Court of Justice: important information may sometimes be included in general terms and conditions

Finding a closed door

A visitor to an event in Lithuania was unlucky and found a closed door. As it turned out, the event was unexpectedly cancelled. The visitor had purchased the tickets through ticket website Tiketa and asked the website for a refund. Not only for the ticket price, but also for the travel costs and the hassle. Tiketa believed that as an intermediary, it is not responsible, and referred the consumer to the event organiser: Baltic Music.

Baltic Music did not respond, so the consumer took the matter to court. But it was not clear to the court in Lithuania whether Tiketa had violated the rules. After all, were consumers adequately informed that Tiketa was not responsible for things like refunds? For this reason, the case was referred to the Court of Justice.

Mandatory information

Sellers are required to properly inform consumers prior to purchasing. For example, about their identity, address and about the main features of the services or products they offer. In this case, Tiketa had provided the following information:

• Tiketa's website stated that Baltic Music was responsible for the event and everything involved.
• Tiketa's terms and conditions provided more information about the organiser (Baltic Music) and ticket refunds.
• Some of the terms and conditions were also listed on the ticket. For example, that Baltic Music is responsible for refunds in the event of cancellation of the performance.

Court of Justice

Does that mean that Tiketa provided this consumer sufficient information? Yes, says the Court of Justice. A seller may put important information in general terms and conditions.

However, a number of conditions apply:

• Consumers receive the information prior to purchase.
• Consumers receive information in a clear and understandable way.
• The consumer must give approval in an active way. For example, by being required to check a box stating that he/she has read the terms and conditions.
• The consumer must also receive the confirmation of the agreement and terms and conditions afterwards on a ‘durable data carrier’. For example, on paper or in an e-mail.

So Tiketa may state in the terms and conditions that Baltic Music is responsible for the event and any refunds. As long as the consumer has been made aware of this condition and has actively agreed to it.

Want to know more?

The full ruling on Case C-536/20 is available on the Infocuria website (case law of the EU Court of Justice).