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General Terms and Conditions (Ticket purchase // FKP Scorpio-Events)


The following General Terms and Conditions (“T&Cs”) of FKP Scorpio Konzertproduktionen GmbH (hereinafter also “FKP Scorpio”, "we", "us") govern both the purchase of tickets from FKP Scorpio (Part A) and the conditions that apply to events promoted by FKP Scorpio alone or together with other event promoters (Part B).
By purchasing and holding a ticket to an event, customers accept the applicability of these T&Cs.
For ease of reference, all references to customers, consumers, promoters, and other persons are made in its female (“she”) or plural form. This designation shall refer to persons of all gender and to the singular, where applicable.
Part A    Ticket purchase / Ancillary transport services
By ordering tickets, customers instruct FKP Scorpio to process the ticket purchase, including shipping.
FKP Scorpio distributes tickets on behalf of the relevant promoter as an agent or as commission agent, unless it is expressly designated as the (co-) promoter for an event. In that case, FKP Scorpio distributes tickets in its own name and on its own behalf.
Where FKP Scorpio distributes tickets on behalf of other promoters, be it as an agent or commission agent, FKP Scorpio does not promote the respective events, but the respective promoters do. These promoters also issue the tickets. By purchasing a ticket, contractual relations concerning the respective events are only entered into between the customer and the respective promoter. These contractual relations might be governed by (additional) terms and conditions of the respective promoter.
Where FKP Scorpio is also the promoter of events, the terms and conditions of Part B of these T&Cs apply. This also applies to ticket purchases made on other ticket platforms, ticket offices or by other ticket partners. In that case, additional terms and conditions of the respective ticket partner might apply.
Where tickets include transport services provided by third parties (e.g. transport associations), these transport services are governed by terms and conditions of these third parties. We ask customers to familiarize themselves with these terms and conditions. Any claims relating to the transport services have to be asserted against the respective third party transport provider.


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

 

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


2.    Conclusion of contracts, cancellation
2.1.    By clicking on the field “Buy now”, customers submit an offer to enter into a contract. The contract for the purchase of a ticket is concluded only if and when FKP Scorpio sends a confirmation e-mail containing a transaction number to the customer.
2.2.    Customers have to check whether their shipment is complete immediately upon receipt. Complaints will only be accepted up until seven days after receipt of a shipment or, if earlier, up until ten days after shipment of an order. Where FKP Scorpio is not the promoter of an event, FKP Scorpio does not accept any liability for the accuracy of the information contained in the online ticket shop.
2.3.    FKP Scorpio may cancel an order, even after a transaction number has already been sent to the customer (unilateral right of revocation), if a customer violates or tries to circumvent terms and conditions by the respective promoter or FKP Scorpio and which had been made available to the customer before the order (e.g. exceeding the limit of number of tickets per customer, violation of the conditions printed on the ticket, such as resale prohibition, circumvention of conditions by logging in with and using multiple user profiles, etc.). FKP Scorpio may give notice of the cancellation/revocation implicitly by refunding the sum paid by the customer.
2.4.    The aforementioned cancellation/revocation right is subject to Sec. 346 et seqq. of the German Civil Code (Bürgerliches Gesetzbuch), except for Sec. 350 German Civil Code.
2.5.    Where an event is cancelled, curtailed, suspended, relocated, rescheduled or not performed in any other way, customers may only submit claims against the respective promoter. Where FKP Scorpio is the (co-) promoter of an event, customer claims are exclusively subject to Part B No. 1.1 below.


3.    Price components and payment methods
3.1.    Payment is possible by credit card (VISA, MasterCard, American Express), SEPA direct debit, PayPal or giropay, depending on the event and order modality. The statutory value added tax is included in the price. Payment for VISA and MasterCard will be processed by CTS EVENTIM Nederland B.V., Postbus 3096, 2130 KB Hoofddorp, The Netherlands.
Note on data transmission for credit card transactions using 3D-Secure: Due to legal requirements (implementation of the Payment Services Directive "PSD2") and/or to protect against fraudulent use of credit card data, the so-called 3D-Secure procedure can be used. This procedure involves the transmission of browser data, credit card data, address data (billing address, e-mail address), as well as the transaction amount with currency to the card-issuing institute via the credit card organizations. The card-issuing institute uses this data to determine the fraud risk of the transaction; depending on the amount and the result of the check by the credit institution, additional approval of the credit card transaction may be required, e.g., via TAN or app.
3.2.    Where customers order tickets via the internet, additional service fees and shipping costs may be charged, which may vary from event to event. Fees and costs will be specified in the shopping cart. Further costs will only apply if customers order additional features/extras, such as gift packaging; these costs will be specified and invoiced separately.
3.3.    Where FKP Scorpio distributes tickets on behalf of other promoters as agent or commission agent, contractual relations concerning the respective events are only entered into between the customer and the respective promoter. Claims for reimbursement of monies paid may only be made against the respective promoter. FKP Scorpio will not reimburse service fees and shipping costs as these are compensatory price components for services that have been rendered even if the ticket price is reimbursed.


4.    No right of withdrawal (Kein Widerrufsrecht)
A right of withdrawal does not exist for contracts for the provision of services in the fields of accommodation other than for residential purposes, transport of goods, car rental services, deliveries of food and beverages, or services related to leisure activities, if the contract provides for a specific date or period of performance (Sec. 312g para. 2 sent. 1 no. 9 German Civil Code).
A ticket order is an offer to enter into a contract providing for a specific date or period of performance for services related to leisure activities. A right of withdrawal does not exist for festival and concert tickets; this includes all kinds of tickets, e.g. tickets for concerts, day passes for festivals, or festival passes including camping/caravan space.
Each order of tickets is thus binding immediately after confirmation by FKP Scorpio and the customer is obliged to pay for the ticket order.


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


6.    Retention of ownerhip, set-off, right of retention where purchase based on invoice
6.1.    Where customers are consumers, FKP Scorpio retains ownership of the purchased item until the invoiced amount has been paid in full. Where tickets are personalized, the transfer of any claims arising from the ticket ownership is subject to the payment of invoiced amount in full. Any corresponding security rights are transferable to third parties.
6.2.    Where customers are not consumers, but entrepreneurs, legal entities under public laws or a special fund under public laws, FKP Scorpio retains title to the purchased item until all outstanding claims arising from the business relationship with the customer have been settled in full. Where tickets are personalized, the transfer of any claim arising from the ticket ownership are subject to the settlement of any outstanding claims from the business relationship with the customer. Any corresponding security rights are transferable to third parties. An entrepreneur is any natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.
6.3.    Customers are only entitled to set-off and/or retention if their counterclaims and/or rights have been established in a binding manner or are undisputed or have been acknowledged by FKP Scorpio. Moreover, customers are only entitled to retention if and insofar their counterclaims are based on the same contractual relationship.
6.4.    If customers are in arrears with any payment obligations towards FKP Scorpio, any existing claims will become due immediately.
6.5.    Insofar as claims of FKP Scorpio against customers are not only temporarily secured with more than 110 %, FKP Scorpio will upon request by the customer release securities up to the aforementioned limit.


7.    Limitation of liability, no cancellation for certain breaches of duty
7.1.    FKP Scorpio is fully liable, in any case, under the German Product Liability Act (Produkthaftungsgesetz), for intentionally or grossly negligently caused damages, fraudulent concealment of defects, and for damages resulting from injury to life, body or health.
7.2.    Furthermore, FKP Scorpio is liable if and insofar as FKP Scorpio has issued a guarantee and such guarantee is breached.
7.3.    Where FKP Scorpio breaches essential contractual obligations with simple negligence and is not liable pursuant to the aforementioned number 7.1 or 7.2, its liability is limited to foreseeable and contractually typical damages. Essential contractual obligations are those which are prerequisite to the performance of the contract and in the compliance of which customers can and will regularly rely.
7.4.    If and insofar FKP is not liable under the aforementioned numbers 7.1, 7.2 or 7.3, FKP Scorpio is not liable for simple negligence.
7.5.    The aforementioned exclusions and limitations of liability also apply with regards to its organs, employees and vicarious agents as well as any personal liability of organs, employees and vicarious agents. They also apply to the liability of any co-promoters of FKP Scorpio.


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


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


10.    Applicable laws, place of performance, jurisdiction, out-of-court settlement of disputes
10.1.    The laws of the Federal Republic of Germany shall apply exclusively, with the exception of German provisions on conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods (CISG). Irrespective of the abovementioned choice of law, consumers with a habitual residence outside the Federal Republic of Germany may always invoke provisions from which, according to the laws of their country of habitual residence, no deviation by agreement may be made; this does not apply to contracts for the provision of services, under which services provided to the consumer have to be exclusively in the Federal Republic of Germany.
10.2.    The sole place of performance, including delivery, service and payment, shall be Hamburg, provided that the customer is an entrepreneur, a legal entity under public laws or a special fund under public laws.
10.3.    Where customers are entrepreneurs, legal entities under public laws or special funds under public laws with residence (e.g. head office, main branch, etc.) in the Federal Republic of Germany, the courts of Hamburg shall have exclusive (including international) jurisdiction for disputes arising directly or indirectly from the contractual relationship between the customer and FKP Scorpio. Where customers do not have their domicile in the Federal Republic of Germany and are not consumers, the courts of Hamburg shall have exclusive (including international) jurisdiction for such disputes. In addition, Hamburg shall be the exclusive place of jurisdiction for all other disputes where the customer is not domiciled in the Federal Republic of Germany. However, all abovementioned choices of jurisdiction are only exclusive insofar as no other exclusive jurisdiction is binding by laws. In any case, FKP Scorpio is also entitled to sue customers at the place of their general jurisdiction or at another place of national or international jurisdiction.
10.4.    Consumers, i.e. all natural persons who enter into a legal transaction for purposes that predominantly are outside his trade, business or profession, shall note the following:
•    The European Commission has made available a platform for online dispute resolution here since 15 February 2016. The email address of FKP Scorpio is: info@fkpscorpio.com
•    If consumers have not purchased tickets on the internet, we note that we will not participate in any out-of-court dispute resolution procedures.
 


Part B    General Terms and Conditions for FKP Scorpio-Events

The following terms and conditions govern the promotion/organization and attendance of music festivals (co-) promoted by FKP Scorpio (“FKP Scorpio-Events”).
They comprise the general terms of Sec. 1 and conditions with regards to measures relating to COVID-19 and similarly contagious diseases (Sec. 2). 
For music festivals (co-) promoted by FKP Scorpio (“FKP Scorpio-Festivals”), they additionally comprise the House Rules for Festival Sites (Sec. 3), which encompass the Event Area and, where the festival is an open-air festival, the Camping and the Caravan Areas; for the Camping and Caravan Areas of open-air festivals, the rules of Sec. 4 apply additionally or, where applicable, as more specific conditions.
For music festivals that (partly) take place indoors, the rules of the respective event site/venue apply additionally or, where applicable, as more specific conditions.
By purchasing and holding a ticket to an event, customers accept the applicability of the terms and conditions of this Part B, which apply to the respective event (e.g. for open air-festivals: Sections 1 through 4).


Overview of topics Part B
1.    General Terms for FKP Scorpio-Events
2.    Measures in relation to the Covid-19-pandemic and similarly contagious diseases
3.    General House Rules Festival Site
4.    Additional House Rules Camping and Caravan Areas

1.    General Terms for FKP Scorpio-Events
1.1.    Cancellation / curtailment / interruption / relocation / rescheduling
1.1.1.    Events may be cancelled, curtailed, interrupted, relocated or rescheduled, even after they have begun. Please inform yourself whether the event will take place as scheduled before departure for the event.
1.1.2.    Our liability in the event of cancellation, curtailment, interruption, relocation, rescheduling or other material changes (as defined in the following number 1.1.3.) to FKP Scorpio-Events is limited to refunding the price printed on the ticket. Personal arrangements made by the ticket holder/guests, including travel to the FKP Scorpio-Festival and accommodation (outside accommodation on the Festival Site) are made at their own expense and risk; we od not refund such expenditures. For the limitation of liability in this number, the conditions of Part A No. 7 apply accordingly.
1.1.3.    A change is material where it makes the event a substantially different event than what a ticket holder/guest may reasonably expect. Changes to the line-up of a festival, including the omission of individual artists without a replacement, do not constitute a material change; this also applies to so-called “headliners”.
1.1.4.    Where an FKP Scorpio-Event is cancelled or postponed due to Force Majeure (as defined in the following number 1.1.5.), tickets remain valid; ticket holders are entitled to attend to the postponed or, where applicable, subsequent edition of the respective FKP Scorpio-Event – in particular, FKP Scorpio-Festival – (a subsequent edition of an event/festival hereinafter the “Subsequent Event”). The Subsequent Event will usually take place at the same time of the year in the next calendar year. FKP Scorpio will announce the exact date of the Subsequent Event on the festival website as quickly as possible, at the latest within two weeks after the cancellation or postponement of the event has been announce; this date may not be later than 13 months after the end of the cancelled/postponed event.
Ticket holders may, however, request a refund of the price printed on the ticket, if it is unreasonable for them to attend the Subsequent Event. In particular, it is unreasonable for ticket holders to attend the Subsequent Event if they have, at the time of the announcement of the date for the Subsequent Event, already
•    booked a vacation trip, bought tickets for a concert, festival, sport event or a similar event, or
•    planned a compulsory business trip that cannot be postponed or received a similar obligation arising from a service or employment relationship (such as on-call duty),
or
•    if the date of the Subsequent Event coincides with a birthday, wedding, anniversary of the ticket holder or a close relative (grandparents, parents, siblings, children, grandchildren).
Moreover, it is unreasonable for ticket holders to attend the Subsequent Event, if at the latest three months before the Subsequent Event, personal circumstances arise, which will most likely make attendance to the Subsequent Event unreasonable, such as:
•    illness or other health impairment,
•    operation, stay at a health resort or clinic, rehabilitation measure or comparable measures to restore or promote health,
•    obligation to care for close relatives (grandparents, parents, siblings, children, grandchildren).
Ticket holders have to assert that it is unreasonable for them to attend the Subsequent Event at the latest three months before the Subsequent Event so that FKP Scorpio can sell the ticket to another person. Ticket holders have to substantiate the circumstances that make attendance to the Subsequent Event unreasonable, as far as possible and as far as can reasonably be expected, e.g. by providing copies of travel documents. As far as ticket holders have been sent a (physical) ticket, a refund will only be made upon submission of the original ticket.
1.1.5.    Force Majeure is any event that is beyond control of FKP Scorpio. For example, force majeure exists in the event of war, civil war, war-like events, acts of terrorism, political unrest and/or the use of chemical, biological, biochemical substances and/or nuclear energy. Force majeure shall also be deemed to exist in the event of pandemics, epidemics, epidemics or similar risks of disease and/or in the event of natural disasters (storms, hurricanes, earthquakes or floods, etc.) or the consequences thereof. Furthermore, force majeure shall be deemed to exist in particular in the event of governmental, official or other public-law interventions and measures, such as orders, general decrees, etc., for which FKP Scorpio is not responsible, which prevent the event from being held and which did not already exist at the time the ticket was sold with effect for the date of the event. Force majeure shall be deemed to have occurred both when such an event has occurred and when such an event is reasonably likely to occur at the time of the event. The assessment as to whether a corresponding event has occurred or is imminent shall be made by FKP Scorpio, taking into account a reasonable period for examination and consideration, immediately after the event has become known, at its reasonable discretion, in particular taking into account the interests of the ticket holders.
1.1.6.    If an FKP Scorpio-Event is cancelled due to the Covid-19 pandemic or a similarly contagious disease at no fault of FKP Scorpio, FKP Scorpio will reschedule the FKP Scorpio-Event as far and as soon as possible. Tickets will remain valid. Furthermore, the conditions of the abovementioned numbers 1.1.1. through 1.1.5. apply.
1.1.7.    If at any time after commencement of the sale of tickets for an FKP Scorpio-Event, the maximum number of attendees/tickets sold for this festival is reduced due to Covid-19 pandemic or a similarly contagious disease and that maximum number has already been exceeded, FKP Scorpio may cancel tickets as far as necessary to arrive at that maximum number. The same applies to tickets granting access to certain areas of the FKP Scorpio-Event (e.g. backstage tickets). FKP Scorpio may also reallocate available seats within the same ticket category as deemed necessary, e.g. to safeguard sufficient distance between attendees, or assign attendees seats in higher ticket categories, or convert tickets for standing room into seating tickets and vice versa.
Where FKP Scorpio assigns attendees to a lower ticket category or converts standing into seating tickets (or vice versa), it will refund the price difference; moreover, ticket holders are entitled to cancel their ticket within an appropriate amount of time upon receipt of notice of assignment or conversion; the deadline is to be set by FKP Scorpio and ticket holders will be expressly notified about their cancellation right.
FKP Scorpio will determine the cancellation/reallocation/conversion of tickets by an appropriate, transparent and non-discriminatory procedure.
1.1.8.    Where tickets are cancelled, FKP Scorpio will refund the price printed on the ticket or, at the discretion of FKP Scorpio and in case promoters are entitled to do so by law, a voucher amounting to the price printed on the ticket. Ticket holders are not entitled to any further compensation or reimbursement of expenses (e.g. for cancellation costs/fees for travel or accommodation arrangements). Furthermore, the conditions on the limitation of liability of Part A No. 7 apply.
1.1.9.    Any additional legal rights of FKP Scorpio (e.g. based on statutory law mitigating the consequences of the Covid-19-pandemic in event contract law) remain unaffected and continue to apply.
1.2.    Liability of FKP Scorpio and, where applicable, co-promoters
Any contractual and legal liability of FKP Scorpio is excluded, unless
•    for damages caused by FKP Scorpio intentionally or with gross negligence,
•    for cases of (mild or simple) negligence of FKP Scorpio for damages due to injury to life, body or health,
•    for mild or simple violations by FKP Scorpio of essential contractual obligations; essential contractual obligations are obligations the fulfillment of which is necessary for properly executing the contract and the compliance with which ticket holders/guests regularly rely upon and may rely upon.
In cases of simple or mildly negligent violations of essential contractual obligations, the liability of FKP Scorpio is – except for damages due to injury of life, body or health – limited to the contractually typical damages foreseeable FKP Scorpio upon conclusion of the contract or at the time of the breach of duty. To that end, the liability of FKP Scorpio for damages within the ticket holders’/guests’ risk area is excluded.
The above limitations and exclusions of liability also apply to the liability of FKP Scorpio for its organs, employees and vicarious agents as well as the personal liability of these organs, employees and vicarious agents. They also apply to the liability of co-promoters, where applicable.
1.3.    Cameras, recording equipment, image and sound recordings
When attending FKP Scorpio-Events, it is only permitted to carry small-format cameras and mobile phones with camera function. It is not permitted to carry reflex cameras, cameras with zoom lenses or any kind of video function, video cameras and audio recorders of all kinds, such as tape recorders, MP3-recorders and dictation devices. FKP Scorpio may deny visitors entry to the venue if visitors are not willing to hand over the equipment at the entrance. FKP Scorpio is not obliged to store the equipment, which has been handed over. Visitors can deposit equipment either in lockers at the entrance or in their vehicles. FKP Scorpio does neither guarantee that lockers will be available and/or empty for use at the entrance. An additional fee is payable for using lockers. Claims against FKP Scorpio based on unauthorized removal of equipment from the lockers are excluded, unless for intentional or grossly negligent behavior by FKP Scorpio.
Any an all rights to record sound and image of the event are exclusively reserved by FKP Scorpio for the purpose of commercial exploitation. No one may record, broadcast and/or make publicly available recordings for commercial purposes without the prior written consent of FKP Scorpio. In particular, this includes the distribution of recordings directly via the internet.
1.4.    Consent to record and use sound and image
FKP Scorpio will record, livestream and photograph the event and will produce audio and audiovisual recordings. These may include the audience. By entering a venue – where the event is an FKP Scorpio-Festival: the Festival Site –, visitors irrevocably consent to the free use of portrait and voice for photographs, (live) broadcast and/or recordings of images and/or sound recordings by FKP Scorpio in connection with the event and their subsequent exploitation in all current and future media (in particular, such as in the form of audio an video carriers as well as digital distribution, e.g. via the internet). In particular, this means that visitors grant FKP Scorpio the right, unlimited in time, place and content, to record images, voice, actions and/or statements by the visitor in any form without separate consent of visitors and to reproduce, broadcast, make publicly accessible and/or distribute in any other form for any commercial and non-commercial purposes. This also includes the assignments of these rights to third parties, such as agents and licensees of FKP Scorpio.
1.5.    Exclusion of visitors
If there is a compelling reason, in particular if visitors commit a crime (e.g. assault, theft, drug trafficking) or set fireworks, on the event site – where the event is an FKP Scorpio-Festival: the Festival Site –, FKP Scorpio may exclude them from the event immediately. In case FKP Scorpio makes use of the right to exclude visitors, the visitors’ ticket/festival wristband loses its validity. Any claim for renewed admission or reimbursement of the ticket price is excluded.
1.6.    Hearing impairments
FKP Scorpio is only liable for hearing impairments caused by intent, gross negligence, or a breach of a public safety duty. Visitors should avoid standing in immediate proximity to loudspeakers; corresponding barriers need to be observed at all times. Standing in immediate proximity to loudspeakers or beyond such barriers is at the visitors’ own risk. In any case, we highly recommend using earplugs, in particular near the stages.
1.7.    For FKP Scorpio-Festivals: (Re-) admission to a Festival Site
During first admission to a Festival Site, tickets will be validated and visitors will receive a wristband with a fastened clasp (“festival wristband”). Upon re-admission to the Festival Site, visitors need to present the undamaged festival wristband with original clasp; otherwise, they will not be granted admission.
1.8.    For FKP Scorpio-Festivals: Security checks and searches
Upon admission to a Festival Site, security staff appointed by FKP Scorpio will perform a security check and search for reasons of public safety and waste prevention. Certain items may not be brought onto and/or carried on Festival Sites (e.g., weapons, drugs, etc.). A complete list of prohibited items in its current validity can be found on the respective festival website (M’era Luna). Any violation of the prohibition to carry one or several prohibited items may lead to FKP Scorpio denying admission to the Festival Site, unless visitors hand over these items at the entrance to the Festival Site and agree – at least by implication at the handover – that these items might be disposed of. FKP Scorpio is not obliged to store these items; any claims for disposing of prohibited items are excluded.
It is strictly forbidden to store prohibited items in the lockers at the entrance of a Festival Site.
The security staff may ask visitors on the Festival Site whether they carry prohibited items if there is reasonable suspicion. If visitors are unable to dispel such suspicion, the security staff may search for prohibited items.
The security staff may also conduct additional security checks and searches if visitors move from one area of a Festival Site to another.
1.9.    For FKP Scorpio-Festivals: Admission / “yellow wristband”
The rules for admission of children and adolescents under 18 years of age can be found on the website of the respective festival website (M’era Luna).
In addition, the statutory provisions of the German Youth Protection Act (Jugendschutzgesetz) apply.
If visitors materially violate any of these General Terms or of the House Rules, FKP may exchange the festival wristband for a “yellow wristband”. Visitors with a “yellow wristband” must leave the Festival Site. They are only eligible for re-admission the next day if the security staff concludes after having had a conversation with the visitors that they redeemed and will now respect the General Terms and the House Rules. In case of a second imposition of a “yellow wristband”, FKP Scorpio may exclude visitors from admission altogether. In neither of the aforementioned cases, there will be a refund of the ticket price.
1.10.    For FKP Scorpio-Festivals: Loss of festival wristband
If visitors lose their festival wristband without FKP being responsible for the loss, they will not receive a new wristband and the ticket price will not be refunded.
1.11.    For FKP Scorpio-Festivals: Camping and using the Camping Area
It is only allowed to camp within designated Camping Areas. It is forbidden to camp outside these Camping Areas, in particular within the Event Area. Wild camping is prohibited and will be prosecuted. FKP will not open all Camping Areas of a festival simultaneously, but as needed and step by step.
The opening days/hours of the Camping Area can be found on the website of the respective festival website (M’era Luna). At closure of the Camping Areas, visitors have to clear the area. Where visitors leave items within the Camping Area after closure, FKP Scorpio may dispose of these items. FKP Scorpio is not obliged to store items left within the Camping Area after closure.
Environmental protection and the principles of waste prevention and correct disposal must be observed. Due to the resulting fire hazard, it is not permitted to build fireplaces within the Festival Site, most importantly within the Camping and Caravan Areas.
In addition, the House Rules apply (Sec. 3 and 4).
1.12.    For FKP Scorpio-Festivals: Arrival of visitors, parking, towing, allocation of parking spaces
Visitors are responsible for their travel to the festival and will park their vehicles at their own risk. Vehicles may only be parked on designated Parking Areas and/or parking spaces; additional fees might apply. Wild parking is forbidden and will be prosecuted. FKP Scorpio specifically notes that Parking and Camping Areas are separate.
There is no claim for a specific parking/camping/caravan space. Spaces will be allocated by the security staff. In any case, escape and rescue routes must always be kept clear.
FKP Scorpio notes that Parking Areas might be meadow and/or arable land. The trafficability of these areas might be difficult/restricted due to weather conditions.
FKP Scorpio does not accept any liability for towing of vehicles by third parties. We do not offer towing services, but can contact a tow truck free of charge for visitors. For safety reasons, tow trucks will only be contacted during daylight. FKP Scorpio does not accept any liability for the selection of the tow truck and does specifically not guarantee that the tow truck is (part of) an approved towing company. Visitors are obliged to conduct towing their vehicles independently. Asking a tow truck – whether or not it had been contacted by FKP Scorpio – to tow their vehicle is at the visitors’ own responsibility and risk. FKP Scorpio specifically notes that towing vehicles with vehicles that are not designed for towing (e.g. tractors) might result in damages at their vehicles.
In addition, parking and camping instructions published on the website of the respective festival website (M’era Luna) apply.
In addition, the House Rules apply (Sec. 3 and 4).
1.13.    For FKP Scorpio-Festivals: Using Caravan Areas („TrailerPark“)
For designated Caravan Areas of the Festival Site, the following terms and conditions apply in addition: It is allowed to sleep in certain vehicles within Caravan Areas. A list of allowed vehicles can be found on the website of the respective festival website (M’era Luna). Entering and parking vehicles is only allowed after a valid caravan ticket has been purchased and a caravan sticker with a mobile phone number of the ticket holder has been placed clearly visible onto the windscreen of the vehicle. Camping in tents is not allowed within Caravan Areas.
As it is not possible to check whether the vehicle is allowed for Caravan Areas, FKP Scorpio may deny access to Caravan Areas to vehicles that do not fall under the abovementioned category of allowed vehicles. There will be no refund of the price for the caravan ticket; fulfilling the abovementioned conditions is at the risk of the caravan ticket holder. The same applies to the ongoing control by FKP Scorpio of whether vehicles fulfil the abovementioned conditions whilst they are parked.
The price for using Caravan Areas is the fee for using the parking space. It does not include surveillance services by FKP Scorpio nor any other performance of services nor duties of care outside compulsory statutory provisions.
In addition, the House Rules apply (Sec. 3 and 4).
1.14.    For FKP Scorpio-Festivals: Restrictions of access
Access to areas of the Festival Site with a limited capacity is only granted until the officially approved capacity has been reached. If the capacity is reached, FKP Scorpio may deny access temporarily without visitors being able to claim reimbursement of the ticket price in part or full.
1.15.    For FKP Scorpio-Festivals: Blocking / clearing areas
FKP Scorpio may, temporarily or permanently, clear and bock individual Parking, Camping and Caravan Areas or other areas of the Festival Site for reasons of safety without visitors being able to claim reimbursement of the ticket price in part or full. Visitors must follow instructions given by FKP Scorpio immediately to avert danger to life or limb.
1.16.    For FKP Scorpio-Festivals: Prohibition of commercial deposit collection / commercial sales outlets
It is prohibited to collect recyclable items with a deposit (e.g bottles or cans) for generating income. FKP Scorpio may exclude visitors violating this prohibition from admission to the Festival Site and confiscate collected recyclables.
It is also prohibited to operate sales outlets without the consent of FKP Scorpio. Visitors can apply for such consent prior to the festival. FKP Scorpio may exclude visitors violating this prohibition from admission to the Festival Site, confiscate the goods offered and return them after the end of the festival.
1.17.    Weather conditions / appropriate clothing and footwear
Events, in particular open air-events, can be held in all weather conditions. However, FKP Scorpio may cancel, interrupt or curtail an event in case visitors are in danger due to weather conditions. In that case, the conditions of No. 1.1. apply.
FKP Scorpio notes that visitors should always wear appropriate clothing and footwear. Events might be held on natural areas, which are uneven. Without adequate footwear, visitors could injure themselves.
FKP Scorpio further notes that the trafficability of areas intended for use by vehicles could be difficult/restricted due to weather conditions.
1.18.    Notices / instructions
In addition, current notices at the venue, instructions by the security staff, as well as current information on the websites of FKP Scorpio (here) and of the respective festival (M’era Luna) apply.
1.19.    Applicable laws, place of performance, jurisdiction, out-of-court settlement of disputes
1.19.1.    The laws of the Federal Republic of Germany shall apply exclusively, with the exception of German provisions on conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods (CISG). Irrespective of the abovementioned choice of law, consumers with a habitual residence outside the Federal Republic of Germany may always invoke provisions from which, according to the laws of their country of habitual residence, no deviation by agreement may be made; this does not apply to contracts for the provision of services, under which services provided to the consumer have to be exclusively in the Federal Republic of Germany.
1.19.2.    The sole place of performance, including delivery, service and payment, shall be Hamburg, provided that the customer is an entrepreneur, a legal entity under public laws or a special fund under public laws.
1.19.3.    Where customers are entrepreneurs, legal entities under public laws or special funds under public laws with residence (e.g. head office, main branch, etc.) in the Federal Republic of Germany, the courts of Hamburg shall have exclusive (including international) jurisdiction for disputes arising directly or indirectly from the contractual relationship between the customer and FKP Scorpio. Where customers do not have their domicile in the Federal Republic of Germany and are not consumers, the courts of Hamburg shall have exclusive (including international) jurisdiction for such disputes. In addition, Hamburg shall be the exclusive place of jurisdiction for all other disputes where the customer is not domiciled in the Federal Republic of Germany. However, all abovementioned choices of jurisdiction are only exclusive insofar as no other exclusive jurisdiction is binding by laws. In any case, FKP Scorpio is also entitled to sue customers at the place of their general jurisdiction or at another place of national or international jurisdiction.
1.19.4.    Consumers, i.e. all natural persons who enter into a legal transaction for purposes that predominantly are outside his trade, business or profession, shall note the following:
•    The European Commission has made available a platform for online dispute resolution here since 15 February 2016. The email address of FKP Scorpio is: info@fkpscorpio.com
•    If consumers have not purchased tickets on the internet, we note that we will not participate in any out-of-court dispute resolution procedures.


2.    Measures in relation to the Covid-19-pandemic and similarly contagious diseases
2.1.    Safety and health checks at the entrance / expulsion from an event
2.1.1.    FKP Scorpio may demand, to an appropriate extent, the disclosure of personal data required for the prevention of infections or for contact tracing, proof of adequate measures to prevent infections (testing/immunization proof) as well as participation appropriate health checks (e.g. temperature measurements) in relation to the Covid-19-pandemic and similarly contagious diseases.
2.1.2.    FKP Scorpio may deny admission to an event and expel visitors from an event, if a visitor:
a.    does not disclose personal data demanded based on the above No. 2.1.1., in particular health data (this includes first and surname, address, telephone number, e-mail address, declarations on their current state of health or stays in high risk or virus variant regions) prior to the respective event; FKP Scorpio may submit this data to competent authorities (e.g. health authorities), in compliance with statutory, in particular data protection law; or
b.    does not present proof of adequate measures to prevent infections pursuant to the above No. 2.1.1., such as a negative test on a Covid-19-infection from the same day, or an appropriate proof of immunization (e.g. proof of a complete vaccination or a healed Covid-19-infection, including additional vaccinations, if necessary), or, if necessary, both of the above (i.e. negative test result and proof of immunization);
c.    had been infected with the coronavirus, had contact with an infected person or stayed in a high risk or virus variant region within the two weeks preceding the event without demonstrably complying with applicable legal/governmental requirements for infection prevention (e.g. quarantine, testing);
d.    has an elevated body temperature, respiratory symptoms, constraints in her sense of taste or sense of smell or other typical symptoms of an infection with the coronavirus, which reasonably justify the conclusion that the visitor presents a health risk, or
e.    refuses to have her body temperature taken or refuses to participate in other appropriate health checks;
provided that denying admission/exclusion from the event is not disproportionate and that the measures under the above letters a. through e. do appear appropriate in light of the prognosis to be made in relation to the health risks associated with the Covid-19-pandemic or a similarly contagious disease.
2.1.3.    If FKP Scorpio exercises one of the rights under No. 2.1.2., any claim for (re-) admission or refund of the ticket price is excluded.
2.2.    Preventive measures and orders during the event
2.2.1.    FKP Scorpio may further order appropriate preventive measures, require cooperation and order rules of conduct, in particular to comply with health regulations. For example, FKP Scorpio may order to:
a.    wear medical moth and nose covering (e.g. FFP2 marks) in front of and within the venue;
b.    comply with hygiene rules (e.g. distance requirements, disinfection measures, etc.) and a protective and/or hygiene concept;
c.    participate in test and safety measures, e.g. measurement of body temperature or rapid test for the detection of Covid-19 and similarly contagious diseases;
d.    proof of other supporting documents and evidence that are relevant and adequate for safety and health reasons.
2.2.2.    Visitors have to comply with orders by FKP Scorpio and the security staff. FKP Scorpio may make attendance and stay at the event/on the Festival Site contingent upon compliance with these orders, provided that denying admission/exclusion from the event is not disproportionate and that the measures under the above letters a. through d. do appear appropriate in light of the prognosis to be made in relation to the health risks associated with the Covid-19-pandemic or a similarly contagious disease.
2.2.3.    If FKP Scorpio exercises one of the rights under No. 2.2.2., any claim for (re-) admission or refund of the ticket price is excluded.
2.3.    Residual infection risks
FKP Scorpio notes that a risk of an infection with Covid-19 or a similarly contagious disease may not be entirely excluded even if a protective and hygiene concept as well as all appropriate hygiene measures are fully adhered to.


3.    General House Rules Festival Site
By entering a Festival Site, visitors accept the following General House Rules. A Festival Site encompasses Event Areas, Parking Areas, Camping Areas and Caravan Areas as well as adjacent or nearby areas that are used by FKP Scorpio, e.g. for the entrance area or for distributing festival wristbands.
•    Event Areas encompass all areas of a Festival Site that are used for conducting the official stage program as well as adjacent areas that are, e.g., used for the VIP area, and that are not designated for camping, caravans or parking (including paths within these areas); event areas are enclosed by a fence.
•    Parking Areas encompass all areas that are designated for vehicles to park within, including paths within these areas;
•    Camping Areas encompass all areas that are designated for camping, VIP camping as well as resort/ comfort camping, including paths within these areas;
•    Caravan Areas encompass all areas that are designated for parking of and sleeping in vehicles, paths within these areas.
By entering specific areas of a Festival Site, visitors accept the Specific House Rules for these areas, which apply in addition to or, where applicable, as more specific rules as the General House Rules.
3.1.    Instructions by the security staff
Visitors have to follow instructions by the security staff at all times.
3.2.    Entering the Festival Site
It is only possible to enter a Festival Site with a proper and undamaged festival wristband.
When entering Event Areas, the following applies additionally: Within Event Areas, complimentary drinking fountains are provided. It is not allowed to carry drinks onto Event Areas. The form and size of drinking vessels, which are permissible to carry from Camping and Caravan Areas onto Event Areas, will be announced in advance on the website of the respective festival (M’era Luna).
3.3.    No admission for certain visitors
Visitors who are evidently drunk or similarly intoxicated or show otherwise erratic behavior will not be admitted onto Festival Sites, even if they have a proper and undamaged festival wristband. Any assessment and instructions by the security staff must be followed.
3.4.    Escape routes
Escape routes and stairs must not be used for seating and must be crossed quickly.
3.5.    No animals
It is not allowed to bring animals onto Festival Sites.
3.6.    Liability of FKP Scorpio in cases of theft, etc. / lockers
FKP Scorpio is only liable for damages and losses arising from burglary, theft, fire, natural disasters, or similar occurrences pursuant to the limitations of Part A Sec. 7. Valuables can be deposited in lockers in the entrance area of Event Areas against an additional fee. FKP Scorpio does not guarantee that lockers are available and empty for visitors to use.
3.7.    Waste management
During the festival, waste must be disposed of in the bins and containers provided for this purpose.
3.8.    Use of toilets
It is prohibited to urinate and defecate outside toilets and facilities provided for this purpose.
3.9.    Vandalism
Willful damage to any equipment, items and facilities (including material and not only temporary changes to the appearance, e.g. by graffiti) is prohibited and will be prosecuted.
3.10.    Natural areas / nature reserve
Festival Sites are located on or near protected natural areas. It is strictly prohibited to discharge hazardous substances into the soil, to stay in nature reserves and to contaminate or destroy nature reserves.
3.11.    Prohibition to enter certain areas
It is prohibited to enter ramparts, climb fences, light poles, buildings, electrical boxes, sanitary stations, portable toilets, bins, containers, and other facilities.
3.12.    Entering Festival Sites without authorization
Persons within fenced Festival Sites without authorization, will be prosecuted under Sec. 265a and Sec. 123 of the German Criminal Code (Strafgesetzbuch) for Obtaining Benefits by Deception (Erschleichen von Leistungen) and Trespass (Hausfriedensbruch).
3.13.    Requirement to be considerate / Prohibition of racist, anti-constitutional, and other evidently unlawful statements as well as corresponding clothing, badges, flags etc.
Visitors must show consideration to other visitors.
It is prohibited to make racist, anti-constitutional, and other evidently unlawful statements as well as to wear clothing and badges with racist, anti-constitutional, and other evidently unlawful statements and symbols (including symbols of anti-constitutional organizations and recognizable references thereto) as well as to erect and to carry corresponding posters, banners, flags etc.
3.14.    Prohibition to endanger other visitors 
It is strictly prohibited to endanger other visitors, in particular by “crowd surfing” or lighting pyrotechnics (e.g. fireworks, Bengal light). Any lighting of pyrotechnics will be prosecuted.
3.15.    Expulsion from the Festival Site
The security staff may sanction any violation of these House Rules with a “yellow wristband” (see above No. 1.4.) or, depending on the severity of the violation, with an immediate expulsion from Festival Sites.
Visitors expelled from Festival Sites may not claim re-admission or refund of the ticket price.


4.    Additional House Rules Camping and Caravan Areas
By entering Camping Areas or, respectively, Caravan Areas, visitors accept the House Rules Camping and Caravan Areas, which apply in addition to the General House Rules or, where applicable, as more specific rules than the General house Rules. As far as not indicated otherwise, the following rules apply to both Camping and Caravan Areas.
4.1.    Permissible lots per person
For each person (or, where applicable, tent/caravan), there is a permissible size of the lot, which might vary from festival to festival. The current size can be found on the website of the respective festival (M’era Luna).
4.2.    For Camping Areas: Transport of luggage
Luggage may be transported from Parking Areas to Camping Areas with handcarts or sloop carts; it is not permitted to bring car trailers onto Camping Areas.
4.3.    Operation of sound systems
During daytime, it is permitted to operate sound systems on Camping and Caravan Areas; loudspeakers must be set up in a way that they do not cause any noise to neighboring visitors. The maximum volume may be limited by the security staff to respect and protect the local residents. It is prohibited to operate sound systems during nighttime. Usually, the timeframe between 2 o’clock and 8 o’clock is deemed as nighttime. However, daytime and nighttime might vary from festival to festival; any shorter or longer nighttime will be published on the website of the respective festival (M’era Luna) and/or in the respective festival app.
4.4.    Prohibition of boundaries / holes
No boundaries (gutters) or other holes (e.g. for cooling) may be dug into the soil within Camping or Caravan Areas.
4.5.    Escape routes
It is paramount to respect escape routes marked on the soil. They have to be kept clear at all times. The markings may not be changed or removed.
4.6.    Using cooking appliances / open fire / campfire
Open fires and campfires are not allowed.
Certain gas cooking appliances are permitted, but they must be in perfect technical condition and comply with the German and/or European safety standards (such as DIN or EN). Only gas cartridges (piercing and valve cartridges) with a maximum filling weight of 450g may be used.
4.7.    Barbecuing
There is a general barbecue ban at the event. Information on barbecuing at special areas is available at the venue.
4.8.    Waste disposal
At the distribution points for the festival wristbands, visitors receive a rubbish bag after putting on the wristband. During the festival, waste must be disposed of at the refuse collection points in the provided bins and containers. Additional rubbish bags (if stocks last) will be distributed free of charge by the security staff.
4.9.    Maintenance of paths, systems, and facilities
Paths, systems, and all facilities on the camping 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 provided for this purpose is not permitted.
Contaminating water is prohibited.
Willful damage to trees and bushes on parking and camping areas and adjacent woodland is prohibited and will be prosecuted as vandalism.
4.10.    Ban on smoking
Smoking in forest areas and in closed buildings and tests is prohibited.
4.11.    Departure / cleaning
At the end of the stay on the Camping or Caravan Areas, lots have to be left in a tidy manner.
Dismantling, cleaning of the own lot, waste disposal, and departure must have occurred before closure of the Camping Area (day and time of the closure will be published on the website of the respective festival (M’era Luna) and in the respective festival app). If visitors leave any items on the Camping and Caravan Areas after closure of these areas, FKP Scorpio may dispose of these items. FKP Scorpio is not obliged to store these items.
If the festival is cancelled or curtailed after visitors have entered Camping or Caravan Areas, the aforementioned applies accordingly; FKP will ask visitors to comply with their obligations within a reasonable timeframe. 
4.12.    Additional instructions / notices
In additional to the (general and additional) House Rules, current notices and instructions by the security staff apply, as does current information published on the website of the respective festival (M’era Luna) and in the respective festival app

As of: 15 November 2022
 

 

 

Conditions of FKP Scorpio Konzertproduktionen GmbH for the add-on product „Voltergeist Womo“

 


1.    Scope of application and contractual partner
These conditions apply in addition to the General Terms and Conditions (available on the website of the festival (M’era Luna) of FKP Scorpio Konzertproduktionen GmbH („FKP Scorpio“ or “we”) for the add-on product „Voltergeist Womo“ – in the following „Voltergeist Womo“ –, which includes the lease of a reserved (parking) space of approx. 32 sqm as well as the lease of a power connection (of up to 2,000 watts) within the Caravan Area of the festival from FKP Scorpio. If a minor wishes to rent a Voltergeist Womo, written consent of the legal representative(s) must be provided.
In these conditions, FKP Scorpio will be referred to as lessor and the renting person as lessee. For ease of readability, where applicable, we will use the female or the plural form. These terms refer to persons of all genders and of the singular form.
2.    Offer and conclusion of the contract
Voltergeist Womos are available while stocks last. We do not accept any liability for possible misrepresentations on the website. We reserve the right to amend the representations on the website. Any information given orally, by telephone or by e-mail is non-binding information. The terms of the lease contract are set by the acceptance of an offer made by the lessee, which FKP Scorpio will declare by sending a Voltergeist Womo-ticket by post or e-mail and, where applicable, a Voltergeist Womo-sticker by post.
3rd    Ticket (acceptance of the Voltergeist Womo lease contract)
The Voltergeist Womo-ticket sent by post or e-mail and, where applicable, the Voltergeist Womo-sticker sent by post entitle the lessee to use a (parking) space within the Caravan area with a power connection (of up to 2,000 watts). The Voltergeist Womo-ticket (or, where applicable, the Voltergeist Womo-sticker) must be presented at the entrance to the Caravan area. Traffic staff or security staff designated by FKP Scorpio will assign the ticket holder to their (parking) space according to the number on the Voltergeist Womo-ticket (or, where applicable, on the Voltergeist Womo-sticker), provided that the vehicle is eligible for parking within the Caravan area pursuant to the General Terms and Conditions (which can be found here) and the current list of allowed vehicles (which can be found here).
For entering the Festival Site, visitors do not only need a Voltergeist Womo-ticket or -sticker, but also a chargeable Festival Pass.
The Voltergeist Womo-ticket and, where applicable, the Voltergeist Womo-sticker are not transferable (in particular, no subleasing or other transfer of use to third parties) and the assigned Voltergeist Womo cannot be changed after the lease contract has been accepted by FKP Scorpio.


4.    Lease term
The Voltergeist Womo will be leased for a maximum of four nights from the beginning of the festival. At the earliest, the lessee will be granted access to the Voltergeist Womo at the official opening of the Camping Areas; the opening hours will be published on the website of the festival (M’era Luna) and in the festival app.
On the day of departure, the Voltergeist Womo needs to be made available by 12 o’clock at the latest.


5.    Use of the power connection
The lessor will only provide a power connection. The lessee will need to bring an appropriate cable (16 ampere, 2.5 mm² cable cross-section, minimum of 50 meters in length). For reasons of safety, the power connections are capped at 2,000 watts per connection.
The power will be generated locally are might therefore be susceptible to disturbances and voltage fluctuations. The lessor assumes no liability for the use of the power connection and for potential defects in equipment caused by voltage fluctuations or outages. The lessor further reserves the right to (temporarily or fully) shut down or interrupt the power supply for compelling or safety reasons.
By purchasing the Voltergeist Womo-ticket, the lessee confirms that she has sufficient knowledge to use the power connection safely and responsibly. The lessor is obliged to protect the power connection from liquids of any kind and to immediately report any problems with the power connections to the security staff.
The power connection may only be used for supplying power to vehicles. It is forbidden to connect multiple sockets.


6.    House Rules / termination without notice
We note that Camping and Caravan Areas are subject to House Rules, which can be found on the website of the festival (M’era Luna).
In case the lessee violates the House Rules or violates the terms of the lease contract of the Voltergeist Womo (including these conditions), such as by subletting the Voltergeist Womo or using the power connection for purposes other than supplying vehicles, and if it cannot reasonably be expected for the lessor to continue the lease contract, the lessor may terminate the contract without notice.


7.    Liability of the lessor
Any contractual and statutory liability of the lessor for damages of any kind is excluded, unless for
•    for damages caused by the lessor intentionally or with gross negligence,
•    for cases of (mild or simple) negligence of the lessor for damages due to injury to life, body or health,
•    for mild or simple violations by the lessor io of essential contractual obligations; essential contractual obligations are obligations the fulfillment of which is necessary for properly executing the contract and the compliance with which visitors regularly rely upon and may rely upon.
In cases of simple or mildly negligent violations of essential contractual obligations, the liability of the lessor is – except for damages due to injury of life, body or health – limited to the contractually typical damages foreseeable for the lessor upon conclusion of the contract or at the time of the breach of duty.
The above limitations and exclusions of liability also apply to the liability of the lessor for its organs, employees and vicarious agents as well as the personal liability of these organs, employees and vicarious agents. They also apply to the liability of co-promoters, where applicable.


8th    Cancellation of a Voltergeist Womo purchased in addition to a Festival Pass
The lessee may cancel a Voltergeist Womo purchased in addition to a Festival Pass at any time before the start of the festival. The cancellation needs to be declared towards the lessor. The lessee needs to declare unambiguously whether she wishes to cancel the Voltergeist Womo and the Festival Pass or only the Voltergeist Womo. We recommend a cancellation notice on a durable data carrier (e.g. letter, fax or e-mail).
If the lessee cancels both the Festival Pass and the additional Voltergeist Womo, the Lessor loses the claim for the price for the Festival Pass and the Voltergeist Womo. If the lessee only cancels the Voltergeist Womo, the lessor only loses the claim for the price for the Voltergeist Womo.
In both cases, the lessor may claim reasonable compensation instead of the ticket price(s). The lessor may not claim compensation if she is responsible for the cancellation or if unavoidable and extraordinary circumstances occur at the destination or in its immediate vicinity, which significantly impair the event or the transportation of visitors to the destination. Circumstances are unavoidable and extraordinary if they are beyond the control of the lessor and if their consequences could not have been avoided even if all reasonable precautions had been taken.
The lessor makes of her option to set a lump sum for reasonable compensation. The following lump sums represent the price for the Voltergeist Womo minus expenses saved by the lessor and minus the value of what the lessor receives through other use of her services. The lump sums take into consideration the time period between cancellation notice and start of the festival. At the request of the lessee, the lessor shall justify the amount of reasonable compensation.
The following lump sums apply in case the lessee cancels both the Festival Pass and the Voltergeist Womo:
a.    Voltergeist Womo 
In case of cancellation notice
•    up until 30 calendar days before the start of the festival: 20%,
•    from 29 until 15 calendar days before the start of the festival: 60%,
•    from 14 until 3 calendar days before the start of the festival: 80%,
•    from 2 calendar days before the start of the festival: 95%.
b.    Festival Pass
The price for the Festival Pass purchased along the Voltergeist Womo is not taken into account when calculating the above compensation lump sums. The lessee has to pay compensation in the amount of the full price for the Festival Pass.
If the lessee only cancels the Voltergeist Womo, only the lump sums under letter a. apply. No compensation for the Festival Pass has to be paid; the Festival Pass remains valid.
In all cases, the lessee is permitted to prove that the reasonable compensation for the lessor should be less than the lump sums specified above.
The lessor reserves the right to demand compensation higher than the lump sums specified above based on an individual calculation, if she can prove that she has incurred significantly higher expenses than the respective compensation lump sum. In that case, the lessor is obliged to quantify and justify the compensation, taking into account saved expenses and what she receives through other use of her services
9th    Cancellation of a Voltergeist Womo without a Festival Pass
The lessee may cancel a Voltergeist Womo purchased without a Festival Pass at any time before the start of the festival. In that case, the abovementioned conditions for a cancellation of a Voltergeist Womo of No. 8 apply accordingly.


10.    Cancellation by the lessor
The lessor reserves the right to cancel the lease contract of a Voltergeist Womo up until 14 calendar days before the beginning of the festival (i.e. of the lease period), in case the number of bookings is insufficient. In that case, payments will be refunded in full.
11.    Cancellation due to Force Majeure // Covid-19
Where the festival is cancelled or postponed due to Force Majeure (as defined in the following), Voltergeist Womo-tickets remain valid; ticket holders are entitled to attend to the postponed or, where applicable, subsequent edition of the festival (hereinafter the “Subsequent Event”). The Subsequent Event will usually take place at the same time of the year in the next calendar year. FKP Scorpio will announce the exact date of the Subsequent Event on the festival website as quickly as possible, at the latest within two weeks after the cancellation or postponement of the event has been announce; this date may not be later than 13 months after the end of the cancelled/postponed event.
Ticket holders may, however, request a refund of the price printed on the ticket, if it is unreasonable for them to attend the Subsequent Event. In particular, it is unreasonable for ticket holders to attend the Subsequent Event if they have, at the time of the announcement of the date for the Subsequent Event, already
•    booked a vacation trip, bought tickets for a concert, festival, sport event or a similar event, or
•    planned a compulsory business trip that cannot be postponed or received a similar obligation arising from a service or employment relationship (such as on-call duty),
or
•    if the date of the Subsequent Event coincides with a birthday, wedding, anniversary of the ticket holder or a close relative (grandparents, parents, siblings, children, grandchildren).
Moreover, it is unreasonable for ticket holders to attend the Subsequent Event, if at the latest three months before the Subsequent Event, personal circumstances arise, which will most likely make attendance to the Subsequent Event unreasonable, such as:
•    illness or other health impairment,
•    operation, stay at a health resort or clinic, rehabilitation measure or comparable measures to restore or promote health,
•    obligation to care for close relatives (grandparents, parents, siblings, children, grandchildren).
Ticket holders have to assert that it is unreasonable for them to attend the Subsequent Event at the latest three months before the Subsequent Event so that FKP Scorpio can sell the ticket to another person. Ticket holders have to substantiate the circumstances that make attendance to the Subsequent Event unreasonable, as far as possible and as far as can reasonably be expected, e.g. by providing copies of travel documents. As far as ticket holders have been sent a (physical) ticket, a refund will only be made upon submission of the original ticket.
Force Majeure is any event that is beyond control of FKP Scorpio. For example, force majeure exists in the event of war, civil war, war-like events, acts of terrorism, political unrest and/or the use of chemical, biological, biochemical substances and/or nuclear energy. Force majeure shall also be deemed to exist in the event of pandemics, epidemics, epidemics or similar risks of disease and/or in the event of natural disasters (storms, hurricanes, earthquakes or floods, etc.) or the consequences thereof. Furthermore, force majeure shall be deemed to exist in particular in the event of governmental, official or other public-law interventions and measures, such as orders, general decrees, etc., for which FKP Scorpio is not responsible, which prevent the event from being held and which did not already exist at the time the ticket was sold with effect for the date of the event. Force majeure shall be deemed to have occurred both when such an event has occurred and when such an event is reasonably likely to occur at the time of the event. The assessment as to whether a corresponding event has occurred or is imminent shall be made by FKP Scorpio, taking into account a reasonable period for examination and consideration, immediately after the event has become known, at its reasonable discretion, in particular taking into account the interests of the ticket holders.
If the festival is cancelled due to the Covid-19 pandemic or a similarly contagious disease at no fault of FKP Scorpio, FKP Scorpio will reschedule the festival as far and as soon as possible. Voltergeist Womo-tickets will remain valid. Furthermore, the conditions of the abovementioned numbers paragraphs apply.


12.    Legal relationship
The laws of the Federal Republic of Germany shall apply exclusively, with the exception of German provisions on conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods (CISG). Irrespective of the abovementioned choice of law, consumers with a habitual residence outside the Federal Republic of Germany may always invoke provisions from which, according to the laws of their country of habitual residence, no deviation by agreement may be made; this does not apply to contracts for the provision of services, under which services provided to the consumer have to be exclusively in the Federal Republic of Germany.
Consumers, i.e. all natural persons who enter into a legal transaction for purposes that predominantly are outside his trade, business or profession, shall note the following:
•    The European Commission has made available a platform for online dispute resolution here since 15 February 2016. The email address of FKP Scorpio is: info@fkpscorpio.com
•    If consumers have not purchased tickets on the internet, we note that we will not participate in any out-of-court dispute resolution procedures.

As at: 15 November 2022