Reselling Tickets In Austria: Is It Legal?

Ticket reselling in Austria has been a topic of discussion in recent years, with the country's Supreme Court ruling against secondary sites like Viagogo and ordering them to disclose the identity of ticket sellers, including their name and address. This ruling also protects customers from losses due to misleading information, such as when tickets are personalised and buyers are denied access to events. While this verdict is a step towards a fairer secondary market, it's important to note that the specifics of ticket resale policies can vary depending on the event and platform, so it's always a good idea to review the terms and conditions before purchasing or reselling tickets.

Reselling tickets for profit is banned in Austria

In Austria, only the promoter or ticket platforms authorised by the promoter are permitted to sell or resell event tickets. Ticket outlets must be authorised by the event organiser to sell tickets to their event, and the advertised price must match the price shown on the ticket.

Additionally, the resale of tickets above face value is illegal. If a clause in the ticket's terms and conditions prohibits resale above a certain percentage of its face value (for example, 25%), resellers must not offer the ticket above this price. To be valid, tickets must be personalised, containing a box for the buyer's name. By accepting these terms and conditions, buyers confirm their understanding that any resale above the stipulated surcharge is invalid.

Austria has taken steps to ensure a fairer secondary market for tickets. In 2020, the country's Supreme Court of Justice (Oberster Gerichtshof, OGH) ordered ticket resale sites, including Viagogo, to disclose the identity of ticket sellers, including their name and address, as well as whether the tickets are personalised, before a purchase is made. This ruling protects customers from losses due to misleading or absent essential information, such as when personalised tickets are sold anonymously, resulting in buyers being denied access to events.

Reselling tickets above face value is illegal

In Austria, reselling tickets above face value is illegal. The country's Supreme Court of Justice (OGH) has ruled that reselling platforms must disclose the identity of the original ticket seller, including their name and address, as well as whether the tickets are personalised, before the purchase is made. This ruling was made to ensure a fairer secondary market and to hold platforms accountable for misleading information or the absence of essential information.

This means that if you're looking to resell tickets, you must abide by the original face value of the ticket. Reselling tickets for higher than the original price is considered unauthorised resale and is a criminal offence. The penalty for unauthorised resale can result in a substantial fine of €15,000, which increases to €30,000 if the offence is repeated.

To ensure compliance with the law, it is essential to understand the specific regulations in Austria regarding ticket resale. While there may be variations in regulations across different countries, it is always important to prioritise transparency and fairness in the ticket resale process.

Additionally, it is worth noting that certain clauses in the ticket's terms and conditions can further restrict resale practices. For example, if the terms and conditions prohibit resale above 25% of the ticket's face value, resellers must not offer the ticket at a higher price. To enforce this clause, tickets must be personalised, bearing the buyer's name. By accepting these terms, buyers acknowledge that any resale above the stipulated surcharge is invalid.

Ticket platforms must be authorised by the promoter to sell tickets

In Austria, ticket platforms must be authorised by the promoter to sell tickets. The promoter, or platforms authorised by the promoter, are the only parties allowed to sell or resell event tickets. If a ticket platform resells a ticket without the promoter's authorisation, they are committing a criminal offence and can be fined €15,000, rising to €30,000 for repeat offences.

This law is in place to protect consumers from inflated prices and misleading information. In 2020, Austria's Supreme Court of Justice (OGH) ruled that ticket resale sites must disclose the identity of ticket sellers, including their name and address, as well as whether tickets are personalised, before a purchase is made. This ruling was brought about by a lawsuit filed by the trade body for sports and leisure companies of the Upper Austrian Chamber of Commerce, through competition protection group WSV, against the ticket resale site Viagogo. The lawsuit was based on the "significantly inflated" prices for tickets sold on Viagogo for events promoted by events agency Stage.

The ruling means that customers in Austria are protected from losses caused by misleading information or the absence of essential information by sellers, such as travel costs when access to the show is denied. It also places responsibility on the platforms themselves to ensure sellers' compliance with the registration and disclosure of their identities. If they fail to do so, the platform can be held accountable.

It is important to note that there are no laws in Austria specifically relating to secondary ticketing. However, it is illegal to resell tickets above face value for commercial purposes. Tickets can only be sold through platforms that are SIAE/Agenzia delle Entrate certified. Additionally, ticket resellers must follow certain rules to ensure consumers are sufficiently informed. They must be transparent about the details of the original ticket, including any restrictions on its use, and disclose if the seller has any connection with the site on which they are selling or the organiser of the event.

Resellers must be transparent about the original ticket details

Austria has laws in place to ensure that the ticket resale market is fair and transparent for consumers. One such law mandates that ticket resellers disclose the identity of the original ticket sellers, including their names and addresses. This ruling was made by the Supreme Court of Austria in 2020, which ordered the popular ticket resale website Viagogo to provide detailed information about the ticket sellers and the type of ticket being sold before allowing any purchases to be made.

This ruling was a result of a lawsuit filed by the trade body for sports and leisure companies, who challenged the "significantly inflated" prices for tickets sold on Viagogo for cabaret events. The verdict was celebrated as a step towards creating an ethical market for secondary ticketing in Austria, with consumer protection at its heart.

In addition to disclosing the identity of ticket sellers, resellers must also provide information about the type of ticket being sold. This includes disclosing whether the tickets are personalised, as this can impact the buyer's ability to gain entry to the event. Personalised tickets are defined as those with a box on the ticket for the buyer's name. By providing this information, resellers can ensure that consumers are aware of any restrictions on the use of the ticket and can make an informed purchase.

Furthermore, the ruling also protects customers from financial losses caused by misleading or absent information provided by sellers. For example, if a buyer is denied entry to an event and incurs travel costs as a result, the resale platform can be held accountable if they failed to ensure the seller's compliance with registration and disclosure requirements.

Overall, these laws aim to create a fair and transparent ticket resale market in Austria, where consumers can make informed purchases and are protected from financial losses due to misleading information.

Reselling tickets purchased using bots is illegal

In Austria, there are no laws that specifically relate to the secondary ticketing market. However, the resale of tickets purchased using bot technology is illegal and can result in a fine of $16,000.

Ticket bots, also known as scalper bots, are software programs that automate the ticket-buying process, giving their users an unfair advantage over human customers. These bots can create fake accounts, take over legitimate accounts, and use their speed and volume to scoop up large numbers of tickets as soon as they become available. This enables ticket resellers, or "touts", to secure as many tickets as possible, which they can then sell on at inflated prices.

The use of ticket bots has become a significant issue for the events industry, with bots making up almost 40% of all website traffic on ticketing websites. This means that genuine fans often miss out on the opportunity to buy tickets at face value, as they are snapped up by bots and resold on the secondary market at a huge mark-up.

To combat this issue, legislation has been introduced in several countries to ban or restrict the use of ticket bots. In the United States, the Better Online Ticket Sales (BOTS) Act of 2016 made it illegal to use bots to circumvent security measures and purchasing rules set by ticket issuers. The European Union also banned the use of ticket bots in 2022, and individual member states have passed additional laws to regulate the ticket resale market.

While the use of bots to purchase tickets may be legal in some countries, it is important to note that using bots to breach the terms and conditions of a ticket sale could potentially be considered a criminal offence under the Computer Misuse Act 1990. This means that if a ticket sale specifically prohibits the use of bots, users could be liable for prosecution if they choose to use them.

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