Concert club refusing refund for show cancelled during December "Tier 4"

Kingsway_83

Hi,

Hope someone can help. In September 2020, my friend booked tickets for a concert and meal at a London club, scheduled for just before Christmas.

The total cost for the party came to just under £600 - but the show was cancelled due to Tier 4 restrictions and the club being closed.

Nearly a year later, this club is STILL holding onto the £600, pointing to the original booking conditions of the tickets being non-refundable. The club claims that they have offered a suitable alternative of a £600 credit note BUT:

i) The original booking was for a special birthday, so as such the occasion is irreplaceable

ii) The artist who was due to perform on this occasion is not booked to appear again - none of the artists scheduled in the future are of interest to the party.

iii) Sadly a member of my friend's family passed away in April 2021 so the original conditions of the trip have been completely spoiled, and the party would have no interest in re-booking another night anyway.

Condtion iii) is the reason why the family have been so slow to take the issue up with the club - the club seem to feel that because the issue has only just been taken up again, they are able to stonewall and put the party off with the totally unsuitable offer of the credit note.

The party leader has just filled in a 6 page form online complaining about the situation to Trading Standards, but is there anything else they can do? Surely the original booking conditions that the club are pointing to are rendered null and void by the lockdown/Tier 4 cancelling all shows for months? It was physically impossible for the party to attend any alternative date until the club re-opened in May even if there had been an artist they wanted to see and as of then, any alternative offered other than a full refund was of no use at all.

Hopefully someone can advise - this club in my opinion is behaving disgracefully as they are unable to provide what was originally booked, yet are still insisting on keeping the money.

[Deleted User]

Talk to your bank if you booked on card.

Otherwise Small Claims Court.

Kingsway_83

[Deleted User] said:

Talk to your bank if you booked on card.

Otherwise Small Claims Court.

Thanks, but I'm just checking that the club *are* in breach of the law behaving in this way?

I don't know *anybody* else whose show was cancelled during lockdown being forced to honour the rearranged date, and that is for the orginal artist, never mind being offered unsuitable alternative artists *as well* as unsuitable dates,with no refund alternative. Absolutely nothing about the original booking will be honoured.

Jeremy535897

Kingsway_83 said:

[Deleted User] said:

Talk to your bank if you booked on card.

Otherwise Small Claims Court.

Thanks, but I'm just checking that the club *are* in breach of the law behaving in this way?

I don't know *anybody* else whose show was cancelled during lockdown being forced to honour the rearranged date, and that is for the orginal artist, never mind being offered unsuitable alternative artists *as well* as unsuitable dates,with no refund alternative. Absolutely nothing about the original booking will be honoured.

See https://www.gov.uk/government/publications/cma-to-investigate-concerns-about-cancellation-policies-during-the-coronavirus-covid-19-pandemic/the-coronavirus-covid-19-pandemic-consumer-contracts-cancellation-and-refunds

[Deleted User]

Kingsway_83 said:

[Deleted User] said:

Talk to your bank if you booked on card.

Otherwise Small Claims Court.

Thanks, but I'm just checking that the club *are* in breach of the law behaving in this way?

I don't know *anybody* else whose show was cancelled during lockdown being forced to honour the rearranged date, and that is for the orginal artist, never mind being offered unsuitable alternative artists *as well* as unsuitable dates,with no refund alternative. Absolutely nothing about the original booking will be honoured.

The contract was for that gig, right? And now there is no way for the contract to be fulfilled. So it seems pretty clear cut.

Thrugelmir

Kingsway_83 said:

[Deleted User] said:

Talk to your bank if you booked on card.

Otherwise Small Claims Court.

Thanks, but I'm just checking that the club *are* in breach of the law behaving in this way?

I don't know *anybody* else whose show was cancelled during lockdown being forced to honour the rearranged date, and that is for the orginal artist, never mind being offered unsuitable alternative artists *as well* as unsuitable dates,with no refund alternative. Absolutely nothing about the original booking will be honoured.

What did you actually book at the club?  In your OP you mentioned a meal. 

Kingsway_83

[Deleted User] said:

Kingsway_83 said:

[Deleted User] said:

Talk to your bank if you booked on card.

Otherwise Small Claims Court.

Thanks, but I'm just checking that the club *are* in breach of the law behaving in this way?

I don't know *anybody* else whose show was cancelled during lockdown being forced to honour the rearranged date, and that is for the orginal artist, never mind being offered unsuitable alternative artists *as well* as unsuitable dates,with no refund alternative. Absolutely nothing about the original booking will be honoured.

The contract was for that gig, right? And now there is no way for the contract to be fulfilled. So it seems pretty clear cut.

Absolutely- I've read the link posted and it seems to fall right into the section marked "frustrated contracts". They are trying to hold the party to a contract that actually ended on Dec 14th or whenever it was when Hancock ordered all venues in "Tier 4" to shut. 

None of the alternatives offered feature the original artist or even the original venue (they have 2 locations) so refund it should be! Thanks.

Kingsway_83

Many thanks to Jeremy535897 for posting that government link, it seems to provide what we were looking for! I shall post updates. 

Good forum this, thanks to Mr Lewis for setting it up! 

Kingsway_83

@Thrugelmir

The meal was included in the package, to be eaten before the performance. Without the performance, the package does not exist.

I guess theyd argue that the vouchers offered could pay for many meals in the actual restaurant, but the only reason for booking that venue on that night was to see that particular show, so a meal only or a meal and a show by another artist are not acceptable alternatives. 

Thrugelmir

Kingsway_83 said:

@Thrugelmir

The meal was included in the package, to be eaten before the performance. Without the performance, the package does not exist.

I guess theyd argue that the vouchers offered could pay for many meals in the actual restaurant, but the only reason for booking that venue on that night was to see that particular show, so a meal only or a meal and a show by another artist are not acceptable alternatives. 

We don't the terms of the contract you signed up to. As you say it was a package not just a gig.