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Austrian court rules that Viagogo’s terms are unlawful
By Chris Cooke | Published on Monday 22 February 2021
Often controversial secondary ticketing website Viagogo will have to overhaul its terms and conditions in Austria after the country’s Supreme Court ruled that no less than 42 clauses in said terms violate Austrian consumer rights law.
The top court found in favour of Austrian consumer rights organisation VKI, which raised concerns about numerous elements of the ticket resale site’s terms and conditions. Among the terms deemed unlawful were provisions covering refunds, seat changes, replacement tickets, Viagogo’s liabilities and efforts to have transactions involving Austrian customers governed by Swiss law.
Viagogo, of course, has been criticised by regulators, courts and consumer rights organisations in multiple countries. It’s also the second court ruling against the site in Austria.
Last year the country’s Supreme Court ordered Viagogo to be more transparent about who was selling any one ticket via its platform, and also to alert customers if a ticket being sold had been personalised to the original buyer, increasing the risk of the secondary purchaser being refused entry by the show’s promoter.
Welcoming the latest ruling, Katie O’Leary of pan-European anti-ticket-touting campaign FEAT said: “For a platform that claims to serve fans, the level of protection that Viagogo offers its users, as brought to light in this ruling, is shocking. We welcome the [supreme court’s] decision and hope that it encourages other jurisdictions to ensure that their consumers are equally protected”.
