Legal success against providers on the secondary ticket market. The verdict is not yet legally binding.
Rammstein have often dealt legally with the secondary ticket market in the past. The Hamburg Regional Court has now made a total of four decisions requiring the reseller market to comply with legal rules.
In 2022, Rammstein and the MCT agency obtained an injunction against Viagogo AG. Viagogo didn’t want to let this go. However, the Hamburg Regional Court recently confirmed the interim injunction in its judgment of December 22, 2023 (Az.403 HKO 157/22). The ruling stipulated that Viagogo is obliged to comply with the relevant legal rules “when distributing all concert tickets in Germany”.
And even more: In its decision of December 28, 2023 (ref.: 403 HKO 157/22), the Hamburg Regional Court imposed an administrative fine of EUR 20,000 against Viagogo and, in the event that this cannot be collected, EUR 250 each .00 one day of administrative detention, to be carried out by the board of directors, decided. The Hamburg Regional Court assumes that Viagogo has even intentionally violated the interim injunction and that Viagogo has “not yet taken any notice of the interim injunction.”
In addition, Rammstein and the MCT Agency obtained an interim injunction against StubHub Inc. before the Hamburg Regional Court with an order of November 22, 2023 (ref.: 406 HKO 114/23) and with an order of November 20, 2023 (ref.: 416 HKO 96 /23) an interim injunction against Gigsberg Services OÜ.
All decisions confirm the opinion of Rammstein and the MCT Agency, the tour promoter of the European shows, that Viagogo AG, StubHub, Inc. and Gigsberg Services OÜ are violating consumer protection regulations that came into force in May 2022.
As far as can be seen, the decision of December 28, 2023 also imposes a regulatory penalty for violating the new consumer protection regulations for the first time.
The decisions are not yet legally binding.
More about Rammstein
In the summer, Rammstein give concerts across Europe. Therefore the following note from the band and the organizer (quote):
“The only authorized ticket provider is CTS Eventim. The ticket contingents available there at prices ranging from EUR 70.00 to EUR 131.00 plus fees are currently sold out for the band’s German shows.
Only the person whose first and last name is written on the ticket and who can identify themselves accordingly will be admitted. There are strict entry controls at all concerts. If a ticket is not personalized to the person requesting entry, they will not be allowed entry.
Any distribution of tickets is prohibited. Any returns of tickets (e.g. due to prevention, illness, etc.) in accordance with the general terms and conditions of the tour operator MCT Agency can only be processed via the CTS Eventim associated platform “fanSALE” (www.fansale.de).
Tickets that have become available again can be purchased via www.fansale.de.
All other providers who offer Rammstein tickets are unauthorized dealers. Rammstein tickets purchased there do not entitle you to enter a show. This applies in particular to all Rammstein tickets that are offered through providers of the so-called secondary ticket market (such as Viagogo (www.viagogo.de), StubHub, Inc. (www.stubhub.com), Gigsberg). Providers of the so-called secondary ticket market are often difficult to distinguish from authorized ticket partners.”
Providers of the so-called secondary ticket market can be recognized by, among other things, the following:
Reference to the secondary ticket market in the upper part of the website (e.g.: “Secondary marketplace”, “Reseller”, “Prices above original price”, etc.) and/or in the respective terms and conditions, often prices far above the original prices (e.g. EUR 200.00 – EUR 1,000 .00), no link from the band website.