Quick Answer:
It is legal to resell concert tickets in Austria, with some restrictions. There is no law explicitly prohibiting ticket resale, but event organizers may place restrictions on resale through their terms and conditions. Reselling tickets above face value is allowed unless the event terms prohibit it. Resellers must comply with consumer protection laws against misleading advertising and unfair contract terms. Tickets purchased through unauthorized channels can be invalidated by the organizer.
Overview of Ticket Resale Laws in Austria
There is no law in Austria that outright prohibits the resale of tickets. However, event organizers have some ability to restrict resale through their terms and conditions:
- Organizers can prohibit the resale of tickets or reselling above face value. If resale is prohibited in the terms and conditions, resellers would be in breach of contract.
- Organizers can make tickets personalized/registered to prevent transfer. The original purchaser’s name is printed on the ticket.
- Organizers can declare tickets purchased through unauthorized channels to be invalid and deny entry.
So while resale is not illegal per se, resellers must comply with the event terms and conditions. If the terms prohibit resale, reselling the tickets would be a breach of contract, albeit not a criminal offense.
Consumer Protection Laws
Ticket resellers in Austria must also comply with consumer protection laws such as:
- Unfair contract terms – Resellers cannot impose unfair terms, like unreasonable liability waivers.
- Prohibition on misleading advertising – Resellers cannot make false claims about ticket origins, features, pricing etc.
- Mandatory disclosures – Resellers may have to disclose they are not the official source of tickets.
Breach of consumer protection laws can attract financial penalties and other sanctions.
Official Ticket Resale Platforms
Some event organizers partner with official ticket resale platforms like fanSALE to allow secure resale of tickets. Tickets resold through such authorized platforms are valid. If organizers prohibit general resale but authorize an official resale platform, only resale through that platform would be valid.
Restrictions by Event Organizers
Whether and to what extent ticket resale is allowed depends primarily on the event terms and conditions. Some of the major restrictions organizers impose are:
Complete Ban on Resale
Some organizers completely prohibit the resale of tickets. The tickets may bear a statement like “Resale prohibited” or “Not for resale”. Breaching such terms can invalidate the ticket or even attract legal action for breach of contract, although criminal sanctions are unlikely.
Ban on Resale above Face Value
Instead of an outright ban, some organizers prohibit resale above the original face value. This allows fans to transfer extra tickets at cost price but prevents scalpers from profiting. It limits prices for other fans. Breaching such terms can similarly invalidate tickets or attract breach of contract claims.
Voiding of Tickets
Even if an outright ban is not imposed, many organizers declare that they can invalidate and deny entry on tickets purchased from unauthorized resellers. This reduces demand for tickets on the secondary market.
Personalized/Registered Tickets
Printing the original purchaser’s name on tickets prevents transfer. ID may be required at the entrance to match against the ticket name. This system locks out resellers and touts.
Compliance with Consumer Protection Laws
In addition to complying with event terms, resellers must also comply with consumer protection laws in Austria:
Prohibition on Misleading Practices
Austrian law prohibits misleading and deceptive conduct in consumer transactions. Ticket resellers must be careful not to make any false claims relating to:
- Ticket origins – Cannot falsely claim that tickets are sourced officially
- Features or associated privileges – Cannot misrepresent access or privileges like backstage passes
- Price or value – Cannot inflated original face value
- Validity – Cannot claim unused tickets are still valid after being voided
Breach can attract penalties under consumer protection laws. Criminal fraud may also be charged in egregious cases.
Mandated Disclosures
Resellers may be required to disclose:
- That they are not the original seller or authorized box office
- That ticket validity is subject to organizers terms
- That prices are higher than original face value
These disclosures enable informed purchasing decisions. Omitting mandated disclosures can breach consumer protection laws.
Fair Contract Terms
Unfair contract terms like unreasonable disclaimers of liability imposed on buyers are unenforceable. Resellers must ensure their terms and conditions comply with Austrian consumer protection law.
Authorized Official Resale Platforms
While general resale may be prohibited, some organizers authorize specific official resale channels. These are secure platforms where fans can resell extra tickets to other fans at fair prices. Some major platforms used in Austria include:
fanSALE by CTS Eventim
fanSALE is CTS Eventim’s official ticket resale platform partnering with organizers across Europe. Sellers can return their tickets for resale at the original price to prevent scalping. fanSALE is integrated into Eventim systems for efficient delivery.
fanSALE by oeticket
oeticket operates its own fanSALE platform allowing return of tickets into a secure official resale channel. Fans can access previously sold-out events. oeticket checks tickets to prevent problems with entry.
Ticketswap
Ticketswap is an international resale platform where fans can resell unwanted tickets at their original face value. It partners with some organizers in Austria. Strict checks prevent scams and invalid tickets.
If organizers restrict general resale but authorize an official resale platform, tickets must be resold only through those channels to remain valid.
Enforcement Against Unlawful Resellers
Authorities can take action against ticket resellers who break the law:
- Breach of contract claims for violating event terms prohibiting resale.
- Fines for misleading practices, failure to disclose, unfair contract terms etc. under consumer protection laws.
- Website blocking orders preventing access to sellers of void tickets.
- Invalidation of tickets purchased from unauthorized resellers.
- Criminal fraud charges in cases of outright scam ticketing websites.
Large scale ticket scalping or scam ticketing operations using fake websites, bots etc. to amass tickets attracts the strongest enforcement action. Authorities try to disrupt these operations to protect consumers.
Conclusion
Ticket resale is generally permitted in Austria, unless restricted by event organizers’ terms and conditions. Resellers must comply with consumer protection laws against misleading sales tactics. Event organizers can prohibit resale, restrict resale above face value, void unauthorized tickets, or only permit resale through official partner platforms. Authorities can take action against resellers using misleading, fraudulent or completely fake ticket sales operations. As long as resellers follow event terms, consumer laws and supply valid tickets, small scale resale between individual fans generally remains lawful in Austria.
