Dusseldorf The ticket costs for the canceled tour “Everything without electricity” by the Toten Hosen will be reimbursed in full. This follows from a judgment of the district court in Traunstein. The consumer center NRW had sued the ticket broker. A sample letter is available for reimbursement.
On days like these, many a Toten Hosen fan 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 was cancelled. According to the consumer advice center, many have waited in vain for the full reimbursement of the ticket costs. That could soon change after the recent judgment of the district court in Traunstein.
“The court has confirmed that ‘Kauf mich GmbH’ is obliged to refund the ticket price including the pre-sale fee paid,” explains Iwona Husemann, a lawyer at the NRW consumer advice center. 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 band’s companies that runs the fan shop and handles ticket sales, says the lawyer at the consumer advice center. “Kauf mich GmbH” did not refund the entire purchase price for the canceled concerts in 2020, but retained the advance booking fee. In addition, she has limited the right to reimbursement via the online customer account to the end of October 2020. Wrongly so, as the district court in Traunstein ruled on Monday.
“We don’t know exactly how many consumers are affected. But when it comes to concert greats, 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 provider’s business conduct as bold: “The pre-sale fees were not shown at the time of purchase. The consumers could therefore not know whether and to what extent fees would be charged.” A ticket customer was reimbursed only 189.60 euros for four tickets from the total price paid of 212 euros. When the tickets were sold, this total price and a fee for postage and packaging, but no advance booking fee, were explicitly requested. The district court in Traunstein has now declared this opaque and arbitrary practice to be inadmissible.
The deadline that the ticket broker set for the customer to submit claims for reimbursement via the online customer account is also arbitrary. “Consumers can assert their claims within the regular limitation period of three years,” says Husemann. In the case of a ticket purchase in 2019, i.e. until the end of 2022. Shortening the period is not permitted.
In December 2020, the consumer advice center NRW had already taken action in preliminary injunction proceedings before the district court of Traunstein against the practice of “Kauf mich GmbH” in connection with the canceled “Everything without electricity” concert tour of the Toten Hosen (Az.: 7 O 1732/20 ).Now the district court in Traunstein has also confirmed the legal opinion of the consumer advice center in North Rhine-Westphalia 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 point in the same direction: the current one and the June 2021 judgment against Eventim,” says Husemann. In June 2020, the Munich Regional Court decided that Eventin had to reimburse the full purchase price. there, too, fees had been withheld. “This shows that consumers should remain persistent, even if providers want to get in the way or get rid of their customers,” says Husemann.
The editorial team requested a statement from the ticket agent by telephone and email. An answer is not yet available.
info The consumer advice center NRW provides a sample letter to make it easy to apply for a refund: www. Verbraucherzentrale.nrw/node/74528
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