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BDKV secures judgment against reseller Ticketbande

Newly formed German promoters’ association BDKV has won a legal victory against Ticketbande, a leading secondary ticketing site, securing a judgment that prevents its listing tickets where resale is prohibited by the promoter.

The BDKV (Federal Association of the Concert and Event Industry), formed in November by the merger of BDV and VDKD, launched its Nein zum Ticketschwarzmarkt (No to the Ticket Black Market) campaign in August, pushing for a price cap of 25% above face value for secondary market tickets.

In a ruling on 21 January, the regional court of Hanover agreed with the association’s assertion that any further mark-up is anti-competitive, and forbade Ticketbande from reselling tickets where the T&Cs prohibit it, and where there is a “blank line for the name of the ticket purchaser to be filled in” (ie a named ticket).

“The verdict finally eliminates a crucial grey area in ticket sales,” says Johannes Ulbricht (pictured), BDKV’s lawyer. “It brings event organisers a great step further in the fight against the commercial secondary market ticketing trade.”

“The verdict finally eliminates a crucial grey area in ticket sales”

The court additionally rejected Ticketbande’s protests that the partial resale ban would be ineffective at stopping unauthorised ticket touting, according to BDKV.

“It is also crucial that the secondary market ticket platform is fully liable in the event of a breach of the resale prohibition, and cannot claim a fault on the seller’s part,” adds Dr Ulbricht.

The judgment follows similar legal victories for Rammstein and promoter MCT-Agentur, and Ed Sheeran and FKP Scorpio, which prohibit Viagogo from reselling tickets for their upcoming German dates.

According to the International Ticketing Yearbook 2018, Ticketbande is one of four main ticket resellers in Germany, along with StubHub, Viagogo and Eventim’s price-capped fanSALE platform.

 


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BDV welcomes Seatwave shutdown – but says ‘nein’ to Viagogo

Members of BDV, the German concert promoters’ association, are putting on a united front against ticket touting with a new campaign that aims to educate the public about the risks of buying from the secondary market.

The initiative will see BDV’s members – which comprise all major German promoters, including Live Nation, DEAG, FKP Scorpio, Wizard Promotions and Peter Rieger Concert Agency – as well as anyone else who supports the campaign, display the Nein zum Ticketschwarzmarkt (No to the Ticket Black Market) logo on their tickets, posters and websites to raise awareness of the issue.

Following on from its general meeting in November, the association is also demanding a price cap of 25% above face value on all tickets resold in Germany.

BDV’s legal advisor, Johannes Ulbricht, decries a situation in which tickets are being listed on platforms such as StubHub, Viagogo and local resale site Ticketbande for up to 250% of the original price paid. “We have been fighting for years against this growing cancer on the events industry,” he says. “And, as the resellers mostly remain anonymous or have their headquarters abroad, it’s difficult to have them shut down.”

“As other ecommerce platforms are still being exploited for illegal activities, and are generating significant revenues, there is a need for legislative action

BDV president Jens Michow, while welcoming the recent announcement by Ticketmaster it is shutting down Seatwave and Get Me In!, says Germans are still being ripped off by secondary ticketing sites. “Ticketmaster’s decision is far-sighted,” he comments. “It is a decision that benefits audiences and artists, and is one that will increase quality and sustainability in the events industry.

“Unfortunately, as other ecommerce platforms are still being exploited for illegal activities, and are generating significant revenues, there is a need for legislative action.”

He adds that, “in the case of Viagogo, we are currently preparing a claim for damages.”

 


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