Withdrawing from concert-ticket purchases: What rights apply on the resale market?

Why is the concert date not always enough?

A distance contract between a consumer and a trader generally carries a right of withdrawal. Section 312g(2), no. 9, of the German Civil Code (BGB) excludes certain leisure services where a specific date or period is agreed. Accordingly, buying admission to a dated concert directly from its organiser may carry no statutory withdrawal right. Any contractually granted return right is a separate matter.

An intermediary may also fall within that exception. In CTS Eventim, however, the CJEU required withdrawal ultimately to place the risk of released capacity on the organiser. That case involved an intermediary acting in its own name but on the organiser’s behalf. The event also had to be scheduled for a specific date or period (C-96/21, paragraphs 44 to 55).

What did the Berlin court decide about the ticket resale market?

In the Berlin proceedings, a business offered an online service to find and arrange tickets, including personalised tickets. The tickets were to be obtained from existing holders. The contract concerned a paid service for the subsequent buyer, rather than direct ticket sales by the organiser or its sales agent (paragraphs 2 and 28 to 31).

The standard terms excluded withdrawal by referring generally to leisure events. The court held that exclusion invalid. There was no contractual relationship with the organiser and no agreement requiring it to refund the ticket price if the customer withdrew. Instead, the economic risk fell on the reseller or service provider. The concert date alone did not justify exclusion in this case (paragraphs 55 to 67).

The court prohibited use of the challenged clause and reliance on it. These were collective proceedings about standard terms, not an individual customer’s payment claim. Our assessment: if withdrawal is refused, the actual contractual arrangement should be examined. Describing a business as a ticket platform or resale marketplace does not itself answer the question.

What time limit and further restrictions apply?

If a withdrawal right exists, the standard period is 14 days. For the type of service discussed here, the starting point is generally contract formation, but the period cannot begin before the required withdrawal information has been provided (sections 355(2) and 356(3) BGB). This does not create an unlimited right: section 356(4) BGB sets an outer limit of twelve months and 14 days for such contracts.

For a paid service ordered online, the right may also expire early once the service has been fully performed, provided that the consumer previously gave express consent to early performance and acknowledged losing the right upon full performance (section 356(5), no. 2, BGB). An order confirmation alone does not automatically satisfy these conditions. The ordering process and accepted statements therefore matter.

A purchase directly from a private individual must be treated separately: statutory withdrawal from a distance contract requires a contract with a trader (section 312c BGB). A separate contract with a commercial intermediary may need to be distinguished from that purchase. Cancellation or postponement of the concert also raises different questions from the withdrawal without reasons discussed here.

What practical steps can customers take?

Our practical recommendation: first check which party is named in the confirmation and what service you ordered. If you wish to withdraw, make a clear declaration to that business and retain evidence. No reasons are required; sending the declaration in time generally preserves the deadline (section 355(1) BGB). Merely contacting a law firm is not a withdrawal declaration to the provider.

The following documents are particularly useful for assessing the case:

• The order confirmation, invoice and contracting party’s name.
• The standard terms and withdrawal information applicable when ordering.
• Screenshots of the ordering process, particularly statements about immediate performance.
• The date and evidence of withdrawal and the provider’s complete refusal.