Postponed Music Festival Refund Rights

Sterling_J

In November 2019 I bought tickets to a music festival on festicket.com via PayPal, and my debit card clearly show the exact amount for the purchase went straight into the sellers account with an order total: £402.87 2 x 2nd Release General Admission Afro Nation Portugal 2020.

 In a statement, the festival's organiser said that they "will not be issuing refunds for Afro Nation 2020", because of Portuguese emergency law DL 10I/2020. I purchased my tickets with refund protection for an additional £22.99 through bookingprotect.com at the time of the booking. Afro Nation has now swapped its dates to 1-3 July 2021. I have contacted PayPal, my bank and bookingprotect.com about refunds and my attempts to resolve the problem have not been satisfactory. 

Afro Nation is a UK registered company and therefore shouldn't be subject to Portuguese law. I have no confidence that the pandemic is going to be 'solved' within the next year. My question is – As Afro Nation is a UK registered company am, I lawfully entitled to receive a full refund? If not, surely this is a breach of my consumer rights under these unprecedented circumstances.

DCFC79

Using your own card to pay may have helped you rather than paypal.

What was the response from festicket and bookingprotect ?

Sterling_J

Hope the attached helps 





festicket.com response:

Following the unprecedented global situation, the Promoter for Afro Nation 2020 have instructed its authorised ticketing agents that tickets will be automatically transferred to the new dates.

The Promoter based their instructions to Festicket following the recent Portuguese Decree-Law DL 10I/2020, which applies to all events taking place in Portuguese venues. Afro Nation’s 2020 venue is situated at Praia da Rocha, Portimão, Portugal.

We are truly sorry to hear your frustrations but as an authorised agent, we are contractually obliged to act upon the Promoter instructions.

The terms you have sent over are for event genius, rather than Festicket.

The following will provide you some clarification to Festicket’s Terms with regards to the festival to which you agreed to before making your purchase on our platform.

14. Changes to your booking or cancellation by supplier

1. Your rights in relation to any change to your booking or cancellation by the supplier are set out in the supplier’s booking conditions. Artists and attractions included in the festival programme are subject to change. We will advise you of any changes as soon as advised by the festival organiser or promoter. Changes may not be refundable – see the festival’s terms and conditions.

2. As agent it is our responsibility to notify you as soon as possible of any changes of which the supplier makes us aware so that you may exercise the rights available to you under the supplier’s booking conditions. Where any refund or other payment is due to you from the supplier, our responsibility is to pass this on to you as soon as possible after receiving it from the supplier. We shall have no further responsibility or liability to you in relation to any change to or cancellation of the booking.

15. Our responsibility to you

1. As agent we promise to provide our agency services to arrange your festival ticket and other services that you purchase with reasonable care and skill. We have no other liability in relation to the festival and the other services that you purchase on our website. Your contracts with the festival organiser and each of the other suppliers will set out their liability in relation to the services that they are providing to you.”

If you have any further questions regarding the event, we kindly ask you that you direct those to the Promoter. 

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refund.bookingprotect.com response:
Our partnership is directly with Festicket Ltd to offer event goers the option to protect their ticket(s), should they be unable to attend due to any of our covered circumstances.

All of our covered circumstances relate to you and your own ability to attend (for example if you fall ill ahead of the event). Unfortunately, issues with regards to the event itself which result in the organisers cancelling, postponing, or rescheduling, are not covered by our refund protection policy.

For event cancellation and postponement, a different product would have to be in place (unless the organizer has their own policy).

Due to this, we are unable to offer you a refund on your tickets. I recommend contacting the event organizer directly to advise you of your options following their decision to cancel the event.

John_Packer

 These smucks will say anything to try and wriggle out of their obligations. Festicket is required under UK law to provide the service that you have paid them for. As they haven't  they are in breach of the Consumer Rights Act 2015. I don't accept their "don't blame us blame them" reason for not giving you your refund. Your 'contract' is with them and they should give you your money back. Too many organisations are backsliding on or delaying refunds. And why wouldn't they: all the time they prevaricate or hide behind incomprehensible and unfair T&C's they've got your lovely money. I would says it's time to play hardball. Write to them politely asking for a refund within a certain timescale  ( say 3-4 weeks) or you will be take them  to the Small Claims Court. It's easier than you think and the £25 cost can be recovered in the claim. There is plenty of information online. Check out Trustpilot. Reviews for Festicket are  generally good for ticket transactions where there are no problems but you try getting your money back. Woaah.

RobM99

"A New Day Festival" organisers e-mailed those with tickets to offer a refund or use for next year. Rapid response and well done to them! 

elvis_jai

Hey there, 
This is my first time posting on MSE forums, any help is much appreciated!
A few months back I bought a festival ticket for Shambala Festival. Unfortunately, one of the installments was declined by my bank so they terminated the ticket and have since said I am not entitled to any refunds. The festival was eventually canceled though and they were offering full refunds or free tickets to anyone who wanted to go next year instead. Unfortunately, I was not entitled to this refund either. Is this legal? Is there anything I can say/do to get my money back? I have attached a link to the terms and conditions here: htt ps:// www. shambala festival. org /esse tial- info/ticket-infor mation/ter ms-and-co nditions /

Thanks in advance!
Elvis

jay213

I wonder if the OP or anybody else got this issue sorted out and if anybody has had any success in claiming a refund. I'm in the same boat as the OP, but I believe I paid by debit card. 

Would attempting a chargeback from my bank be an option? If successful, would the company have the option to chase me for the money?

Having a search it looks as though they have changed their old terms and conditions which had a mention of attending or getting a refund if an event was rescheduled.

born_again

jay213 said:

Would attempting a chargeback from my bank be an option? If successful, would the company have the option to chase me for the money?

When did you make the purchase? As there is a max timescale of 540 days from date of debit to make a chargeback.

Yes, If the retailer does not contest the chargeback, they can chase you for the debt.

jay213

I just had a check and I purchased a ticket from Festicket with refund protection on 28 November 2019. I may be close to that 540 day mark, I would have to add up the days.

If there's a reasonable chance that they would chase for payment, maybe it wouldn't be worth doing a chargeback? 

Any other options available to me?

jay213

I also found this article on BBC regarding this issue.

https://www.bbc.co.uk/news/newsbeat-52753302