Theatre cancellation

ockhamsrazor

Hi all
I understand that cancelled events etc. have to be refunded as a whole, with no admin fee.  A theatre local to me seems to be arguing that part of the ticket price is a booking fee which is non-refundable and part of the standard terms and conditions of ticket purchase.  They say this covers the cost of the staff member who sold the ticket and processed my refund as well as the cost of running the box office system and the charge they have to pay the ticketing system company for every ticket sold.

Is this true, or should the full amount I paid be refunded?  And if the latter, should the cost I paid of them sending me the ticket also be covered?  E.g. if the tickets were £30 each with £1 P&P,  should I expect to receive £61, £60 or £55 back?

All other theatres are refunding in full or being more transparent about requesting donations etc.  Are there links to things I can point the theatre towards to prove the point (if I'm right)?

pphillips

I would point out that to the theatre that they are legally required to provide a full refund because they have breached the contract by cancelling the event. Donations are optional and whether you want to give a donation or not is up to you.

ockhamsrazor

Thanks pphillips - I have tried that and they came back with a reiteration of the above.  I'm wondering more as the morning goes on whether there is something I can point them towards - something to remind them of their legal requirements.  The name of a law/paragraph - or something?!

ockhamsrazor

Oh, my thread got moved from Consumer Rights to Coronavirus Travel Help - was it meant to be moved to the general Coronavirus section?  Would that mean the right people read it?

pphillips

A total failure of consideration actually comes from case law.
It is however included in the Consumer Rights Act 2015 at section 54 (7)(b)

ockhamsrazor

OK, thank you again... let's try that with the rude box office manager.

Life__Goes__On

It would need to be clearly listed as a booking fee with either an amount or percentage I believe
As how can you agree to a booking fee it you don't know how much that is.

ockhamsrazor

So... this from the box office:

For your refund you received the face value of your ticket plus the building levy outlined within our terms and conditions. The nominal £1.50 per ticket booking fee is not refunded and this covers the cost not only of staffing, ticketing system and administration to both sell and refund your tickets. It also covers the credit card charges that the venue has already paid associated with your purchase and refund. 

For further advice I can refer you to both Which and Citizens Advice information on refunds for a postponed/rescheduled event which do state that fees are not always refundable and that this does not constitute any breach of The Consumer Rights Act.

Any thoughts? 

pphillips

My thoughts are that the theatre purport to have provided you with some incidental services, I think that you received no actual benefit from these and that you paid these with the implied condition that the event would be provided.
However, I have not seen what the theatre's terms and conditions say about cancelled events.

ockhamsrazor

Their T&Cs are below:

The contract for the purchase of ticket(s) is formed as soon as the Kings Theatre has processed your payment and will expire immediately after the performance of the event for which ticket (s) have been purchased.

The purchase is subject to and governed by these Terms and Conditions. For use of data see The King's Theatre Privacy Policy.

Tickets are non-refundable and cannot be exchanged. In the event of cancellation (other than force majeure), a refund of all bar the restoration levy and booking fee will be made. Lost tickets can be replaced at a cost of £1.50 – reprinted tickets will be held for collection only. All orders are subject to credit card approval and verification of billing address. Your credit card will not be charged until the end of the transaction the price of the ticket may include a Kings Theatre booking fee and a Kings Theatre building improvement fund fee

Tickets sold or transferred for commercial gain by anyone other than the Kings Theatre or one of its authorised ticket sellers make the ticket void and the holder will be refused entry.

The Kings Theatre will not be held responsible for any tickets purchased through unauthorised methods.

Tickets are sold subject to the Kings Theatre’s right to make alterations to the cast, or advertised arrangements (including rescheduling events) discounts and prices rendered necessary by an unavoidable cause.

The Kings Theatre has the right to amend seating arrangements after a booking has been completed.

Only one concession, per person, per transaction, is applicable and proof of eligibility for the concession will be required. Concessions are not always available – refer to the specific performance for details.

Concessions and offers apply only to full price tickets and are at the discretion of the show and Kings Theatre. Each offer may only be used once per person, per performance, not in conjunction with any other offer/concession and not used retrospectively.

The Kings Theatre reserves the right to introduce or withdraw offers. Prices and discounts without notice. Some offers may only be available through the Box Office and not online.

Instructions on how to redeem offers should be followed carefully. Not following instructions will cause delays on arrival at the theatre and may result in entry being refused.

Latecomers will not be admitted until a suitable break in the performance, so as to minimise disruption to other patrons. The Kings Theatre reserves the right to provide alternative seats to those specified on the ticket in exceptional circumstances

Hot food, glasses and bottles are not allowed in the auditorium. Drinks are only permitted in the plastic cups provided. Only food, drinks and confectionery purchased at the Kings Theatre may be consumed in the building. Ticket holders must not disturb other members of the audience with noisy sweet and food wrappers during a performance.

The taking of photographs, the use of mobile phones and mobile devices and the making of any recordings of any performance is strictly prohibited.

By purchasing a ticket, you consent to be photographed or filmed as part of a group.

The Kings Theatre will not be responsible for any loss, injury or damage to any person or property howsoever caused : (a) in any circumstances where there is no breach of a legal duty of care owed; (b)in circumstances where such loss or damage is not a reasonably foreseeable result of any such breach (save for death or personal injury resulting from Our negligence); or (c) to the extent that any increase in any loss or damage results from breach by you of any of these Terms and Conditions

Nothing in these Terms and Conditions seeks to exclude or limit liability for death or personal injury caused by negligence, fraud or another type of liability which cannot by law be excluded or limited.

The Kings Theatre will be under no liability whatsoever in the event of any damage or loss arising through force majeure which means any cause beyond our control including, without limitation, act of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, theft of essential equipment, malicious damage, strike, lockout, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.

The Kings Theatre reserves the right to refuse admission and reserves the right to request that ticket holders leave the theatre at any point on reasonable grounds and may take any appropriate action to enforce this right. By way of example, the Kings Theatre may remove a ticket holder who:

1. has behaved in the theatre in a manner which, in the reasonable opinion of the management has, or is likely to affect the enjoyment of other visitors; or
2. uses threatening, abusive or insulting words or behaviour or in any way provokes or behaves in a manner which may provoke a breach of the peace; or
3. in the reasonable opinion of the management is under the influence of drugs or has consumed an excessive amount of alcohol; or
4. fails, when required, to produce proof of identity or age; or
5. obstructs gangways, access-ways, exits, entrances or staircases, congregates in non-authorised areas
6. is in breach of these Terms and Conditions

Strobe lighting, smoke effects, loud bangs, gunshots, loud sound effects and smoking are sometimes used in Kings Theatre productions.

Ticket holders must comply with all relevant statutes, safety announcements and theatre regulations whilst in the theatre.

If ticket holders have any special requirements or concerns about any special effects which may be featured at the Event, prior notice should be provided when ordering Tickets. Special effects may include, without limitation, sound, audiovisual, pyrotechnic effects or lighting effects.

Personal arrangements including travel, accommodation or hospitality relating to the event which has been arranged are at your own risk.

No Children under 5 will be admitted to the theatre except where specifically stated at the time of booking. Children (ages 24  months to 15 years inclusive unless otherwise stated at the time of booking and on the ticket) shall require their own ticket which shall be at full ticket price if no child concessions are available at the time of booking.

Babes in arms (children under 24 months unless otherwise stated at the time of booking and on the ticket) shall be admitted free of charge to those shows they may attend (children’s shows and pantomimes only) however children under the age of 24 months will not be admitted to any performance unless they are specifically aimed for them (i.e. children’s shows and pantomimes).

Children must be supervised at all times and supervision of children shall be by not less than 1 adult per 10 children. The Kings Theatre reserves the right to ask parents/supervisors to remove children if, in the opinion of the management, they are causing a disturbance.

These Terms and Conditions, and the terms and conditions and any specially agreed terms constitute the entire agreement between the parties in connection to, its subject matter and supersede any previous terms and conditions, agreement or arrangement between the parties.

Each of the parties agrees that it has not entered into these Terms and Conditions in reliance on, and shall have no remedy in respect of, any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to these Terms of Conditions or not) other than as expressly communicated by the theatre to before completion of the purchase or set out in these Terms and Conditions. Nothing in this clause shall operate to limit or exclude any liability for fraud.

These Terms and Conditions shall be governed by and construed in all respects in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.

pphillips

Okay, so the terms and conditions say you get a full refund minus the £1.50 booking fee and the restoration levy. My understanding is that the restoration levy is a fee to generate funds to restore older buildings but as they have not stated how much this is, they can only charge a reasonable amount. I can see that other theatres generally charge around £1-2 per ticket for the levy. Other than that, I don't really see how these terms could be challenged as unfair.