Ticket fraud - who is liable?
July 19, 2019 | 30,00 EUR | answered by Rechtsanwältin Jasmi Jasmin Pesla
Hello,
Assuming one has tickets for an event that are checked using a code at the entrance. Now, if this code falls into criminal hands, and fake tickets are sold by this criminal person, many buyers will not be allowed into the event, resulting in financial loss. Can the original buyer be held liable for this damage if they did not sufficiently protect the code (e.g. by sharing the ticket on social networks)?
Thank you and best regards!
Dear inquirer,
Thank you for your inquiry in the field of law.
I am happy to answer your question as follows:
When it comes to reselling tickets, it depends on the type of ticket being resold. It is not always legally possible to resell such tickets.
However, your question pertains to a different topic, namely, whether the person who could potentially commit a crime or be liable civilly for the damage caused by the fake codes uploaded via a photograph.
This only applies if there has been a violation of someone else's copyright (photographs are protected by copyright, and their use without permission is generally punishable) or if the uploader or seller is aware of the criminal activity and wishes to support it as a contributory act. In that case, this would be considered as aiding and abetting. In criminal law, there is not only perpetration. This complicity would be punishable, and the person would also be liable for damages in civil law. Otherwise not.
I hope this helps.
Best regards,
Attorney Pesla
mail[at]ra-pesla.de
Fax: 036701 899965
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