Terms & Conditions
Terms & Conditions
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Part A Ticket purchase / Inclusion of travel services
FKP Scorpio Konzertproduktionen GmbH distributes the tickets on behalf of the relevant promoter as an agent or as commission agent, unless it is expressly designated as the promoter in individual cases. In this case, it distributes the tickets in its own name and on its own behalf. By ordering tickets, the customer instructs FKP Scorpio Konzertproduktionen GmbH to process the card purchase, including shipping. Where FKP Scorpio Konzertproduktionen GmbH sells tickets on behalf of the respective promoter as an agent or commission agent, it is not the promoter of the events offered. These are carried out by the relevant promoter, who is also the issuer of the tickets. By purchasing the ticket, contractual relations about the event or visit are concluded exclusively between the cardholder (customer) and the respective promoter. For these legal relations, the general terms and conditions of the relevant promoter might apply. If FKP Scorpio Konzertproduktionen GmbH is itself the promoter, then the terms and conditions of Part B of these General Terms and Conditions apply to the event. When purchasing tickets for an event, any general terms and conditions of our possible ticket partners through whom the ticket for the event was purchased will also apply.
If tickets are sold in combination with transport services provided by third parties, the terms and conditions of the third party apply to the transport services. The customer is requested to familiarise himself with the terms and conditions of the third-party regarding transport services. Any claims relating to the transport services are to be asserted against the third party.
Overview of topics Part A
- Scope of validity
- Contract conclusion, cancellation
- Items making up the price and payment methods
- Right to cancel and sample cancellation form
- Upgrades & Exchange
- Retention of ownership, set-off, right of retention when purchasing on invoice
- Limitation of liability, exclusion of cancellation rights for certain breaches of duty
- Prohibition on the use of tickets for competitions
- Applicable law, place of provision, jurisdiction, out-of-court settlement of disputes
For all contracts and orders for the delivery of tickets, the following general terms and conditions apply in relation to FKP Scorpio Konzertproduktionen GmbH.
II. Contract conclusion, cancellation
II.1 The offer to create a contract is made by the customer when he or she clicks on the "Buy" field. Only at the point at which FKP Scorpio Konzertproduktionen GmbH agrees to the offer and sends the transaction number to the customer, is a contract between the customer and the respective promoter (who can also be FKP Scorpio Konzertproduktionen GmbH) created. An exception to this is when the contract is concluded with payment in advance as the payment method, in which case the contract is created with the confirmation of receipt of the full payment by FKP Scorpio Konzertproduktionen GmbH.
II.2 The customer must check the shipment immediately upon receipt for completeness. Complaints can only be accepted up to 7 days after receipt of the shipment.
For the correctness of the data contained in the online presence of FKP Scorpio Konzertproduktionen GmbH - as far as events are concerned, in which FKP Scorpio Konzertproduktionen GmbH is not the promoter - no guarantee is offered.
II.3 FKP Scorpio Konzertproduktionen GmbH is entitled to cancel an order made by the customer for which a transaction number has already been allocated (unilateral right of withdrawal) if the customer violates specific conditions set by the promoter or by FKP Scorpio Konzertproduktionen GmbH, to which his attention has been drawn in the context of presale, or attempts to circumvent the terms and conditions have been made (e.g. violation of limit on the number of tickets per customer, violation of the terms of the document, especially against resale prohibitions, attempting to bypass rules by logging in and using multiple user profiles, etc.). The declaration of cancellation/withdrawal may also be made implicitly by crediting back the monies paid by the customer.
II.4 The right of cancellation is governed by §§ 346 ff. of the BGB (German Civil Code), excluding § 350 BGB (German Civil Code).
II.5 In case of cancellation, abandonment, relocation, or any other kind of non-execution of an event, the claims of the customer are solely based on the contractual relationship with the respective promoter. If FKP Scorpio Konzertproduktionen GmbH has sold the tickets itself as the event promoter, the customer's claims in this respect are based on the following Terms and Conditions that apply to events (Part B I.4).
III. Items making up the price and payment methods
III.1 Payment can be made by credit card (Visa or MasterCard), in advance by bank transfer or by immediate bank transfer, depending on the event and order method. The legally required value added tax is included in the price. The total price of the order including all fees is, where payment is made by credit card or immediate bank transfer, due for payment immediately upon conclusion of the contract. As an exclusion from the above, in the case of the advance payment method, the total price is to be transferred in its entirety to the account named by FKP Scorpio Konzertproduktionen GmbH on or before the date communicated to the customer. Payment for Visa and MasterCard is handled by CTS EVENTIM Nederland B.V., PO box 3096, 2130 KB Hoofddorp, Netherlands. For immediate transfers, the payment is processed through SOFORT GmbH.
III.2 In the case of an internet order, service and shipping costs are charged, which may vary depending on the event. These fees are displayed to the customer in the shopping cart - there are no other costs except for those shown. Gift packaging will be charged additionally at the rate indicated.
III.3 Insofar as FKP Scorpio Konzertproduktionen GmbH sells tickets on behalf of the respective promoter as an agent or commission agent, contractual relationships with regard to event attendance are exclusively between the customer and the respective promoter. If the customer - apart from the case of a possible revocation according to the following section IV. - has claims for reimbursement of payments made, he/she can therefore hereby make claims solely against the promoter. Any service and shipping costs, including advance booking fees, shall remain finally with FKP Scorpio Konzertproduktionen GmbH, as this is a compensation for services rendered and expenses incurred.
IV. Right to cancel and sample cancellation form
A right of cancellation exists only for consumers. Consumers are all-natural persons who purchase tickets for purposes that cannot be attributed primarily to their commercial or self-employed professional activities.
A right of cancellation for consumers does not exist, or it might prematurely expire in the following contracts:
- Contracts for the provision of services in the field of accommodation for purposes other than sustained habitation, transport of goods, car rental, supply of food and beverages and other recreational activities, if the contract provides for a specific date or period (§ 312g para. 2 sentence 1 no. 9 BGB). This means that, to the extent that FKP Scorpio Konzertproduktionen GmbH offers services in the field of leisure activities, tickets for events, there is no right of cancellation. Each order of tickets is thus binding immediately after confirmation by the FKP Scorpio Konzertproduktionen GmbH, and the customer is obliged to accept and pay for the ordered tickets.
- Contracts for the delivery of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery (§ 312g para 2 sentence 1 no. 6 BGB).
In addition, the following applies to contracts with consumers:
You are entitled to withdraw from this contract within fourteen days, without stating reasons.
The withdrawal period comprises fourteen days from the day on which you, or a third party designated by you, other than the Sponsor, take(s) possession of the goods.
In order to exercise your right of withdrawal, you must inform us
FKP Scorpio Konzertproduktionen GmbH, Grosse Elbstraße 277a, 22767 Hamburg, Fax: +49 (0) 40 853 88 999, Email: email@example.com
that you have decided to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, email or fax). You may use the attached pro forma cancellation notice for this purpose, but this is not mandatory.
In order to comply with the cancellation period, you simply need to send us notice that you are exercising your right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you withdraw from this contract, we will refund all payments we received from you, including shipment costs (except for additional costs arising when you choose a way of delivery other than the most cost-efficient standard delivery offered by us) immediately and at the latest within fourteen days from the day we received the notification of withdrawal from this contract. The repayment will be made using the same payment method that you used for the original transaction, unless otherwise explicitly agreed with you; under no circumstances will you be charged fees for this repayment. We may withhold the monies for refund until the items have been returned to us, or until you have provided evidence that you have shipped the goods, whichever is earlier.
You must return or hand over the goods to us immediately, and in any event no later than fourteen days from the date on which you notified us that you were cancelling this contract. The deadline will be deemed to have been observed if you send the items before the fourteen-day deadline has expired. You shall bear the direct costs of returning the goods. The customer is obliged to compensate for any loss of value of the goods that may have arisen from an improper handling of the goods that was not required for purposes of inspecting their condition, properties, and functioning.
Sample cancellation form
If you would like to cancel the contract, please complete this form and send it back to
FKP Scorpio Konzertproduktionen GmbH, Customer Service, Große Elbstraße 277a, 22767 Hamburg
I/we (*) hereby withdraw from the contract I/we (*) concluded for the purchase of the following products (*)/provision of the following services (*)
- ordered (*)/ received (*) on
Signature of the customer (only if communicated on paper):
(*) Delete as applicable
End of the cancellation instruction and the sample cancellation form
Consequences of cancellation
In the case of cancellation by the consumer, the following applies:
FKP Scorpio Konzertproduktionen GmbH may refuse to repay the monies until FKP Scorpio Konzertproduktionen GmbH has received the goods back or until the consumer has provided proof that he has returned the goods, whichever is the earlier.
The consumer must return or hand over the goods to FKP Scorpio Konzertproduktionen GmbH immediately and in any event not later than 14 days from the day on which he informed FKP Scorpio Konzertproduktionen GmbH of the cancellation of this contract. The deadline shall be met if the consumer sends back the goods before the period of 14 days has expired. The consumer bears the direct costs of returning the goods. The customer is obliged to compensate for any loss of value of the goods that may arise from an improper handling of the goods that was not required for purposes of inspecting their condition, properties, and functioning.
V. Upgrades and Exchange
V.1 Upgrades are only being issued from a lower to a higher ticket category and only if the higher category has not been sold out upon the upgrade request. Upgrades can only be purchased by telephone (+49 (0)1806 - 853 555). A processing fee of 10.00 EUR incl. VAT is charged as well as the difference in face value between the two products involved.
V.2 FKP Scorpio Konzertproduktionen GmbH is generally not obliged to exchange tickets for other ticket of an equivalent category (e.g. festival pass to festival pass including Greener Living or vice versa). Requests for exchanges of the kind can be made by telephone only (+49 (0)1806 - 853 555) and must be confirmed by FKP Scorpio Konzertproduktionen GmbH. In the event of an exchange, a processing fee of 10.00 EUR incl. VAT will be charged.
VI. Retention of ownership, set-off, right of retention when purchasing on invoice
VI.1 If the customer is a consumer, FKP Scorpio Konzertproduktionen GmbH retains ownership of the purchased item until full payment of the invoice amount. For personalised tickets, the transfer of the claim resulting from the ticket is subject to the full payment of the invoice amount. The corresponding security rights are transferable to third parties.
VI.2 If the customer is not an end-consumer, that is, an entrepreneur, a legal entity under public law or a special fund under public law, FKP Scorpio Konzertproduktionen GmbH retains title to the purchased item until all outstanding claims arising from the business relationship with the customer have been settled. In the case of personalised tickets, the transfer of the claim resulting from the ticket shall be subject to the condition of settlement of an outstanding claim from the business relationship with the customer. The corresponding security rights are transferable to third parties. An entrepreneur is any natural or legal person or a legal partnership who/that, on conclusion of a legal transaction, does so in their commercial or professional capacity.
VI.3 The customer is only entitled to offset and/ retain if his counterclaims and/or rights have been legally established or are undisputed or acknowledged by FKP Scorpio Konzertproduktionen GmbH. In addition, the customer has a right of retention only if and as far as his counterclaim based on the same contractual relationship.
VI.4 If the customer has outstanding payment responsibilities about FKP Scorpio Konzertproduktionen GmbH, all existing claims will become due immediately.
VI.5 Insofar as the claims of FKP Scorpio Konzertproduktionen GmbH against the customer are not only temporarily secured for more than 110%, FKP Scorpio Konzertproduktionen GmbH will release security rights at the request of the customer up to the limit.
VII. Limitation of liability, exclusion of cancellation rights for certain breaches of duty
VII.1 In any case, FKP Scorpio Konzertproduktionen GmbH is fully liable under the Product Liability Act, for intentional or gross negligently caused damages, fraudulent concealment of defects and for damages resulting from injury to life, body or health.
VII.2 Furthermore, FKP Scorpio Konzertproduktionen GmbH is liable if and insofar as it has issued a guarantee and this guarantee is violated.
VII.3 In the case of simple negligent violation of essential contractual obligations, FKP Scorpio Konzertproduktionen GmbH shall be liable - if no liability has already been granted in accordance with Section A. VII.1 or VII.2 - only limited to the replacement of the foreseeable and contract-typical damage. Essential contractual obligations are all obligations whose fulfilment is a prerequisite for the performance of the contract, and on the fulfilment of which the customer regularly trusts and is also entitled to rely.
VII.4 If and insofar as liability of FKP Scorpio Konzertproduktionen GmbH has not arisen according to Section A. VII.1 or Sections A. VII.2 or Section A. VII.3 FKP Scorpio Konzertproduktionen GmbH's liability in cases of ordinary negligence is excluded.
VII.5 The above limitations/exclusions of this Section A. VI also apply with regard to the liability of FKP Scorpio Konzertproduktionen GmbH for its organs, employees and vicarious agents as well as the personal liability of the organs, employees and vicarious agents of FKP Scorpio Konzertproduktionen GmbH.
VIII. Prohibition on the use of tickets for competitions
The customer may use tickets for competitions/raffles only with the consent of FKP Scorpio Konzertproduktionen GmbH. For each case of violation, FKP Scorpio Konzertproduktionen GmbH may, at its reasonable discretion, determine an appropriate contractual penalty to be paid by the customer and, in the event of a dispute, to be reviewed for its appropriateness by the competent court. In the event of a permanent violation, a contractual penalty may be set repeatedly. Other claims of FKP Scorpio Konzertproduktionen GmbH remain unaffected. However, the contractual penalty shall be offset against any corresponding claim for damages.
IX. Applicable law, place of provision, jurisdiction, out-of-court settlement of disputes
IX.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Regardless of the above provision on choice of law, consumers who habitually reside outside the Federal Republic of Germany may, however, always rely on the protection of provisions from which, according to the law of the country in which they have their habitual residence, no deviation may be made by agreement; this does not apply if a contract for the provision of services is concluded according to which the services to be provided to the consumer must be provided exclusively with the Federal Republic of Germany.
IX.2 The sole fulfilment location for delivery, service and payment is Hamburg, provided that the customer is an entrepreneur, a legal entity under public law or a special fund under public law.
IX.3 If the customer is a merchant, legal entity under public law or special fund under public law with residence (e.g. head office, head office, main branch etc.) in the Federal Republic of Germany, the exclusive (including international) place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be Hamburg. If the customer is not domiciled in the Federal Republic of Germany and is not a consumer, the exclusive (also international) place of jurisdiction for such disputes (arising from the contractual relationship) shall also be Hamburg. In addition, Hamburg shall also be the exclusive place of jurisdiction for all other cases of such disputes where the customer is not domiciled in Germany. However, the above-mentioned places of jurisdiction are only exclusive insofar as no other exclusive place of jurisdiction is given by law. FKP Scorpio Konzertproduktionen GmbH is also entitled to sue its customers in any case at their general place of jurisdiction or at another national or international place of jurisdiction.
IX.5 If the customer purchases tickets on the Internet, FKP Scorpio Konzertproduktionen GmbH point out that they do not participate in an out-of-court dispute resolution procedures in dealing with customers who are consumers.
Terms & Conditions
- GENERAL PROVISIONS
- HOUSE RULES FOR THE EVENT AREA
- HOUSE RULES FOR THE FESTIVAL AREA
I.1 Definition of event and festival grounds
I.2 Access authorisations / “yellow wristband”
- 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
- 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 agreement to be properly executed, and the compliance with which the parties rely upon.
I.4 Cancellation / Termination / Postponement of the event
I.4.1 An event can be cancelled. Please check our website in good time before the start of your trip to see whether the event will take place as planned.
I.4.2 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 and accommodation in connection with the event, are made at their own expense and risk. In such cases, we are not liable beyond the refund of the nominal value of the ticket, in particular not for expenses incurred. For this limitation of liability, the limitations according to clause I.3. apply accordingly.
- 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 I.4.2 if, in individual cases, the postponement or rescheduling of the event is unreasonable for him (e.g. due to a holiday trip on the new date of the event that has already been booked).
I.10 Hearing and health problems
I.11 Handling the ticket
I.12 Use of the camping area
I.13 Arrival of visitors/parking/towage/allocation of space at festivals
I.14 Programme changes at festivals
I.15 Access restrictions
I.16 Closing/ clearing areas at festivals
I.17 Weather conditions/ appropriate clothing and footwear
I.18 Prohibition of commercial deposit collection/ prohibition of commercial sales outlets
I.19 Postings/ instructions
I.20 Applicable law, place of performance, place of jurisdiction, out-of-court settlement of disputes
- As of 15 February 2016, the European Commission provides an online dispute resolution platform here. The email address of FKP Scorpio Konzertproduktionen GmbH is: firstname.lastname@example.org and the email address of Semmel Concerts Entertainment GmbH is: email@example.com.
- If the visitor purchased tickets on the Internet, FKP Scorpio Konzertproduktionen GmbH and Semmel Concerts Entertainment GmbH point out that they do not participate in an out-of-court dispute resolution procedures in dealing with customers who are consumers.
II.1 Definition of event site
II.2 Validity of the EVENT SITE RULES
II.3 Regulations by the security services
II.4 Entering the event area
II.5 No admission for intoxicated visitors
II.7 Escape routes
II.8 Prohibition of animals
II.9 Promoter's liability in the case of theft etc./ lockers
II.10 Waste management
II.11 Validity of the Youth Protection Act
II.12 Use of toilets
II.14 Prohibition of entering certain areas
II.15 Entering the event grounds without authorisation
The organisers hereby give notice that even full implementation of an appropriate protection and hygiene concept as well compliance with all reasonable hygiene measures does not completely exclude the risk of an infection with the coronavirus disease (COVID-19) or other pathogenic organism for the visitor.
III.6 Ban on wild camping
III.7 No security monitoring in parking lots
III.8 Promoter's liability
III.9 Permissible floor space per person
III.10 Entering the camping area
III.11 Luggage transport
III.12 Searching for prohibited items
III.13 Prohibited items
III.14 Permitted items
III.15 Natural areas/ nature reserve
III.16 Operating sound systems
III.17 Prohibition of boundaries/ holes
III.18 Escape routes
III.19 Prohibition of animals
III.20 Use of cooking appliances / open fires / campfire
III.22 Waste disposal
III.23 Maintenance of paths, systems, and facilities
III.24 Validity of the Youth Protection Act
III.25 Unauthorised access
III.26 Consideration requirement
III.27 Smoking ban
III.28 Expulsion from the event
III.29 Departure/ towing
III.30 Prevention measures
III.31 Other instructions/ notes