MFest Festival Cancelled: Incurred Costs and Consumer Rights?

DJBenson

Morrisons, in association with a couple of partners organised a music festival for the weekend of the 7/8 July. It was a bit of a niche festival, with mainly 80's bands and a couple of b-list bands from now.

We bought two weekend tickets (£95 each + booking fee - total £214) a couple of months ago, and booked rooms at Holiday Inn Express totalling another £150.

We have just learnt that the event has been cancelled "due to the weather" (more likely poor ticket sales seeing as they couldn't give them away in Morrisons stores, despite trying) and are now left wondering where we stand.

Ticketline (their official partner) state they will refund only the face value so we'd lose about £25 there, and the hotel rooms are non refundable.

Not sure if it makes a difference but I paid for the lot on a credit card, so both the event and hotel are above the threshold for a section 75 claim if indeed it is valid.

Over to you? Are we screwed or should I fight?!

bod1467

First things first - I don't think they can legitimately retain ANY fees collected for the event; not even the booking fee; if THEY have cancelled. (Booking fees are enough of a scam as it is, without them being non-refundable!)

As to the hotel costs - check the T&Cs of the festival ticket sales; they probably exclude any liability for consequential losses.

wealdroam

Section 75 probably won't help.
It's not the total bill that needs to be over £100, but each item.

Have a read of MSE's Section 75 Refunds article for more detail.

vax2002

Someone who works in a hotel in the city told me the rooms for the artists had been cancelled on Monday, thought they were kidding.
So it looks like the weather has provided a convenient excuse.

DJBenson

wealdroam wrote: »

Section 75 probably won't help.
It's not the total bill that needs to be over £100, but each item.

Have a read of MSE's Section 75 Refunds article for more detail.

So - Ticketline - £224 check!
Holiday Inn - £150 check!

EDIT: I see, ticket cost = £95, so regardless of fee's, is less than £100 even though I bought 2 from the vendor

EDIT2: The article suggests if the two items are purchased as part of a single transaction, then I am covered, so the two tickets, a single transaction, are greater than £100.

To be fair, the ticket agent should refund the ticket costs, but I will chase them for the fee's too...hotel costs are slightly more frustrating.

DJBenson

From the article;

"Last year I purchased concert tickets for myself and a friend. The concert was postponed but while the tickets were still valid, I'd also spent £230 on train tickets and hotel accommodation.

I contacted the rail companies and the hotel to ask for a refund, only to be told that they we're non refundable so I contacted my credit card company quoting the consumer credit act and asked for a refund.

This morning to my surprise I received a letter from my credit card company offering me a full refund of £230."

:T

arcon5

DJBenson wrote: »

From the article;

"Last year I purchased concert tickets for myself and a friend. The concert was postponed but while the tickets were still valid, I'd also spent £230 on train tickets and hotel accommodation.

I contacted the rail companies and the hotel to ask for a refund, only to be told that they we're non refundable so I contacted my credit card company quoting the consumer credit act and asked for a refund.

This morning to my surprise I received a letter from my credit card company offering me a full refund of £230."

:T

This example seems to be on the assumption the tickets individually cost more than £100.

Also in the article it states

The law is plain; the £100 is for the cash value of a 'single item'

It goes on to clarify this point with the following example:

Fly to Traveltown with Holidayair on flights costing £99 outbound and £9.99 back, and while it's over £100 in total, as no single ticket was over £100 you're not protected. Yet if Holidayair had only sold return journeys and you bought a specific £109 return ticket then you would be covered.

CoolHotCold

Bingo others are right, As all your individual items are less than £100 your Credit Card won't cover it.
Tickets £95
Booking fee £12
Hotel £150 split over several nights I assume (and so each night is worth £X)

Plus I doubt you could claim on the Hotel from the Credit card anyway, as it wasn't a package deal and theres nothing stopping you from getting to the hotel and fulfilling what you've paid for.

If the Concert was £101 for your ticket than maybe (though you couldn't claim for the other ticket as it doesn't belong to you) you have a case for concequencial(SP) loss.

As it stands you should be entitled to your refund on the £214 for the tickets and its down to goodwill for the hotel

DJBenson

Clear as mud then

I take your points, but I'll still have a bash, if the example above is a real one, which artist charges > £100 for a concert ticket? It also mentions booking for friends, and claiming for consequential loss - almost identical to my scenario (the big difference being my event is cancelled not postponed).

Cheers folks, I'll see what MBNA have to say about it in the morning

Looksguywalker

DJBenson wrote: »

Clear as mud then

I take your points, but I'll still have a bash, if the example above is a real one, which artist charges > £100 for a concert ticket? It also mentions booking for friends, and claiming for consequential loss - almost identical to my scenario (the big difference being my event is cancelled not postponed).

Cheers folks, I'll see what MBNA have to say about it in the morning

Stevie Wonder & Lisa Minnelli to name two!

unholyangel

CoolHotCold wrote: »

Bingo others are right, As all your individual items are less than £100 your Credit Card won't cover it.
Tickets £95
Booking fee £12
Hotel £150 split over several nights I assume (and so each night is worth £X)

Plus I doubt you could claim on the Hotel from the Credit card anyway, as it wasn't a package deal and theres nothing stopping you from getting to the hotel and fulfilling what you've paid for.

If the Concert was £101 for your ticket than maybe (though you couldn't claim for the other ticket as it doesn't belong to you) you have a case for concequencial(SP) loss.

As it stands you should be entitled to your refund on the £214 for the tickets and its down to goodwill for the hotel

But if the booking fee is non avoidable and per ticket, it could be considered as part of the ticket cost? Therefore pushing it over the £100 limit?

Either way, doesnt hurt to raise that question with the card issuer if need be.

Does the terms and conditions of the sale state anything about weather permitting? I mean to me, for an outdoor festival.....weather is not something they could not have comtemplated. However, it still isnt within their control.