Viagogo, a prominent online marketplace for the second-hand sale of event tickets, has reached a significant agreement with the European Commission and national consumer authorities of Member States. This agreement underscores the crucial role of consumer protection in online marketplaces and the commitment of Viagogo to provide better information to consumers regarding the conditions under which tickets are resold. As part of this commitment, Viagogo will also discontinue the use of excessive countdown messages that have been a source of consumer dissatisfaction. The Commission and national consumer authorities had received numerous complaints about Viagogo’s website, including the lack of clear information on taxes and fees that must be paid by consumers.
Viagogo has now pledged to rectify these issues.
The Consumer Protection Cooperation (CPC) Network, under the coordination of the European Commission, initiated a constructive dialogue with Viagogo in April 2021. After a series of exchanges, Viagogo has agreed to implement a range of changes to its EU/EEA consumer-directed website versions by the end of August 2024. These changes, which will be implemented by Viagogo as a trader, aim to enhance the consumer experience and ensure compliance with consumer protection regulations.
According to the agreement Viagogo must provide further clarification on how it ranks tickets in search results, substantialy reduce the number of countdown messages on its website, provide information to consumers on the ticket selection page about whether the seller is a trader or another consumer. This is important as consumers cannot invoke EU consumer protection rules against non-trader sellers.
It also must allow consumers to choose an exact seat number where available, rather than only selecting a section of the venue to sit in.
The agreement includes delivery fees in displayed prices when there is only one delivery option available, and clearly informing consumers when delivery fees are not included for tickets with multiple delivery options.
Additionally, Viagogo has agreed to implement a number of changes and clarifications to several clauses in its terms & conditions by the end of August to ensure that: 1. Consumers can bring legal actions against Viagogo in their own Member State of residence and will be protected by their national consumer law; 2. Consumers have more time to apply for a refund under the Viagogo ‘guarantee’ scheme if they encounter problems with their tickets; 3. Viagogo cannot unilaterally change its terms & conditions without informing consumers in advance and providing them with reasonable notice to cancel their account free of charge, and 4. When consumers are offered a substituted seat location under the Viagogo ‘guarantee’ scheme, the new seat location will be in the same or a better approximate location as the one in the substituted ticket.
Viagogo has refused to commit to the changes requested by the CPC Network, which include informing consumers about the possible delivery fees at the beginning of the purchase procedure, particularly when there are multiple delivery options available for a ticket and clarifying to consumers that, in addition to the remedies offered by Viagogo as an intermediary, they may have additional rights with the actual ticket seller and/or the event organiser if their event is cancelled or postponed.
The CPC Network has urged Viagogo to address these issues and has stated that enforcement actions may be taken if necessary.
The CPC Network will monitor Viagogo’s commitments. If Viagogo fails to comply, national authorities may enforce sanctions. Ongoing legal proceedings against Viagogo in some Member States are not affected. Viagogo must comply with the DSA’s due diligence obligations since February 2024, supervised by the Digital Service Coordinator of its Member State.
“Consumers buying second hand tickets must understand exactly what they buy, the potential risks they face when tickets do not come from authorised retailers and that scarcity claims may only be a trick to make them purchase at a higher price. I hope the commitments made by Viagogo will bring the company’s website and terms and conditions more in line with the requirements of EU consumer protection law. I call on this market leader now to ensure a swift and accurate implementation of its commitments across the Union,” said Věra Jourová, Vice-President for Values and Transparency.
