PART 3Miscellaneous and General

CHAPTER 5Secondary ticketing

91Prohibition on cancellation or blacklisting

(1)This section applies where a person (“the seller”) re-sells, or offers for re-sale, a ticket for a recreational, sporting or cultural event in the United Kingdom through a secondary ticketing facility.

(2)An organiser of the event must not cancel the ticket merely because the seller has re-sold the ticket or offered it for re-sale unless—

(a)a term of the original contract for the sale of the ticket—

(i)provided for its cancellation if it was re-sold by the buyer under that contract,

(ii)provided for its cancellation if it was offered for re-sale by that buyer, or

(iii)provided as mentioned in sub-paragraph (i) and (ii), and

(b)that term was not unfair for the purposes of Part 2 (unfair terms).

(3)An organiser of the event must not blacklist the seller merely because the seller has re-sold the ticket or offered it for re-sale unless—

(a)a term of the original contract for the sale of the ticket—

(i)provided for the blacklisting of the buyer under that contract if it was re-sold by that buyer,

(ii)provided for the blacklisting of that buyer if it was offered for re-sale by that buyer, or

(iii)provided as mentioned in sub-paragraph (i) and (ii), and

(b)that term was not unfair for the purposes of Part 2 (unfair terms).

(4)In subsections (2) and (3)the original contract” means the contract for the sale of the ticket by an organiser of the event to a person other than an organiser of the event.

(5)For the purposes of this section an organiser of an event cancels a ticket if the organiser takes steps which result in the holder for the time being of the ticket no longer being entitled to attend that event.

(6)For the purposes of this section an organiser of an event blacklists a person if the organiser takes steps—

(a)to prevent the person from acquiring a ticket for a recreational, sporting or cultural event in the United Kingdom, or

(b)to restrict the person’s opportunity to acquire such a ticket.

(7)Part 2 (unfair terms) may apply to a term of a contract which, apart from that Part, would permit the cancellation of a ticket for a recreational, sporting or cultural event in the United Kingdom, or the blacklisting of the seller of such a ticket, in circumstances other than those mentioned in subsection (2) or (3).

(8)Before the coming into force of Part 2, references to that Part in this section are to be read as references to the Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999/2083).

(9)This section applies in relation to a ticket that is re-sold or offered for re-sale before or after the coming into force of this section; but the prohibition in this section applies only to things done after its coming into force.