Refund Query

glwheatcroftx

Hi, I’m not sure if anyone can help me with this or not... I booked to go to a “socially distanced rave” event where we booked a 5 people table for £160 with Social Avenue in Manchester, these events are advertised as “the dance is back” all over their social media so usually you are able to dance in your table square as I’ve been before. On the night before we was due to go to the event they Manchester City council changed the coronavirus guidelines for that weekend saying we were not allowed to dance at all and we’re to remain in our seats at all times. Obviously this is not the type of event we booked and would have never booked if this was clear from the start, we were not offered any kind of refund, a credit note or to change the event tickets to another event in future... Manchester Council removed these guidelines literally 2 days later and all the other events have gone back to normal. As a consumer I thought if I purchased something and didn’t receive the service I was sold I would be entitled to a refund but the company aren’t helping anyone and are ignoring all complaints people are making about this weekend, I appreciate it’s not their fault but it’s also not ours either & they have turned all comments off so noone can contact them about the complaint anymore. If anyone can please give me some advice that would be great thank you 

JHW1942

Did you attend?

jon81uk

I think the organisers were pushing it by claiming you would be able to dance. Government guidance has been for a long time that you need to remain seated while eating and drinking in venues.
(COVID-19) Coronavirus restrictions: what you can and cannot do - GOV.UK (www.gov.uk)

Personally I think you had an unrealistic expectation on what would be permitted and I'm not surprised the council have taken action against the venue.

The guidance for bars/restaurants states
"Prevent shouting, singing and dancing in the venue by making sure music and broadcasts are played at a low volume."
"If your venue serves alcohol, table service will be required. Even if no alcohol is ordered, this means customers must order, be served and eat/drink while seated."
From Restaurants, pubs, bars and takeaway services - Working safely during coronavirus (COVID-19) - Guidance - GOV.UK (www.gov.uk)

So the guidance makes me think what you were expecting was not really a permitted event anyway at present.

But if it went ahead and the venue was open and seating people still then I don't think you are entitled to a refund either. It was your choice not to use the ticket.

Sandtree

glwheatcroftx said:

Hi, I’m not sure if anyone can help me with this or not... I booked to go to a “socially distanced rave” event where we booked a 5 people table for £160 with Social Avenue in Manchester, these events are advertised as “the dance is back” all over their social media so usually you are able to dance in your table square as I’ve been before. 

What did they categorically state would be allowed at the time of purchase? Have you simply inferred that dancing would be allowed? "The dance is back" could be as simple that the venue is back open and playing dance music again.

couriervanman

£160 for a table and little square I hope food or unlimited drinks were included otherwise why on earth book it, bit like booking a holiday to Portugal  finding out guidelines have suddenly changed and you have to self isolate afterwards....don't think you will have any luck with a refund

unholyangel

couriervanman said:

£160 for a table and little square I hope food or unlimited drinks were included otherwise why on earth book it, bit like booking a holiday to Portugal  finding out guidelines have suddenly changed and you have to self isolate afterwards....don't think you will have any luck with a refund

That's a bit different. In the holiday example, the restriction/change doesn't prevent the contract being performed as agreed. 

A more fitting comparison would be booking a holiday to Turkey/Australia/wherever, that country suspending all flights/tourist bookings and your holiday company telling you they'll provide a holiday in skegness instead. 

jon81uk

I'm not convinced there has been a change in restrictions, it may just be the level of enforcement by the council has changed.

unholyangel

Any change to restrictions by the council is irrelevant when it comes to determining if they're in breach. It's only relevant if the venue want to disclaim liability for additional losses (like travel or hotel costs) based on it being outwith their control. Fault and liability are not the same thing. Think of an employee. They can be at fault for a mistake while it is their employer who is liable. 

Even if it's outwith their control, it doesn't allow them to fail to provide what was agreed and keep the money.