Secret Cinema tickets - Purchased based on misleading information

tomwestwood85

Hi, first post on here!

I am having some issues with 2 tickets I purchased from Secret Cinema, and wanted to get some advice opinions on here to see where I stand.

To cut a pretty long story short, I purchased two tickets to their upcoming Dirty Dancing event (26th July 2020) for my partner for Christmas as a surprise gift. I knew she had been to secret cinema before whilst we lived in London and enjoyed it, and she's a huge fan of Dirty Dancing, so I figured it would be a nice gift for her. I did vaguely remember her going to another Dirty Dancing thing whilst we were down there, so before purchase (the day before they went on sale) I went onto the Secret Cinema website just to make sure she hadn't been to this particular film before.

I hopped onto their website and visited the 'Previous Worlds' section on the 11th of December (secret cinema website > previous-worlds link - I can't post links as it's my first post! - I have a web history entry for this as proof), where the header reads 'No secret world is the same'. Scroll down and you will see there is no reference to any previous showing of Dirty Dancing. In my mind that confirmed there is no way she could've been to this screening before as it had never happened, right?

Purchased tickets on the 12th December.

Gifted the tickets to my partner on Christmas day as her main present, and she was visibly a bit sad. Turns out she had already been to see Dirty Dancing at Secret Cinema back in 2016! I thought maybe I'd made a mistake, so went back on their website but there is definitely no reference to any previous Dirty Dancing screening. There still isn't now.

As an edge case, I figured I would e-mail them the next day (Boxing day) and explain the situation, which obviously they would understand given the information on their website is somewhat misleading. I'd done everything on my part to ensure I wasn't buying something she'd been to before, and literally purchased the tickets based on the information on their previous worlds page. Sadly, they weren't up for any discussion, and wouldn't be providing a refund!

A couple of responses were sent back and forth trying to justify each side, their point of view was that their t+c's state orders cannot be refunded, even if my partner had been to an event before (but my point was more about misleading information which drove my purchase). They also stated "Our website does not feature videos of all our previous experiences (there are over 70), but if you have a look on our social channels, you will see that all posts from previous renditions of Dirty Dancing (in 2013 and 2016) are still live and can be viewed. Even if your partner has been before, it’s definitely a show to return to!" - implying that I should have gone to Facebook to validate whether or not a show had happened. My partner doesn't want to go to the same film by the same company, even if the experience will be slightly different. There is absolutely no disclaimer that it is a limited selection of previous showings, so there's no way I could've known that.

Ultimately we reached a stalemate, and I consulted Citizen's advice in the new year. Citizen's advice were really helpful, understood my side of things, and advised that I might be able to try a number of options

1) Follow the trader’s complaints process. If they don't have a complaints process then we advise to write to them. Explain what the problem is, how you'd like them to sort it out and set a date for them to reply to you.

2) Ask the trader if they're a member of an alternative dispute resolution scheme. This is also known as an 'ADR scheme'. You must complain to them first, before you make a complaint to the ADR scheme.

3) The Consumer Protection (Amendment) Regulations 2014 state that if a consumer is subject to an aggressive or misleading practice by a trader they could look to seek redress. As you’re within 90 days of the contract being formed, you could look to ‘unwind’ the contract and request a full refund. If you choose to ‘unwind’ the contract and request a full refund, the service must not have been fully performed. Should you choose to ‘unwind’ the contract for a full refund, you would need to prove that you were mislead into the contract.

I basically sent all of this info over to secret cinema via e-mail and asked them based on this information whether we could open a dialogue, and essentially it was the same; T+C's say no refund and they keep failing to reply about whether they are a member of an Alternative Dispute Resolution scheme.

I have since revisited Citizen's advice and they have now advised me to see if my bank can recall the payment via Chargeback (which I initiated yesterday and they are trying to progress, but I don't feel confident in that), or alternatively to go to the ODR/ASA and try there. I don't feel like I'm getting anywhere though.

So I guess I want to know what everyone thinks of the situation and whether I have any grounds for a refund at all given the circumstances, and if so, are there any other avenues I can take? Would it be worth taking to small claims?

Thanks

Tom

davidmcn

tomwestwood85 wrote: »

the header reads 'No secret world is the same'. Scroll down and you will see there is no reference to any previous showing of Dirty Dancing. In my mind that confirmed there is no way she could've been to this screening before as it had never happened, right?

No, I wouldn't have interpreted that as being an undertaking that they have never previously shown Dirty Dancing in a different format, or even that they meant "the same as any of our previous events" - maybe just "the same as other visits to the cinema". It's just advertising puff, not part of your contract.

Aylesbury_Duck

Where I think you have a weakness in your argument is that you didn't specifically ask them about prior showings and explain it as a pre-requisite to purchase. Had you done so and they had (erroneously) confirmed that there was no prior showing, you would be entitled to a refund. I'm not sure that their own promotional list of prior shows can be taken as a definitive source of fact.

What's the value of the tickets?

I assume you've tried suggesting they exchange them for a different film? That way, they keep the custom and you get an experience.

[Deleted User]

It's not wise to initiate a Chargeback in such circumstances. The retailer has already refused you a refund and I think you will exhaust any goodwill that might be offered in future if your Bank forces a refund. Remember, the Chargeback will simply be reversed if the retailer contests it.

What you describe is simply a change-of-mind on your part and you can hardly blame the website for providing "mis-leading" information just because you could not see that your wife had been to see the same film four years ago.

So. while I agree it's annoying that you purchased a duplicate gift for your wife, I'm, not sure you should have gone in all guns blazing demanding a refund. Can you not, for example, request a ticket for another film be provided?

soolin

I am a little confused as to the basis of the argument -Op states in 1st post "I did vaguely remember her going to another Dirty Dancing thing whilst we were down there,"

As there is only one Dirty Dancing film ( fans ignore any remakes or follow ups) I'm not sure why you thought it would be a different film? Also, if you were logging in then you must have known what you had booked previously, or if you were using a different log in to your partner then anything previous would not show up?

The page says:


London’s infamous immersive cinema fiends will bring the peerless romcom to life once again next summer, following the huge success of their Dirty Dancing production in 2016. The spectacular production is back for a two-week run, beginning on July 22nd, 2020 and inviting everyone back to Kellerman’s for the summer. (As if you needed reminding, Dirty Dancing tells the story of Frances ‘Baby’ Houseman (Jennifer Grey), who falls in love with her dance instructor (Patrick Swayze) at a holiday resort, making some movie magic in the process.)

DoaM

In fairness to the OP (I've not checked the website) ... is it possible that they've updated the description following the OP's complaint?

[Deleted User]

DoaM wrote: »

... is it possible that they've updated the description following the OP's complaint?

While certainly possible, it's also easily possible to check if this is the case. (Wayback Machine)

In addition, I still think the OP is on sticky ground expecting the website to show him explicitly what his wife may have seen in the past and so demanding a refund on that basis.

In the circumstances I would expect a goodwill gesture usually, but I fear the OP has too aggressively demanded a refund and may therefore have exhausted any goodwill already...

born_again

Citizen's advice and they have now advised me to see if my bank can recall the payment via Chargeback (which I initiated yesterday and they are trying to progress, but I don't feel confident in that)

I can only think they are using missrep chargeback which is a very weak one at best. But that would normally require you to submit details to back up your case.
As Moneyineptitude said I can see this being rejected.

Can't be much of a fan if not wanting to go again after 3 years.

I still think the OP is on sticky ground expecting the website to show him explicitly what his wife may have seen in the past and so demanding a refund on that basis.

That would require them to access the other parties account with that retailer.... Very naughty...

BoGoF

You ask what people think of the situation.

You failed to do your research and made incorrect assumptions. You made a mistake, get over it.

powerful_Rogue

tomwestwood85 wrote: »

Hi, first post on here!

I am having some issues with 2 tickets I purchased from Secret Cinema, and wanted to get some advice opinions on here to see where I stand.

To cut a pretty long story short, I purchased two tickets to their upcoming Dirty Dancing event (26th July 2020) for my partner for Christmas as a surprise gift. I knew she had been to secret cinema before whilst we lived in London and enjoyed it, and she's a huge fan of Dirty Dancing, so I figured it would be a nice gift for her. I did vaguely remember her going to another Dirty Dancing thing whilst we were down there, so before purchase (the day before they went on sale) I went onto the Secret Cinema website just to make sure she hadn't been to this particular film before.

I hopped onto their website and visited the 'Previous Worlds' section on the 11th of December (secret cinema website > previous-worlds link - I can't post links as it's my first post! - I have a web history entry for this as proof), where the header reads 'No secret world is the same'. Scroll down and you will see there is no reference to any previous showing of Dirty Dancing. In my mind that confirmed there is no way she could've been to this screening before as it had never happened, right?

Purchased tickets on the 12th December.

Gifted the tickets to my partner on Christmas day as her main present, and she was visibly a bit sad. Turns out she had already been to see Dirty Dancing at Secret Cinema back in 2016! I thought maybe I'd made a mistake, so went back on their website but there is definitely no reference to any previous Dirty Dancing screening. There still isn't now.

As an edge case, I figured I would e-mail them the next day (Boxing day) and explain the situation, which obviously they would understand given the information on their website is somewhat misleading. I'd done everything on my part to ensure I wasn't buying something she'd been to before, and literally purchased the tickets based on the information on their previous worlds page. Sadly, they weren't up for any discussion, and wouldn't be providing a refund!

A couple of responses were sent back and forth trying to justify each side, their point of view was that their t+c's state orders cannot be refunded, even if my partner had been to an event before (but my point was more about misleading information which drove my purchase). They also stated "Our website does not feature videos of all our previous experiences (there are over 70), but if you have a look on our social channels, you will see that all posts from previous renditions of Dirty Dancing (in 2013 and 2016) are still live and can be viewed. Even if your partner has been before, it’s definitely a show to return to!" - implying that I should have gone to Facebook to validate whether or not a show had happened. My partner doesn't want to go to the same film by the same company, even if the experience will be slightly different. There is absolutely no disclaimer that it is a limited selection of previous showings, so there's no way I could've known that.

Ultimately we reached a stalemate, and I consulted Citizen's advice in the new year. Citizen's advice were really helpful, understood my side of things, and advised that I might be able to try a number of options

1) Follow the trader’s complaints process. If they don't have a complaints process then we advise to write to them. Explain what the problem is, how you'd like them to sort it out and set a date for them to reply to you.

2) Ask the trader if they're a member of an alternative dispute resolution scheme. This is also known as an 'ADR scheme'. You must complain to them first, before you make a complaint to the ADR scheme.

3) The Consumer Protection (Amendment) Regulations 2014 state that if a consumer is subject to an aggressive or misleading practice by a trader they could look to seek redress. As you’re within 90 days of the contract being formed, you could look to ‘unwind’ the contract and request a full refund. If you choose to ‘unwind’ the contract and request a full refund, the service must not have been fully performed. Should you choose to ‘unwind’ the contract for a full refund, you would need to prove that you were mislead into the contract.

I basically sent all of this info over to secret cinema via e-mail and asked them based on this information whether we could open a dialogue, and essentially it was the same; T+C's say no refund and they keep failing to reply about whether they are a member of an Alternative Dispute Resolution scheme.

I have since revisited Citizen's advice and they have now advised me to see if my bank can recall the payment via Chargeback (which I initiated yesterday and they are trying to progress, but I don't feel confident in that), or alternatively to go to the ODR/ASA and try there. I don't feel like I'm getting anywhere though.

So I guess I want to know what everyone thinks of the situation and whether I have any grounds for a refund at all given the circumstances, and if so, are there any other avenues I can take? Would it be worth taking to small claims?

Thanks

Tom

Just means they don't use the same set/theatricals for different performances. It also says this below "No secret world is the same" confirming what they mean.

With staggering ambition and a remarkable attention to detail, our evenings are ever-evolving but equally enchanting. We have travelled back to the future with Marty McFly, danced under acid rainstorms in a futuristic dystopian China Town, sung our hearts out along the cobbled streets of belle epoch Paris, joined the heroic Rebel Alliance, and had the time of our lives at Kellerman’s Resort.

There is also a reference to Dirty Dancing in the blub was well.

Manxman_in_exile

born_again wrote: »

...

Can't be much of a fan if not wanting to go again after 3 years...

It's the thought that counts...said no woman ever!