Resale
Oktoberfest
Reservierung.
Resale
Oktoberfest
Reservierung.
of
If you can’t get a table at the Oktoberfest, you can quickly find providers on the Internet who sell reservations for expensive money. But is this even allowed? And what happens if you turn up at the entrance to the festival tent with such a reservation?
The case: Secondary market for Oktoberfest tables
A large Munich festival tent operator, which runs a tent with more than 5,000 seats, only made table reservations via its own reservation portal. Anyone booking a table also had to purchase vouchers for food and drink worth at least 100 euros. The reservation itself was free of charge. The minimum purchase for a table of ten was around 598 euros.
Section 5 (4) of the operator’s reservation conditions expressly prohibited the reservation or the associated wristbands from being passed on at inflated prices, with the intention of making a profit or to commercial resellers. Sales via internet platforms were also prohibited, unless this was done via the official portal of the marquee operator.
The defendant event agency nevertheless operated a website that offered reservations in various marquees – including the marquee of the marquee operator. Interested parties were able to book not only whole tables, but also half tables or individual seats. The prices were considerably higher than those charged by the marquee operator herself. One of the plaintiff’s mystery shoppers paid 1,729 euros for six seats at a table for ten people, whereas the entire table had originally cost just under 598 euros.
Trivializing advice and questionable recommendations for conduct
The agency had placed an asterisk on its booking page to draw attention to the fact that, as a “secondary market provider”, it did not obtain the reservations directly from the marquee operator, but from private individuals. The agency also pointed out that the transferability of table reservations was “legally controversial” and could therefore lead to “inconvenience” when visiting the marquee. In this case, its customer service is available.
However, what the agency only told the buyers after the contract had been concluded was even more revealing. In an email shortly before the Oktoberfest, it advised its customers not to mention in the tent that they had purchased the reservation. This information should be “treated confidentially” and not taken into the marquee. Buyers should also not contact the tent’s reservation office.
The tent hosts would like to prevent the resale of reservations. Therefore, you should not mention in the presence of the waiter or other tent staff that you have purchased the reservation .
The court’s decision
With Judgment of 05.12.2025 – Ref. 3 HK O 16015/24 the Munich I Regional Court largely ruled in favor of the marquee operator. The core of the accusation: The agency’s offer gave the impression that buyers were given a securely enforceable claim to a table in the marquee. In reality, however, there was a serious risk of being turned away at the entrance without the agency’s customer service being able to do anything about it.
According to the court, an average consumer would understand the reference to “legal controversy” and possible “inconvenience” at best as a suggestion of a brief discussion with the staff on site, which can be resolved by calling customer service. However, the offer does not convey the fact that, in the worst-case scenario, the consumer will be left without access and without a table.
The court attached particular importance to the fact that the agency itself internally assessed the risk of rejection as serious, as can be seen from the email described. Anyone who advises their customers to conceal the origin of the reservation obviously knows that being found out can lead to real problems on site.
Effectiveness of the prohibition of resale
The court also confirmed that the ban on commercial resale agreed in the marquee operator’s reservation conditions was valid. The provision in clause 5 paragraph 4 of its terms and conditions was formulated in a way that was understandable for consumers and did not violate the transparency requirement of the German Civil Code. The court was not convinced by the agency’s argument that this clause was invalid.
Practical tips
Commercial resellers of Oktoberfest reservations or similar events with comparable conditions risk cease and desistletters and injunctions under competition law , especially if their offer downplays the actual risk of rejection.
Organizers such as marquee operators can effectively enforce the prohibition of resale in their reservation conditions. A holder of a reservation confirmation who is not the original contractual partner has no enforceable claim to admission.
The ruling expressly concerns commercial resale. The free distribution of reservation wristbands to accompanying persons remains permissible.
Conclusion
The ruling by Munich Regional Court I consistently continues the line that has been recognizable since the ruling from 2021 and sharpens it considerably: It is not sufficient to point out “legal controversy” if the actual extent of the risk – namely the complete refusal of admission on site – remains hidden. Competition law and consumer protection go hand in hand here.
The ruling provides important confirmation for event organizers and tent operators: Personalized reservation conditions with a clear prohibition on resale are effective and enforceable. For event agencies and ticket brokers operating in the secondary market, the ruling means a serious liability risk – not only towards the event organizers, but also in relation to their own customers.
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