OGH: COVID-19: Voucher redemption for festivals lasting several days

Jan 14, 2022 Benn-Ibler Rechtsanwälte

Tickets for cancelled events can also be refunded through vouchers. The Supreme Court (Oberster Gerichtshof, OGH) took a closer look at how this applies to festivals lasting several days.

In the original case, a visitor had purchased a 3-day pass for EUR 170 for the Frequency Festival, which was scheduled for August 20-22, 2020. However, due to COVID-19, the festival had to be cancelled. The organiser refunded her the purchase price in full as a voucher. The Chamber of Labour (Arbeiterkammer) then sued the organiser, claiming that he was only allowed to issue a voucher for EUR 70, and that the remaining EUR 100 had to be reimbursed in cash.

The Federal Act on the Protection of the Arts, Culture and Sports (Bundesgesetz zur Sicherung des Kunst-, Kultur- und Sportlebens, KuKuSpoSiG) allows organisers, after an event has been cancelled due to COVID-19, to hand over a voucher for the refunded amount instead of refunding the ticket price (Section 1 para 1 KuKuSpoSiG). However, the voucher cannot exceed the amount of EUR 70. The amount above this amount has to be refunded in cash.

It was disputed whether, in the case of a festival lasting several days, each day is to be regarded as a separate event and thus a voucher for EUR 70 is permissible for each day.

The OGH agreed with the opinion of the festival operator:

It is to be assessed according to public perception whether in the individual case a single cultural event or several cultural events that are at least closely related in terms of time has (or have) been booked. In particular, it depends on whether the organiser sells one-day or multi-day tickets. If - as in the case of the Frequency Festival - both one-day tickets and three-day tickets are sold, it depends on the organiser's point of view. If the organiser also offers one-day tickets on his own initiative, it must be assumed that there are several separate events for each of which a voucher for EUR 70 may be issued.

OGH 1 Ob 131/21b (12.10.2021)