£9 charge for cancelled tickets?

stormCat99

Hi,

I'd bought 2 tickets to see Kenny Rogers as a present for my dad. Unfortunately we've now been told that the event is cancelled due to him having health issues.

I paid £105.40 for the 2 tickets in total, but have only been refunded £96.40. That means I've paid £9 for the benefit of having been disappointed at the event being cancelled

Now, had it been ME that wanted to cancel, I could understand being charged an amount for ticket handling etc. But as the cancellation was out of my control and in fact has caused disappointment, I can't see how it's fair that I have been charged.

But I don't know what the legal stance is, do I have any rights here, or is it just hard luck? I don't want to take it up with them if there's no point.

I should mention that the tickets hadn't been sent to us yet, so all the ticketing company have done is to take our payment and pass our booking onto the events company.

Many thanks.

NotRichAtAll

personally i would want all my money back, its no fault of yours.

Tigsteroonie

So what does it say in that particular ticket company's Ts & Cs about refunds in the event of cancellation? You signed up to those Ts & Cs when you bought the tickets ...

shaun_from_Africa

Tigsteroonie wrote: »

So what does it say in that particular ticket company's Ts & Cs about refunds in the event of cancellation? You signed up to those Ts & Cs when you bought the tickets ...

Irrespective of signing up to those T&C's, you can't sign away your statutory rights.
The Consumer rights act states that if a retailer can't fulfil a contract for supplying goods or services, a full refund must be provided.

Tigsteroonie

I wonder if anybody has succesfully challenged the big ticket sellers then, as their Ts & Cs state that some fees may not be refunded as these have been incurred in making the booking; only the ticket price and, if tickets are not sent, the postage element would be refunded. (Sites checked - Ticketmaster and EventIM)

I'd be surprised to find the big ticket sellers contravening statutory rights, they would have been pulled up on this way before now.

stormCat99

Tigsteroonie wrote: »

So what does it say in that particular ticket company's Ts & Cs about refunds in the event of cancellation? You signed up to those Ts & Cs when you bought the tickets ...

Like most people I've not read these, but I'm pretty sure they'll say it's ok for them to charge certain fees even on cancellation.

That wasn't really the point of my question, it was more whether from a legal standpoint it was correct that they are able to do this. If so, then the company's own Ts and Cs would be irrelevant.

Of course if it is perfectly legal for them to follow this practice then I don't want to start any objection process with them as there would be no point, which is why I was hoping for help on here.

Thanks.

stormCat99

shaun_from_Africa wrote: »

Irrespective of signing up to those T&C's, you can't sign away your statutory rights.
The Consumer rights act states that if a retailer can't fulfil a contract for supplying goods or services, a full refund must be provided.

Interesting, thank you. I will dig out the specific wording around this and see if it is of any use.

shaun_from_Africa

These are the relevant bits:

28
Delivery of goods
(1) This section applies to any sales contract.

(2) Unless the trader and the consumer have agreed otherwise, the contract is to be treated as including a term that the trader must deliver the goods to the consumer.

(3) Unless there is an agreed time or period, the contract is to be treated as including a term that the trader must deliver the goods!!!8212;

(a) without undue delay, and

(b) in any event, not more than 30 days after the day on which the contract is entered into.

If the circumstances are that!!!8212;
(a) the trader has refused to deliver the goods,

(b) delivery of the goods at the agreed time or within the agreed period is essential taking into account all the relevant circumstances at the time the contract was entered into, or

(c) the consumer told the trader before the contract was entered into that delivery in accordance with subsection (3), or at the agreed time or within the agreed period, was essential,

then the consumer may treat the contract as at an end.

(9)
If the consumer treats the contract as at an end under subsection (6) or (8), the trader must without undue delay reimburse all payments made under the contract.

http://www.legislation.gov.uk/ukpga/2015/15/part/1/chapter/2/crossheading/other-rules-about-goods-contracts/enacted

photome

Tigsteroonie wrote: »

I wonder if anybody has succesfully challenged the big ticket sellers then, as their Ts & Cs state that some fees may not be refunded as these have been incurred in making the booking; only the ticket price and, if tickets are not sent, the postage element would be refunded. (Sites checked - Ticketmaster and EventIM)

I'd be surprised to find the big ticket sellers contravening statutory rights, they would have been pulled up on this way before now.

I think when Peter Kay cancelled his tour the ticket agencies tried to charge cancellation fees but when challenged , refunded in full

stormCat99

photome wrote: »

I think when Peter Kay cancelled his tour the ticket agencies tried to charge cancellation fees but when challenged , refunded in full

That's interesting. We also had Peter Kay tickets (I'm feeling very unlucky with all these cancelled events at the moment!), but were refunded the full amount paid included fees almost immediately without me needing to contact them.