Austrian OGH on Ticket Broker GT&Cs

Apr 25, 2025 Benn-Ibler Rechtsanwälte

In the case at hand, the defendant operates a ticket service throughout Austria. The plaintiff, a qualified association, objected to several clauses in the defendant’s general terms and conditions of business.

Clauses 4 and 5 state that if the event is cancelled, the service and shipping costs incurred by the defendant cannot be refunded – because of the nature of the service provided:

‘The [defendant] is a ticket procurer for events in Austria exclusively and only an agent for the sale of tickets for events abroad, and is not liable for refunds in the event of cancellation or postponement of an event, but will endeavour to arrange refunds with the organiser. The service charge, delivery charge, and worry-free surcharge are not refundable by [the defendant] due to the nature of the services provided'.

The execution of the legal transaction, i.e., the legally effective transfer of tickets, must be distinguished from the question of whether the event, i.e., the performance, actually takes place.

The defendant has fulfilled their contractual obligation with the successful transfer of the ticket, which, as a document transferring ownership to the person in physical possession of the document, gives the purchaser a securitised claim against the organiser, for which the organiser has received from the purchaser not only the ticket costs but also the service charge and postage. In principle, the cancellation of an event only affects the legal relationship between the promoter as the issuer of the ticket and the ticket buyer as the legitimate holder of the ticket.

As the provision is found under the heading 'XV. Event Cancellation, Changes, Refunds', its position in the overall structure of the general terms and conditions is not ‘surprising’ to the contracting party.

Contrary to the claim of the plaintiff, these clauses are neither intransparent nor grossly unfair.

OGH 10 Ob 26/24g (11 February 2025)