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

bingo_bango

dmg24 wrote:

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.

Actually, that part of the statement will apply only to the Sale And Supply of Goods to Consumers Regulations 2002, which is an amendment of the Sale of Goods Act 1979 (SOGA). SOGA itself actually doesn't have the option of repair or replacement, only recission of contract or compensation.

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

Absolutely true.

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 Supply of Goods And Services Act 1982 applies to ALL services, and does cover the service not being performed. The problem that OP will face is that the service DID actually take place, and Ticketshafter will claim force majeure for the cancellation, allowing them to accept no liability for the fees. If OP had paid for the service, and they simply didn't bother/forgot to process his order, then he would be entitled to claim the 'processing fee'.

I have to agree with dmg24's assessment of your overall rights though. IMHO I don't think you'll have a leg to stand on here.

stugib

Take a look here:

http://groups.google.com/group/uk.legal.moderated/browse_frm/thread/ac532504ab1ac576/7d799a68e592d134#7d799a68e592d134
(Tiny version in case of problems (remove space): http://tiny url.com/jjw8f )

This was a bit more extreme than your case (though you don't mention how much you didn't get back AFAICS), but might help.

yeslek

i had a problem with another company last year where the booking fee's were £10 (eminem just do ya know)
i booked online through his website and only received face value back even though i had not yet receieved the ticket.
i emailed them and they said that booking is non-refundable (which i can understand) and so was postage (even though i had not had my tickets)

i think its disgusting that had i received the tickets i would then be forced out to cover postage to send them back.

i cant actually remember the name of the company but i think it was an american based one.

that said i had a problem with tickets arriving for the wrong date from seetickets and instead of saying i had to cover postage or arrange a venue pick up (it was like the wednesday before a monday show) then said to send the wrong ones back and any postage would be refunded and i wouldnot have to foot a bill for additional postage.
they didnt question it they were really nice an helpful about it.
i know ticketmaster would have rather arranged a venue pick up to save them the money