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Terms & Conditions

 

 

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


The following General Terms and Conditions (“T&Cs”) of FKP Scorpio Konzertproduktionen GmbH (hereinafter also “FKP Scorpio”, "we", "us") govern both the purchase of tickets from FKP Scorpio (Part A) and the conditions that apply to events in the Ferien- und Freizeitpark Weissenhaeuser Strand promoted by FKP Scorpio alone or together with other event promoters (Part B).

For accommodation tickets booked in addition or independently of a Festival Pass, the conditions of Part C apply in addition to Part A and Part B.

By purchasing and holding a ticket to an event, customers accept the applicability of these T&Cs.

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    Ticket purchase / Ancillary transport services

By ordering tickets, customers instruct FKP Scorpio to process the ticket purchase, including shipping.
FKP Scorpio distributes tickets on behalf of the relevant promoter as an agent or as commission agent, unless it is expressly designated as the (co-) promoter for an event. In that case, FKP Scorpio distributes tickets in its own name and on its own behalf.

Where FKP Scorpio distributes tickets on behalf of other promoters, be it as an agent or commission agent, FKP Scorpio does not promote the respective events, but the respective promoters do. These promoters also issue the tickets. By purchasing a ticket, contractual relations concerning the respective events are only entered into between the customer and the respective promoter. These contractual relations might be governed by (additional) terms and conditions of the respective promoter.

Where FKP Scorpio is also the promoter of events, the terms and conditions of Part B of these T&Cs apply. This also applies to ticket purchases made on other ticket platforms, ticket offices or by other ticket partners. In that case, additional terms and conditions of the respective ticket partner might apply.

Where tickets include transport services provided by third parties (e.g. transport associations), these transport services are governed by terms and conditions of these third parties. We ask customers to familiarize themselves with these terms and conditions. Any claims relating to the transport services have to be asserted against the respective third party transport provider.


Overview of topics Part A


1.    Scope of application
2.    Conclusion of contracts, cancellation
3.    Price components and payment methods
4.    No right of withdrawal (Kein Widerrufsrecht)
5.    Upgrades and exchange of tickets
6.    Retention of ownerhip, set-off, right of retention where purchase based on invoice
7.    Limitation of liability, no cancellation for certain breaches of duty
8.    Prohibition to commercially resell tickets
9.    Prohibition to use tickets for lotteries/raffles
10.    Applicable laws, place of performance, jurisdiction, out-of-court settlement of disputes

 

1.    Scope of application

For all contracts and orders for the purchase of tickets, the following general terms and conditions exclusively apply in relation to FKP Scorpio.

 

2.    Conclusion of contracts, cancellation

2.1.    By clicking on the field “Buy now”, customers submit an offer to enter into a contract. The contract for the purchase of a ticket is concluded only if and when FKP Scorpio sends a confirmation e-mail containing a transaction number to the customer.

2.2.    Customers have to check whether their shipment is complete immediately upon receipt. Complaints will only be accepted up until seven days after receipt of a shipment or, if earlier, up until ten days after shipment of an order. Where FKP Scorpio is not the promoter of an event, FKP Scorpio does not accept any liability for the accuracy of the information contained in the online ticket shop.

2.3.    FKP Scorpio may cancel an order, even after a transaction number has already been sent to the customer (unilateral right of revocation), if a customer violates or tries to circumvent terms and conditions by the respective promoter or FKP Scorpio and which had been made available to the customer before the order (e.g. exceeding the limit of number of tickets per customer, violation of the conditions printed on the ticket, such as resale prohibition, circumvention of conditions by logging in with and using multiple user profiles, etc.). FKP Scorpio may give notice of the cancellation/revocation implicitly by refunding the sum paid by the customer.

2.4.    The aforementioned cancellation/revocation right is subject to Sec. 346 et seqq. of the German Civil Code (Bürgerliches Gesetzbuch), except for Sec. 350 German Civil Code.

2.5.    Where an event is cancelled, curtailed, suspended, relocated, rescheduled or not performed in any other way, customers may only submit claims against the respective promoter. Where FKP Scorpio is the (co-) promoter of an event, customer claims are exclusively subject to Part B No. 1.1 below.


3.    Price components and payment methods

3.1.    Payment is possible by credit card (VISA, MasterCard, American Express), SEPA direct debit, PayPal or giropay, depending on the event and order modality. The statutory value added tax is included in the price. Payment for VISA and MasterCard will be processed by CTS EVENTIM Nederland B.V., Postbus 3096, 2130 KB Hoofddorp, The Netherlands.

Note on data transmission for credit card transactions using 3D-Secure: Due to legal requirements (implementation of the Payment Services Directive "PSD2") and/or to protect against fraudulent use of credit card data, the so-called 3D-Secure procedure can be used. This procedure involves the transmission of browser data, credit card data, address data (billing address, e-mail address), as well as the transaction amount with currency to the card-issuing institute via the credit card organizations. The card-issuing institute uses this data to determine the fraud risk of the transaction; depending on the amount and the result of the check by the credit institution, additional approval of the credit card transaction may be required, e.g., via TAN or app.

3.2.    Where customers order tickets via the internet, additional service fees and shipping costs may be charged, which may vary from event to event. Fees and costs will be specified in the shopping cart. Further costs will only apply if customers order additional features/extras, such as gift packaging; these costs will be specified and invoiced separately.

3.3.    Where FKP Scorpio distributes tickets on behalf of other promoters as agent or commission agent, contractual relations concerning the respective events are only entered into between the customer and the respective promoter. Claims for reimbursement of monies paid may only be made against the respective promoter. FKP Scorpio will not reimburse service fees and shipping costs as these are compensatory price components for services that have been rendered even if the ticket price is reimbursed.


4.    No right of withdrawal (Kein Widerrufsrecht)

A right of withdrawal does not exist for contracts for the provision of services in the fields of accommodation other than for residential purposes, transport of goods, car rental services, deliveries of food and beverages, or services related to leisure activities, if the contract provides for a specific date or period of performance (Sec. 312g para. 2 sent. 1 no. 9 German Civil Code).

A ticket order is an offer to enter into a contract providing for a specific date or period of performance for services related to leisure activities. A right of withdrawal does not exist for festival and concert tickets; this includes all kinds of tickets, e.g. tickets for concerts, day passes for festivals, or festival passes including camping/caravan space.
Each order of tickets is thus binding immediately after confirmation by FKP Scorpio and the customer is obliged to pay for the ticket order.


5.    Upgrades and exchange of tickets

5.1.    Upgrades from a lower to a higher category of tickets can only be issued if the higher category of tickets has not been sold out when customers request an upgrade. Any request for an upgrade has to be made in writing and needs to be confirmed by FKP Scorpio. Aside from the surcharge amounting to the price difference between the two tickets, FKP Scorpio will charge a handling fee of EUR 10,- (incl. VAT).

5.2.    FKP Scorpio is not obliged to exchange tickets for other tickets of the same or equivalent categories of tickets upon request by the customer. Any request for an exchange of tickets has to be made in writing and needs to be confirmed by FKP Scorpio. FKP Scorpio will charge a handling fee of EUR 10,- (incl. VAT) for any ticket exchange.


6.    Retention of ownerhip, set-off, right of retention where purchase based on invoice

6.1.    Where customers are consumers, FKP Scorpio retains ownership of the purchased item until the invoiced amount has been paid in full. Where tickets are personalized, the transfer of any claims arising from the ticket ownership is subject to the payment of invoiced amount in full. Any corresponding security rights are transferable to third parties.

6.2.    Where customers are not consumers, but entrepreneurs, legal entities under public laws or a special fund under public laws, FKP Scorpio retains title to the purchased item until all outstanding claims arising from the business relationship with the customer have been settled in full. Where tickets are personalized, the transfer of any claim arising from the ticket ownership are subject to the settlement of any outstanding claims from the business relationship with the customer. Any corresponding security rights are transferable to third parties. An entrepreneur is any natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.

6.3.    Customers are only entitled to set-off and/or retention if their counterclaims and/or rights have been established in a binding manner or are undisputed or have been acknowledged by FKP Scorpio. Moreover, customers are only entitled to retention if and insofar their counterclaims are based on the same contractual relationship.

6.4.    If customers are in arrears with any payment obligations towards FKP Scorpio, any existing claims will become due immediately.

6.5.    Insofar as claims of FKP Scorpio against customers are not only temporarily secured with more than 110 %, FKP Scorpio will upon request by the customer release securities up to the aforementioned limit.


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

7.1.    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.

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

7.3.    Where FKP Scorpio breaches essential contractual obligations with simple negligence and is not liable pursuant to the aforementioned number 7.1 or 7.2, 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.

7.4.    If and insofar FKP is not liable under the aforementioned numbers 7.1, 7.2 or 7.3, FKP Scorpio is not liable for simple negligence.

7.5.    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.


8.    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.


9.    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. 


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 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.    The sole place of performance, including delivery, service and payment, shall be Hamburg, provided that the customer is an entrepreneur, a legal entity under public laws or a special fund under public laws.

10.3.    Where customers are entrepreneurs, legal entities under public laws or special funds under public laws with residence (e.g. head office, main branch, etc.) in the Federal Republic of Germany, the courts of Hamburg shall have exclusive (including international) jurisdiction for disputes arising directly or indirectly from the contractual relationship between the customer and FKP Scorpio. Where customers do not have their domicile in the Federal Republic of Germany and are not consumers, the courts of Hamburg shall have exclusive (including international) jurisdiction for such disputes. In addition, Hamburg shall be the exclusive place of jurisdiction for all other disputes where the customer is not domiciled in the Federal Republic of Germany. However, all abovementioned choices of jurisdiction are only exclusive insofar as no other exclusive jurisdiction is binding by laws. In any case, FKP Scorpio is also entitled to sue customers at the place of their general jurisdiction or at another place of national or international jurisdiction.

10.4.    Consumers, i.e. all natural persons who enter into a legal transaction for purposes that predominantly are outside his trade, business or profession, 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
•    If consumers have not purchased tickets on the internet, we note that we will not participate in any out-of-court dispute resolution procedures.
 


Part B    General Terms and Conditions for FKP Scorpio-Events in the Ferien- and Freizeitpark Weissenhaeuser Strand


The following terms and conditions govern the promotion/organization and attendance of music festivals in the Ferien- and Freizeitpark Weissenhaeuser Strand (co-) promoted by FKP Scorpio (“FKP Scorpio-Events”).

They comprise the general terms of Sec. 1 and conditions with regards to measures relating to COVID-19 and similarly contagious diseases (Sec. 2). In addition, the House and Parking Rules oft he Weissenhaeuser Strand GmbH & Co. KG apply.

By purchasing and holding a ticket to an event, customers accept the applicability of the terms and conditions of this Part B, which apply to the respective event (e.g. for open air-festivals: Sections 1 through 4).


Overview of topics Part B


1.    General Terms for FKP Scorpio-Events
2.    Measures in relation to the Covid-19-pandemic and similarly contagious diseases

 

1.    General Terms for FKP Scorpio-Events

1.1.    Cancellation / curtailment / interruption / relocation / rescheduling

1.1.1.    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.

1.1.2.    Our liability in the event of cancellation, curtailment, interruption, relocation, rescheduling or other material changes (as defined in the following number 1.1.3.) 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 Part A No. 7 apply accordingly.

1.1.3.    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”.

1.1.4.    Where an FKP Scorpio-Event is cancelled or postponed due to Force Majeure (as defined in the following number 1.1.5.), tickets remain valid; ticket holders are entitled to attend to the postponed or, where applicable, subsequent edition of the respective FKP Scorpio-Event – in particular, FKP Scorpio-Festival – (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 festival 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.

1.1.5.    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.

1.1.6.    If an FKP Scorpio-Event is cancelled due to the Covid-19 pandemic or a similarly contagious disease at no fault of FKP Scorpio, FKP Scorpio will reschedule the FKP Scorpio-Event as far and as soon as possible. Tickets will remain valid. Furthermore, the conditions of the abovementioned numbers 1.1.1. through 1.1.5. apply.

1.1.7.    If at any time after commencement of the sale of tickets for an FKP Scorpio-Event, the maximum number of attendees/tickets sold for this festival is reduced due to Covid-19 pandemic or a similarly contagious disease and that maximum number has already been exceeded, FKP Scorpio may cancel tickets as far as necessary to arrive at that maximum number. The same applies to tickets granting access to certain areas of the FKP Scorpio-Event (e.g. backstage tickets). FKP Scorpio may also reallocate available seats within the same ticket category as deemed necessary, e.g. to safeguard sufficient distance between attendees, or assign attendees seats in higher ticket categories, or convert tickets for standing room into seating tickets and vice versa.

Where FKP Scorpio assigns attendees to a lower ticket category or converts standing into seating tickets (or vice versa), it will refund the price difference; moreover, ticket holders are entitled to cancel their ticket within an appropriate amount of time upon receipt of notice of assignment or conversion; the deadline is to be set by FKP Scorpio and ticket holders will be expressly notified about their cancellation right.

FKP Scorpio will determine the cancellation/reallocation/conversion of tickets by an appropriate, transparent and non-discriminatory procedure.

1.1.8.    Where tickets are cancelled, FKP Scorpio will refund the price printed on the ticket or, at the discretion of FKP Scorpio and in case promoters are entitled to do so by law, a voucher amounting to the price printed on the ticket. Ticket holders are not entitled to any further compensation or reimbursement of expenses (e.g. for cancellation costs/fees for travel or accommodation arrangements). Furthermore, the conditions on the limitation of liability of Part A No. 7 apply.

1.1.9.    Any additional legal rights of FKP Scorpio (e.g. based on statutory law mitigating the consequences of the Covid-19-pandemic in event contract law) remain unaffected and continue to apply.


1.2.    Liability of FKP Scorpio and, where applicable, co-promoters

Any contractual and legal liability of FKP Scorpio is excluded, unless

•    for damages caused by FKP Scorpio intentionally or with gross negligence,
•    for cases of (mild or simple) negligence of FKP Scorpio for damages due to injury to life, body or health,
•    for mild or simple violations by FKP Scorpio of essential contractual obligations; essential contractual obligations are obligations the fulfillment of which is necessary for properly executing the contract and the compliance with which ticket holders/guests regularly rely upon and may rely upon.

In cases of simple or mildly negligent violations of essential contractual obligations, the liability of FKP Scorpio is – except for damages due to injury of life, body or health – limited to the contractually typical damages foreseeable for a promoter upon conclusion of the contract or at the time of the breach of duty. To that end, the liability of FKP Scorpio for damages within the ticket holders’/guests’ risk area is excluded.

The above limitations and exclusions of liability also apply to the liability of FKP Scorpio for its organs, employees and vicarious agents as well as the personal liability of these organs, employees and vicarious agents. They also apply to the liability of co-promoters, where applicable.


1.3.    Cameras, recording equipment, image and sound recordings

When attending FKP Scorpio-Events, 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 are not willing to hand over the equipment at the entrance. FKP Scorpio is not obliged to store the equipment, which has been handed over. Visitors can deposit equipment either in lockers at the entrance or in their vehicles. FKP Scorpio does neither guarantee that lockers will be available and/or empty for use at the entrance. An additional fee is payable for using lockers. Claims against FKP Scorpio based on unauthorized removal of equipment from the lockers are excluded, unless for intentional or grossly negligent behavior by FKP Scorpio.

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.


1.4.    Consent to record and use sound and image

FKP Scorpio will record, livestream and photograph the event and will produce audio and audiovisual recordings. These may include the audience. By entering a venue – where the event is an FKP Scorpio-Festival: the Festival Site –, 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.


1.5.    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 event site – where the event is an FKP Scorpio-Festival: the Festival Site –, 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.


1.6.    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.


1.7.    (Re-) admission to a Festival Site

During first admission to the Festival Site, tickets will be validated and visitors will receive a wristband with a fastened clasp (“festival wristband”). Upon re-admission to the Festival Site, visitors need to present the undamaged festival wristband with original clasp; otherwise, they will not be granted admission.


1.8.    No smoking

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


1.9.    Security checks and searches

Upon admission to a Festival Site, 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 and/or carried on Festival Sites (e.g., weapons, drugs, etc.). A complete list of prohibited items in its current validity can be found on the respective festival website. Any violation of the prohibition to carry one or several prohibited items may lead to FKP Scorpio denying admission to the Festival Site, unless visitors hand over these items at the entrance to the Festival Site and agree – at least by implication at the handover – that these items might be disposed of. FKP Scorpio is not obliged to store these items; any claims for disposing of prohibited items are excluded.

The security staff may ask visitors on the Festival Site 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.


1.10.    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 General Terms or of the House Rules, FKP may exclude visitors from admission altogether. There will be no refund of the ticket price.


1.11.    Loss of festival wristband

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


1.12.    Arrival of visitors, parking

Visitors are responsible for their travel to the festival 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.


1.13.    Restrictions of access

Access to areas of the Festival Site 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.


1.14.    Notices / instructions

In addition, current notices at the venue, instructions by the security staff, as well as current information on the websites of FKP Scorpio and of the respective festival apply.


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

1.15.1.    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 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.

1.15.2.    The sole place of performance, including delivery, service and payment, shall be Hamburg, provided that the customer is an entrepreneur, a legal entity under public laws or a special fund under public laws.

1.15.3.    Where customers are entrepreneurs, legal entities under public laws or special funds under public laws with residence (e.g. head office, main branch, etc.) in the Federal Republic of Germany, the courts of Hamburg shall have exclusive (including international) jurisdiction for disputes arising directly or indirectly from the contractual relationship between the customer and FKP Scorpio. Where customers do not have their domicile in the Federal Republic of Germany and are not consumers, the courts of Hamburg shall have exclusive (including international) jurisdiction for such disputes. In addition, Hamburg shall be the exclusive place of jurisdiction for all other disputes where the customer is not domiciled in the Federal Republic of Germany. However, all abovementioned choices of jurisdiction are only exclusive insofar as no other exclusive jurisdiction is binding by laws. In any case, FKP Scorpio is also entitled to sue customers at the place of their general jurisdiction or at another place of national or international jurisdiction.

1.15.4.    Consumers, i.e. all natural persons who enter into a legal transaction for purposes that predominantly are outside his trade, business or profession, 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
•    If consumers have not purchased tickets on the internet, we note that we will not participate in any out-of-court dispute resolution procedures.


2.    Measures in relation to the Covid-19-pandemic and similarly contagious diseases

2.1.    Safety and health checks at the entrance / expulsion from an event

2.1.1.    FKP Scorpio may demand, to an appropriate extent, the disclosure of personal data required for the prevention of infections or for contact tracing, proof of adequate measures to prevent infections (testing/immunization proof) as well as participation appropriate health checks (e.g. temperature measurements) in relation to the Covid-19-pandemic and similarly contagious diseases.

2.1.2.    FKP Scorpio may deny admission to an event and expel visitors from an event, if a visitor:

a.    does not disclose personal data demanded based on the above No. 2.1.1., in particular health data (this includes first and surname, address, telephone number, e-mail address, declarations on their current state of health or stays in high risk or virus variant regions) prior to the respective event; FKP Scorpio may submit this data to competent authorities (e.g. health authorities), in compliance with statutory, in particular data protection law; or

b.    does not present proof of adequate measures to prevent infections pursuant to the above No. 2.1.1., such as a negative test on a Covid-19-infection from the same day, or an appropriate proof of immunization (e.g. proof of a complete vaccination or a healed Covid-19-infection, including additional vaccinations, if necessary), or, if necessary, both of the above (i.e. negative test result and proof of immunization);

c.    had been infected with the coronavirus, had contact with an infected person or stayed in a high risk or virus variant region within the two weeks preceding the event without demonstrably complying with applicable legal/governmental requirements for infection prevention (e.g. quarantine, testing);

d.    has an elevated body temperature, respiratory symptoms, constraints in her sense of taste or sense of smell or other typical symptoms of an infection with the coronavirus, which reasonably justify the conclusion that the visitor presents a health risk, or

e.    refuses to have her body temperature taken or refuses to participate in other appropriate health checks;
provided that denying admission/exclusion from the event is not disproportionate and that the measures under the above letters a. through e. do appear appropriate in light of the prognosis to be made in relation to the health risks associated with the Covid-19-pandemic or a similarly contagious disease.

2.1.3.    If FKP Scorpio exercises one of the rights under No. 2.1.2., any claim for (re-) admission or refund of the ticket price is excluded.


2.2.    Preventive measures and orders during the event

2.2.1.    FKP Scorpio may further order appropriate preventive measures, require cooperation and order rules of conduct, in particular to comply with health regulations. For example, FKP Scorpio may order to:

a.    wear medical moth and nose covering (e.g. FFP2 marks) in front of and within the venue;

b.    comply with hygiene rules (e.g. distance requirements, disinfection measures, etc.) and a protective and/or hygiene concept;

c.    participate in test and safety measures, e.g. measurement of body temperature or rapid test for the detection of Covid-19 and similarly contagious diseases;

d.    proof of other supporting documents and evidence that are relevant and adequate for safety and health reasons.

2.2.2.    Visitors have to comply with orders by FKP Scorpio and the security staff. FKP Scorpio may make attendance and stay at the event/on the Festival Site contingent upon compliance with these orders, provided that denying admission/exclusion from the event is not disproportionate and that the measures under the above letters a. through d. do appear appropriate in light of the prognosis to be made in relation to the health risks associated with the Covid-19-pandemic or a similarly contagious disease.

2.2.3.    If FKP Scorpio exercises one of the rights under No. 2.2.2., any claim for (re-) admission or refund of the ticket price is excluded.


2.3.    Residual infection risks

FKP Scorpio notes that a risk of an infection with Covid-19 or a similarly contagious disease may not be entirely excluded even if a protective and hygiene concept as well as all appropriate hygiene measures are fully adhered to.


Part C    Conditions for accommodation tickets

 

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, which FKP Scorpio will declare by sending an accommodation ticket by post or e-mail.


2.    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 reception of the Weissenhaeuser Strand GmbH & Co. KG at the beginning of the festival.

Accomodation – whether apartment, bungalow or hotel room – 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.


3.    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.


4.    Night rest / disturbances

During the festival, 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) festival program.

Any disturbances caused by 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 or by musical performances during the (official) festival program at the designated places.


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

The lessee may cancel accommodation leased in addition to a Festival Pass at any time before the start of the festival. The cancellation needs to be declared towards the lessor. The lessee needs to declare unambiguously whether she wishes to cancel the accommodation lease and the Festival Pass or only the accommodation lease. We recommend a cancellation notice on a durable data carrier (e.g. letter, fax or e-mail).

If the lessee cancels both the Festival Pass and the additional accommodation lease, the Lessor loses the claim for the price for the Festival Pass and the accommodation lease. If the lessee only cancels the accommodation lease, the lessor only loses the claim for the price for the accommodation lease.

In both cases, the lessor may claim reasonable compensation instead of the ticket price(s). The lessor 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 the lessor and if their consequences could not have been avoided even if all reasonable precautions had been taken.

The lessor makes of her option to set a lump sum for reasonable compensation. The following lump sums represent the price for the accommodation lease minus expenses saved by the lessor and minus the value of what the lessor receives through other use of her services. The lump sums take into consideration the time period between cancellation notice and start of the festival. At the request of the lessee, the lessor shall justify the amount of reasonable compensation.

The following lump sums apply in case the lessee cancels both the Festival Pass and the accommodation:

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 price for the Festival Pass purchased along the accommodation lease 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 Festival Pass.

If the lessee only cancels the accommodation lease, only the lump sums under letter a. apply. No compensation for the Festival Pass has to be paid; the Festival Pass remains valid.
In all cases, the lessee is permitted to prove that the reasonable compensation for the lessor should be less than the lump sums specified above.

The lessor reserves the right to demand compensation higher than the lump sums specified above based on an individual calculation, if she can prove that she has incurred significantly higher expenses than the respective compensation lump sum. In that case, the lessor is obliged to quantify and justify the compensation, taking into account saved expenses and what she receives through other use of her services.


6.    Cancellation of accommidation lease without a Festival Pass

The lessee may cancel accommodation leased without a Festival Pass at any time before the start of the festival. In that case, the abovementioned conditions for a cancellation of an accommodation lease of No. 5 apply accordingly.


7.    Cancellation by the lessor

The lessor reserves the right to cancel the lease contract of any accommodation lease up until 14 calendar days before the beginning of the festival (i.e. of the lease period), in case the number of bookings is insufficient. In that case, payments will be refunded in full.

 

 

As of: 15 November 2022