Events company moved date, venue and line-up; no refunds. Help!

AlpineJoe
AlpineJoe Posts: 5 Forumite
edited 30 September 2018 at 10:26PM in Theatre, concert & events tickets
Thousands of people attend the Sci-Fi Weekender festival every March in Pwhelli, Wales. It is a 3 day science-fiction convention at a holiday camp site, with panel guests and speakers from film and television.

After taking deposit/bookings in May, in July the events company Chic Festivals informed customers that the Haven campsite had to pull out of the event and that a new one would be sought.

Late September an announcement was made.
1. The date had been moved from March 2019 to October 2019
2. The venue had been moved from Pwhelli, Wales to Vauxhall, Great Yarmouth
3. The line-up at this event was yet to be announced.

The tickets and accommodation have been transferred to the event in Great Yarmouth

As compensation, the events company have allowed customers to apply for free tickets for a second event on the original dates in March, with the original line-up of guests as advertised, in Sheffield arena, but with no accommodation. They had, afterall, booked celeb/guests for those dates who presumably could not reschedule. Again, we had to apply for free tickets to this event, as a "bonus".

However, for those not able to attend Great Yarmouth or wishing to cancel their booking, Chic Festivals / Ibiza Hospitality (who I cant find any info on) are refusing refunds. Their terms and conditions on the Sci-Fi Weekender website are as follows:
If We Make Any Major Alterations To Your Booking
We try very hard to provide all facilities and entertainment as advertised on our website. It may, however be necessary to make some alterations in advance of the Event. If any major change is necessary, we will endeavour to advise you in writing as soon as possible. See options listed below. Please see next section for minor or last minute alterations.

Ibiza Hospitality reserve the right to change, line up, date, location, amenities as long as they are of a similar or higher standard than originally booked. Your pass is to the Event and is not dependent or conditional on any particular performers(s), venue(s) or DJ(s).

You will have the following options if we make a major change to your booking if it involves a downgrade in facilities or standards

• accept the alternative arrangements as notified to you.
* change the booking to an alternative Ibiza Hospitality event or future event that you specifically reserved.

Do consumers have any leg to stand on if an organiser changes the date, venue and line-up of an event?!

If anyone has any information, you won't just be helping me out, but potentially hundreds of others! :beer:

Comments

  • waamo
    waamo Posts: 10,298
    First Post First Anniversary Name Dropper
    Forumite
    Assuming this was paid for on a card of some description then the best bet is to see if the card issuer will do a chargeback.
  • I expect some people payed on credit cards, but many will have paid via Direct Debit.

    I have been looking into Unfair Terms under the 2015 Consumer Rights Act also, and after reading the T&Cs on the website it definitely looks like there may be a breach of Article 62(4) under Unfair Terms as they contravene Schedule 2 Part 1 listings (3), (11), (12) and (13). I'm not sure how to legally pursue this, though.
  • waamo
    waamo Posts: 10,298
    First Post First Anniversary Name Dropper
    Forumite
    You would need to send a Letter Before Claim setting out what resolution you expect (I would imagine this is a full refund) and the timeframe this is to be done by. The usual timeframe is 14 days as this is the minimum but you can opt for longer.

    If they don't comply you issue a small claim.

    Is the company based in England or Wales? If not it gets more complicated.
  • Humdinger1
    Humdinger1 Posts: 1,877
    First Anniversary First Post Name Dropper
    Forumite
    edited 1 October 2018 at 5:16PM
    Alpine

    As a former event organiser I think they have to reimburse you. I ran trade events so visitors had free entry with only the exhibitors paying but if you moved dates and/or venue the contract was void. I think as said up thread a charge back is the easiest- I did this successfully recently with a virtual group that was due to start on line seminars with users in a virtual room collaborating. If I can get a 100% refund for this then the case for an in real life gig is even stronger. Talk to your credit card or bank first then maybe try Trading Standards if no joy. Keep us posted Humdinger

    PS No-one ts and cs can over-write the law.
  • Unfortunately the events company Chic Festivals are sticking to their guns and denying the refund.

    They claim that the original event is going ahead on the same dates, with the same line-up, without accommodation, and despite the venue moving from North Wales to Sheffield. The moving of an event and removal of accommodation alone I would have thought would be grounds to accept refunds.

    But in actuality, the event is both ticket and accommodation in the same purchase. Both ticket and accommodation have transferred to the Great Yarmouth event in October by default. Customers must apply for for the Sheffield date. This appears to be an attempt to avoid paying out refunds.

    Reply here:
    h t t p s : / / i . i m g u r . c o m / x 4 e z 6 v p . j p g
    (I'm not allowed to post links or images yet :( )
  • Do you have any specific legislation in which you were compelled to offer refunds if the event moved venue/was postponted or otherwise fundamentally altered?
    Humdinger1 wrote: »
    Alpine

    As a former event organiser I think they have to reimburse you. I ran trade events so visitors had free entry with only the exhibitors paying but if you moved dates and/or venue the contract was void. I think as said up thread a charge back is the easiest- I did this successfully recently with a virtual group that was due to start on line seminars with users in a virtual room collaborating. If I can get a 100% refund for this then the case for an in real life gig is even stronger. Talk to your credit card or bank first then maybe try Trading Standards if no joy. Keep us posted Humdinger

    PS No-one ts and cs can over-write the law.
  • Just to update people, I have used the Which? template letter challenging a company's unfair contract terms. I will let you know how this pans out.
    [Your address]

    [Company/ supplier address]

    Dear ______

    [Reference: contract number or service reference number]

    I refer to our previous e-mail exchange in which you have stated your contract allows you to not provide a refund due to "the event still going ahead, on the same dates in Sheffield and then we're also offering you a 2nd event in October".

    Specifically you seek to rely on the following term in the contract on your website:
    "Ibiza Hospitality reserve the right to change, line up, date, location, amenities as long as they are of a similar or higher standard than originally booked. Your pass is to the Event and is not dependent or conditional on any particular performers(s), venue(s) or DJ(s)."

    I consider that this term is unfair pursuant to the Consumer Rights Act 2015 for the following reasons:
    1. The event has moved location
    2. The event no longer includes any accommodation for which I have paid
    3. I must apply for a ticket to the Sheffield event, it is not given by default
    4. My ticket and accommodation have been transferred by default to the 2nd event in October, not the Sheffield event.

    By not allowing a refund despite significantly changing the contract after it has been entered into by the consumer, I believe Chic Festivals are likely giving me as a consumer unbalanced rights due to the change in goods and services, breaching the 2015 Consumer Rights Act Article 62(4) on Unfair Terms as they contravene Schedule 2 Part 1 list of terms (3), (11), (12) and (13).

    For the reasons stated above, this term is not enforceable against me.

    The consequence of the term not being enforceable is that I am entitled to a full refund.

    I look forward to hearing from you in the next 14 days.

    Yours faithfully,
    [Your Name]
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 342.5K Banking & Borrowing
  • 249.9K Reduce Debt & Boost Income
  • 449.4K Spending & Discounts
  • 234.6K Work, Benefits & Business
  • 607.1K Mortgages, Homes & Bills
  • 172.8K Life & Family
  • 247.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards