CANCELLATION OF EVENTS: NO OBLIGATION TO REFUND SERVICE FEES
In view of the recent cancellation of the concerts of US singer Taylor Swift, numerous visitors are currently confronted with the question of whether and what costs they will receive back. A related question regarding the reimbursement of service fees charged by the ticket company was recently answered by the Supreme Court in its decision of 26.06.2024 on 8 Ob 64/24f:
UNDERLYING FACTS
The plaintiff purchased six tickets for two concerts in Austria on the internet from the defendant, a well-known, Austria-wide ticket company. The ticket company charged a service fee of € 2.00 per concert ticket for processing the ticket purchase. The concerts were canceled by the organizer. The plaintiff was refunded the ticket prices, but not the service fees totaling € 12 in accordance with the general terms and conditions.
ASSESSMENT BY THE SUPREME COURT
According to the Supreme Court, the purchase of an admission ticket via a ticket service company can be based on different models:
- Commission business: The ticket company concludes the purchase contract with the customer as commission agent in its own name, but for the account of the organizer.
- Mediation: The ticket company mediates the purchase contract between the customer and the organizer.
- Representation: The ticket service company concludes the purchase contract with the customer on behalf of the organizer.
Irrespective of the specific underlying construction, the Supreme Court ruled that a customer who purchases a ticket via a ticket company cannot assume that the ticket service company is liable for the performance of the event beyond the provision of the ticket. The service of the ticket company is completed with the provision of the ticket, which is why the ticket service company is not obliged to repay the service fee agreed with the customer if the event does not ultimately take place.
The clause of the underlying GTC also does not violate the transparency requirement of Section 6 (3) KSchG, as the customer is informed of the exact amount of the service fee during the ordering process immediately before placing the order. There is also no gross disadvantage within the meaning of Section 879 (3) ABGB as the service fee, which is agreed in the total price and specifically shown before the order is placed, is not an additional charge that restricts the service promise. The clauses of the GTC are therefore effective (according to the Supreme Court in its judgment of 24.04.2024 on 9 Ob 34/24a).
CONCLUSION
If service fees are incurred in the course of purchasing event tickets via a ticket service company in accordance with the General Terms and Conditions, these are not refundable by the ticket company if the event is canceled by the organizer. Visitors are "stuck" with these - albeit usually low - costs. Ultimately, however, it will depend on the terms and conditions agreed in each case, which is why visitors are well advised to read the terms and conditions agreed with the ticket service company in detail if the event is canceled by the organizer.
Celine Lola | Associate
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