The Ministry of Social Rights, Consumer Affairs and Agenda 2030 - through the Directorate General for Consumer Affairs - has issued an information note aimed at users, companies and regional consumer authorities reminding them how the surcharges that companies charge consumers for the online purchase of tickets for events such as music festivals or concerts should be applied. The note explains the requirements that must be met for these surcharges to be in accordance with the General Law for the Defence of Consumers and Users and, therefore, to protect consumers' rights.
In particular, the requirements for handling fees and other additional charges charged when purchasing tickets online are as follows:
- They must be charged for services that consumers receive. Consumers cannot be charged surcharges for services received exclusively by the company promoting the event. To this end, it is important to detail in a detailed way the costs and procedures that are charged for each of the purchases or services contracted.
- They should be included in the final price displayed to the consumer. Taxes for each service must also be shown whenever the price is advertised in the sales channel. The consumer is not obliged to pay for costs that do not appear in the information provided.
- Additional costs for the purchase of tickets and services for an event must be the same for all consumers. They may not vary according to their price, nor may they be a percentage of the price.
- The additional costs may not be higher than those charged when the consumer purchases the tickets in person, unless the difference is for additional services offered to the consumer when buying online.
- For nominative tickets, it is forbidden to charge additional costs for the correction of spelling or typographical errors in the name, when the ticket has been purchased online.
- It is prohibited to charge additional costs for actions that are the responsibility of the consumer, such as printing the ticket, or receiving and storing it on a mobile device.
- Surcharges for postal receipt of the ticket must not be disproportionate to the cost of printing and mailing.
The information note sent is in addition to the national market surveillance campaign - active until 31 December 2024 - in which four Autonomous Communities (Balearic Islands, Castilla La Mancha, Region of Murcia and the Valencian Community) are participating, and whose information is centralised by the Directorate General for Consumer Affairs. The aim is to verify compliance with current regulations by e-commerce operators and online platforms dedicated to the purchase and sale of tickets for shows and musical events. To this end, among other measures, more than 30 inspection checks will be made to verify whether the rights of consumers are being respected. If irregularities are detected, the Consumer Affairs authorities will take the necessary action, including the power to impose penalties, to correct any practice that involves non-compliance with consumer regulations.
Source of information: Ministerio de Derechos Sociales, Consumo y Agenda 2030