2023-06-30 07:04:01
The festival season has arrived. Spending the night singing at the top of our lungs surrounded by our friends, dancing until our feet can’t take it anymore and listening to our favorite artists live is a plan for which many people would give all their money. And it is that these outdoor events such as concerts, festivals and performances of all kinds are highly valued. But what happens if we finally can’t go? Is it legal to resell the tickets? From Legálitas they resolve all doubts about it.
“The sale and resale on the street or itinerant of tickets is strictly prohibited. The offender, in addition to the confiscation of the tickets, will be fined, especially if he is a regular or repeat reseller,” as explained in article 67.2 of the Royal Decree 2816/1982, of August 27.
In the event that you want to resell the tickets for a festival online, this regulation does not contemplate this possibility since it dates back to 1982. Therefore, “in accordance with the spirit of the regulation, it is logical that we adapt the literalness of the precept to the current context and to the current social reality in which such media do exist”, explains the lawyer for Legálitas, Eva Pereira. For example, many decide to “give away” tickets in exchange for a “pen”, although this fraud will be penalized as established by the Royal Decree.
However, the sale itself is not prohibited, but the resale, since the establishment that has the corresponding authorization of autonomy to carry out this activity will be able to carry out the sale.
Fines for reselling tickets
The Community of Madrid considers “the sale and resale on the street or itinerant of tickets, tickets or subscriptions and that carried out in breach of the provisions that regulate their commercialization” to be a serious infraction, as established in article 38.9 of Law 17/1997, of July 4, of Public Spectacles and Recreational Activities. Therefore, the fine for this offense is between 4,501 and 60,000 euros.
In Andalusia, the resale, street sale of tickets and seats or the perception of overprices higher than those authorized are also prohibited, “as well as the favoring of such illegal situations by the businessman or organizer of the show or recreational activity”, being typified in article 20.10 of Law 13/1999, of December 15, on Public Shows and Recreational Activities as serious. The fine provided for this offense is between 300.51 euros and 30,050.61 euros.
What happens if I resell the ticket because I can’t attend the event?
The regional laws and the state regulations do not distinguish whether it is a resale at the same or lower price, or at a higher price. Pereira asserts that “resale is prohibited in any of its modalities, tickets can only be sold with prior authorization, through authorized sales channels and with the maximum surcharge provided by current regulations.”
Resale is prohibited, regardless of whether it is reselling to a friend or relative to avoid losing the money invested or if you cannot attend the concert due to illness.
However, despite the fact that it is not legal, if a person decides to resell a ticket and is sanctioned, this may be appealed like any other administrative sanction. In the case of not being responsible for what is imputed to us and we have proof of this, “it is advisable to present allegations from the first notification you receive,” says the expert.
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