The resell of tickets in the EU: forbidden or allowed?
Is there a specific legislation regarding the resell of tickets?
Update: June 2016
Member States providing a specific legislation
No specific legislation in these Member States
Member States currently considering any legislation or other measures regarding the reselling of tickets
Please click on the country to get more information
Reselling is allowed.
It is not necessary to get any license or prior authorization, the premises should have good conditions and prices should be well visible.
⇒ In case of distance selling, it's not allowed to sell the tickets with more than 10% of the price indicated on premises or 20% more.
Ticket reselling in Portugal is regulated by the Decree-Law 23/2014 of the 14th February, establishing the conditions for the functionning of artistic events and venues - installation and inspection.
The resale is forbidden.
⇒ Only last minute resale is allowed if 2 conditions are respected:
- resale must be done without profit
- and can’t be done on a regular basis.
Resell is not allowed.
⇒ It is forbidden to resell concert tickets with a profit.
The resell is forbidden.
Selling, offering for sale or exposing tickets for sale or providing the necessary means for the selling of access tickets to sport, cultural, commercial or live entertainment events in a usual manner and without authorization of the producer, the organizer or the copy right owner of the event or entertainment is forbidden and punished with a 15 000 € fine, 30 000 € in case of repeated offence (Article 313-6-2 of the Penal Code).
⇒ Tickets in general: Consumers are allowed to resell the tickets.
A clause that restricts that right is void if that clause stipulates a general prohibition to resell the tickets. However if a consumer buys and resells tickets regularly he is not considered as a consumer. In that case such a clause would be valid.
⇒ Personalized tickets: Consumers are not allowed to resell the tickets. If the consumer is not able to attend the event he should contact the seller and ask him to modify the tickets.
Resell is not allowed.
Resell of tickets for a significantly higher price is considered a misdemeanor subject to a fine according to Croatian law.
⇒ However, if reselling tickets for the same price or less, it is allowed, if the selling is justified.
Resell is not allowed.
The regulation in place depends on each Autonomous Communities, although the general point of view is that the reselling isn't allowed when it's done for a person/company that hasn't been authorized for it.
Resale is allowed.
The Consumer Protection from Unfair Trading Regulations 2008 require certain information on the ticket to be passed onto the potential buyer before a contract is entered into. Most specifically the seller is required to tell the consumer of the 'face value' the original price the ticket would have sold for.
Resell to cultural and sporting events is allowed.
⇒ But it is prohibited to sell at a higher price than the initial price fixed by the organizer of the event, or the price the tickets initially was priced. The buyers are obliged to claim back the amount exceeding the original price from the seller. However, the sanctions are not based on penalties so the police can not enforce the law.
A resell is forbidden. A resell is a delinquency if the resell is with profit.
There are methods which can omit the law - the seller offers a ticket for the legal price but he demands from the buyer some kind of "gift" as a watch or a mobile phone.
In case of tickets touting near events’ places: a Casual Trading License may be required in case of sale of goods on the public road or at a place where the public has access. (Casual Trading Act 1995).
In 1998 and 2005, respectively, bills were proposed to render it unlawful for any unauthorised person to sell or offer for sale tickets for major sporting, musical or theatrical events for a price in excess of the officially designated price. The proposed bills, however, did not prosper and were not enacted.
There is a bill submitted and at the moment dealt with by the First Chamber.
If the bill is published in the Bulletin of Acts and will come into force tickets for events can not be offered for sale and can not be sold against a higher price than the original/official sales price. The seller can ask the consumer to pay for the costs of sending and administration costs but these costs have to be directly connected to the purchase of a ticket and can not be more than 10% of the original price of the ticket.