Friday 15 May 2020

Vouchers everywhere? News from Germany

While the Commission clashes with Member States over airlines' vouchers-in-lieu-of-reimbursement policies (see our blog), similar approaches seem to be taking hold also in other areas of economic life and contracting.

Yesterday, remarkably, the German Parliament has passed legislation retroactively depriving buyers of event tickets and service subscribers of the possibility to claim a reimbursement in case the event or service provision they paid for are cancelled as a consequence of the pandemic. The rules apply to tickets sold before 8 March.

Exceptions are provided for consumers who can prove that the restriction would be unbearable for them due to personal circumstances. Furthermore, reimbursement will be possible when the voucher has not been spent by 31 December 2021.

Consumers will be able to use the vouchers for the same show/event or, when possible, for different ones. The idea behind the German legislator's intervention is to protect event organisers and service providers, who are known to be struggling at the moment and for whom, of course, reimbursements would entail serious liquidity issues.

The Verbraucherzentrale has criticised the choice to force vouchers upon consumers and in particular the retroactive effect of the law.