General Terms & Conditions
General Terms and Conditions (Internet)
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 the performance of the event by Elbjazz GmbH as promoter (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.
Part A Ticket purchase / Inclusion of travel services
FKP Scorpio Konzertproduktionen GmbH distributes the tickets on behalf of the promoter as a mediator or as commission agent. By ordering tickets, the customer instructs FKP Scorpio Konzertproduktionen GmbH to process the card purchase, including shipping. Since FKP Scorpio Konzertproduktionen GmbH sells tickets on behalf of Elbjazz GmbH as an agent or commission agent, FKP Scorpio Konzertproduktionen GmbH is not itself the promoter of the events offered. This will be performed by Elbjazz GmbH, which 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 Elbjazz GmbH. These contractual relationships are subject to the conditions set out in Part B of these General Terms and Conditions.
If tickets are sold in combination with transport services provided by third parties, the terms and conditions of the third party apply to the transport services. The customer is requested to familiarise himself with the terms and conditions of the third-party regarding transport services. Any claims relating to the transport services are to be asserted against the third party.
Overview of topics Part A
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 his attention has been drawn in the context of presale, or attempts to circumvent the terms and conditions have been made (e.g. violation of limit on the number of tickets per customer, violation of the terms of the document, especially against resale prohibitions, attempting to bypass rules by logging in and using multiple user profiles, etc.). The declaration of cancellation/withdrawal may also be made implicitly by crediting back the monies paid by the customer.
II.4
The right of cancellation is governed by §§ 346 ff. of the BGB (German Civil Code), excluding § 350 BGB (German Civil Code).
II.5
In case of cancellation, abandonment, relocation, or any other kind of non-execution of an event, the claims of the customer are solely based on the contractual relationship with the respective promoter. If FKP Scorpio Konzertproduktionen GmbH has sold the tickets itself as the event promoter, the customer's claims in this respect are based on the following Terms and Conditions that apply to events (Part B I.4).
III. Items making up the price and payment methods
III.1
Payment can be made by credit card (Visa or MasterCard), in advance by bank transfer or by immediate bank transfer, depending on the event and order method. The legally required value added tax is included in the price. The total price of the order including all fees is, where payment is made by credit card or immediate bank transfer, due for payment immediately upon conclusion of the contract. As an exclusion from the above, in the case of the advance payment method, the total price is to be transferred in its entirety to the account named by FKP Scorpio Konzertproduktionen GmbH on or before the date communicated to the customer. Payment for Visa and MasterCard is handled by CTS EVENTIM Nederland B.V., PO box 3096, 2130 KB Hoofddorp, Netherlands. For immediate transfers, the payment is processed through SOFORT GmbH.
III.2
In the case of an internet order, service and shipping costs are charged, which may vary depending on the event. These fees are displayed to the customer in the shopping cart - there are no other costs except for those shown. Gift packaging will be charged additionally at the rate indicated.
III.3
Since FKP Scorpio Konzertproduktionen GmbH sells tickets on behalf of Elbjazz GmbH as an agent or commission agent, contractual relationships with regard to event attendance are exclusively between the customer and Elbjazz GmbH.
If the customer - apart from the case of a possible revocation according to the following section IV. - has claims for reimbursement of payments made, he/she can therefore hereby make claims solely against Elbjazz GmbH. 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 cancellation instruction and the sample cancellation form
Consequences of cancellation
In the case of cancellation by the consumer, the following applies:
FKP Scorpio Konzertproduktionen GmbH may refuse to repay the monies until FKP Scorpio Konzertproduktionen GmbH has received the goods back or until the consumer has provided proof that he has returned the goods, whichever is the earlier.
The consumer must return or hand over the goods to FKP Scorpio Konzertproduktionen GmbH immediately and in any event not later than 14 days from the day on which he informed FKP Scorpio Konzertproduktionen GmbH of the cancellation of this contract. The deadline shall be met if the consumer sends back the goods before the period of 14 days has expired. The consumer bears the direct costs of returning the goods. The customer is obliged to compensate for any loss of value of the goods that may arise from an improper handling of the goods that was not required for purposes of inspecting their condition, properties, and functioning.
V. Upgrades and Exchange
V.1
Upgrades are only being issued from a lower to a higher ticket category and only if the higher category has not been sold out upon the upgrade request. Upgrades can only be purchased by telephone (+49 (0)40 - 743 059 44). 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 generally not obliged to exchange tickets for other ticket of an equivalent category. Requests for exchanges of the kind can be made by telephone only (+49 (0)40 - 743 059 44) 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.
Retention of ownership, set-off, right of retention when purchasing on invoice
VI.1
If the customer is a consumer, FKP Scorpio Konzertproduktionen GmbH retains ownership of the purchased item until full payment of the invoice amount. For personalised tickets, the transfer of the claim resulting from the ticket is subject to the full payment of the invoice amount. The corresponding security rights are transferable to third parties.
VI.2
If the customer is not an end-consumer, that is, an entrepreneur, a legal entity under public law or a special fund under public law, FKP Scorpio Konzertproduktionen GmbH retains title to the purchased item until all outstanding claims arising from the business relationship with the customer have been settled. In the case of personalised tickets, the transfer of the claim resulting from the ticket shall be subject to the condition of settlement of an outstanding claim from the business relationship with the customer. The corresponding security rights are transferable to third parties. An entrepreneur is any natural or legal person or a legal partnership who/that, on conclusion of a legal transaction, does so in their commercial or professional capacity.
VI.3
The customer is only entitled to offset and/ retain if his counterclaims and/or rights have been legally established or are undisputed or acknowledged by FKP Scorpio Konzertproduktionen GmbH. In addition, the customer has a right of retention only if and as far as his counterclaim based on the same contractual relationship.
VI.4
If the customer has outstanding payment responsibilities about FKP Scorpio Konzertproduktionen GmbH, all existing claims will become due immediately.
VI.5
Insofar as the claims of FKP Scorpio Konzertproduktionen GmbH against the customer are not only temporarily secured for more than 110 %, FKP Scorpio Konzertproduktionen GmbH will release security rights at the request of the customer up to the limit.
VII. Limitation of liability, exclusion of cancellation rights for certain breaches of duty
VII.1
In any case, FKP Scorpio Konzertproduktionen GmbH is fully liable under the Product Liability Act, for intentional or gross negligently caused damages, fraudulent concealment of defects and for damages resulting from injury to life, body or health.
VII.2
Furthermore, FKP Scorpio Konzertproduktionen GmbH is liable if and insofar as it has issued a guarantee and this guarantee is violated.
VII.3
In the case of simple negligent violation of essential contractual obligations, FKP Scorpio Konzertproduktionen GmbH shall be liable - if no liability has already been granted in accordance with Section A. VII.1 or VII.2 - only limited to the replacement of the foreseeable and contract-typical damage. Essential contractual obligations are all obligations whose fulfilment is a prerequisite for the performance of the contract, and on the fulfilment of which the customer regularly trusts and is also entitled to rely.
VII.4
If and insofar as liability of FKP Scorpio Konzertproduktionen GmbH has not arisen according to Section A. VII.1 or Sections A. VII.2 or Section A. VII.3 FKP Scorpio Konzertproduktionen GmbH's liability in cases of ordinary negligence is excluded.
VII.5
The above limitations/exclusions of this Section A. VI also apply with regard to the liability of FKP Scorpio Konzertproduktionen GmbH for its organs, employees and vicarious agents as well as the personal liability of the organs, employees and vicarious agents of FKP Scorpio Konzertproduktionen GmbH.
VIII. Prohibition on the use of tickets for competitions
The customer may use tickets for competitions/raffles only with the consent of FKP Scorpio Konzertproduktionen GmbH. For each case of violation, FKP Scorpio Konzertproduktionen GmbH may, at its reasonable discretion, determine an appropriate contractual penalty to be paid by the customer and, in the event of a dispute, to be reviewed for its appropriateness by the competent court. In the event of a permanent violation, a contractual penalty may be set repeatedly. Other claims of FKP Scorpio Konzertproduktionen GmbH remain unaffected. However, the contractual penalty shall be offset against any corresponding claim for damages.
IX. Applicable law, place of provision, jurisdiction, out-of-court settlement of disputes
IX.1
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Regardless of the above provision on choice of law, consumers who habitually reside outside the Federal Republic of Germany may, however, always rely on the protection of provisions from which, according to the law of the country in which they have their habitual residence, no deviation may be made by agreement; this does not apply if a contract for the provision of services is concluded according to which the services to be provided to the consumer must be provided exclusively with the Federal Republic of Germany.
IX.2
The sole fulfilment location for delivery, service and payment is Hamburg, provided that the customer is an entrepreneur, a legal entity under public law or a special fund under public law.
IX.3
If the customer is a merchant, legal entity under public law or special fund under public law with residence (e.g. head office, head office, main branch etc.) in the Federal Republic of Germany, the exclusive (including international) place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be Hamburg. If the customer is not domiciled in the Federal Republic of Germany and is not a consumer, the exclusive (also international) place of jurisdiction for such disputes (arising from the contractual relationship) shall also be Hamburg. In addition, Hamburg shall also be the exclusive place of jurisdiction for all other cases of such disputes where the customer is not domiciled in Germany. However, the above-mentioned places of jurisdiction are only exclusive insofar as no other exclusive place of jurisdiction is given by law. FKP Scorpio Konzertproduktionen GmbH is also entitled to sue its customers in any case at their general place of jurisdiction or at another national or international place of jurisdiction.
IX.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 of Elbjazz GmbH for the Conduct of Events
I. GENERAL PROVISIONS
II. Measures with regard to the COVID 19 pandemic and comparable infectious diseases
III. HOUSE RULES FOR THE EVENT AREA
I. GENERAL PROVISIONS for the conduct of festivals
I.1 Definition of event site
The event site is the area 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.
I.2 Access authorisations
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.
I.3 The liability of the promoter (Elbjazz 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 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 his own discretion. If the event is postponed or - in case of cancellation or termination - made up for, the tickets for the event shall remain valid. However, the ticket holder resp. guest may demand reimbursement of the face value of the ticket in accordance with Clause I.4.2 if, in individual cases, the postponement or rescheduling of the event is unreasonable for him (e.g. due to a holiday trip on the new date of the event that has already been booked).
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 his 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 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 an event site
At first entry, the tickets are cancelled completely, and the visitor receives a wristband. When re-entering the event site, 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 site. 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 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 site.
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.
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 his portrait and voice for photographs, live broadcasts, broadcasts and/or recordings of images and/or sound recordings made by the promoter, its agents or other third parties in connection with the event, and their subsequent exploitation in all current and future media (such as in particular in the form of audio and video carriers as well as the digital distribution, for example, via the Internet). 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 his 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 his 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 he and his 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
The visitor is responsible for his/her own travel to the event and parks his/her car at his/her own risk. 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.
There is no entitlement to a specific parking spot.
The parking instructions published on the festival's website apply in addition; the instructions of the security personnel must also be followed in this respect.
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 areas of the event site 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 him shall immediately follow to avert danger to life or limb.
I.16 Weather conditions/ appropriate clothing and footwear
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. The event takes place on partly uneven terrain. Injuries can occur without adequate 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 and festival 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 site 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
I.19.1 The law of the Federal Republic of Germany applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods. Irrespective of the above provision on the choice of law, however, consumers who have their habitual residence outside the Federal Republic of Germany may 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 is permitted by agreement; this shall not apply if a contract for the provision of services is concluded under which the services owed to the consumers must be provided exclusively within Germany.
I.19.2 The sole place of performance for delivery, service and payment is Hamburg, if the customer is an entrepreneur, legal entity under public law or special fund under public law.
I.19.3 If the customer is a merchant, legal entity under public law or special fund under public law with residence (e.g. head office, head office, main branch etc.) in Germany, the exclusive (also international) place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Hamburg. If the customer is not domiciled in Germany and is not a consumer, the exclusive (also international) place of jurisdiction for such disputes (arising from the contractual relationship) is also 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. Elbjazz GmbH is also entitled to sue its customers at their general place of jurisdiction or at another national or international place of jurisdiction.
I.19.4 For visitors who are consumers, we again point out the following as a precaution:
Online dispute resolution
1. The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at ec.europa.eu/consumers/odr. You will also find our email address on our Imprint page; it is: ahoi@elbjazz.de
2. We are not prepared to nor obliged to take part in the European Commission's dispute resolution procedure and/or to appear before a consumer arbitration board in accordance with the German Consumer Dispute Resolution Act (VSBG).
Consumers are all-natural persons who purchase tickets for purposes that cannot be attributed primarily to their commercial or self-employed professional activity.
II. Measures with regard to the COVID 19 pandemic and comparable infectious diseases
II.1 Security and health checks prior to admission / exclusion from the event
II.1.1 With regard to the COVID 19 pandemic and comparable infectious diseases, the promoter reserves the right to demand, to an appropriate extent, the transfer or indication of personal data required for the prevention of an infection or for contact tracing, proof of execution of adequate infection defence (testing and/or proof of immunization) as well as participation in appropriate health checks (e.g. temperature measurements).
II.1.2 The promoter is entitled to refuse admission to the event or to exclude the attendee from a further stay on the event site if the attendee:
a. does not submit necessary personal data, in particular health data, (first and family name, address, telephone number or email address, declarations with regard to medical conditions or stays in high risk areas) prior to arrival and prior to the start of the event, whereby the promoter is entitled in particular - in compliance with the statutory law, in particular data protection law - to transmit this data to the competent authorities (e.g. health authorities), or
b. does not present proof of execution of adequate infection defence such as, e.g., an actual negative test with regard to an infection with the coronavirus, which must have been conducted during the preceding 24 hours, nor an appropriate proof of immunization (evidence of complete vaccination or of a completely cured infection with the coronavirus, including all required additional vaccinations) or if necessary both the above (i.e. negative test result and proof of immunization), or
c. within the preceding two weeks before the event, was infected with the coronavirus, had contact with an infected person or staid in high risk or virus variant area and did not demonstrably comply with applicable legal or governmental requirements for infection prevention (e.g. quarantine, testing),
d. has an elevated body temperature, respiratory symptoms, constraints in his or 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 attendee presents a health risk, or
e. refuses to have his or her body temperature taken or refuses to participate in other appropriate health checks,
provided that refusal of admission to the event and exclusion of the attendee from a further stay on the event site is not a disproportionate burden in the particular case and that the measures under the above letters b. through e. seem to be appropriate in light of the prognosis to be made by the promoter with regard to the health risks inherent with the COVID-19 pandemic.
II.1.3 If the promoter exercises its exclusion right, then the entry ticket loses its validity. There is no entitlement to re-admission or to a refund of the purchase price.
II.2 Preventive measures and orders during the event
II.2.1 The promoter may order further appropriate preventive measures, require acts of cooperation or prescribe rules of conduct, in particular with regard to health regulations. For example, the promoter may order:
a. wearing medical mouth and nose coverings (e.g. FFP2 masks) in front of and on the event site;
b. compliance with hygiene rules (distance requirements, disinfection measures, etc.) and adherence to a protection and hygiene concept;
c. participation in testing and safety measures, e.g. measurement of body temperature or rapid tests for the detection or exclusion of infectious diseases (e.g. SARS-CoV 2 virus including mutated virus forms); and
d. provision of any other supporting documents or evidence relevant and adequate for the promotion of safety or health related issues.
II.2.2 The visitors have to comply with these measures and rules of conduct as well as with the respective orders by the stewards. The promoter may make attendance at the event or remaining on the event site conditional upon compliance with its orders and instructions. If the promoter exercises its exclusion right, the provisions under the above Section B. II.1.3 apply.
II.3 Existence of infection risks
The promoter hereby gives notice that even full implementation of an appropriate protection and hygiene concept as well as compliance with all reasonable hygiene measures does not completely exclude the risk of an infection with the coronavirus disease (COVID-19) or other pathogenic organism for the visitor.
II.4 Cancellation / Re-Scheduling / Reduction of number of attendees
II.4.1 If the event is cancelled due to the Covid-19 pandemic including mutations thereof or a comparable infectious disease at no fault of the promoter, the promoter will make up for the event as far and as soon as possible and reasonable. In this case, the tickets for the event will remain valid. Furthermore, the provisions under the above Section B. I.1.4 apply.
II.4.2 If at any time after the start of the booking of tickets the maximum number of attendees is reduced due to the COVID 19 pandemic or a comparable infectious disease and the number of sold tickets exceeds the maximum number of admissible attendees, the promoter is entitled to cancel the required number tickets. The same applies to tickets which grant access to certain areas (e.g. backstage tickets). In this case the promoter is, furthermore, entitled to reallocate the available seats within the same price category as necessary, e.g. in order to safeguard sufficient distance between attendees, as well as to – without surcharge – assign attendees seats in higher price categories and to convert tickets for standing room into tickets for seats.
Assignment of seats of a lower price category as well as conversion of tickets for seats into tickets for standing room is possible only against reimbursement of the price difference; in this case the visitor is entitled to rescind the contract within an appropriate deadline upon receipt of notice of assignment or conversion respectively, which deadline is to be set by the promoter, and the promoter shall explicitly inform the visitor of this right of rescission in its notice.
The promoter shall determine by an appropriate, transparent and non-discriminatory procedure which tickets are cancelled or converted and how a reallocation of tickets is performed.
With regard to cancelled tickets, the visitor shall receive the price printed on the ticket or, at the choice of the promoter, a value voucher if in this case the promoter is entitled by law to issue vouchers. The visitor is not entitled to any further claims for compensation or reimbursement of expenses (e.g. with regard to costs of cancellation of hotel or travel arrangements). Furthermore, the provisions on exclusion and limitation of liability of theses General Terms and Conditions apply (see Section B.I.3).
III. RULES ON THE EVENT SITE
III.1 Definition of event site
The event site is the area 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
III.2 Validity of the EVENT SITE RULES
By entering the event site, visitors agree to these rules in section B. II. If certain regulations of the rules also apply to the festival grounds, this is explicitly mentioned in the respective regulations.
III.3 Regulations by the security services
Regulations by official and authorised security staff must always be followed.
III.4 (Re-) admission to the event site
During first admission to the event 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.
III.5 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.
III.6 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 all permitted and 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. 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 site.
Drinking water dispensers are available free of charge on the event site. Bringing your own drinks to the event area is not permitted. However, the promoter may allow exceptions to this rule. These are available here in their current version.
III.7 Escape routes
Escape routes and stairs must not be used as seats and must be crossed quickly.
III.8 Prohibition of animals
Animals are not allowed on the event site.
III.9 Promoter's liability in the case of theft etc./ lockers
The promoter is not liable for damages and losses to the visitors incurred by burglary, theft, fire, natural disasters, or other occurrences. For these limitations of liability, the limitations in section B. I 3 (promoter's liability) apply accordingly.
III.10 Waste management
During the event, waste must be disposed of in the bins and containers provided for this purpose.
III.11 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.
III.12 Use of toilets
Urinating and/or defecating outside the toilets and facilities provided for this purpose are not permitted. If a visitor violates this requirement, this violation can be punished with a “yellow wristband” (see above section B. I.2).
III.13 Vandalism
Wilful damage to any property or equipment is prohibited and will be prosecuted as vandalism.
III.14 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.
III.15 Entering the event grounds without authorisation
Persons within the fenced site without authorisation will be reported for all relevant criminal offences and administrative offences, in particular service fraud (section 265a of the Criminal Code) and trespassing (§ 123 of the Criminal Code).
III.16 Consideration requirement
It is important to show consideration for the other festival visitors.
III.17 Expulsion from the event
Failure to comply with the event rules can lead to complete expulsion from the event. 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.
III.18 Prohibition of endangering other visitors
Any endangerment to other visitors - by "crowd surfing" or by lighting fireworks (e. g. Bengali fires) - is strictly forbidden. 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.
III.19 Smoking ban
Smoking in closed rooms and tents is not allowed.
III.20 Other instructions / notes
In addition, the current notices, in particular any house rules, and the instructions of the local public order service shall apply. Furthermore, the current notices on the official website of the festival apply.
III.21 Prevention measures
The promoter may order further appropriate preventive measures and prescribe rules of conduct, in particular to comply with health-related requirements (e.g. distance requirements, mouth protection to prevent infection, etc.). For example, the promoter may also exclude from the event guests who are found to have an elevated body temperature and/or guests who refuse to have their body temperature checked. The guests have to follow these orders as well as the instructions of the security staff.
As at: November 10th, 2021