Ticketing terms under scrutiny as UEFA face defeat in Poland over “abusive” EURO 2012 policyKarol Laskowski LLM, Alex Haffner
- choice of Swiss law; the Ts&Cs were subject to Swiss law and to be interpreted in accordance to the Swiss law exclusively;
- the OCCP claimed that this clause may deprive the customer of its rights granted under the Polish law;
- the exclusive jurisdiction of the Swiss courts; under the Ts&Cs any disputes resulting from the Ts&Cs should be recognized by the courts in Nyon, Switzerland, however UEFA was also granted a right to initiate the proceeding in the place of residence of the customer;
- the OCCP stated that, in accordance with the Polish civil code, any clause that excludes jurisdiction of Polish courts in the relations with the customer is abusive;
- exclusion of UEFA’s liability for late delivery of tickets; under the Ts&Cs the tickets were to be distributed 2 weeks before the games, provided that UEFA had received payment, but UEFA excluded any liability for late delivery of the tickets and the customer’s right to receive any duplicate of the ticket(s) concerned;
- the OCCP argued that under the Polish civil code any clause that excludes or limits liability for non-performance of the contractual obligations by the customer’s contractor is abusive;
- UEFA’s right to make changes in the hours, dates and venue for the games as a consequence of any unforeseen events, including Force Majeure, problems related to security, or a decision by FIFA’s or any other relevant authorities,
- the OCCP stated that in accordance to the Polish civil code any clause that gives customer’s contractor right to unilaterally change the terms of the agreement without proper justification is abusive;
- a one-sided right for UEFA to change the seat allocated to the customer during the game without giving any reason; under the T&Cs every ticket-holder should take the seat indicated on the ticket, however every ticket-holder is obliged to change its seat upon request of the event safety/protection personnel, stewards or police;
- as above the OCCP argued that any clause that gives customer’s contractor right to unilaterally change the terms of the agreement without proper justification is abusive; and
- UEFA's right to claim a contractual penalty in the amount of EUR 5000 for any breach of the Ts&Cs; under the Ts&Cs in case of any breach of the Ts&Cs the consumer was obliged to pay a non-negotiable contractual penalty of five thousand euro for the purpose of covering damages incurred and the commitments made under the Ts&Cs and any relevant laws;
- the OCCP argued that such an excessive contractual penalty was abusive.
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- Tags: Commercial Law | Contract Law | EURO 2012 | Europe | Football | Governance | Intellectual Property | Poland | Regulation | UEFA
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