Viagogo selling non-existent concert ticket

Hauntedkop

Hi,


I ordered a ticket for my wife to attend a concert in Japan taking place on 10th March 2017 on Viagogo on 9th February 2017. Having received order confirmation from them, I proceeded to purchase plane tickets and reserved hotel accommodation for both of us for a trip to Japan. On 24th February, I received an email from Viagogo saying the following:


"We are contacting you regarding your order I]order number[/I for I]band name[/I on 10 March 2017.


We are very sorry to inform you that your order needs to be cancelled because of the event restriction. The event organiser only allowed people who purchased the tickets through official websites and there is no way that we can provide you the ticket you can use at the gate.


Therefore your transaction has been cancelled and you will be refunded the full purchase amount."


According to the reason being given, they were never in a position to provide me with the ticket. I am now out of pocket because I have already paid for a trip to Japan (which I would not have booked if I weren't able to get a ticket for the concert). I am also trying to get another ticket for the concert from another source which is likely to be at a much higher price.

Am I entitled to additional compensation other than a refund for the purchase amount I paid them (e.g. the higher price I have to pay for the concert ticket, plane ticket, hotel accommodation)? Is there an element of misrepresentation or negligence here?


Any advice would be much appreciated.

agrinnall

Even if you did have a valid claim for consequential loss, which I doubt, how would you go about making the claim? Are you familiar with the laws in Delaware, and prepared to travel there to appear in court?

Personally I doubt the entire story, I find it hard to believe that anyone would travel to Japan just to go to a concert, and certainly not without having bought legitimate tickets from the concert venue in the first place.

cono1717

Viagogo may just hold their hands up and say "How were we supposed to know it was going to be a fake ticket" and go down the "We're just a service provider" route.

Their T&C's show you may have a struggle

6.2 Waiver of Consequential Damages; Liability Limit. viagogo expressly disclaims any responsibility for any lost profits or special, consequential, incidental, or exemplary damages (including without limitation indirect and special damages) that may result from the services, the site, or the suspension, termination or malfunction of the services or the site. viagogo's liability to You or anyone else in any circumstance is limited to the lesser of (a) $250, and (b) the total value of all tickets and other items you bought and/or sold via viagogo during the action allegedly giving rise to liability. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you. Under no circumstances is viagogo liable for any additional costs You incur if you purchase tickets from a third party for tickets you were unable to purchase on viagogo.

6.3 Allocation of Risk. You acknowledge and agree that the foregoing disclaimers and limitations of liability represent reasonable allocations of risk, and that the pricing and other terms and conditions of this agreement reflect such allocations of risk.

Hauntedkop

agrinnall wrote: »

Even if you did have a valid claim for consequential loss, which I doubt, how would you go about making the claim? Are you familiar with the laws in Delaware, and prepared to travel there to appear in court?

Personally I doubt the entire story, I find it hard to believe that anyone would travel to Japan just to go to a concert, and certainly not without having bought legitimate tickets from the concert venue in the first place.

I thought that Viagogo is one of those "middle man" websites allowing people who have tickets to event to sell to other people who couldn't get tickets from the official channels.

We booked the trip to Japan because we thought that we have a ticket to the concert. Obviously, we will make it into a holiday and not just fly there for the concert and fly back. The point is that we wouldn't have booked the trip to Japan had we known that we wouldn't be able to go to the concert.


P.S. I once went on holiday to the States because of a concert.

Hauntedkop

cono1717 wrote: »

Viagogo may just hold their hands up and say "How were we supposed to know it was going to be a fake ticket" and go down the "We're just a service provider" route.

Their T&C's show you may have a struggle

Thank you for your response. They didn't say that the ticket is fake. They are saying that they can't provide the ticket because tickets must be obtained from the official website. It seems to me that they never had any tickets in the first place. Surely, for a website "specialised" in selling tickets to event, they should have checked this type of restriction before they proceeded to market the tickets (they apparently had 19 tickets when I ordered mine) on their website.