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The VKI had sued CTS Eventim Austria GmbH, which operates the Ö-Ticket ticket service, on behalf of the Ministry of Social Affairs. For certain concerts, Ö-Ticket prescribes the personalization of tickets with the name of the buyer, even if the buyer purchases several tickets at the same time. At such events, visitors can only enter together with the buyer printed on the ticket. If this is avoided at short notice due to illness, a € 10 name change per ticket will be charged.
According to the court, consumers are at a disadvantage
According to the VKI, the Vienna Commercial Court found both the buyer’s personalization specification and the “re-personalization” fees inadmissible. The court did not accept Ö-Ticket’s attempt to justify buyer personalization as a means of containing the terrorist threat or as a contact tracing measure that became necessary in the course of the pandemic, as visitor registration individual is not exactly the case with buyer personalization. is given. Also, a clause stipulates that resold tickets are not valid. This prohibition applies not only to business transactions, but also to private resale transactions. HG Vienna sees this as a “major disadvantage for consumers”.
VKI supports measures against the black market
“The VKI clearly recognizes the problem of the secondary ticket market, where event tickets are bought by professional resellers for the sole purpose of reselling them at highly inflated prices,” explains Joachim Kogelmann, VKI’s responsible attorney. However, in this regard, the court clearly noted that measures to combat the black market are also in the interest of ticket companies. Therefore, these measures must be designed by the company in such a way that consumers are not unduly and inadmissible restricted in their rights and freedom of disposal.
(Those: APA)
