05/04/2022
Heads up! On 4 April 2022, the Munich District Court decided that agencies are not allowed to offer and sell seats for the Oktoberfest 2022. This applies specifically to the Augustiner, the Bräurosl and the Hofbräu tents.
The agency justified its good faith, calling the "I Agree" button a "binding option purchase" ("verbindlicher Optionserwerb", let that one roll on your tongue) and not a sale. Customers are not being misled, much more they are being informed that they are not purchasing valid tickets to the Oktoberfest.
Let's get this clear: There is no such thing as a "ticket to the Oktoberfest".
The court did not follow the agency's reasoning, saying that "binding" implies the exact opposite; the customers gather the impression that the purchase of Oktoberfest tickets (see above, no such thing) is possible and binding. This is enforced by the offer of "express dispatch" on the web site.
The court decided that the agency's offer is misleading and an infringement of the unfair competition act as the agency could not provide a legally enforceable claim to a reservation in any of the tents mentioned, especially as long as a decision on the Oktoberfest's taking place is open. A mere option, as offered by the agency, must be clearly and unambiguously labeled as such; this was not undertaken by the agency.
The tents have been trying for years to crack down on the secondary reservations market where Oktoberfest reservations are offered at inflated prices in comparison to the actual charges by the tents.
Why am I telling you this? Because I don't work like these bloodsuckers. I ask for your preferences and try to offer you matching tables from the reservations that I make in my name. The tents that I cooperate with have my T&C and my price list, they know that I do not sell off single seats, and they know that I am in personal contact with every group that I seat.
The current chances of the Wiesn actually taking place this year are still up in the air. Not only are we contending with the ongoing pandemic, there is also a war going on within two hours' flight distance combined with a general appeal to conserve energy where possible. There is no consensus among the tent operators, with a minority advocating canceling the event while the speaker of the association of tent operators and its majority are supporting hosting the Wiesn with due consideration of higher energy and staff costs.
I will keep you posted.
Eine Agentur verkaufte online Festzeltreservierungen für die Wiesn – obwohl die vielleicht wieder ausfällt. Das LG München I untersagte den Verkauf nun.