The EU is tightening the requirements for the statutory right of withdrawal: In the future, consumers must be able to cancel a contract as easily as they entered it. One click to buy – one click to cancel. That sounds like a considerable amount of work for everyone who sells tickets online.
It’s no wonder this issue is causing concern, especially in the events industry. However, those who organize conferences and symposia can, in most cases, breathe a sigh of relief. This is because the right of withdrawal generally does not apply to conference tickets, and the usual cancellation fees are applied.
Why the right of cancelation is irrelevant for most event organizers
Argument 1: B2B transactions do not have a right of cancelation
The statutory right of cancelation is a consumer protection instrument. It applies exclusively to the relationship between a business and a consumer – i.e., in the so-called B2C sector.
Anyone selling tickets to companies, government agencies, or freelancers is operating in the B2B sector. In this context, the right of withdrawal does not apply. This is the reality for the vast majority of professional and industry conferences: the buyer is typically a company that sends employees to the event.
Conclusion: If your tickets primarily go to businesses, then this topic is simply not relevant for you.
Argument 2: Leisure events with fixed dates – the legal exception
But what if private individuals also buy tickets? Then the right of withdrawal could theoretically apply. However, there is a clear legal exception here as well.
The German Civil Code (§ 312g para. 2 no. 9 BGB) excludes contracts for “the provision of services in the areas of accommodation for purposes other than residential purposes, transport of goods, car rental, delivery of food and beverages and the provision of other services in connection with leisure activities” from the right of cancelation – if a specific date or period is agreed upon.
In practice: Conference tickets always have a fixed date. They therefore fall under this exception. The right of cancelation does not apply.
The phrase “in connection with leisure activities” still causes uncertainty for many organizers. Intuitively, they wouldn’t consider their congress a “leisure activity.” However, it’s worth critically examining: What exactly does “leisure” mean in this context?
The logical interpretation, in our view, is to draw a distinction here from the B2B context: leisure time as the opposite of working time. The latter would be a B2B case, in which there would generally be no right of cancelation anyway. Everything that does not take place during working hours would then be classified as leisure time.
Equating leisure time with pleasure may seem intuitive and colloquial, but this approach is not conducive to a correct interpretation of the law.
Conclusion: Even if individual private persons buy tickets – the fixed event date usually protects you from the right of withdrawal.
What this means in practice
This combination of two arguments renders the new EU regulation largely inconsequential for the typical conference organizer:
- B2B: No right of cancelation because no consumer is involved.
- B2C with a fixed date: No right of cancelation because the legal exception applies.
Important exceptions
If services are offered without a fixed time frame, for example, permanently available video-on-demand lectures, consumers generally have a right of withdrawal. The exception for fixed dates does not apply in this case.
Our recommendation
We recommend discussing this matter with your legal counsel – especially if your target audience includes private individuals or if your ticket sales involve hybrid formats. The legal assessment can vary depending on the specific circumstances. We are not lawyers and therefore cannot and are not permitted to provide binding legal advice.
The good news is that you are entering this conversation with good arguments that there is no significant need for action.
Conclusion
For conference tickets, there are two compelling arguments against a right of withdrawal: the B2B relationship and the legal exception for leisure events with fixed dates.
Those who understand this can follow the current discussion in a more relaxed manner.