The defendant runs a ticket office which sells theater and concert tickets through the internet. In the course of the online booking process, the website showed the total price of the respective ticket and the information “ticket price includes booking fee and VAT”. Only the General Conditions of Contract contained the information that the booking fee/commission ammounted to 25 percent of the net ticket price. A consumer association (VKI) regarded this as an intransparent and thus unfair term and filed a cease and desist claim.The claim was granted in all instances. The Supreme Court (OGH) held that from the total price only, an everage consumer could not understand which part was the “real” price of the ticket and which part was related to the service of the ticket office. The explanation provided in the General Conditions of Contract was regarded insufficient.OGH judgement 2 Ob 59/12h of August 30, 2012 available in German here>>.
