London Dungeon event - cancelled - financial claim

CountryBunk

Hello all

Last weekend myself and six friends travelled via train from the midlands to London specially to attend a late night event (on the 10th June) at the London Dungeon. The event was at 9pm therefore we arranged for an overnight stay and arrived 10 minutes early, as specified by instructions received. To our horror, upon arrival we were met with locked doors and shortly after our arrival, met by another two people also expecting to attend this event.

Having electronically contacted London Dungeon, we were told that there was not an event that night.

The Facts:
We purchased seven tickets, online (costing £29 each) 3 months prior, paying with credit card.
Having travelled specifically for this event, we incurred some £240 hotel costs and £120 train costs.
London Dungeon's own website (which I've found out is managed by See Tickets) advertised the 10th June event right up to the evening of 10th.
We received no email notification that the event had been cancelled (despite See Tickets claim). They have provided me with a screen shot of their automatic mailer issuing an e-mail to my mail address... however I did not receive this and believe that without a delivery or read receipt, this is not proof.

My aim
I want London Dungeon/See Tickets to refund me both for the event tickets and for my train and hotel costs incurred, which have been solely down to their errors.

They claim (See Tickets) that within their terms and conditions any changes to bookings are the responsibility of the Promoter (London Dungeon) and that they cannot guarantee to inform us of any change or cancellation of any event or be held responsible for refunds or for any resulting costs incurred for travel, accommodation or any other related goods or service or compensation.

Appreciate that this is a big e-mail, but I believe because their website continued to advertise the event right up to the date of it being held and because they did not try to inform us either by e-mail or by phone (they had both sets of details) I am within my rights - despite their terms and conditions - to request for a full refund and a fair level of incidental damages.

I'd really appreciate if someone could advise if there are specific statutory rights which override See Tickets claimed T&Cs and/or if I've a leg to stand on?

Chucky1234

It is quite clear that you entered a contract with them to perform X service at £X price.

Why have they cancelled? This is quite important. If for example it is due to the rain causing flooding meaning they were unable to perform the service, then this is classed as an 'act of god' and they would have likely covered it in their T&C's that they wouldn't be reasonable for any consequential losses to yourself. If this is the case I would suspect it would be a little more difficult. I believe they should still refund the cost of the tickets though so they are not making a profit off it. Someone will be along with more knowledge of this but this is my understanding of it.

If they have cancelled due to them just deciding they don't want to do it anymore then it is a lot simpler.

They have breached that contract so they should be liable for any reasonable costs incurred by yourself in order to put yourself in the position you would've been before the contract was made. With regards to the hotel, I presumed you still stayed in this, as you would as you have paid for it, so I believe it may be difficult to claim this back. Once again I'm not 100% sure so somebody else will be along with a bit more clarification soon.

CountryBunk

Hi.

Thanks for the quick response.

In short, no explanation has been given despite me requesting this numerous times, therefore I believe it is the simpler rather than more complex scenario.

glentoran99

I don't think you have any claim for consequential loss, You haven't actually lost anything

Chucky1234

glentoran99 wrote: »

I don't think you have any claim for consequential loss, You haven't actually lost anything

Would the OP not be able to argue that there was no need for him to incur travel and accommodation costs as they didn't provide the service? Especially since he was never told of the cancellation.

It's not clear cut because the OP did get use of the hotel which he paid for and therefore had to pay travel costs to get there.

Personally I would be very annoyed if the same happened to me.

I do think it's odd how they haven't even agreed to refund the tickets. Have they tried to reschedule them at all?

CountryBunk

They initially tried to reschedule but it's not something we can do wth a weeks notice unfortunately... And it's an expensive affair having that many people travel to London.

They have subsequently offered to refund the tickets only however have not accepted liability nor provided a reason as to why their was a cancellation.

I'd tend to agree about the hotel tickets however as per your point...

I just want to be clear where I stand from a consumer rights point of view before pushing them further.

boo_star

Is it possible their email ended up in your spam folder?

I do occasionally get legitimate bulk emails in mine.

CountryBunk

Nope.

Also another couple also turned up to this no show.

And finally more the last fact in my original post... Their website continued to advertise the event right up to the date it was being held

tomtontom

We received no email notification that the event had been cancelled (despite See Tickets claim). They have provided me with a screen shot of their automatic mailer issuing an e-mail to my mail address... however I did not receive this and believe that without a delivery or read receipt, this is not proof.

In a civil case proof of sending is generally sufficient - it is reasonable to assume that, on the balance of probabilities, a sent email was received.

You're entitled to a refund of the event tickets. Any claim for consequential loss is unlikely to be successful.

boo_star

CountryBunk wrote: »

Nope.

Also another couple also turned up to this no show.

And finally more the last fact in my original post... Their website continued to advertise the event right up to the date it was being held

That doesn't mean much in and of itself, they may not have accepted any bookings despite advertising, or may have automatically and then contacted people to tell them that it was indeed cancelled.

I'm not trying to excuse them, nor am I saying you have no rights. I'm just trying to explain why they may have continued advertising/taking money for it.

I'm of the opinion that you should at least receive a goodwill gesture for the accommodation. That may not be the full amount, but should be greater than £0.

bod1467

CountryBunk wrote: »

They initially tried to reschedule but it's not something we can do wth a weeks notice unfortunately

Who is "they"?

Are you saying that you were informed a week in advance that the event wanted to reschedule?

(This is important. Your claim hinges on this).