Ticket resellers in Austria must now disclose the identity of ticket sellers, including their name and address, as well as cover consumers who are denied entry
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A total of 42 clauses in Viagogo's terms and conditions are unlawful and must be struck out, the Supreme Court of Justice (OGH) has ruled
By IQ on 19 Feb 2021
In a probe into Viagogo’s terms and conditions, the supreme court of Austria has found more than 40 clauses of the secondary ticket site’s general terms for buyers and sellers are illegal.
Finding in favour of VKI, the Austrian Consumers’ Association, the Supreme Court of Justice (Oberster Gerichtshof, OGH) ruled that 42 clauses of the site’s general T&Cs, including provisions on refunds, replacement tickets and the supremacy of Swiss law, are unlawful in Austria.
Notable clauses deemed illegal in the OGH ruling include:
“We hope the OGH’s decision encourages other jurisdictions to ensure that their consumers are equally protected”
According to anti-touting group FEAT (Face-value European Alliance for Ticketing), Viagogo will legally be required have to amend all 42 clauses, both for viagogo.at and for Austrian consumers accessing the site via viagogo.com.
“For a platform that claims to serve fans, the level of protection that Viagogo offers its users, as brought to light in this ruling, is shocking,” comments FEAT campaign lead Katie O’Leary. “We welcome the OGH’s decision and hope that it encourages other jurisdictions to ensure that their consumers are equally protected.”
In May, the OGH ruled that Viagogo and other secondary ticketing sites must disclose the identity of ticket sellers, including name and address, and whether tickets are personalised ahead of ticket purchase.
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