The EU is tightening requirements for the statutory right of withdrawal: In the future, consumers must be able to cancel a contract just as easily as they concluded it. One click to buy – one click to cancel. This sounds like a significant effort for anyone selling tickets online.
It is no wonder that this topic is causing unrest in the event industry. However, those who organize conferences and professional meetings can breathe a sigh of relief in most cases. This is because the right of withdrawal generally does not apply to conference tickets, and the usual cancellation fees apply instead.
Why the right of withdrawal is irrelevant for most organizers
Argument 1: B2B business is exempt from the right of withdrawal
The statutory right of withdrawal is a consumer protection instrument. It applies exclusively to the relationship between a business and a consumer – the so-called B2C sector.
Anyone selling tickets to companies, government agencies, or freelancers is operating in the B2B sector. The right of withdrawal does not apply there from the outset. For the vast majority of professional and industry conferences, this is the reality: the buyer is typically a company sending employees to the event.
Conclusion: If your tickets are primarily sold to companies, this topic is simply not relevant to you.
Argument 2: Leisure events with fixed dates – the statutory exception
But what if private individuals also buy tickets? Then the right of withdrawal could theoretically apply. However, there is a clear statutory exception here as well.
The German Civil Code (Section 312g (2) No. 9 BGB) excludes contracts for "the provision of services in the fields of accommodation for purposes other than residential purposes, transport of goods, car rental, delivery of food and beverages, and the provision of other services related to leisure activities" from the right of withdrawal – provided a specific date or period is agreed upon.
In practice: Conference tickets always have a fixed date. They therefore fall under this exemption. The right of withdrawal does not apply.
The phrase "related to leisure activities" still causes uncertainty for many organizers. Intuitively, they would not classify their congress as a "leisure activity." However, one should critically examine what "leisure" actually means in this context.
We find it logical to interpret this as a distinction from the B2B context: leisure as the opposite of working hours. The latter would be a B2B case, where there would generally be no right of withdrawal anyway. Everything that does not take place during working hours would then be classified as leisure.
Equating leisure with pleasure may be intuitive and common in everyday language. However, for the correct legal interpretation, this does not seem to be the right approach.
Conclusion: Even if individual private persons buy tickets, the fixed event date generally protects you from the right of withdrawal.
What this means in practice
This combination of two arguments makes the new EU regulation largely inconsequential for the typical conference organizer:
- B2B: No right of withdrawal because no consumer is involved.
- B2C with a fixed date: No right of withdrawal because the statutory exception applies.
Important exceptions
If services are offered without a specific time frame, such as permanently accessible video-on-demand recordings of presentations, consumers generally have a right of withdrawal in these cases. The exemption for fixed dates does not apply here.
Our recommendation
We still recommend discussing this topic with your legal counsel—especially if your target audience includes private individuals or if your ticket sales involve hybrid formats. Legal assessments can vary on a case-by-case basis. We are not lawyers and therefore cannot and may not provide binding legal advice.
The good news is that you can enter this conversation with strong arguments that no significant action is required.
Conclusion
When it comes to conference tickets, there are two compelling arguments against a right of withdrawal: the B2B relationship and the statutory exemption for leisure events with fixed dates.
Understanding this allows you to follow the current discussion with more peace of mind.
