The ticket platform Eventim has come under fire for its sales practices regarding ticket insurance, following a recent ruling by the Higher Regional Court of Bamberg. The court has prohibited Eventim from repeatedly urging customers to purchase a paid ticket insurance, deeming the practice manipulative and misleading. This decision came after a lawsuit was filed by the Verbraucherzentrale Bundesverband (vzbv), a consumer protection organization, which argued that Eventim's tactics constituted undue influence on consumers.
According to the court's ruling, when consumers attempted to order tickets on eventim.de, they were immediately confronted with an offer for ticket insurance that was prominently highlighted in the shopping cart. If a customer chose to proceed to checkout without selecting the insurance, a pop-up window would appear, reiterating the recommendation to purchase the insurance to avoid "annoyance and frustration over a missed event." Only after clicking on a button labeled "I bear the full risk" could customers complete their purchase without the insurance.
Jana Brockfeld, a legal advisor at the vzbv, noted that many companies design their websites in ways that manipulate consumer behavior, pushing them towards decisions they might not otherwise make. "Such design tricks, also referred to as Dark Patterns, are prohibited in the EU by the Digital Service Act, but they remain a persistent issue online. We will continue to explore legal actions against providers that use manipulative designs inappropriately," she stated.
The court agreed with the vzbv's assessment that Eventim's repeated offers of ticket insurance violated the Digital Service Act and, by extension, competition law. The ruling emphasized that website operators must not deceive or manipulate users or otherwise significantly impair their freedom of choice. The court found that Eventim had indeed crossed this line by using visual design and repeated requests to pressure users into purchasing insurance.
Furthermore, the court pointed out that the requirement for users to click the "I bear the full risk" button to decline the insurance created a scenario that instilled fear of losing the purchase price. This was deemed misleading, as it falsely suggested that money spent on non-insured tickets would be lost in all circumstances, including if the event were canceled by the organizer.
However, the court did not grant the vzbv's request to prohibit Eventim from making the initial offer of insurance in the shopping cart. The court ruled that while the insurance offer was prominently displayed, it was clear that it was optional and not mandatory for purchasing tickets, thus not significantly impairing users' freedom of choice.
The ruling, dated February 5, 2025, is not yet legally binding, as Eventim has the option to appeal the decision. The court rejected an immediate appeal, but Eventim is expected to pursue further legal avenues, which may prolong the resolution of this issue.
This case highlights the broader concerns regarding consumer protection in the digital marketplace. The vzbv has been vocal about the need for stricter regulations to prevent companies from exploiting consumer vulnerabilities through manipulative website designs. The Digital Service Act aims to address these issues, but enforcement and compliance remain critical challenges.
As consumers continue to navigate online purchasing, awareness of such practices is essential. Eventim's situation serves as a reminder that while ticket insurance can be a useful option, the manner in which it is presented can significantly affect consumer choice.
In essence, this ruling not only impacts Eventim but also sets a precedent for how digital platforms can market their products and services. It raises crucial questions about the ethics of online sales tactics and the responsibilities of companies to ensure that their marketing strategies are transparent and fair.
With the ongoing evolution of digital commerce, the conversation surrounding consumer rights and protections is more relevant than ever. As the legal landscape continues to develop, both consumers and businesses must stay informed about their rights and obligations in the online marketplace.
