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, withregistered office at Waterloostraat 35, 2600 Antwerp (Belgium) (hereinafter“Scorpio” or the “Organizer”), and to all products and services offered or madeavailable by Scorpio.
1.2. These General Terms and Conditions are designed toensure customers' full understanding of the online ticket booking process of Scorpio. Scorpio however reserves the right to change these General Terms andConditions from time to time, with said changes entering into force once theyare published on the website of Scorpio: www.fkpscorpio.be (the “Website”). Forthis purpose, we kindly request you to consult the General Terms and Conditionson the Website regularly.
1.3. Any breach of these General Terms and Conditions willlead 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 andConditions appear invalid or unenforceable, this shall not affect the legality, validity or enforceability of all other provisions of these General Terms andConditions.
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 ofScorpio shall only exist on the basis of the visitor contract (event attendance contract), which the visitor has concluded with the Organizer (in the contextof 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 theright to refuse admission to the event, in particular by blocking the DigitalTicket, 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 identica lto 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 DigitalTicket in the "SeeTickets"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 their mobile device.
2.5. By presenting the Digital Ticket at the entrance to the event (in particular by scanning the authorization code in tot he reader), the visitor declares that he/she is authorized to attend the event.
2.6 The Ticketing company’s data protection policy applies to the collection and use of personal data. You can find Paylogics data protection policy here https://www.seetickets.com/be/content/partial/privacy-policy . Within their ticketing system you can upgrade or downgrade your tickets for Live is Live. Note that when you downgrade your tickets, YOU WILL NOT BE REFUNDED THE DIFFERENCE BETWEEN BOTH TICKET TYPES. When upgrading, you will need to pay an additional cost for the new ticket.
3. Passing on of Digital Tickets, official secondary marketplatform 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 Ticketsby 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, andthus 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, whichis hereby granted in advance under the conditions contained in section 3.3. Thetransfer 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 Organizerhas permissibly acquired several visiting rights within the framework of avisiting contract and permissibly assigns these visiting rights to severa lthird parties, separate visiting contracts shall be concluded with the entering persons.
3.3. The purchaser may in no event (re)sell Digital Ticketsagainst a price exceeding the initial total purchase price of the DigitalTickets. In order to prevent the resale of Digital Tickets at excessive prices,i.e. in the interest of maintaining an appropriate price structure, to preventcriminal offences in connection with the visit to the event and to enforcehouse bans, (i) the consent of the Organizer as provided under section 3. 2 andthis section is required and (ii) Digital Tickets may solely be resold by usingthe ticket exchange platforms operated by our distribution partner (i) SEETICKETS ("CTS") or (ii) PAYLOGIC (the “Authorized TicketExchange 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 VisitorContract) is expressly not granted:
(i) the sale of Tickets outside the Authorized TicketExchange Platforms;
(ii) the sale of Digital Tickets within the framework ofauctions not authorized by the Organizer (in particular on the Internet) or viaInternet marketplaces/ticket exchanges not authorized by the Organizer itselfor through third parties authorized by the Organizer;
(iii) a commercial sale of Digital Tickets without theexpress prior written consent of the Organizer;
(iv) the sale (including transfer free of charge) of DigitalTickets for the purpose of advertising, marketing, as a bonus, promotional gift, prize or part of an unauthorized hospitality or travel package;
(v) the sale (including the transfer free of charge) ofvisiting rights or Digital Tickets without express reference to these GeneralTerms and Conditions, in particular to the restrictions on transfer set out inthis section 3.
3.4. Passing on or reselling visiting rights or DigitalTickets 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 amountof the resale prices and (iii) in general, the (direct or indirect) damages or losses suffered by the Organizer. Any other contractual penalties shall betaken 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 tosection 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 visitorcontracts.
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. Not withstandingits 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 prohibitionspursuant to section 3.3, the Organizer reserves the right, without prejudice toits contractual freedom, to exclude the purchaser from purchasing tickets inthe future at its reasonable discretion and, if necessary, to initiate furtherlegal 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 TicketExchange 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” opt ion 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 ExchangePlatforms 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 beoffered 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 forsale 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 DigitalTickets will be blocked so that they no longer entitle the (initial) purchaserto admission. A new Digital Ticket will be generated for the new purchaser. The buyer of a Digital Ticket sold via the Authorized Ticket Exchange Platformswill 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 purchase rto 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 insection 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 Digita lTicket 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, inthe 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 anyother 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 orrequirements imposed by an authority due to the SARS-CoV-2 pandemic("Corona pandemic").
6.2. The visitor acknowledges that during the Coronapandemic, events may not be able to take place in the usual form due toofficial requirements. This means, in particular, that for these reasons it ispossible that the visitor will not be able to attend events for which he/sheoriginally acquired the right to attend, or will not be able to attend them asintended.
6.3. The Organizer is entitled, e.g. in order to comply withdistance areas or protection and hygiene requirements, to subsequently convertstanding room into seating or to assign the ticket holder seats of the samecategory that differ from the seats ordered; in this case, the ticket holdershall have no claim to compensation vis-à-vis the Organizer, and the Organizershall assume no liability, whatsoever.
6.4. In connection with the purchase of Digital Tickets forevents during the Corona pandemic, it may occur, e.g. in the event of a by theBelgian government imposed reduction of the originally permitted number ofvisitors in the event of an increase in the number of infections in connectionwith the Corona pandemic, that the visitor is actually unable to attend anevent for which he has purchased a right of attendance or received a DigitalTicket. As the case may be, the purchaser acknowledges that the Organizer is entitled to cancel originallyallocated Digital Tickets or purchased visiting rights in individual cases. Inthis case, too, the selection of the Digital Tickets concerned will be made bymeans of a transparent, non-discriminatory procedure in accordance withpredefined specifications. In this case, the visitor will receive a refund ofthe Digital Ticket price that he/she had fully paid; service, transaction andshipping fees will not be refunded.
6.5. Admission to the event may further be denied, withoutany compensation being due by the Organizer, if the ticket holder:
(i) violates any applicable hygiene and behaviouralguidelines, in particular, is unable to present a valid “CovidSafe”-certificate( i.e. proof of vaccination against the SARS-CoV-2 coronavirus, proof ofrecovery and/or proof of an approved SARS-CoV-2-test that is not older than 24hours at the time of entry of the event);
(ii) is infected with SARS-CoV-2 ("Coronavirus"),has knowingly been in contact with a person who has tested positive for theCoronavirus 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);
(iii) has stayed in a risk area, high-risk area or virusvariant area within the last 14 days before the start of the event, prohibitingthe purchaser to attend the event pursuant to any applicableSARS-CoV-2-measures (e.g. quarantine, mandatory testing, etc.).
6.6. In the event the Organizer is obliged or urged (e.g. inthe event of protective and hygiene measures imposed by the Belgianauthorities), to meet certain requirements or to acquire certain information orproof from the purchaser prior to the purchase of a Digital Ticket and/or toadmission to the event (e.g. proof of vaccination, convalescence or negativetest results, obligation to wear a mask, declarations on health status, stay inrisk areas), the Organizer shall be entitled, within the limits permitted bydata protection law, to obtain such proof and/or declarations from each visitorand to check compliance with the specified requirements. The purchaseracknowledges and agrees that in the event he/she does not comply with theapplicable requirements or fails to deliver the requested proof ordeclarations, the purchaser shall be denied access to the event or deniedaccess to purchase the Digital Tickets.
6.7. In order to trace infection chains as part of measuresto combat the Corona pandemic the Organizer may be obliged or urged to recordthe visitor's contact details and, if necessary, pass them on to theauthorities at their request. The Purchaser acknowledges this and acknowledgesthat it cannot hold the Organizer liable for such actions whatsoever. Inparticular, in the event of a verifiable infection of a person with thecoronavirus during the event, the Organizer may be obliged to pass on this dataand the time of the visit to the competent health authority so that the lattercan contact the visitor in order to trace and interrupt chains of infection asquickly as possible. The health authority then contacts the visitor and, ifnecessary, requests the contact data of the other ticket users who were in thestadium together with the visitor. When ordering a Digital Ticket or acceptingthe corresponding Digital Ticket via the digital ticket counter, each purchasertherefore undertakes to provide the required data (name, address, contactdetails) of each visitor who will be entering the event together with thepurchaser.
6.8. For the purpose described in section 6.7, the Organizerprocesses the first name and last name of the purchaser, his contact detailsfor secure accessibility (telephone or e-mail), event, seat and number ofDigital Tickets purchased. The Organizer processes this data on the basis of alegal obligation (Art. 6, 1, c) of Regulation (EU) 2016/679)). This alsoincludes any necessary transmission to authorities. The Organizer shall processthe personal data only for as long as this is necessary and permitted on thebasis of the respective legal norms, after which the Organizer will delete thedata.
7. Restrictions
7.1. Digital Tickets may be sold subject to certain entry orusage restrictions such as, but not limited to, venues with a minimum entryage, non-adjacent seats, restricted height, etc. It is the purchaser'sresponsibility to ensure to have read all of the information provided on theOrganizer’s Website regarding these restrictions at the time of purchasing theDigital Tickets.
7.2. The quantity of Digital Tickets available for salevaries depending on the event. Digital Tickets are solely available throughonline bookings. Digital Tickets for popular events may sell out very quickly.The Organizer makes no warrantees whatsoever regarding the availability of anyDigital Tickets. Occasionally additional Mobile Tickets may be released beforethe event. However, the Organizer shall in no event be bound to do so.
7.3. The purchasing of Digital Tickets is exclusivelyreserved to persons aged 18 or over who hold a valid credit/debit card, or anymeans of payment issued in their name accepted by the authorized ticketsellers.
7.4. The purchaser must keep all of his/her login detailsfor the Organizer’s ticket application and Website (such as their user name andpassword) strictly confidential, and must immediately inform the Organizer ifthey notice or suspect the unauthorised use of their user accounts. Thepurchaser shall be held responsible for any unauthorised use of the ticketapplication or Website of the Organizer. The purchaser shall be bound to, andliable for, any declarations of intention to purchase Mobile Tickets that aresent using his/her login details or password.
7.5. The purchaser may not use web crawler software orattempt, by any other means (automatic or manual), to control or copy theOrganizer’s ticket application, Website or their contents. The purchaser maynot negatively affect the functioning of the Organizer’s ticket application orWebsite in any way whatsoever, in particular by deliberately overloading theOrganizer system infrastructure. The Organizer will take reasonable measuresunder civil and criminal law against any illegal and/or unauthorised use of itsticket application or Website, in particular in the event of any unauthorisedpurchase or sale of Mobile Tickets, the unauthorised copying of the MobileTickets, ticket application or Website or the unauthorised application of anyweb crawler or other software.
7.6. The following items may not be brought into any eventvenue: professional recording equipment, alcoholic drinks, glass, cans, drugs,fireworks, animals, weapons and sharp objects, which will be confiscated bysecurity. The Organiser reserves the right to ban any other item from beingbrought into the event venue.
8. Payment
8.1. The purchaser shall pay the total purchase price of theordered Digital Tickets, as well any admin, delivery and transaction asindicated at the time of ordering. Accordingly, the total price for the DigitalTickets may exceed the price indicated on the Digital Tickets itself. Theticket price and delivery fees, transaction fees and/or travel contributioninclude VAT.
8.2. The purchaser who places the order of Digital Ticketsshall be solely responsible for the full payment of the Digital Tickets, evenwhen the order is placed on behalf of one or several third parties.
8.3. All orders are placed subject to verification of thepayment card and other security checks of the Purchaser. The purchaseracknowledges that, in the event such payment details cannot be verified, theorder of Digital Tickets will be cancelled.
8.4. The Organizer reserves the right to cancel DigitalTicket purchases that it reasonably suspects of having been made fraudulently.
9. Ticket delivery
9.1. All Digital Tickets (correctly) purchased and paid forby the purchaser will be uploaded in the Organizer’s ticket application asE-tickets (digital tickets). Each barcode/QR-code represents one single DigitalTicket, with which the ticket holder may enter the event.
9.2. The Digital Ticket will be scanned at the entrance ofthe event by showing the Ticket in the Organizer’s ticket application. TheDigital Ticket may only be scanned once on the date indicated on the MobileTicket. If the same barcode/QR-code is presented several times, only the firstDigital Ticket that is scanned at the entrance gate will be granted access tothe event. The perpetrators of any attempted theft, forgery or fraud will beprosecuted.
9.3. Only Digital Tickets that are correctly displayed andscanned within the Organizer’s ticket application shall be granted access tothe event.
9.4 Ticketscome in various types. General Admission ‘DAYTICKETS’ for every festival day, ‘HAPPYTOGETHER’ (9+1free tickets), ‘FRONTSTAGE’, ‘SEATS’ and ‘PMR’ (tickets forpeople with reduced mobility). With a Frontstage ticket, you have access to thegeneral festival area AND to a separate area just in front of the stage.Frontstage access is guaranteed during the three final acts.
10. No rights of withdrawal
10.1. Without prejudice to sections 2 and 3, the purchasershall have no right of withdrawal. In accordance with Article VI.53, 12 of theBelgian Code of Economic Law, the purchaser may not exercise his right ofwithdrawal (in accordance with Article VI.47) for the provision of servicesrelated to leisure activities if the contract indicates a specific executiondate 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 theOrganizer be liable for any indirect or consequential damages, including, butnot 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 arisingout of, or in relation to, the purchase of Digital Tickets shall in no eventexceed the total amount of the purchase price paid by the purchaser for therelevant Digital Ticket(s).
11.3. The Organizer shall not be liable for any damages orlosses caused by third parties involved in the event.
12. Data protection
12.1. The Organizer’s data protection policy applies to thecollection and use of personal data. You can find Organizer's data protectionpolicy here https://fkpscorpio.be/privacy-policy.
12.2. The purchaser shall ensure that any informationuploaded in the Organizer’s ticket application is accurate and up to date. TheOrganizer reserves the right to refuse or cancel the order should it suspectany fraud in this regard.
13. Image rights
13.1. By purchasing Digital Tickets for an event, thepurchaser grants the Organizer (or the entities indicated by it) the right tofilm and record the purchaser and other visitors for whom the purchaserpurchased the Digital Tickets, as part of the public.
14. Applicable law and competent courts
14.1. The General Terms and Conditions and visitor contractconcluded between the Organizer and the purchaser shall be governed exclusivelyby Belgian law.
14.2. Any disputes relating to the General Terms andConditions and visitor contract shall be subject to the exclusive jurisdictionof the courts located in Antwerp.
Antwerp 19October 2023
FKP Scorpio Belgium BV
If you require a copy of our general Terms & Conditionsfor non exclusive digital ticketing shows - please send an e-mail to info@fkpscorpio.be
GENERAL PURCHASING CONDITIONS
OF FKP SCORPIO
Read our general purchasing conditions via the following link.
