Dusseldorf The ticket fee for the canceled “Everything Without Electricity” tour by the Toten Hosen will be fully refunded. This follows from a judgment of the district court of Traunstein. The NRW consumer center had sued the ticket broker. A template letter is available for reimbursement.
On days like these, many Toten Hosen fans can look forward to a refund. In 2020, the Düsseldorf punk rock band’s “Alles ohne Strom” tour was canceled due to the corona pandemic. The tour was not postponed but cancelled. According to the Consumer Advice Centre, many have waited in vain for a full refund of ticket costs. This may soon change after the recent judgment of the Traunstein District Court.
“The court has confirmed that ‘Kauf mich GmbH’ is obliged to reimburse the ticket price, including the pre-sale costs paid”, explains Iwona Husemann, lawyer at the consumer advice center NRW. As a ticket broker, “Kauf mich GmbH” regulated the sale and return of all tour tickets for the Düsseldorf band. According to the commercial register, it is one of the companies of the group which manages the fan shop and deals with the sale of the tickets, specifies the lawyer of the center of advice to the consumers. “Kauf mich GmbH” did not refund the full purchase price for canceled concerts in 2020, but retained the advance booking fee. In addition, it limited the right to reimbursement via the online customer account to the end of October 2020. Wrongly, as the Traunstein District Court ruled on Monday.
“We don’t know exactly how many consumers are affected. But when it comes to big gigs, you can assume hundreds of thousands,” says Husemann. After the tour was canceled in early summer 2020, there were numerous complaints; now the number has gone down.
Husemann describes the supplier’s business conduct as bold: “The presale fee was not indicated at the time of purchase. Consumers therefore could not know whether and to what extent a fee would be charged. A ticket customer did not was refunded only EUR 189.60 for four tickets out of the total price paid of EUR 212. When selling tickets, this total price plus postage and packaging, but no pre-booking fee, have been explicitly requested.The Traunstein District Court has now declared this opaque and arbitrary practice inadmissible.
The time limit that the ticket broker sets for the client to submit refund requests via the online client account is also arbitrary. “Consumers can enforce their rights within the normal three-year limitation period,” says Husemann. In the case of a ticket purchase in 2019, i.e. until the end of 2022. It is not allowed to shorten the period.
In December 2020, the consumer advice center NRW had already initiated preliminary injunction proceedings before the Traunstein district court against the practice of “Kauf mich GmbH” in connection with the canceled concert tour “Everything without electricity” du Toten Hosen (Az.: 7 O 1732/20). Now the Traunstein District Court has also upheld the legal opinion of the North Rhine-Westphalia Consumer Advice Center in the main proceedings. The new judgment is not yet final. The ticket agent has one month to appeal.
“We now have two judgments that go in the same direction: the one in progress and that of June 2021 against Eventim”, specifies Husemann. In June 2020, the Munich Regional Court ruled that Eventin should refund the full purchase price. there too, the costs had been withheld. “It shows that consumers need to stay persistent, even if vendors want to get in the way or get rid of their customers,” Husemann says.
The editorial team requested a statement from the ticket agent by phone and email. A response is not yet available.
Information The NRW Consumer Advice Center provides a sample letter to facilitate the refund request: www.Verbraucherzentrale.nrw/node/74528
#Unusual #tour #electricity #Toten #Hosen #fans #collect #money