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  • FIRST POST
    • CatDaly
    • By CatDaly 2nd Oct 17, 1:22 PM
    • 2Posts
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    CatDaly
    Viagogo mis-selling?
    • #1
    • 2nd Oct 17, 1:22 PM
    Viagogo mis-selling? 2nd Oct 17 at 1:22 PM
    I recently purchased tickets from Viagogo, not realising it was a third party market place. I googled the artist and venue to see was selling tickets and they came up first, so I proceeded to buy the tickets. Once in the basket, I realised the price was much higher than I expected but was being told that the venue had almost sold out so proceeded with the purchase. Once I realised I didn't have a seat reservation I began to panic. When I checked on the venue website, I realised I had paid more than double, and there are still tickets available. Although I did not read the terms and conditions - the timer was ticking down, at no point did the website clearly say what it was, in my opinion. It behaved the same way Ticket Master or See tickets behave. Do I have any right to a refund - I seriously feel like I have been mis-sold these tickets, or does the fact I didn't read the T&C's mean I have no rights to complain? I have written to Viagogo and they have simply explained who they are and that my tickets are guaranteed.
Page 1
    • waamo
    • By waamo 2nd Oct 17, 8:12 PM
    • 2,136 Posts
    • 2,553 Thanks
    waamo
    • #2
    • 2nd Oct 17, 8:12 PM
    • #2
    • 2nd Oct 17, 8:12 PM
    You bought the tickets at a price you were happy with at the time. Viagogo are ticket touts based in Switzerland. Your chances of getting your money back are slim to none.

    Some people have been known to get a refund if they have been refused entry to a venue. That might be the only way of getting a refund.
    This space for hire.
    • Haztay35
    • By Haztay35 6th Oct 17, 11:52 AM
    • 1 Posts
    • 0 Thanks
    Haztay35
    • #3
    • 6th Oct 17, 11:52 AM
    • #3
    • 6th Oct 17, 11:52 AM
    I was scammed by this company as well and so I know how you feel. When I saw the price a pop up asked if I wanted to continue to buy them and I clicked no and a survey popped up asking me why I did not want them and I ticked they were too expensive and I was under pressure to buy them, but the sale went through anyway. I have emailed them several times saying I had not agreed to buy them but they keep just saying that they don't offer refunds. I guess it's an expensive lesson.
    • CKhalvashi
    • By CKhalvashi 6th Oct 17, 7:32 PM
    • 8,791 Posts
    • 25,033 Thanks
    CKhalvashi
    • #4
    • 6th Oct 17, 7:32 PM
    • #4
    • 6th Oct 17, 7:32 PM
    I was scammed by this company as well and so I know how you feel. When I saw the price a pop up asked if I wanted to continue to buy them and I clicked no and a survey popped up asking me why I did not want them and I ticked they were too expensive and I was under pressure to buy them, but the sale went through anyway. I have emailed them several times saying I had not agreed to buy them but they keep just saying that they don't offer refunds. I guess it's an expensive lesson.
    Originally posted by Haztay35
    So, how did Viagogo get your card details? I'm assuming they're not telepathic.....

    The company isn't a scam, they legitimately re-sell tickets. Just because I don't agree with their business model on a personal level doesn't mean they're not a legitimate company.
    "I kada sanjamo san, nek bude hiljadu raznih boja" (L. Stamenkovic)

    Call me Remainer or Romaniac, but not Remoaner. It's insulting and I have the right to have my voice heard too.

    I can spell, my iPad can't.
    • CKhalvashi
    • By CKhalvashi 6th Oct 17, 7:36 PM
    • 8,791 Posts
    • 25,033 Thanks
    CKhalvashi
    • #5
    • 6th Oct 17, 7:36 PM
    • #5
    • 6th Oct 17, 7:36 PM
    I recently purchased tickets from Viagogo, not realising it was a third party market place. I googled the artist and venue to see was selling tickets and they came up first, so I proceeded to buy the tickets. Once in the basket, I realised the price was much higher than I expected but was being told that the venue had almost sold out so proceeded with the purchase. Once I realised I didn't have a seat reservation I began to panic. When I checked on the venue website, I realised I had paid more than double, and there are still tickets available. Although I did not read the terms and conditions - the timer was ticking down, at no point did the website clearly say what it was, in my opinion. It behaved the same way Ticket Master or See tickets behave. Do I have any right to a refund - I seriously feel like I have been mis-sold these tickets, or does the fact I didn't read the T&C's mean I have no rights to complain? I have written to Viagogo and they have simply explained who they are and that my tickets are guaranteed.
    Originally posted by CatDaly
    No you don't have a right to a refund unless the venue or date have changed, you're refused entry to the venue or the event has been cancelled.

    If one of the above has happened, you will be entitled to a refund of the face value of the ticket, but not any additional fees.

    You have not been mis-sold anything, however you may have mis-bought. That is not the fault of the event promoter nor is it either the promoter or Viagogo's fault that you didn't read the terms and conditions. You will have confirmed you agree to them as part of the process.

    You do, however, have a right to complain, however that will not give you a legal right to a refund.
    "I kada sanjamo san, nek bude hiljadu raznih boja" (L. Stamenkovic)

    Call me Remainer or Romaniac, but not Remoaner. It's insulting and I have the right to have my voice heard too.

    I can spell, my iPad can't.
    • KatherineCardill
    • By KatherineCardill 7th Oct 17, 9:47 PM
    • 8 Posts
    • 7 Thanks
    KatherineCardill
    • #6
    • 7th Oct 17, 9:47 PM
    • #6
    • 7th Oct 17, 9:47 PM
    No you don't have a right to a refund unless the venue or date have changed, you're refused entry to the venue or the event has been cancelled
    That's not actually true. See Consumer Contracts Regulation 2013, part 3, paragraph 29.1: "29.—(1) The consumer may cancel a distance or off-premises contract at any time in the cancellation period without giving any reason, and without incurring any liability ..."


    The fact that ViaGoGo is refusing to comply just makes it harder, but you should persist.
    Last edited by KatherineCardill; 07-10-2017 at 9:50 PM.
    • CKhalvashi
    • By CKhalvashi 8th Oct 17, 10:00 AM
    • 8,791 Posts
    • 25,033 Thanks
    CKhalvashi
    • #7
    • 8th Oct 17, 10:00 AM
    • #7
    • 8th Oct 17, 10:00 AM
    That's not actually true. See Consumer Contracts Regulation 2013, part 3, paragraph 29.1: "29.—(1) The consumer may cancel a distance or off-premises contract at any time in the cancellation period without giving any reason, and without incurring any liability ..."


    The fact that ViaGoGo is refusing to comply just makes it harder, but you should persist.
    Originally posted by KatherineCardill
    I did post a reply earlier, it seems to have disappeared.

    Ticket sales, where the contract provides for a specific date or period for performance, are exempt from the consumer cancellation rights set out in the Consumer Contracts Regulations.

    Other parts of the legislation applies to the sale of tickets however there is a specific exemption for the sale of the tickets themselves.
    "I kada sanjamo san, nek bude hiljadu raznih boja" (L. Stamenkovic)

    Call me Remainer or Romaniac, but not Remoaner. It's insulting and I have the right to have my voice heard too.

    I can spell, my iPad can't.
    • KatherineCardill
    • By KatherineCardill 8th Oct 17, 11:20 AM
    • 8 Posts
    • 7 Thanks
    KatherineCardill
    • #8
    • 8th Oct 17, 11:20 AM
    • #8
    • 8th Oct 17, 11:20 AM
    where the contract provides for a specific date or period for performance, are exempt from the consumer cancellation rights
    I disagree. You are reading paragraph 28.1h, which relates to "the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance". This doesn't apply to ticket sales.

    Even if it is exempt (which I don't believe), ViaGoGo's "performance of the contract" is the provision of tickets, and at no point during the sales process did ViaGoGo state the date of delivery.


    Also, they're in breach of plenty more sections of the regulation than just this clause, see my previous post.


    No point arguing the toss with you about this though, I'll let the court decide!
    Last edited by KatherineCardill; 08-10-2017 at 11:24 AM.
    • CKhalvashi
    • By CKhalvashi 8th Oct 17, 1:03 PM
    • 8,791 Posts
    • 25,033 Thanks
    CKhalvashi
    • #9
    • 8th Oct 17, 1:03 PM
    • #9
    • 8th Oct 17, 1:03 PM
    I disagree. You are reading paragraph 28.1h, which relates to "the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance". This doesn't apply to ticket sales.

    Even if it is exempt (which I don't believe), ViaGoGo's "performance of the contract" is the provision of tickets, and at no point during the sales process did ViaGoGo state the date of delivery.


    Also, they're in breach of plenty more sections of the regulation than just this clause, see my previous post.


    No point arguing the toss with you about this though, I'll let the court decide!
    Originally posted by KatherineCardill
    I've had a look through your posting history and it doesn't tally with the legal advice I've received in the course of my own business activities.

    If you do take Viagogo to court then I'd be interested to see the result. If you were taking me (or legally speaking a company that I'm involved with) to court then I would fight the matter based on the advice I've been given.

    Just so I can't be accused of any conflict of interest, I have no affiliation to Viagogo, however I do act as a principal for live event tickets as part of my business activities.
    "I kada sanjamo san, nek bude hiljadu raznih boja" (L. Stamenkovic)

    Call me Remainer or Romaniac, but not Remoaner. It's insulting and I have the right to have my voice heard too.

    I can spell, my iPad can't.
    • waamo
    • By waamo 9th Oct 17, 3:57 PM
    • 2,136 Posts
    • 2,553 Thanks
    waamo

    No point arguing the toss with you about this though, I'll let the court decide!
    Originally posted by KatherineCardill
    How good is your knowledge of the Swiss small claims system? Can you claim for things like your hotel in Geneva?

    They are Swiss based with no physical presence in the UK. A claim might prove tricky.
    This space for hire.
    • KatherineCardill
    • By KatherineCardill 28th Oct 17, 11:55 PM
    • 8 Posts
    • 7 Thanks
    KatherineCardill
    Which part of "not arguing the toss" do you not understand? Or do you just enjoy spreading negativity and having the last word, as I see from your posts on other threads.


    It's just a case of doing your research and suing the right people. Cat Daly, I have a legal action pending right now, I'll let you know how I get on.
    • BorisThomson
    • By BorisThomson 29th Oct 17, 2:53 PM
    • 538 Posts
    • 885 Thanks
    BorisThomson
    Which part of "not arguing the toss" do you not understand? Or do you just enjoy spreading negativity and having the last word, as I see from your posts on other threads.


    It's just a case of doing your research and suing the right people. Cat Daly, I have a legal action pending right now, I'll let you know how I get on.
    Originally posted by KatherineCardill
    What point of "wrong jurisdiction" do you not understand?
    • Ian.DR
    • By Ian.DR 30th Nov 17, 8:38 PM
    • 2 Posts
    • 0 Thanks
    Ian.DR
    would be interested to hear how this goes as we have just been scammed by these people tonight.
    • PaulDale
    • By PaulDale 9th Dec 17, 12:06 AM
    • 2 Posts
    • 0 Thanks
    PaulDale
    Sorry to hear you were also scammed, Ian. Have you seen Facebook group Victims of Viagogo? Also you could follow the step by step advice given by fanfair alliance / Claire Turnham. Google them and the document name:
    VofV_Guidance.pdf
    (As a new user I can't post links yet).
    Fan Fair Alliance is a music industry group working to stop this secondary ticket market ripping people off.
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