occasion the coveted DFB Cup match FK Pirmasens in 2003 against Werder Bremen on 11.08.2006. Some had prior to the FK Pirmasens tickets for the price of 11 € to 15 € and then can get hold of lack of time (?) On Ebay back on sale. There, shortly before the game soared, prices for the cards up to 70 €. The rude awakening came for some of the sellers, because often the FK Pirmasens himself made the highest bid, but the card is returned without payment demanded, having regard to the back on the cards printed conditions.
The letter stated in Paragraph 8 namely:
"Any industrial or commercial resale of tickets purchased in particular at higher prices is prohibited. This also applies to auctions of any kind, especially in Internet auctions worldwide. The same applies to the transfer of tickets to people who were excluded for security reasons from attending football matches. Each violation of the aforementioned ban the polluter pays the FK Pirmasens 03 a penalty of 2.500 eV .- EUR. Furthermore, the organizer before the pronouncement of the House ban and exclusion from further ticket sales as well as lodging a complaint. "
Many were caught and regretful. One would To be printed on the back not read. Others were angry and upset. The anger boiled so high that on 07/09/2006 the southwest radio reported extensively all day about this scandal.
is the thing to be judged?
Can we sell his ticket on eBay or not?
If the conditions on the reverse effect?
How fast can a football ticket really expensive?
Basically, the assignment of a legally obtained rights to third parties under the general provisions of the Civil Code against a higher fee readily acceptable.
from the football clubs is, however, started to stop the resale of tickets.
Especially during the football World Cup 2006 is the discussion of the transferability of tickets has become very topical.
principle is freedom of contract, ie, clubs can pretend their participation. The purchaser of tickets is explained basically agree with the terms and conditions of the clubs in buying tickets, even if he has read the terms and conditions do not usually.
Thus one finds in the terms and conditions regulations provide that the transfer is only justified on objective grounds. The General Conditions will have only their efficacy if they do not violate the terms of law. In that regard, should the terms and conditions of the other party does not unduly disadvantage and may not be surprising.
Regarding tickets can consider it in the conventional manner, that the maps if you are prevented, also free of other person can sell or give away. In that regard a prohibition of assignment in the terms and conditions to be regarded as very critical. be
as objective reasons on the one argued by the clubs that may be given, firstly, no cards to hooligans and also that the black market trade to be prevented.
The Higher Regional Court of Hamburg ruled on 03.02.2005, is justified that in the general business conditions of the assignment clause HSV anchored to buyers who resell the card with the aim of tickets and planned commercial.
was privileged under the terms of HSV after the private football fan who wanted to sell his card in case of prevention, illness or otherwise.
This sentence was also clear that for straight assignment and transfer restrictions set very strict requirements must be as limited by such prohibitions, the marketability of an asset heavily penalizes a contractor is.
A recent ruling of the district court of Frankfurt / Main of 03.04.2006 is concerned with the question of whether two of "ebay" acquired World Cup tickets to the 'ebay' buyers were rewritten. Here, the district court has again the two football fans were right. Neither
it was for the two buyers to football hooligans, nor was the interest of the association that the tickets are not objects of speculation, to be set higher than the interest of the ticket holders who want to sell a once only andenes ticket on. Scheduling conflicts may occur, the owner may be ill or otherwise prevented, it can further improve by a lottery Cards win or need urgent financial straits as a result of the money or simply lose interest in his game.
An assignment clause here is a de facto lawlessness of the customer in the event of any kind as well as to provide prevention is not to justify the fight against the black market, according to the district court of Frankfurt / Main. Even if, as in this case, the World Cup tickets to eight times the issue price changed hands, this is no reason to fail the portability.
The terms and conditions to be over it. But a reference in the terms and conditions that meet the objective reasons to prohibit the resale is not transparent enough and does not meet the legal requirements. Such conditions are not valid.
In our view is in line with the decision of the Higher Regional Court of Hamburg to distinguish that a carefully worded prohibition of assignment be made for the case of an industrial or commercial redistribution of the cards should be.
is different, however it in private ticket buyers. This must be given the opportunity to resell the ticket for the prevention, including on eBay and also at prices well above the original ticket price.
further conditions must also be maintainable. How should the private ticket buyers if he sells to recognize the card to a hooligan. pay for the ticket buyer is a burden that can not even meet the clubs as business condition is completely unenforceable. Also, a penalty of 2.500 € and domestic ban without further distinction should also be expressed critical.
who used ineffective general business conditions is also the danger to themselves was cited for a fee or to suspend an injunction. This risk must also consider the clubs at all times. come
