Terms + Conditions

A. Scope
The following general terms and conditions of FKP Scorpio Konzertproduktionen GmbH are solely applicable to all orders concerning supply of tickets and merchandising articles. No responsibility is taken for the correctness of the data provided on the web pages of FKP Scorpio Konzertproduktionen GmbH.

B. Conclusion of Contract
The request for conclusion of a contract is made when the customer clicks on "Order" at the end of the order transaction. By purchasing admission tickets a contractual relationship with regard to attendance at an event between the ticket holder (customer) and the event organiser - ELBJAZZ GmbH - is established. Should FKP Scorpio Konzertproduktionen GmbH not be the event organiser, it will only arrange the event contract on behalf and by order of the organiser in question. In such a case the General Terms and Conditions of the organiser in charge may be applicable to this legal relationship.

C. Price Composition and Payments
The customer undertakes to pay the ticket price to FKP Scorpio Konzertproduktionen GmbH. This consists of the following: The statutory VAT is already included in the price. Advance booking fees are as a rule included in the ticket prices shown on these pages; otherwise they will be listed separately. Postage to the amount of 4.90 € per order must be paid additionally in case of choosing a physical ticket.

FKP Scorpio Konzertproduktionen GmbH shall retain legal ownership of the purchased item until the invoice amount has been paid in full. In case payment is not executed correctly or will be charged back FKP Scorpio Konzertproduktionen GmbH can claim to send back the tickets.

D. 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, in particular 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: info@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

E. Warranty
The FKP Scorpio Konzertproduktionen GmbH assumes no responsibility for the accuracy, completeness and timeliness of the information provided, unless they are based on gross negligence. If the customer gives his e-mail address when ordering, he can be informed by FKP Scorpio Konzertproduktionen GmbH about canceled or changed event dates. The customer is obliged to check the tickets for accuracy and completeness immediately after receipt of the delivery and to report complaints within seven working days to FKP Scorpio Konzertproduktionen GmbH in writing. Compensation instead of performance in accordance with § 437 No. 3 BGB can only be demanded by the purchaser if the breach of duty by FKP Scorpio Konzertproduktionen GmbH is based on gross negligence or intent.

F. Terms of Delivery
When choosing physical tickets, the tickets are sent at the expense of the customer. Delivery is made by Deutsche Post AG normally within a few working days after receipt of payment to the address stated by the purchaser. By placing the order with Deutsche Post AG, the risk passes to the buyer. The FKP Scorpio Konzertproduktionen GmbH is liable only for delays that come about through their own fault. If you choose a print @ home entrance ticket, the transfer takes place immediately after receipt of payment to the e-mail address specified by the customer.

G. Data Protection and Data Processing
FKP Scorpio Konzertproduktionen GmbH processes personalised data in compliance with data protection regulation applicable to the contract. If necessary, FKP Scorpio Konzertproduktionen GmbH is entitled to transfer these data to third parties commissioned with handling the purchase contract so that the contracts concluded can be fulfilled.

H. Photography and Filming
At the event “ELBJAZZ”, media outlets, festival sponsors, and/or the organiser will make/take photographs and films, reproduce, and use them, for example, for news reporting or documentation that is disseminated via print, DVD, TV, and/or the internet (website, Facebook, etc.). By entering the participating locations, each visitor to the festival agrees that these photographs and films may also depict the visitor and may be used for the aforementioned purposes without compensation.

I. Final Provisions
1. Exclusively the law of the Federal Republic of Germany applies.
2. The sole place of fulfilment for delivery, service provision and payment is Hamburg insofar as the customer is an entrepreneur in the sense of Art. 14 BGB.3. If the customer is a registered merchant, the sole (and international) place of jurisdiction for all disputes resulting directly or indirectly from the contractual relationship shall be Hamburg. This is also applicable to non-merchants in case of cross-border contracts. FKP Scorpio Konzertproduktionen GmbH reserves the right to apply to any other court internationally responsible.