Terms & Conditions
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.
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 themselves 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
I. Scope of validity
II. Contract conclusion, cancellation
III. Items making up the price and payment methods
IV. Right to cancel and sample cancellation form
V. Upgrades & Exchange
VI. Retention of ownership, set-off, right of retention when purchasing on invoice
VII. Limitation of liability, exclusion of cancellation rights for certain breaches of duty
VIII. Prohibition on the use of tickets for competitions
IX. Applicable law, place of provision, jurisdiction, out-of-court settlement of disputes
I. Scope of validity
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 their 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, they 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:
Cancellation policy
Withdrawal
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: serviceteam@fkpscorpio.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
Customer's name
Customer address
Signature of the customer (only if communicated on paper):
Date:
___________________
(*) Delete as applicable
The sample cancellation form in PDF format is available for download from here.
End of 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 they have 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 they 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.
End of the cancellation instruction
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 - 853 753). A processing fee of 10.00 € incl. VAT is charged as well as the difference in face value between the two products involved.
V.2 FKP Scorpio Konzertproduktionen GmbH is not obliged to exchange tickets for other ticket of an equivalent category (e.g. day pass Friday to day pass Saturday or vice versa). Requests for exchanges of the kind can be made by telephone only (+49 (0) 1806 - 853 753) and must be confirmed by FKP Scorpio Konzertproduktionen GmbH. In the event of an exchange, a processing fee of 10.00 € 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 their 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 their 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 German choice of law rules and 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 an entrepreneur, 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.4 The European Commission will make available a platform for online dispute resolution here from 15 February 2016. The email address of FKP Scorpio Konzertproduktionen GmbH is: info@fkpscorpio.com
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.
Part B General Terms and Conditions for the Conduct of Events and festival grounds
I. GENERAL PROVISIONS
II. HOUSE RULES FOR THE EVENT AREA
I. GENERAL PROVISIONS
I.1 Definition of event area
The event site is the area (including the paths on it) which is used for the official stage programme as well as adjacent areas which are used for example for the VIP area. The areas are enclosed by a fence.
The areas where the wristbands are issued are also part of the event area.
I.2 Access authorisations / “yellow wristband”
The rules for the access of children and young people under 18 years old can be found here on the website of the festival.
Incidentally, the statutory provisions of the German Youth Protection Act (JuSchG) apply in addition to all events.
If a visitor violates the provisions of these General Regulations or the house rules for the event site in a considerable way, the promoter may exchange the festival ribbon for a “yellow wristband”. The visitor then must leave the venue. They are then allowed to re-enter the next day if, after having a conversation with the security service, they conclude that the visitor is suitably redeemed and will now respect the General Rules and the House Rules. If a “yellow wristband” is imposed on a visitor a second time, the promoter is free to permanently exclude the visitor from entering the event grounds. In these cases, no refund of the entrance fee.
I.3 The liability of the promoter (FKP Scorpio Konzertproduktionen GmbH)
The contractual and legal 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
- 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.
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 commission of the breach of duty.
In that regard, the liability of the promoter for damages which are attributable exclusively to the risk area of the visitor is excluded.
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.
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 B.I.3. 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 substantial change in this sense.
I.4.3 If the event is cancelled, terminated or postponed due to circumstances for which the promoter is not responsible (e.g. force majeure, restrictions due to the Covid-19 pandemic, especially in the case of mutations of the corona virus), 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 case of cancellation or termination, the promoter has the right to postpone the event at their own discretion. If the event is (repeatedly if applicable) 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 B.I.4.2 if, in individual cases, the postponement or rescheduling of the event is unreasonable for them (e.g. due to a holiday trip on the new date of the event that has already been booked). Unreasonableness does not lie in the fact that the event - for the reasons mentioned above - is repeatedly postponed.
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 their reasonable discretion, in particular taking into account the interests of the customer.
I.4.4 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 section B.I.4.3, the 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. If a (physical) original ticket has been issued, a refund will only be made on presentation of the original ticket.
I.4.5 Any further legal rights of the promoter (e.g. due to a law to mitigate the consequences of the COVID-19 pandemic in event contract law) remain unaffected in any case and continue to apply.
I.5 Entering and leaving a festival area
At first entry, the tickets are cancelled completely, and the visitor receives a wristband. When re-entering the festival area, the undamaged wristband must be presented; otherwise there is no right to re-entry.
I.6 Security checks
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 event area. The bringing of several items (e.g. weapons, drugs, etc.) into the various areas of the festival is prohibited. The valid list of all prohibited objects is visible on the festival website here . Bringing one or more items on this list may result in the promoter denying access to the event unless the visitor is prepared to deliver the item or items at the entrance check. The promoter is not obliged to keep objects for the visitor. The visitor is forbidden to deposit prohibited items in the lockers in the entrance area of the event area.
The promoter or security staff appointed by the promoter is entitled to inspect visitors' belongings if there is reasonable suspicion, they are carrying prohibited items on the festival grounds.
I.7 Image and sound recordings
Only small-format cameras and mobile phones with a camera function are permitted on the event premises. SLR cameras, cameras with zoom lenses or any kind of video function are prohibited. Video cameras and audio recorders of all kinds, such as tape recorders, MP3 recorders and dictation machines, are also prohibited. The promoter may deny the visitor entry to the event site unless the visitor is willing to hand over the equipment at the entrance. There is no obligation on the promoter's part to store the objects. The visitor can deposit the items either in the lockers in the entrance area or in their car. The promoter does not guarantee that lockers will be available at each entrance. It also does not guarantee that every visitor will have a locker available if required. A fee is payable for the use of the lockers. Claims against the promoter due to unauthorised removal of the devices from the lockers are excluded, unless the promoter can be accused of intent or gross negligence.
All rights to sound and image recordings of the event are exclusively reserved by the promoter for the purpose of commercial exploitation. No one may record, broadcast and/or make publicly available corresponding recordings for commercial purposes without the prior written consent of the promoter. This includes in particular the distribution of such recordings directly via internet.
I.8 Consent to the production and utilisation of sound and image recordings
We can film, live-stream and photograph the event and make audio and audio-visual recordings. This can include the audience. By entering the festival grounds, the visitor irrevocably consents to the free use of their 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). This means in particular that the visitor grants the promoter and its third contractual partners/licensees the right, unlimited in time, place and content, to record images, voice, actions and/or statements of the visitor in any form without the separate consent of the visitor and to reproduce, broadcast, make publicly accessible and/or distribute in any other form in media of their choice for any commercial and non-commercial purposes.
I.9 Exclusion of visitors
If there is an important reason, 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 their right of exclusion, the ticket or festival wristband loses its validity. A claim for renewed admission or reimbursement of the purchase price is excluded.
I.10 Hearing and health problems
The promoter is only liable for hearing and other damage to health if they and their 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.
I.11 Handling the ticket
The ticket is no longer transferable after its cancellation. A commercial resale of the ticket is not permitted. The tickets may not be privately sold at a price higher than the ticket price printed plus any proven fees charged upon purchase of the ticket. Finally, the use of tickets for raffle purposes and / or for the implementation of sweepstakes is expressly prohibited. A breach of these conditions will result in the loss of the right to access without compensation, that is, the ticket will cease to be valid and the promoter is entitled to collect this ticket without refund of the entrance fee.
In case of loss of the entrance ticket or the festival wristband, for which the promoter is not responsible, there will be no replacement and no refund of the entrance fee.
I.12 Arrival of visitors/parking/towage
The visitor is responsible for their own travel to the event and parks their car at their own risk. The promoter does not provide any parking spaces. Parking spaces adjacent to the event site are not operated by the promoter. The promoter indicates that vehicles may only be parked on approved parking areas or parking lots (some of which are subject to charges); free parking is prohibited and will be prosecuted by the authorities. Camping on the designated parking areas is not permitted.
The promoter accepts no liability for the towing of vehicles by third parties.
It shall additionally apply the parking instructions published on the festival website.
I.13 Programme changes at festivals
Programme changes can occur at festivals. In the event of cancellation by individual artists (groups) the promoter will endeavour to find a replacement. The visitor is not entitled to claims in the event of the cancellation of individual artists (groups), including headliners. This limitation of liability does not apply if the cancellation is based on intent or gross negligence of the promoter.
I.14 Access restrictions
Access to event areas with a limited capacity is granted only as part of the officially approved spectator capacity. If the volume of admission is exhausted, the promoter is entitled to a temporary restriction of access without this justifying a claim for partial reimbursement of the ticket price.
I.15 Closing/ clearing areas at festivals
For safety reasons, the promoter can clear and close individual event areas temporarily or permanently without this justifying a claim to partial refund of the ticket price. The relevant instructions of the promoter or instructions from persons or companies appointed by them shall immediately follow to avert danger to life or limb.
I.16 Weather conditions/ appropriate clothing
The event can be held in all weather conditions. However, the promoter reserves the right to cancel the event at any time in the event of weather-related endangerment to the visitors. In this case, the provision in clause B. I.4 shall apply.
The promoter points out that visitors should bring weather-appropriate clothing and footwear.
I.17 Prohibition of commercial deposit collection/ prohibition of commercial sales outlets
Collecting valuable materials (e.g. bottles, cans, or other items) with a deposit for the purpose of generating income is strictly prohibited on the event grounds. The promoter reserves the right to exclude visitors who violate this obligation from the event and to confiscate the collected recyclables.
It is strictly prohibited to operate retail outlets on the event grounds without the consent of the promoter. The approval of the promoter must be applied for in advance of the event. Operating unauthorised points of sale may result in immediate exclusion from the festival. The promoter also reserves the right to confiscate the goods offered for sale.
I.18 Postings/ instructions
In addition, the current postings and instructions of the security personnel apply, as well as the current information on the official website of the promoter.
I.19 Applicable law, place of performance, place of jurisdiction, out-of-court settlement of disputes
The stipulations in Part A. IX. of the General Terms and Conditions of Business of FKP Scorpio Konzertproduktionen GmbH apply.
For consumers, we again point out the following as a precaution:
- As of 15 February 2016, the European Commission provides an online dispute resolution platform here. The email address of FKP Scorpio Konzertproduktionen GmbH is: info@fkpscorpio.com
- If the visitor purchased 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 consumers.
Consumers are all-natural persons who purchase tickets for purposes that cannot be attributed primarily to their commercial or self-employed professional activity.
II. RULES ON THE EVENT SITE
II.1 Validity of the EVENT SITE RULES
By entering the event site, visitors agree to these rules in section B. II.
II.2 Regulations by the security services
Regulations by official and authorised security staff must always be followed.
II.3 Entering the event area
Entering the event area is only permitted with a proper, undamaged festival wristband. Visitors receive this wristband the first time they enter the festival area. The ticket is then validated.
II.4 No admission for intoxicated visitors
Obviously drunk or otherwise intoxicated visitors are not entitled to admission to the event grounds. The assessment and instructions of security personnel must be complied with.
II.5 Security checks / prohibited and permitted items
A search of all persons (body check) and their accompanying items is performed when entering the event site.
The complete list of items permitted on the event site can be viewed in their current validity here . The complete list of all prohibited items on the exhibition grounds is also available in their current validity here .
Carrying the prohibited items specified on the festival website can lead to the expulsion and exclusion of the visitor from the event; items carried despite the prohibition can be put in depositories at the event entrances (containers). Larger items cannot be given in.
The promoter expressly points out that items may not be removed from the containers. The promoter does not assume any liability for the loss of items from the containers.
Prohibited items must not be deposited in the lockers. If a visitor takes prohibited items on to the event site, the promoter reserves the right to report the visitor to the police. The promoter or security staff appointed by the promoter is entitled to inspect visitors' belongings if there is reasonable suspicion, they are carrying prohibited items on the event grounds.
Bringing your own drinks to the event area is not permitted.
II.6 Prevention measures with regard to the COVID-19 pandemic, etc.
The promoter may order further appropriate preventive measures, require acts of cooperation and/or prescribe rules of conduct, in particular to meet health-related requirements for the benefit of the clientele and/or other participants or persons involved. For example, the promoter may order:
a) Wearing medical mouth and nose coverings in front of and/or on the event premises;
b) Submission of a daily negative test for the coronavirus disease or a suitable proof of immunization (proof of complete vaccination or a completely cured infection with the coronavirus disease including any necessary re-vaccinations) as well as provide any other supporting documents and/or evidence relevant to the promotion of safety and/or health related issues.
c) Compliance with hygiene rules (distance requirements, disinfection measures, etc.) and/or adherence to a protection and/or hygiene concept;
d) Participation in testing and/or safety measures, e.g. measurement of body temperature;
e) Communication of personal data, in particular health data, prior to arrival and/or prior to the start of the event, whereby the promoter is entitled in particular - in compliance with the statutory regulations, in particular data protection law - to transmit this data to the competent authorities (e.g. health authorities);
f) Participation in rapid tests for the detection and/or exclusion of infectious diseases (e.g. SARS-CoV 2 virus including mutated virus forms);
Guests shall comply with the orders of the promoter and the instructions of the security staff in this regard. The promoter may make attendance at the event and/or remaining on the event premises conditional upon compliance with its orders and instructions. For example, the promoter may also exclude guests who are found to have an elevated body temperature and/or guests who refuse to have their body temperature taken from the event.
The promoter hereby gives notice that even full implementation of an appropriate protection and/or 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) and/or mutated virus forms and/or other pathogenic organism for the visitor.
II.7 Consideration requirement
It is important to show consideration for the other festival visitors.
II.8 Prohibition of endangering other visitors
Any endangerment to other visitors - by "crowd surfing" or by lighting fireworks (e. g. Bengali fires) - is strictly forbidden. Violation of this prohibition shall at the least lead to being issued a “yellow wristband” (see section B. I. 2 above). Depending on the severity of the danger to other visitors (the decision is the responsibility of the security staff), expulsion from the event may occur. You will be reported if you set off fireworks.
II.9 Escape and emergency routes
Escape routes and stairs must not be used as seats and must be crossed quickly.
Be sure to note the ground markings for the escape routes! The escape routes are to be kept clear under all circumstances! You may not alter or remove them.
II.10 Validity of the Youth Protection Act
The Youth Protection Act applies to all event areas. Reference is made to the regulation in section B. I.2.
II.11 Maintenance of paths, systems, and facilities / Use of toilets / Vandalism
Paths, systems, and all facilities on the event area are to be kept clean and treated with care. This also applies to the provided toilets, showers, and washrooms. For hygienic reasons, wastewater may only be emptied into dedicated spouts.
Urinating and/or defecating outside the toilets and facilities provided for this purpose is not permitted. If a visitor violates this requirement, this violation can be punished with a “yellow wristband” (see above section B. I.2).
Wilful damage to any property or equipment is prohibited and will be prosecuted as vandalism.
II.12 Waste management
During the event, waste must be disposed of in the bins and containers provided for this purpose.
II.13 Natural areas/ nature reserve / water pollution control
The festival area is located near several protected natural areas. It is strictly forbidden to introduce substances hazardous to the soil into the soil or to contaminate or destroy the nature reserves.
Contaminating water is prohibited.
II.14 Prohibition of animals
Animals are not allowed on the event grounds.
II.15 Open fires and campfire
Open fires and campfires are not allowed.
II.16 Smoking ban
Smoking in forest areas and enclosed buildings and tents is prohibited.
II.17 Driving and parking in the event site
Driving and parking on the event site with vehicles of any kind is prohibited.
Exceptions require a separate written approval from the promoter.
If the promoter makes the exception to the entry and parking ban in individual cases (e.g. for certain service providers or suppliers), the following applies:
The traffic regulations (StVO) apply throughout the entire event area. The speed limit in the event area is always at a walking pace. Vehicles may only be parked on approved and designated parking areas or parking lots. Escape and rescue routes must always be kept clear of any superstructures. Vehicles parked outside marked parking areas or on roads or in fire brigade access roads can be towed without warning. The resulting fees are borne by the perpetrator. The driving and parking authorisation is void if the vehicle is not insured for liability and / or compulsorily stamped and / or does not have an official licence plate with a valid inspection sticker and / or the vehicle has a leaking tank / engine or otherwise is in a non-roadworthy condition or in a state of danger.
II.18 Entering the event grounds without authorisation
Persons within the fenced site without authorisation will be reported for false pretences (section 265a of the Criminal Code) and trespassing (§ 123 of the Criminal Code).
II.19 Prohibition of entering certain areas
Entering ramparts, climbing fences, light poles, buildings, electrical boxes, sanitary stations, portable toilets, rubbish bins, dumpsters, and other infrastructure facilities throughout the event site and the festival grounds is prohibited. If a visitor violates this requirement, this violation can be punished with a “yellow wristband” or expulsion from the event (see above section B. I.2).
II.20 Expulsion from the event
Failure to comply with the event rules can lead to complete expulsion from the event and will at the least be punished with the “yellow wristband” (see section B.I. 2. above). In the event of expulsion from the event (the decision regarding this is the responsibility of the responsible security staff), the ticket or festival wristband loses its validity. A claim for renewed admission or reimbursement of the purchase price is excluded.
II.21 Promoter's liability in the event of theft etc. / Locker boxes
The promoter is not liable for damages or losses to the visitors incurred by burglary, theft, fire, natural disasters, or other occurrences. The limitations of liability subject to the restrictions set forth in section B.I.3 (The liability of the promoter) of these Terms and Conditions. Valuables can be deposited in lockers in the entrance area to the event area for a fee. Liability of the promoter for items deposited in lockers is excluded. This does not apply if and to the extent that the promoter can be accused of intent or gross negligence. The promoter accepts no liability for the availability of lockers. The visitor is not entitled to the availability of a locker.
II.22 Other instructions / notes
In addition to the event area rules, the current notices and instructions of the security staff on site apply, as well as the current information on the official festival website.
As at: September 23rd, 2021