FAQ
As of: December 9th, 2021 7:12 am
Large tour operators are only allowed to use 30 to 50 percent of their capacity. But how does the limitation of the number of visitors work? And what can you do if the ticket has already been bought?
How do organizers regulate who gets access and who doesn’t?
Each organizer decides for himself. Only the upper limits are binding: According to the latest federal and state resolutions, a maximum of 5,000 people may participate indoors and a maximum of 15,000 people outdoors. How the organizers actually implement this limitation is initially up to them. If the participants are known and have given their contact details, they can be informed in advance and, if necessary, canceled. If, on the other hand, they are unknown, the respective organizer will only be able to limit access at the entrance. From the customer’s point of view, it is often advisable to ask the organizer directly how the limitation works.
In practice, many organizers have canceled all tickets that have already been sold in a first step, and then start a new sale in a second step – but in the reduced number. This is how it went, for example, at the top Bundesliga match between Borussia Dortmund and Bayern Munich. This procedure saves the organizer the step of having to decide for himself who is allowed in and who is not.
Theoretically, organizers could also use a lottery to clarify which of the tickets that have already been sold will remain valid. However, such an approach could result in a number of legal follow-up questions: What if the ticket holders drawn are no longer interested in the event under the new conditions? Is it because someone was not pulled and you now have to go alone? Then the organizer would again have to think about a money refund for these tickets. Because the circumstances would have changed fundamentally compared to the situation when the contract was concluded. In the event of a dispute, the courts would then have to decide.
What to do if the organizer cancels?
As a rule, the consumer cannot do anything about the cancellation as such. Because: If the organizer bases the exclusion on the legal requirements for protection against infection, you usually have to accept it. There is an objectively necessary reason in this. Only if the organizer excludes a visitor for discriminatory reasons (such as origin or gender) can action be taken against it. The vaccination status, however, does not represent a discriminatory feature. A distinction is therefore not legally prohibited here.
How about the money
However, the cardholders do not have to pay anything if the consideration “access to the event” is not possible. Anyone who has already paid the ticket price can ask for it back. In general, the following applies: Anyone who does not perform a promised service also has no claim to payment. If the organizer cancels because it is legally impossible for him to hold the event with the planned number of participants, he has to reimburse the entrance fee and advance booking fees.
Do alternative appointments have to be accepted?
If an alternative date is offered for an event, those affected can of course accept it – but usually they do not have to. Because you bought the ticket for a certain date. Therefore, it follows from the contract: The buyers want to take part in this specific event – that is, on the day at the specified time. Something different can apply to tickets that are issued for a period of time or for several alternative dates.
And what about vouchers?
As a consumer, you do not have to accept a voucher either. In the first phase of the pandemic, the so-called voucher solution applied as an exception to event tickets purchased before March 8, 2020. For such cards, organizers could refuse a refund and issue a voucher. The customers then had to accept this. Events that are affected by the current limit were usually only booked afterwards. This means consumers can insist on a cash refund.
Important: Vouchers for tickets purchased before March 8, 2020 also expire at the end of the year. If you have not redeemed it by then, you can then have the monetary value paid out from January 1, 2022.
What about free tickets?
If the ticket is a gift, it looks the same – only the contact may be through the giver. Because he or she is usually a contractual partner of the organizer. If the ticket loses its validity, it is the respective contractual partner who can request a refund. It is important that you inform the recipient of the rejection.