On days like these, fans of Toten Hosen can be happy: After the Düsseldorf punk rock band's “Alles ohne Strom” tour was canceled due to the corona pandemic, many waited in vain for the ticket costs to be fully refunded.
No full refund for canceled Toten Hosen tour
“Kauf mich GmbH”, which acted as a ticket broker and regulated the sale and return of all of the band’s tour tickets, did not refund the entire purchase price, but retained the advance booking fee. She also limited the claim for reimbursement via the online customer account to the end of October 2020. The Traunstein regional court now ruled wrongly.
Advance booking fees must also be reimbursed
“The court has confirmed that 'Kauf mich GmbH' is obliged to reimburse the ticket price including the advance booking fee paid,” explains Iwona Husemann, lawyer at the NRW consumer advice center.
What is particularly brazen about the provider's business practices: “The advance sales fees were not shown when purchasing. Consumers therefore had no way of knowing whether and to what extent fees would be charged.”
A ticket customer was only refunded 189.60 euros of the total price paid of 212 euros for four Toten Hosen tickets. When the tickets were sold, this total price as well as a fee for postage and packaging, but no advance booking fee, were explicitly requested. The Traunstein Regional Court has now declared this non-transparent and arbitrary practice to be inadmissible.
Refund deadline was arbitrary
The deadline that “Kauf mich GmbH” set for its customers to submit refund claims via the online customer account was equally arbitrary.
“Consumers can assert their claims within the regular limitation period of three years,” says Husemann.
If you buy a ticket in 2019, that means until the end of 2022. Shortening the deadline is not permitted.
“The process shows that consumers should remain stubborn, even if providers try to stand in the way or drive away their customers.”
To make it easy to apply for a refund, the NRW consumer advice center provides a sample letter.
background
In December 2020, the NRW consumer advice center had already successfully taken action in an interim injunction before the Traunstein regional court against the practice of the ticket broker “Kauf mich GmbH” in connection with the canceled “Alles ohne Strom” concert tour by the band “Die Toten Hosen” (ref. : 7 O 1732/20).
The Traunstein Regional Court has now confirmed the legal opinion of the North Rhine-Westphalia Consumer Center in the main proceedings. The verdict is not yet legally binding.
Source: Consumer advice center NRW
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