In case FKP Scorpio makes use of the right to exclude visitors, the visitors’ ticket/festival wristband loses its validity. Any claim for renewed admission or reimbursement of the ticket price is excluded.

5. Hearing impairments

FKP Scorpio is only liable for hearing impairments caused by intent, gross negligence, or a breach of a public safety duty. Visitors should avoid standing in immediate proximity to loudspeakers; corresponding barriers need to be observed at all times. Standing in immediate proximity to loudspeakers or beyond such barriers is at the visitors’ own risk. In any case, we highly recommend using earplugs, in particular near the stages.

6. (Re-) admission to a concert venue

During check-in, tickets will be validated and visitors will receive a wristband with a fastened clasp (“festival wristband”). Upon entrance to concert venues, visitors need to present the undamaged festival wristband with original clasp; otherwise, they will not be granted admission.

7. No smoking

It is prohibited to smoke on the premises of Weissenhaeuser Strand GmbH & Co. KG. Exemptions are expressly signposted on the premises.

8. Security checks and searches

Upon entrance to the concert venues, security staff appointed by FKP Scorpio will perform a security check and search for reasons of public safety and waste prevention. Certain items may not be brought onto carried on the premises of WHS (e.g., weapons, drugs, etc.), a complete list of prohibited items in its current validity can be found on the respective event website. Any violation of the prohibition to carry one or several prohibited items may lead to FKP Scorpio denying entrance to concert venues, unless visitors hand over these items at the entrance. FKP Scorpio is not obliged to store these items; any claims for disposing of prohibited items are excluded.

In addition, security staff may ask visitors on the premises of WHS whether they carry prohibited items if there is reasonable suspicion. If visitors are unable to dispel such suspicion, the security staff may search for prohibited items.

If guests carry prohibited items, No. 9 para. 2 shall apply.

9. Admission

The rules for admission of children and adolescents under 18 years of age can be found on the website of the respective festival. In addition, the statutory provisions of the German Youth Protection Act (Jugendschutzgesetz) apply.

If visitors materially violate any of these conditions, FKP Scorpio may exclude visitors from entrance to concert venues or from the premises of WHS altogether. There will be no refund of the ticket price.

10. Loss of festival wristband

If visitors lose their festival wristband without FKP Scorpio being responsible for the loss, they will not receive a new wristband and the ticket price will not be refunded.

11. Arrival of visitors, parking

Visitors are responsible for their travel to the event and will park their vehicles at their own risk. Vehicles may only be parked on designated parking areas and/or parking spaces; additional fees might apply. Wild parking is forbidden and will be prosecuted.

12. Restrictions of access

Access to areas of the event with a limited capacity is only granted until the officially approved capacity has been reached. If the capacity is reached, FKP Scorpio may deny access temporarily without visitors being able to claim reimbursement of the ticket price in part or full.

13. Notices / instructions

In addition, house rules of WHS, current notices at the venue, instructions by the security staff, as well as current information on the website of respective event shall apply.

As of: 15 November 2025