The following General Terms and Conditions of FKP Scorpio Konzertproduktionen GmbH (hereinafter also "we", "us") govern both the purchase of tickets from FKP Scorpio Konzertproduktionen GmbH (Part A) and the conditions that apply to events promoted by FKP Scorpio Konzertproduktionen GmbH alone or together with other event promoters as organizers (Part B). Furthermore, the house rules of the respective event venue apply. By purchasing and holding a ticket to an event, the applicability of these Terms and Conditions is accepted.
In the following, all references to customers, consumers, promoters, and other persons are in principle made to the female form (“she”) for ease of reference. However, this designation as well as all references to persons in the male form (“he”), if any, shall refer to persons of all gender.
These general terms and conditions apply to the customer's participation in the music festival Plage Noire (in short: "PN") at Weissenhaeuser Strand. The following part A. of these general terms and conditions applies to the purchase of festival tickets. The following part B. of these general terms and conditions applies to accommodation tickets that are booked in addition to the festival ticket or are purchased independently of a festival ticket.
The contract is concluded with FKP Scorpio Konzertproduktionen GmbH (hereinafter also: "promoter" or "we"). Weissenhaeuser Strand GmbH & Co. KG or any other (marketing) partner shall not become a contractual partner. (They merely accept orders for festival and accommodation tickets as messengers to FKP Scorpio Konzertproduktionen GmbH and forward them to FKP Scorpio Konzertproduktionen GmbH). Weissenhaeuser Strand GmbH & Co. KG sells the festival and accommodation tickets on behalf and for the account of FKP Scorpio Konzertproduktionen GmbH.
In the following, the female form ("customer", "promoter", "consumer" etc.) is used to designate customers, promoters and other persons for reasons of better readability. These designations as well as any personal designations in the masculine form refer to persons of all genders.
Part A. Provisions for festival tickets and the participation in the Plage Noire
1. Offer and conclusion of contract
Individual festival tickets are available while supplies last. The offers regarding Plage Noire on the website plagenoire.de are non-binding, subject to change and do not represent offers in the legal sense. No liability is assumed for possible misrepresentations on the website. Subsequent changes are reserved. At the latest with the publication of a new price list the price list valid until then loses its validity. Information given orally or by telephone is only non-binding information. The written reservation confirmation of FKP Scorpio Konzertproduktionen GmbH, which is sent by mail or e-mail, is decisive for the content of the contract for the festival tickets.
2. Prices and terms of payment for the festival tickets /Exclusion of the right of withdrawal
The valid festival ticket prices published on the website apply per person and include the statutory value added tax. For any bookings made separately, such as upgrades or changes to existing bookings, a processing fee of € 19.00 (incl. VAT) will be charged; the customer is entitled to prove that the promoter has incurred no loss or a significantly lower loss than the flat rate of € 19.00 (incl. VAT).
Depending on the event and order modality, payment can be made by credit card (Visa or MasterCard), by advance payment by bank transfer or by immediate bank transfer. The legal sales tax (VAT) is included in the price. The total price of the order including all fees is due for payment immediately after conclusion of the contract for the payment methods credit card and immediate bank transfer. Deviating from this, in the case of payment in advance, the total price is to be transferred in full to the account named by FKP Scorpio Konzertproduktionen GmbH by the date communicated. The payment processing for Visa and MasterCard is carried out by CTS EVENTIM Nederland B.V., P.O. Box 3096, 2130 KB Hoofddorp, The Netherlands. For instant bank transfers, the payment processing is carried out by SOFORT GmbH.
Withdrawal by the ticket holder from the concluded ticket purchase contract (the contract is concluded by sending the reservation confirmation by mail or e-mail) is excluded for the purchase of event tickets without overnight accommodation. The statutory rights of withdrawal (e.g. in the event of default in performance or impossibility) shall remain unaffected. For accommodation tickets that are booked in addition to the festival ticket or purchased independently of a festival ticket, the provisions of the following clause B.3 apply.
3. Tickets (admission authorization)
The admission ticket sent by mail or e-mail, after receipt of the entire invoice amount, constitutes the admission authorization for the concerts and must be exchanged for a festival wristband on site. If the customer has booked an accommodation ticket in addition to the festival ticket, the written or e-mailed confirmation of reservation, after receipt of the entire invoice amount, constitutes the admission authorization for the concerts; this confirmation of reservation must also be exchanged for a festival wristband on site.
4. Handling of the admission ticket
Once the ticket has been stamped or exchanged for a festival wristband, it is no longer transferable. Commercial resale of the tickets is not permitted. The tickets may not be sold privately at a higher price than the printed ticket price plus proven fees that were charged when the ticket was purchased. Finally, use of the tickets for raffle purposes and/or to conduct prize draws is expressly prohibited. Violation of these conditions will result in loss of admission without compensation, i.e. the ticket will lose its validity in this case and the promoter will be entitled to confiscate this ticket without refunding the admission fee.
In case of loss of the ticket or the festival wristband, for which the promoter is not responsible, there will be no replacement and no refund of the entrance fee.
5. Children under 6 years
Children 6 years and older need their own ticket to attend the event. Children under 6 years old can be taken to the resort free of charge. However, it is not allowed to take children under 6 years old into the venues during the musical performances. In addition, the participation of children and minors in the event is determined by the parents on the basis of the law of personal care - taking into account the law for the protection of minors. According to the German Civil Code (BGB), parents have the duty and the right to care for the minor child (under 18 years). In addition, the legal provisions of the Youth Protection Act (JuSchG) apply to all events.
6. Capacity of the event space
The maximum number of visitors allowed at specific event areas is limited for security reasons and will be enforced by the ordinance staff. It does not entitle the visitor to a partial refund of the invoice sum, if the temporary admission to individual event areas cannot be granted for security reasons.
7. Program Changes
Program changes can occur at festivals. In the event of the cancellation of individual artists (groups), the promoter shall endeavor to make appropriate substitutions. The visitor shall not be entitled to any claim with regard to the cancellation of individual artists (groups).
8. House rules and parking regulations
The ticket holder is bound to the rules and regulations in force at the respective facilities of the Weissenhaeuser Strand GmbH & Co. KG (house rules, parking regulations, etc.). By participating in the festival, the ticket-holder recognizes the regulations set up for the respective facilities as binding. In case of a material violation of these regulations (disturbance of domestic peace etc.) the contract may be terminated without notice.
9. Smoking and smoking ban
The vacation and leisure park as well as the beach hotel are smoke-free facilities. Smoking is permitted in the designated smoking areas.
10. Beverage rules Galeria and event locations
Glasses are not allowed in the Galeria. Filled plastic drinking cups (official festival cups) are allowed at the Galeria and in every event location.
11. Prohibited items in the venues
For reasons of security and order as well as the avoidance of waste, a security check by the security service takes place at the entrance to the festival area. The bringing of several items (e.g. weapons, drugs, etc.) into the different locations is prohibited. The valid list of all prohibited objects is visible on the festival homepage.
12. Image and sound recordings
Only small format cameras and cell phones with camera function are permitted in the venues. It is not permitted to bring SLR cameras, cameras with zoom lenses or with video function of any kind. Video cameras and audio recording devices of any kind, such as tape recorders, MP3 recorders and dictaphones, are also prohibited. The promoter may refuse the guest entry to the venue if the guest is not willing to return the devices at the entrance. The promoter is not obligated to keep the items in safe custody.
All rights to audio and video recordings of the event for the purpose of commercial exploitation are the exclusive property of the promoter. No one may record, broadcast and/or make publicly available such recordings for commercial purposes without the prior written consent of the promoter. This includes in particular the distribution of such recordings directly via the Internet.
13. Utilisation of sound and image recordings
The visitor consents irrevocably to the free use of his portrait and voice for photographs, live broadcasts, broadcasts and/or recordings of images and/or sound recordings made by the promoter, its agents or other third parties in connection with the event, and their subsequent exploitation in all current and future media (such as in particular in the form of audio and video carriers as well as the digital distribution, for example, via the Internet).
14. Exclusion of visitors
If there is an important reason, in particular if a visitor commits crimes (e.g. assault, theft, drug trafficking) or the setting of fireworks on the event site, the promoter is entitled to exclude the visitor from the event. If the promoter makes use of its right of exclusion, the ticket or festival wristband loses its validity. A claim for renewed admission or reimbursement of the purchase price is excluded.
15. Hearing and health problems
The promoter is only liable for hearing and other damage to health if it and its vicarious agents are guilty of intent or gross negligence or if a duty of care is culpably not fulfilled. Visitors should avoid placing themselves in direct proximity of the loudspeaker boxes; appropriate barriers must be observed. Remaining in the immediate vicinity of the loudspeaker boxes, or beyond barriers, is at the visitor's own risk. The use of earplugs is highly recommended, especially near the stages.
16. Liability of the promoter
The contractual and statutory liability of the promoter for damages of any kind is excluded. This exclusion does not apply
• for damages caused by the promoter intentionally or because of gross negligence;
• in cases of (mild or simple) negligence of the promoter for damages due to injury to life, body or health; as well as
• for the mild or simple negligent violation of essential contractual obligations by the promoter. Essential contractual obligations are those which must be fulfilled for the contract to be properly executed, and the compliance with which the visitor regularly relies upon and is allowed to rely upon.
In cases of slight or simply negligent violation of essential contractual obligations, the liability of the promoter - except for damage to life, body or health - is limited to the contractually typical damage foreseeable for the promoter upon conclusion of the contract or conduct of the breach of duty.
The above exclusions and limitations of liability also apply to the liability of the promoter for its organs, employees and vicarious agents as well as the personal liability of the organs, employees and vicarious agents of the promoter.
17. Cancellation, termination or postponement of the event
17.1 An event can be cancelled or postponed. Please check our website in good time before the start of your trip to see whether the event will take place as planned.
17.2 Our liability in the event of cancellation, termination, postponement or other material changes to the event is limited to the refund of the nominal value of the ticket. Personal arrangements made by the ticket holder resp. guest, including travel in connection with the event, over and above the services contained in the ticket are made at his or her own expense and risk. In such cases, the promoter is not liable beyond the refund of the nominal value of the ticket, in particular not for any expenses incurred. For this limitation of liability, the limitations according to clause A.16. apply accordingly.
A material change occurs when there is a change that makes the event a substantially different event than a ticket purchaser can reasonably expect. A change of one or more artist in the line-up of a festival does not constitute a material change in this sense.
17.3 If the event is cancelled, terminated or postponed due to circumstances for which the promoter is not responsible (force majeure), the right of the ticket holder resp. guest to withdraw from the contract or otherwise demand its cancellation is excluded, subject to the following provisions. In the event of cancellation or termination, the promoter has the right to postpone the event at his own discretion.
If the event is postponed or - in case of cancellation or termination - made up for, the tickets for the event shall remain valid. However, the ticket holder resp. guest may demand reimbursement of the face value of the ticket in accordance with clause A.17.2 if he or she is unable to attend the postponed or rescheduled event for objective reasons.
Force majeure shall be deemed to exist in particular if the event in question is beyond the control of the promoter. For example, force majeure shall be deemed to be war, civil war, war-like events, acts of terrorism, political unrest and/or use of chemical, biological, biochemical substances and/or nuclear energy. Force majeure also exists in the event of pandemics, epidemics, epidemics or similar disease risks 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 if state, official or other public-law interventions and measures such as orders, general decrees etc., for which the promoter is not responsible, occur which conflict with the implementation of the event.
Force majeure shall be deemed to exist both when a corresponding event has occurred and when such an event is reasonably likely to occur at the time of the event. The assessment of whether such an event has occurred or is imminent is made by the promoter at its reasonable discretion, in particular taking into account the interests of the customer.
17.4 If the event is finally cancelled by the promoter (i.e. the event is finally not rescheduled or postponed), regardless of whether this final cancellation is made immediately or at a later date - in particular after the promoter has checked whether the event can be rescheduled and/or postponed - and the promoter is not responsible for the cancellation, termination or postponement in accordance with the provisions of clause A.17.3, the guest may demand reimbursement of the face value of the ticket in accordance with clause A.17.2. A potential guest's claim to (in the event of termination after the start: pro rata) reimbursement of the ticket price shall expire after six months. This time limit begins with the guest's knowledge of the final cancellation and the due date of the claim. Possible shipping costs as well as service and advance booking fees will not be refunded, as this is a compensation for services rendered and expenses incurred.
17.5 Any further statutory rights of the promoter remain unaffected in any case and continue to apply.
18. Existence of infection risks
The promoter points out that even if an appropriate protection and hygiene concept is fully implemented and all necessary hygiene measures are observed, infection with the coronavirus (SARS-CoV-2) or other pathogens cannot be completely ruled out.
19. Security and health checks at admission with regard to the Covid-19 pandemic and similar infectious diseases / exclusion from the event
19.1 In view of the Covid-19 pandemic and similar infectious diseases, the promoter reserves the right to demand, to a reasonable extent, the transmission or provision of personal data for infection prevention and contact tracing purposes, proof of the implementation of appropriate infection protection measures (testing and/or proof of immunization), and cooperation in appropriate health checks (e.g. temperature measurements).
19.2 The promoter is entitled to refuse admission to the event as well as to exclude the visitor from remaining on the event premises if the visitor:
a. fails to provide required personal data, in particular health data, (first name and surname, address, telephone number or e-mail address, declarations on health status and stay in risk areas) prior to arrival and prior to the start of the event, whereby the promoter shall be entitled in particular - in compliance with the statutory regulations, in particular data protection law - to transmit such data to the competent authorities (e.g. health authorities), or
b. does not provide proof of the implementation of necessary infection protection measures, such as a daily negative test for the coronavirus or suitable proof of immunization (proof of complete vaccination or of a completely healed infection with the coronavirus, including any necessary follow-up vaccinations) or, if applicable, both (i.e. negative test result and proof of immunization), or
c. has been infected with the coronavirus, has had contact with an infected person, or has been in a risk or virus variant area in the two weeks prior to the start of the event and has not demonstrably complied with the measures ordered by law or by the authorities or otherwise required for infection prevention (e.g. quarantine, testing), or
d. exhibits an elevated body temperature, respiratory symptoms, impairment of the senses of smell and taste, or other typical signs of infection with coronavirus that reasonably indicate that the visitor poses a health risk; or
e. refuses to have his or her body temperature taken or refuses to participate in other reasonable health checks, unless the refusal of admission or exclusion from the event is disproportionate in the individual case, and provided that the measures under letters a. to e. above appear reasonable according to the prognosis to be made by the promoter with regard to the health risks posed by the Covid 19 pandemic.
19.3 If the promoter exercises its right of exclusion, the admission ticket shall lose its validity. A claim for renewed admission or refund of the purchase price is excluded.
20. Preventive measures and orders during the event
20.1 The promoter may order further appropriate preventive measures, require acts of cooperation and prescribe rules of conduct, in particular to meet health-related requirements. For example, the promoter may order:
a. wearing of medical mouth-nose coverings (e.g. FFP2 masks) before and on the event premises;
b. adherence to hygiene rules (distance requirements, disinfection measures, etc.) and following a protection and/or hygiene concept;
c. participating in testing and safety measures, e.g., measuring body temperature or participating in rapid tests to detect or rule out infectious diseases (e.g., SARS-CoV-2 virus including mutated virus forms);
d. submission of other evidence and proof that is useful and appropriate for the promotion of safety or health-related issues.
20.2 The visitors shall comply with the orders of the promoter as well as the instructions of the security service in this regard. The promoter may make attendance at the event or remaining on the event premises conditional upon compliance with its orders and instructions. If the promoter exercises its right of exclusion, the provisions of clause A.19.3 shall apply.
21. Cancellation / rescheduling / reduction of the number of participants due to the Covid 19 pandemic including mutations or similar infectious diseases
21.1 If the event is cancelled due to the Covid 19 pandemic, including mutations or similar infectious diseases, without the cancellation being the responsibility of the promoter, the promoter will make up the event as far and as soon as possible and reasonable. In this case, the tickets remain valid. In all other respects, the provisions of clause A.17 shall apply.
21.2 If, after the start of advance ticket sales, the maximum number of visitors must be limited in view of the Covid 19 pandemic or a similarly infectious disease and if the number of tickets sold exceeds the then permissible number of visitors, the promoter shall be entitled to cancel tickets to the extent necessary. The same applies to tickets that entitle the holder to visit special areas (e.g. backstage area). In addition, the promoter is entitled in this case to redistribute seats within the same price category to the extent necessary, e.g. in order to maintain necessary distances between visitors, as well as - at no extra charge - to assign the visitor a seat of a higher price category or to convert standing room into seats.
The allocation of seats in a lower price category as well as the conversion of seats into standing room is only possible against reimbursement of the price difference; in this case, the visitor is entitled to withdraw from the contract within a reasonable period after receipt of the notification of this allocation or conversion, this period to be set by the promoter, to which the promoter will expressly refer in the notification.
The promoter will determine by means of an appropriate, transparent and non-discriminatory procedure which tickets will be cancelled or converted and how any redistribution of tickets to be made will take place.
For cancelled tickets, the visitor will receive a refund of the ticket price printed on the ticket or, at the discretion of the promoter, a corresponding value voucher, if the promoter is entitled by law to issue vouchers in this case. Further claims for compensation or reimbursement of expenses (e.g. with regard to cancellation costs for travel or hotel bookings) do not exist. In all other respects, the exclusions and limitations of liability of these General Terms and Conditions apply (see clause A.16.).
22. Legal Relations / Dispute Resolution
22.1 The legal relationships shall be governed exclusively by the laws of the Federal Republic of Germany to the exclusion of the German conflict of laws provisions and the UN Convention on Contracts for the International Sale of Goods. Irrespective of the above provision on the choice of law, consumers who have their habitual residence outside the Federal Republic of Germany may, however, always invoke the protection of the provisions which may not be derogated from by agreement under the law of the country in which they have their habitual residence; this shall not apply insofar as a contract for the provision of services is concluded under which the services owed to the consumers must be provided exclusively in Germany.
22.2 The European Commission shall provide a platform for online dispute resolution here as of February 15, 2016. The e-mail address of FKP Scorpio Konzertproduktionen GmbH is: email@example.com. If the customer has not purchased tickets via the Internet, FKP Scorpio Konzertproduktionen GmbH points out that it does not participate in an out-of-court dispute resolution procedure in disputes with customers who are consumers.
Part B. Provisions for accommodation tickets
1. Offer and conclusion of contract
The individual accommodation tickets are available while stocks last. The offers about Plage Noire on the website plagenoire.de are subject to change and do not represent offers in the legal sense. No liability is assumed for possible misstatements on the website. Subsequent changes are reserved. At the latest with the publication of a new price list the price list valid until then loses its validity. Information given orally or by telephone is only non-binding information. The written reservation confirmation of FKP Scorpio Konzertproduktionen GmbH, which will be sent by mail or e-mail, is decisive for the content of the contract for the festival tickets.
2. Prices and terms of payment for accommodation tickets
The valid accommodation prices published on the website apply per person and include the statutory value added tax. In addition, there is a one-time booking fee of € 25.00 (incl. VAT) per apartment for accommodation tickets. For any bookings made separately, such as upgrades or changes to existing bookings, a processing fee of € 19.00 (incl. VAT) will be charged; the customer is entitled to prove that the promoter has incurred no loss or a significantly lower loss than the flat rate of € 19.00 (incl. VAT).
The payment of the accommodation tickets shall be made on invoice. The accommodation price is due for payment in full within 14 days of receipt of the invoice. If the festival starts within 20 days after receipt of the reservation, the total amount is due immediately. For this purpose, we kindly ask you to use the remittance slip enclosed with the order confirmation. If you do not have this form or in case of online transfer, please transfer the amount due to the account of the Weissenhaeuser Strand Betriebs GmbH at the Volksbank: OH NORD EG, BIC (SWIFT-CODE) GENO DEF1NSH, IBAN: DE95 2139 0008 0000 515000. Please enter your invoice number under reason for payment.
We also accept Mastercard and Visa credit cards when booking by phone.
3. Tickets (admission authorization)
In the case of accommodation tickets, the confirmation and a fully completed key receipt, after receipt of the entire invoice amount, constitutes the admission authorization for the accommodations. The keys to the apartments as well as the admission authorization are available for collection at the reception of the Weissenhaeuser Strand GmbH & Co. KG at the beginning of the festival.
4. Moving in and out of the accommodation / borrowed items
The apartment, bungalow or hotel room (hereinafter referred to as the "rented object") is rented for two nights from the beginning of the festival. On the day of arrival you can move into the rented object from 15:00 h at the latest. Keys to the rented apartments will be handed out at the reception against a key receipt.
On the day of departure, the rented object must be made available by 12:00 h (exceptions until 14:00 h are to be asked at the reception upon arrival or during the stay) and the key must be returned to the reception. The rented object is rented with complete inventory according to the inventory list and one-time linen equipment. The inventory is to 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. It is not allowed to bring pets. Exceptions can be made for some types of apartments on request.
5. Children under 6 years
Children under 6 years of age require their own accommodation ticket. Children under 6 years old can be taken to the resort free of charge. For the participation of children in the festival, the provisions of clause A.5 apply.
6. House rules / smoking / beverage regulation Galeria and venues
The person renting the accommodation and all accompanying persons are obligated to observe the rules and regulations applicable in the respective facilities of Weissenhaeuser Strand GmbH & Co. KG (house rules, parking rules, swimming pool rules, etc.). By using them, these persons recognize the rules posted for the facility as binding. In case of use of the rental property contrary to the contract, such as subletting, overcrowding, disturbance of domestic peace, etc., the contract may be terminated without notice.
With regard to smoking and the smoking ban as well as the beverage regulation Galeria the provisions of clauses A.9. and A.10. apply. Unauthorized smoking in the accommodations will be charged according to the cleaning effort.
7. Disturbance of peace by night / night rest
Disturbance of the peace by exercises on the nearby military training area Putlos or by musical performances within the framework of the (official) festival program at the designated places is possible.
During the festival, night rest is valid in all accommodations, hotel rooms and public ways of the whole vacation park between 01:00 h and 08:00 h in the morning. Excluded from this are the event areas within the (official) festival program. Possible night disturbances (e.g. by other festival guests) do not entitle to a reduction of the invoice amount.
8. Safety and health controls / preventive measures with regard to the Covid-19 pandemic and similar infectious diseases
The promoter may undertake appropriate safety and health checks and preventive measures with regard to the Covid-19 pandemic and similar infectious diseases. The provisions of clauses A.19. and A. 20. shall apply accordingly.
9. Cancellation of accommodation tickets booked in addition to a festival ticket
9.1 The Customer may withdraw from the purchase of accommodation tickets booked in addition to a festival ticket at any time before the event begins. The withdrawal must be declared to the promoter. It is recommended to declare the withdrawal on a permanent data medium (e.g. by letter, fax or e-mail).
9.2 If the customer withdraws in accordance with clause B.9.1, the promoter loses its claim to the price of the festival ticket and the accommodation ticket. Instead, the promoter may demand reasonable compensation. However, the promoter cannot demand compensation if it is responsible for the withdrawal or if unavoidable and extraordinary circumstances occur at the destination or in its immediate vicinity that significantly impair the implementation of the event or the transportation of persons to the venue. Circumstances are unavoidable and extraordinary if they are beyond the control of the promoter and their consequences could not have been avoided even if all reasonable precautions had been taken.
9.3 The promoter makes use of the option to set a flat rate for the amount of reasonable compensation. The following lump sums for compensation are determined by the price of the accommodation ticket less the value of the expenses saved by us and less what we acquire by using the services elsewhere. The lump sums also take into account the period between the cancellation notice and the start of the event. The amount of compensation shall be justified by the promoter at the customer's request.
The following flat rates for compensation shall apply:
a) Accommodation ticket
In case of cancellation
• up to the 30th day before the start of the event: 20%,
• from the 29th to the 15th day before the start of the event: 60%,
• from the 14th to the 3rd day before the start of the event: 80%,
• from the 2nd day before the start of the event until the day of the start of the event: 95%.
b) Festival ticket
The price of the festival ticket purchased shall not be taken into account when calculating the above compensation flat rates. The customer must reimburse the price of the festival ticket in full.
9.4 In all cases, the customer shall be permitted to prove that the reasonable compensation to which the promoter is entitled is significantly lower than the flat rate demanded by us.
9.5 The promoter reserves the right to demand higher, individually calculated compensation instead of the above compensation lump sums, insofar as it can prove that it has incurred significantly higher expenses than the applicable compensation lump sum. In this case, we shall be obliged to specifically quantify and justify the compensation demanded, taking into account the expenses saved as well as less what we acquire through other use of the services.
9.6 If the price of the accommodation ticket is based on the occupancy rate for the accommodation (double room, apartment, etc.) and if one of the participants co-registered by the customer withdraws from the contract, the price for the remaining participants shall be recalculated according to the reduced occupancy rate.
10. Cancellation of accommodation-only bookings
10.1 Cancellation by the customer of accommodation-only bookings, i.e. if the accommodation ticket was purchased without a previously booked festival ticket (e.g. for accompanying children who do not participate in the event), is only possible if we have granted the customer a contractual right of cancellation or if the customer is entitled to a statutory right of cancellation due to impairment of performance.
10.2 Whether and under what conditions the promoter grants the customer a contractual right of withdrawal, we generally indicate individually during the booking process. If, with the written consent of the promoter, a cancellation should be made, the following conditions apply, unless something else has been individually agreed or stated with the respective customer during the booking process:
• In case of cancellation up to 30 days before the first day of the booked stay, a compensation lump sum of 20% will be charged.
• In case of cancellation from the 29th to the 8th day before the first day of the booked stay, a compensation lump sum of 40% will be charged.
• In case of cancellation from the 7th day to the day before the first day of the booked stay, a compensation fee of 60% will be charged.
• In case of cancellation on the first day of the booked stay, a compensation lump sum of 95% will be charged.
10.3 In the above compensation lump sums, we have taken into account the expenses saved by us according to experience and what we acquire according to experience through other use of the accommodation service. The lump sums also take into account the period between the notice of cancellation and the start of the booked stay.
10.4 In all cases, the customer is entitled to prove that the damage incurred by the promoter is significantly less than the flat rate demanded by us.
10.5 The promoter reserves the right to demand higher, individually calculated compensation instead of the above compensation lump sums, insofar as it can prove that it has incurred significantly higher expenses than the applicable compensation lump sum. In this case, we shall be obliged to specifically quantify and justify the compensation demanded, taking into account the expenses saved as well as less what we acquire through other use of the services.
11. Liability of the promoter
The promoter shall be liable for loss or damage to the items brought in by the person renting in accordance with the statutory provisions of §§ 701 et seqq. German Civil Code (BGB).
In all other respects, the provisions of clause A.16. shall apply accordingly.
12. Legal relations / dispute settlement
The provisions of clause A.22. shall apply accordingly.
As at: May 6th, 2022