General terms and Conditions
GENERAL TERMS AND CONDITIONS OF FKP SCORPIO
("TICKET TERMS & CONDITIONS")
1. General
1.1 These general terms and conditions (hereinafter “General Terms and Conditions”) shall apply to all agreements and (contractual) relationships entered into by you (“You”) and FKP SCORPIO BELGIUM, with registered office at Waterloostraat 35, 2600 Antwerp (Belgium) (hereinafter “Scorpio” or the “Organizer”), and to all products and services offered or made available by Scorpio.
1.2 These General Terms and Conditions are designed to ensure customers' full understanding of the online ticket booking process of Scorpio. Scorpio however reserves the right to change these General Terms and Conditions from time to time, with said changes entering into force once they are published on the website of Scorpio: www.fkpscorpio.be (the “Website”). For this purpose, we kindly request you to consult the General Terms and Conditions on the Website regularly.
1.3 Any breach of these General Terms and Conditions will lead to the loss of the right to access the event in question, with no payment of damages and with the Digital Ticket in question being declared void.
1.4 Should certain provisions of these General Terms and Conditions appear invalid or unenforceable, this shall not affect the legality, validity or enforceability of all other provisions of these General Terms and Conditions.
2. Event attendance and personalization of digital tickets
2.1 All digital tickets issued by or on behalf of Scorpio (the “Digital Tickets”) are personalized, i.e. only the person who is the holder of the Digital Ticket and right of attendance implied therein has the right to demand admission to the event. The right to attend the events of Scorpio shall only exist on the basis of the visitor contract (event attendance contract), which the visitor has concluded with the Organizer (in the context of his Ticket order).
2.2 Proof that the visitor is a contractual partner and has thus also acquired the right to visit the event shall be provided by presenting the personalized Digital Ticket and - at the request of the Organizer or of the persons authorized by the Organizer- a photo ID. The Organizer reserves the right to refuse admission to the event, in particular by blocking the Digital Ticket, to ticket holders who have not acquired or cannot prove that they have the right to attend the event. If the Organizer allows the holder of the Digital Ticket to enter, it shall also be released from its obligation to perform vis-à-vis the contractual partner if the ticket holder is not identical to the contractual partner entitled to attend the event.
2.3 A further prerequisite for attending the event is that the visitor shows the Digital Ticket bearing his/her first and last name or scans it into the reader upon entry to the event.
2.4 The Organizer shall provide the visitor with a Digital Ticket in the "EventimPASS" or “Ticketmaster” app for each Digital Ticket booked and (fully) paid for. A Digital Ticket entitles only one person at a time to admission to the booked event. If a purchaser acquires several Digital Tickets, these will only be displayed on his mobile device.
2.5 A third party whose name is not listed on the Digital Ticket shall only be granted access to the event if he or she enters the event at the same time as the person whose name is listed on the Digital Tickets. Upon entry to the event, the mobile end device of the purchaser shall be passed on to any other visitor in his presence for scanning the respective authorization code into the reader. By presenting the Digital Ticket at the entrance to the event (in particular by scanning the authorization code into the reader), the visitor declares that he/she is authorized to attend the event.
3. Passing on of Digital Tickets, official secondary market platform and contractual penalty
3.1 The sale of Digital Tickets is exclusively for private, non-commercial use by the visitor; any commercial resale of the Digital Tickets by the visitor is prohibited. A private transfer of a Digital Ticket for non-commercial reasons, in particular in individual cases of illness or other prevention of the ticket purchaser, is permissible under the conditions specified in the following section 3.3 and if there is no case of inadmissible transfer in the sense of the regulation in the following section 3.3.
3.2 The Customer may solely transfer the rights and obligations arising from the Digital Ticket (i.e. the Visitor Contract, and thus also the right to visit) to a third party only if (i) the third party enters into the Visitor Contract in its place, assuming all rights and obligations and (ii) upon obtaining the prior consent of the Organizer, which is hereby granted in advance under the conditions contained in section 3.3. The transfer of Digital Tickets and individual rights from the visitors' contract, in particular the right to visit, is excluded in the absence of one of the conditions described in (i) and (ii). If a contractual partner of the Organizer has permissibly acquired several visiting rights within the framework of a visiting contract and permissibly assigns these visiting rights to several third parties, separate visiting contracts shall be concluded with the entering persons.
3.3 The purchaser may in no event (re)sell Digital Tickets against a price exceeding the initial total purchase price of the Digital Tickets. In order to prevent the resale of Digital Tickets at excessive prices, i.e. in the interest of maintaining an appropriate price structure, to prevent criminal offences in connection with the visit to the event and to enforce house bans, (i) the consent of the Organizer as provided under section 3. 2 and this section is required and (ii) Digital Tickets may solely be resold by using the ticket exchange platforms operated by our distribution partner (i) CTS EVENTIM AG & Co. KGaA ("CTS") and (ii) TICKETMASTER (the “Authorized Ticket Exchange Platforms”).
In the following cases, the consent of the Organizer to the resale of Digital Tickets (and thus the entry of a third party into the Visitor Contract) is expressly not granted:
the sale of Tickets outside the Authorized Ticket Exchange Platforms;
the sale of Digital Tickets within the framework of auctions not authorized by the Organizer (in particular on the Internet) or via Internet marketplaces/ticket exchanges not authorized by the Organizer itself or through third parties authorized by the Organizer;
a commercial sale of Digital Tickets without the express prior written consent of the Organizer;
the sale (including transfer free of charge) of Digital Tickets for the purpose of advertising, marketing, as a bonus, promotional gift, prize or part of an unauthorized hospitality or travel package;
the sale (including the transfer free of charge) of visiting rights or Digital Tickets without express reference to these General Terms and Conditions, in particular to the restrictions on transfer set out in this section 3.
3.4 Passing on or reselling visiting rights or Digital Tickets in violation of the cases mentioned in section 3.3 is prohibited. The same shall apply to the offering of visiting rights or Digital Tickets if the resale or transfer corresponding to the offer would violate the cases specified in section 3.3. For each violation of one of these prohibitions, the purchaser shall be obliged to pay a contractual penalty, the amount of which is to be determined by the Organizer based on (i) the number of Digital Tickets offered or passed on in breach of these General Terms and Conditions, (ii) the amount of the resale prices and (iii) in general, the (direct or indirect) damages or losses suffered by the Organizer. Any other contractual penalties shall be taken into account when determining the contractual penalty. Claims for damages by Scorpio shall remain unaffected, whereby the contractual penalties shall be offset against claims for damages based on the same facts.
3.5 In the event of a breach of the prohibition pursuant to section 3.4, the Organizer shall be entitled to withdraw from the purchaser his/her visitor contract and to block the Digital Tickets or the authorization code and to refuse the ticket holder attendance at the event. The Organizer shall also have the right to withdraw from the purchaser any other visitor contracts.
3.6 In the event of resale or transfer of Digital Tickets by the purchaser, the purchaser shall be obliged, at the request of the Organiser, to inform the Organiser within two weeks of the full name and address of the recipient of the visiting rights or Ticket(s).
3.7 Notwithstanding its rights under sections 3.4 and 3.5, in the event the purchaser breaches any of the prohibitions set out in section 3.3, the Organizer shall also be entitled to demand that the purchaser pays out the additional proceeds or profit generated.
3.8 In the event the purchaser violates any of the prohibitions pursuant to section 3.3, the Organizer reserves the right, without prejudice to its contractual freedom, to exclude the purchaser from purchasing tickets in the future at its reasonable discretion and, if necessary, to initiate further legal measures.
3.9 In the event a purchaser wishes to resell or transfer his/her Digital Tickets, in accordance with section 3.3 to any third party, the purchaser must communicate the General Terms and Conditions to that party. The purchaser shall indemnify the Organizer against any (direct and indirect) damages incurred by the Organizer due to the fact that the third party purchasing the Digital Tickets did not gain knowledge of the General Terms and Conditions.
4. Resale of Digital Tickets via the Authorized Ticket Exchange Platforms
4.1 As of SEPTEMBER 25, 2021, purchasers of Digital Tickets shall have the possibility to return or resell Digital Tickets on the Authorized Ticket Exchange Platforms, under the conditions listed below. The purchaser may not resell or transfer Digital Tickets by using any other means than the Authorized Ticket Exchange Platforms (e.g. via other ticket exchange platforms or sites, or by sending the Digital Tickets electronically to another person).
4.2 By using the “resell” option on the Authorized Ticket Exchange Platforms, the purchaser allows the Organizer to (re)offer the released Digital Ticket(s) for sale again via the Authorized Ticket Exchange Platforms in its name and on its account.
4.3 The Authorized Ticket Exchange Platforms shall offer the released Digital Ticket for sale in the name and for the account of the Organizer until 24 hours before the start of a concert in each case.
4.4 The customer determines the price at which his/her Digital Ticket is to be sold. However, the resell-price of the Digital Ticket(s) may, pursuant to the Belgian Law of 30 July 2013 on the sale of tickets to events, never exceed the total purchase price of the original Digital Ticket(s) concerned (including all fees).
4.5 As long as the Digital Ticket has not been sold, the purchaser may withdraw his/her offer to resell the Digital Ticket(s) at any time via the Authorized Ticket Exchange Platforms.
4.6 At the request of the purchaser, the respective Digital Ticket(s) becoming available can be reserved for one or more third persons for a period of max. 48 hours. In this case, the released Digital Ticket(s) will be offered for sale exclusively to this/these third person(s) within the aforementioned reservation period. For this purpose, the Authorized Ticket Exchange Platforms will provide the purchaser with a link that the purchaser can forward to one or more third persons. The third person who first purchases the released Digital Ticket(s) via this link within the aforementioned reservation period will receive the Digital Ticket(s). If the Digital Ticket is not purchased within the aforementioned reservation period, it will be posted for sale on the Authorized Ticket Exchange Platforms.
4.7 If the Digital Ticket that becomes available is sold, the (initial) purchaser shall be informed of this immediately. The Digital Tickets will be blocked so that they no longer entitle the (initial) purchaser to admission. A new Digital Ticket will be generated for the new purchaser. The buyer of a Digital Ticket sold via the Authorized Ticket Exchange Platforms will pay a fee per Digital Ticket. The option to use the “resell”-option exists up to 24 hours before the start of the respective event.
4.8 If the released Digital Ticket is not sold, the purchaser's Digital Ticket will not be blocked and will continue to entitle the purchaser to enter the event. However, the purchaser shall in no event be entitled to any reimbursement for Digital Tickets that could not be (re)sold through the Authorized Ticket Exchange Platforms or otherwise.
5. Acquisition under another's name or by agents
5.1 The acquisition of visiting rights or Digital Tickets under another person's name, including (but not limited) by operators of ticket platforms on the Internet, is prohibited.
5.2 For each violation of the prohibition mentioned in section 5.1, the purchaser shall be obliged to pay a contractual penalty, the amount of which is to be determined by the Organizer based on (i) the number of Tickets purchased in breach of section 5.1, (ii) the amount of the Digital Tickect concerned and (iii) in general, the (direct or indirect) damages or losses suffered by the Organizer Any other contractual penalties shall be taken into account when determining the contractual penalty. Claims for damages by the Organizer shall remain unaffected, whereby the contractual penalties shall be offset against claims for damages based on the same facts.
5.3 Without prejudice to the right under section 5.2, in the event the purchaser breaches the prohibition referred to in clause 5.1, the Organizer shall also be entitled to withdraw from the purchaser his/her visitor contract and/or to block the Digital Tickets and to refuse the ticket holder attendance to the event. The organizer shall also be entitled to withdraw any other visitor contracts that the purchaser has concluded with the Organizer.
5.4 The Organizer reserves the right to block the access for, or the Digital Tickets of any purchaser of whom the Organizer knows or reasonable suspects that he/she cooperates with another ticket broker or black-market dealer or that he/she uses automatic programs for ticket ordering.
6. Special regulations during the SARS-CoV-2 pandemic
6.1 The following special provisions apply to attendance, access and stay at events that must take place under special conditions or requirements imposed by an authority due to the SARS-CoV-2 pandemic ("Corona pandemic").
6.2 The visitor acknowledges that during the Corona pandemic, events may not be able to take place in the usual form due to official requirements. This means, in particular, that for these reasons it is possible that the visitor will not be able to attend events for which he/she originally acquired the right to attend, or will not be able to attend them as intended.
6.3 The Organizer is entitled, e.g. in order to comply with distance areas or protection and hygiene requirements, to subsequently convert standing room into seating or to assign the ticket holder seats of the same category that differ from the seats ordered; in this case, the ticket holder shall have no claim to compensation vis-à-vis the Organizer, and the Organizer shall assume no liability, whatsoever.
6.4 In connection with the purchase of Digital Tickets for events during the Corona pandemic, it may occur, e.g. in the event of a by the Belgian government imposed reduction of the originally permitted number of visitors in the event of an increase in the number of infections in connection with the Corona pandemic, that the visitor is actually unable to attend an event for which he has purchased a right of attendance or received a Digital Ticket. As the case may be, the purchaser acknowledges that the Organizer is entitled to cancel originally allocated Digital Tickets or purchased visiting rights in individual cases. In this case, too, the selection of the Digital Tickets concerned will be made by means of a transparent, non-discriminatory procedure in accordance with predefined specifications. In this case, the visitor will receive a refund of the Digital Ticket price that he/she had fully paid; service, transaction and shipping fees will not be refunded.
6.5 Admission to the event may further be denied, without any compensation being due by the Organizer, if the ticket holder:
violates any applicable hygiene and behavioral guidelines, in particular, is unable to present a valid “CovidSafe”-certificate (i.e. proof of vaccination against the SARS-CoV-2 coronavirus, proof of recovery and/or proof of an approved SARS-CoV-2-test that is not older than 24 hours at the time of entry of the event);
is infected with SARS-CoV-2 ("Coronavirus"), has knowingly been in contact with a person who has tested positive for the Coronavirus or has typical symptoms of an infection with the Coronavirus (typical symptoms are, for example: Respiratory symptoms of any severity, fever, impairment of sense of smell and taste);
has stayed in a risk area, high-risk area or virus variant area within the last 14 days before the start of the event, prohibiting the purchaser to attend the event pursuant to any applicable SARS-CoV-2-measures (e.g. quarantine, mandatory testing, etc.).
6.6 In the event the Organizer is obliged or urged (e.g. in the event of protective and hygiene measures imposed by the Belgian authorities), to meet certain requirements or to acquire certain information or proof from the purchaser prior to the purchase of a Digital Ticket and/or to admission to the event (e.g. proof of vaccination, convalescence or negative test results, obligation to wear a mask, declarations on health status, stay in risk areas), the Organizer shall be entitled, within the limits permitted by data protection law, to obtain such proof and/or declarations from each visitor and to check compliance with the specified requirements. The purchaser acknowledges and agrees that in the event he/she does not comply with the applicable requirements or fails to deliver the requested proof or declarations, the purchaser shall be denied access to the event or denied access to purchase the Digital Tickets.
6.7 In order to trace infection chains as part of measures to combat the Corona pandemic the Organizer may be obliged or urged to record the visitor's contact details and, if necessary, pass them on to the authorities at their request. The Purchaser acknowledges this and acknowledges that it cannot hold the Organizer liable for such actions whatsoever. In particular, in the event of a verifiable infection of a person with the coronavirus during the event, the Organizer may be obliged to pass on this data and the time of the visit to the competent health authority so that the latter can contact the visitor in order to trace and interrupt chains of infection as quickly as possible. The health authority then contacts the visitor and, if necessary, requests the contact data of the other ticket users who were in the stadium together with the visitor. When ordering a Digital Ticket or accepting the corresponding Digital Ticket via the digital ticket counter, each purchaser therefore undertakes to provide the required data (name, address, contact details) of each visitor who will be entering the event together with the purchaser.
6.8 For the purpose described in section 6.7, the Organizer processes the first name and last name of the purchaser, his contact details for secure accessibility (telephone or e-mail), event, seat and number of Digital Tickets purchased. The Organizer processes this data on the basis of a legal obligation (Art. 6, 1, c) of Regulation (EU) 2016/679)). This also includes any necessary transmission to authorities. The Organizer shall process the personal data only for as long as this is necessary and permitted on the basis of the respective legal norms, after which the Organizer will delete the data.
7. Restrictions
7.1 Digital Tickets may be sold subject to certain entry or usage restrictions such as, but not limited to, venues with a minimum entry age, non-adjacent seats, restricted height, etc. It is the purchaser's responsibility to ensure to have read all of the information provided on the Organizer’s Website regarding these restrictions at the time of purchasing the Digital Tickets.
7.2 The quantity of Digital Tickets available for sale varies depending on the event. Digital Tickets are solely available through online bookings. Digital Tickets for popular events may sell out very quickly. The Organizer makes no warrantees whatsoever regarding the availability of any Digital Tickets. Occasionally additional Mobile Tickets may be released before the event. However, the Organizer shall in no event be bound to do so.
7.3 The purchasing of Digital Tickets is exclusively reserved to persons aged 18 or over who hold a valid credit/debit card, or any means of payment issued in their name accepted by the authorized ticket sellers.
7.4 The purchaser must keep all of his/her login details for the Organizer’s ticket application and Website (such as their user name and password) strictly confidential, and must immediately inform the Organizer if they notice or suspect the unauthorised use of their user accounts. The purchaser shall be held responsible for any unauthorised use of the ticket application or Website of the Organizer. The purchaser shall be bound to, and liable for, any declarations of intention to purchase Mobile Tickets that are sent using his/her login details or password.
7.5 The purchaser may not use web crawler software or attempt, by any other means (automatic or manual), to control or copy the Organizer’s ticket application, Website or their contents. The purchaser may not negatively affect the functioning of the Organizer’s ticket application or Website in any way whatsoever, in particular by deliberately overloading the Organizer system infrastructure. The Organizer will take reasonable measures under civil and criminal law against any illegal and/or unauthorised use of its ticket application or Website, in particular in the event of any unauthorised purchase or sale of Mobile Tickets, the unauthorised copying of the Mobile Tickets, ticket application or Website or the unauthorised application of any web crawler or other software.
7.6 The following items may not be brought into any event venue: professional recording equipment, alcoholic drinks, glass, cans, drugs, fireworks, animals, weapons and sharp objects, which will be confiscated by security. The Organiser reserves the right to ban any other item from being brought into the event venue.
8. Payment
8.1 The purchaser shall pay the total purchase price of the ordered Digital Tickets, as well any admin, delivery and transaction as indicated at the time of ordering. Accordingly, the total price for the Digital Tickets may exceed the price indicated on the Digital Tickets itself. The ticket price and delivery fees, transaction fees and/or travel contribution include VAT.
8.2 The purchaser who places the order of Digital Tickets shall be solely responsible for the full payment of the Digital Tickets, even when the order is placed on behalf of one or several third parties.
8.3 All orders are placed subject to verification of the payment card and other security checks of the Purchaser. The purchaser acknowledges that, in the event such payment details cannot be verified, the order of Digital Tickets will be cancelled.
8.4 The Organizer reserves the right to cancel Digital Ticket purchases that it reasonably suspects of having been made fraudulently.
9. Ticket delivery
9.1 All Digital Tickets (correctly) purchased and paid for by the purchaser will be uploaded in the Organizer’s ticket application as E-tickets (digital tickets). Each barcode/QR-code represents one single Digital Ticket, with which the ticket holder may enter the event.
9.2 The Digital Ticket will be scanned at the entrance of the event by showing the Ticket in the Organizer’s ticket application. The Digital Ticket may only be scanned once on the date indicated on the Mobile Ticket. If the same barcode/QR-code is presented several times, only the first Digital Ticket that is scanned at the entrance gate will be granted access to the event. The perpetrators of any attempted theft, forgery or fraud will be prosecuted.
9.3 Only Digital Tickets that are correctly displayed and scanned within the Organizer’s ticket application shall be granted access to the event. NO PRINTED TICKETS SHALL BE ACCEPTED. THE PURCHASER SHALL NOT PRINT THE DIGITAL TICKETS, NOR MAKE ANY PRINT SCREENS OF THE DIGITAL TICKETS. Such shall not be considered as valid entry tickets.
10. No rights of withdrawal
10.1 Without prejudice to sections 2 and 3, the purchaser shall have no right of withdrawal. In accordance with Article VI.53, 12 of the Belgian Code of Economic Law, the purchaser may not exercise his right of withdrawal (in accordance with Article VI.47) for the provision of services related to leisure activities if the contract indicates a specific execution date or period.
11. Liability
11. 1 The Organizer shall solely be liable for fraud, intentional misconduct, gross negligence or gross error. In no event shall the Organizer be liable for any indirect or consequential damages, including, but not limited to, loss of profit, reputation loss, loss of data, loss of sales, lost revenue, production restrictions, of clientele or third-party claims.
11.2 The total aggregate liability of the Organizer arising out of, or in relation to, the purchase of Digital Tickets shall in no event exceed the total amount of the purchase price paid by the purchaser for the relevant Digital Ticket(s).
11.3 The Organizer shall not be liable for any damages or losses caused by third parties involved in the event.
12. Data protection
12.1 The Organizer’s data protection policy applies to the collection and use of personal data. You can find Organizer's data protection policy here https://fkpscorpio.be/privacy-policy.
12.2 The purchaser shall ensure that any information uploaded in the Organizer’s ticket application is accurate and up to date. The Organizer reserves the right to refuse or cancel the order should it suspect any fraud in this regard.
13. Image rights
13.1 By purchasing Digital Tickets for an event, the purchaser grants the Organizer (or the entities indicated by it) the right to film and record the purchaser and other visitors for whom the purchaser purchased the Digital Tickets, as part of the public.
14. Applicable law and competent courts
14.1 The General Terms and Conditions and visitor contract concluded between the Organizer and the purchaser shall be governed exclusively by Belgian law.
14.2 Any disputes relating to the General Terms and Conditions and visitor contract shall be subject to the exclusive jurisdiction of the courts located in Antwerp.
Brussels 16 September 2021
FKP Scorpio Belgium BV