Enforceability of Ticket Transfer Restrictions in Thailand: A Contract and Consumer Protection Law Perspective

Abstract

          The increasing use of contractual restrictions on concert ticket transfers in Thailand raises critical legal questions regarding their enforceability under Thai contract and consumer protection law. This article examines the validity of non-transferability clauses within concert ticket agreements, assessing their compatibility with contractual autonomy, consumer rights, and judicial scrutiny of standard-form contracts. While Thai law upholds the principle of pacta sunt servanda, the Unfair Contract Terms Act B.E. 2540 (1997) and the Consumer Protection Act B.E. 2522 (1979) impose limits on unfair terms that disproportionately disadvantage consumers.

          This article argues that non-transferability clauses may constitute unfair contract terms, particularly when they impose excessive penalties, unjustifiably restrict consumer rights, or create significant imbalances in bargaining power. By analysing the legal nature of ticket transferability as the assignment of contractual claims under Section 306 of the Thai Civil and Commercial Code, the study finds that the legal enforceability of such clauses is potentially challengeable. A comparative analysis of EU and UK laws reveals that while legitimate business interests such as fraud prevention can justify certain restrictions, excessively broad resale bans may be invalidated when found disproportionate or anti-competitive. Drawing on these comparative perspectives, the article concludes that Thai judicial interpretations should adopt a rigorous proportionality assessment to effectively balance commercial justifications with consumer protection standards.

          By examining judicial interpretations and consumer protection mechanisms, this article highlights the need for stronger regulatory oversight to prevent excessively restrictive ticketing policies. It recommends that Thai courts strengthen their judicial scrutiny of such clauses, promote transparent and regulated resale mechanisms as effective tools for fraud prevention, and establish clearer statutory guidelines defining the permissible limits of contractual restrictions under Thai law.