CONTRACT / CONSUMER LAW: German industrial metal band Rammstein have secured an injunction from the District Court in Hamburg court that will block Viagogo from reselling tickets from their upcoming European stadium tour. The tour’s official ticket paertner, CTS Eventim, sold more than 800,000 tickets within a matter of hours on the 8th November and tickets are personalised, with promoter MCT Agentur only allowing resale through Eventim’s own fanSALE platform and München Ticket. The tour will support the band’s first studio album for a decade, which is due for release in the spring. Rammstein has long campaigned against the sale of overpriced tickets via resale platforms
When the tickets were put on sale MCT confirmed that all tickets resold through Viagogo and other non-authorised secondary ticketing sites will not be valid for entry – something affirmed today by the district court, or Landgericht, of Hamburg. Viagogo is now blocked and cannot “allow the sale of tickets for the 2019 Rammstein stadium concerts in Germany” and/or “assert that they are valid tickets for entry”, according to a MCT release.
Rammstein’s legal team described the court’s decision as a “warning signal” to anyone considering touting their tickets to profit from the tour: “The band is pleased that the district court of Hamburg has agreed with our
and issued the ban …. [T]he court’s decision is a warning signal to anyone who thinks they can resell massively overpriced and invalid Rammstein tickets.”
IQ reports that the German promoters’ association, BDV, which supports a price cap of +25% of face value on resold tickets, said in August it is in the process of preparing a legal claim against Viagogo for misleading consumers.
Re-sale prohibitions and contract terms have sometimes persuaded eBay’s StubHub and – while they were still in business – Live Nation’s Seatwave and Get Me In! to block the listing of touted tickets for certain tours. Viagofo have resisted this pressure. Viagogo argues that promoters often don’t cancel touted tickets even when they say they will and because some or many touted tickets haven’t actually been cancelled, Viagogo argues those tickets are still “valid”
Viagogo is facing legal action in multiple countries over allegations it routinely misleads customers into thinking they are buying tickets from official agents, rather than touted tickets that might be cancelled. In the UK, Australia and New Zealand that legal action is being pursued by government agencies.