TICKETMASTER: possibly breaking Sales of Goods Act? - Advice required

ferret

Please can somebody with a bit of legal knowledge help me on the following point:-


I purchased tickets for a concert through Ticketmaster.

4 days before the concert was due to take place, Ticketmaster wrote to me and said that the concert was cancelled and that I would receive a refund.

The refund has arrived but it is only for the concert tickets ... they have not refunded their "Processing Fee"


I telephoned to complain and was completeley stonewalled by a totally obnoxious tele-sales operator who told me that

a: They would not be refunding the "processing Fee"

b: They didn't have to refund my processing fee

c: I could not speak to his supervisor or any manager as they were all too busy and he wasn't going to bother them for something of this nature

d: the processing fee was to cover printing and postage

e: The tickets were printed and posted and I received them - hence I had received the service for which the processing fee applied.

f: Ticketmaster had incurred the costs of printing and postage and so somebody had to pay - what else did I expect?



I mentioned the Sales of Goods Act 1979 where postage refunds are covered, as well as the following statement ...

"The consumer is therefore entitled to claim for those losses which have arisen naturally from the breach, and for those losses which can fairly and reasonably have been made within the contemplation of the parties at the time the contract was made."


The fact that a concert might be cancelled is surely covered by the above clause and therefore any losses, including the processing fee, should be refunded.



If not, what is to stop anybody inventing 100's of ficticious concerts, "cancelling them", refunding the ticket price but keeping thousands of pounds of processing fees.

I reckon from this concert alone, Ticketmaster must have withheld around £40,000 in "processing fees"




After about 15 minutes of trying to make him see sense, or allow me to speak to a supervisor, the customer service operator then told me that I was wasting his time and that he was going to end the call -- which he promptly did by hanging up on me.



HELP - Advice please on next steps .... it is the principle of the matter here that I object to.

Ticketmaster are making thousands of pounds by ripping people off.

JohalaReewi

Have a chat with Citizen's Advice Bureau as to where you stand legally. If you have a case, you can sue for the loss using the small claims court, or the new MoneyClaim service https://www.moneyclaim.gov.uk/csmco2/index.jsp

danio_2

It's not just Ticketmaster, all of the Agents and even the Arenas direct only refund the face value of the ticket

dmg24

Did you book through their website? If so, this may be of some help to you:

http://www.ticketmaster.co.uk/legal/purchase.html

Ticket Terms and Conditions Point 4:

We regret that tickets cannot be exchanged or refunded after purchase unless the performance is cancelled. If a performance is cancelled, ticket holders will be offered seats at any rescheduled performance (subject to availability) up to the face value of the tickets or, if the ticket holder is unable to attend the rescheduled performance or the performance is not rescheduled, a full refund. Full refunds for tickets purchased prior to the date of the original event will be given up to the face value of the tickets purchased plus the relevant per ticket booking fee. In order to claim your refund, please apply in writing to your point of purchase. You must enclose your unused tickets. For accounting purposes this must be received within 28 days from the date of the cancelled performance. This does not affect your statutory rights.

But then it goes on to differentiate between the service charge and the order processing fee:

http://www.ticketmaster.co.uk/h/service_charges.html

Sorry ... I thought I'd found your answer, but looks like they are very careful in defining the various charges.

Still not sure where you stand legally ... will see what I can find out!

flufff

I'm still awaiting my "promised" refund after 7 phone calls.Guns n roses appeared 1hour 45mins late on stage.We had to leave to get our train.Can see police being too happy 12thousand people yes thats how many the arena held spilling out onto victoria with all trains gone.Parking only holds 777 and a handful of taxis.
Severely out of pocket after babysitters,cold drinks at arenas extorniate prices as little air conditioning and train tickets.My asthma has been horrific because of all smokers smog despite non smoking policy

dmg24

I'm still awaiting my "promised" refund after 7 phone calls.Guns n roses appeared 1hour 45mins late on stage.We had to leave to get our train.Can see police being too happy 12thousand people yes thats how many the arena held spilling out onto victoria with all trains gone.Parking only holds 777 and a handful of taxis.
Severely out of pocket after babysitters,cold drinks at arenas extorniate prices as little air conditioning and train tickets.My asthma has been horrific because of all smokers smog despite non smoking policy

This is a very different situation. Ticketmaster have acted as an agent for Guns n Roses, and so have acted as an intermediary in your claim. The OP is querying the fee charged by Ticketmaster as an agent.

flufff

Francine Hough is the customer servicesexecutive at MEN arena.
tel 0161 950 2069
Shes spoken to ticketmaster supervisors shes laying blame full on promotor.Arena wont take blame.
Anyone with issues with the arena I would ring her up because to me it seems she isnt doing her job.
Ive just rung for 8th time as hadnt received "promised" call back this morning.Still awaiting ticketmaster to get their act together for refund.

dmg24

I mentioned the Sales of Goods Act 1979 where postage refunds are covered, as well as the following statement ...

The SOGA 1979 does not appear to apply to this situation. You have purchased a service (the concert), not a good. The provision regarding postage would not apply even if the Act was applicable, as it refers to the repair or replacement of goods, not recission of contract.

Your situation is also not covered by the Consumer Selling (Distance Selling) Regulations, since concert tickets are not covered.

Though there is legislation regarding the provision of services, this applies more to tradesman, and when things go wrong, not when things don't happen at all.

The Ticketmaster website also states that the 'per order handling charge' is non refundable. Is this the charge that they have retained?

Sorry I can't offer something more positive, but I really don't think you have a case.

dmg24

Shes spoken to ticketmaster supervisors shes laying blame full on promotor.Arena wont take blame.

flufff,

Perhaps you should start a separate thread with your concern, as it is distracting from the OP's issue? Also perhaps not fair to publish someones direct phone number on here? However, the lady at MEN is absolutely correct.

If you wish for further information please start a new thread relating to your particular issue.

flufff

ive posted a contact number for them as they are alledgedly customer services if you read up.......however from my treatment by ticketmaster and arena I dont hold much confidence in them

ferret

DMG24 - thanks for the help ...

I have phoned trading standards and they are also of the opinion that I am powerless to act because of the way that they state the processing fee is non-refundable and that I "accepted" that condition when I ordered from them.


Anyway, I have now decided to open a ticket agency

I have 100,000 tickets for Guns n' Roses ... only £5 per ticket!!!!!
(n.b. plus a £25 non-refundable order processing fee)

If the concert does not go ahead for any reason then you will get a refund of the full ticket price.

Anyone interested?????