According to the legal framework in Brazil, the resale of sporting event tickets, at a price superior to the one indicated on the ticket, is prohibited by article 41-F of Law No. 10,671/2003 (the “Fan Statute”). Article 41-G of the Fan Statute considers it a crime to supply, deviate or facilitate the distribution of tickets for sale at a price superior to the one indicated on the ticket. In addition, according to article 16 of the FIFA World Cup™ General Law”, anyone who sells, offers, exposes for sale, negotiates, deviates or transfers tickets to the 2014 FIFA World Cup Brazil™ or uses tickets to the 2014 FIFA World Cup Brazil™ for advertising, sales or promotional purposes, as competition or sweepstakes prizes or uses the ticket availability for advertisement for these purposes is subject to civil sanctions and criminal penalties.
In addition, Section 4.1 of the General Terms and Conditions Relating to Tickets states: “TICKET HOLDERS MAY NOT SELL, OFFER FOR SALE, OFFER AT AUCTIONS, RESELL, DONATE, ACT AS COMMERCIAL AGENT FOR ANOTHER PARTY OR OTHERWISE TRANSFER THEIR TICKETS IN ANY WAY WITHOUT THE SPECIFIC PRIOR WRITTEN CONSENT OF FIFA.”
FIFA will cooperate with Brazilian and other governmental authorities to combat the dangers to consumers that arise out of the unauthorised sales of tickets to the 2014 FIFA World Cup Brazil™, and FIFA encourages consumers to report the unauthorized resellers to their local police and/or consumer protection authorities, as well as to FIFA. FIFA has appointed MATCH Services as its agent to manage its ticketing enforcement efforts. Working together with the appropriate Brazilian and other governmental authorities and MATCH Services, FIFA seeks to minimise the following types of harm to consumers:
• Consumers paying significantly higher than the official prices for tickets
The purposes for the rule limiting any Ticket transfers include: (i) event security, (ii) consumer protection and (iii) economic fairness as described in greater detail on www.FIFA.com/tickets.
These types of consumer harms are exacerbated by the significant number of unauthorised resellers who transact online. For some fans, who are truly passionate and determined to buy tickets, the lure of colourful, well-designed websites, developed by companies that are: (a) in the business of reselling tickets to other events (which they may have the legal right to resell), (b) offer refunds if they fail to deliver tickets, and (c) seem to have legitimate businesses, is just too hard to resist.
All Tickets available for the purchase by the general public are exclusively available on www.FIFA.com/tickets.
FIFA recognizes that Ticket Purchasers and their guests’ circumstances may change over time. Therefore, FIFA has an official Ticket Transfer and Resale platform online through www.FIFA.com/tickets which will be available in spring 2014. The Ticket Transfer element of the platform allows Ticket Purchasers to submit changes regarding the identities of their guests, in order to provide accurate data regarding substitute guests, from one of his/her original guests (whose details are held by the FTC pursuant to the original ticket application of the Ticket Purchaser) to another individual guest nominated by the Ticket Purchaser subsequent to the receipt of a Ticket Confirmation issued by FIFA. Any such guest must have a pre-existing relationship with the Ticket Purchase. The Ticket Resale element of the platform allows Ticket Purchasers to seek the potential resale of their tickets through www.FIFA.com. There is no guarantee that a Ticket submitted for resale will actually be resold. But if it is, the transaction will allow the Ticket to be legitimately acquired by a new Ticket Purchaser for the official price, and the original Ticket Purchaser will receive the amount originally paid by him or her, less a small fee. The fee is 10% of the price printed on the Face of a Ticket (Face Price), or the concessionary price paid by the Ticket Purchaser, if applicable, rounded up to the nearest dollar for each Ticket identified in the Ticket Resale Request that is actually resold, and less any bank charges if any payment has to be made to the Ticket Purchaser by bank transfer.