Viagogo - I’m assuming I’m screwed ?!

400ixl

T&C's which appear to apply.

2.9 Seller's Confirmation Obligation.

Except as noted in Section 2.9 a), the Seller must confirm the order within forty eight (48) hours of the sale of the tickets. Sellers should use our automated online confirmation process. Sellers will be able to see the service fee and taxes on our fees before completing the sell process and committing to sell their tickets. Sellers have forty-eight (48) hours from the time of sale of the tickets to “Report a Problem” if they are unable to deliver the exact tickets listed for sale. Sellers can “Report a Problem” using the “Report a Problem” link on the online confirmation page. In the case a Seller has not confirmed a sale within forty eight (48) hours, or in the case a Seller “Reports a Problem” the Seller, including without limitation, may be subject to a replacement fee, other charges, and/or other consequences as specified in Section 5.

2.9 a) Exception to Seller’s Obligation to Confirm.

Sellers who commit to send tickets directly to viagogo are not required to confirm the order. Such sellers have no right to “Report a Problem” and the order is automatically confirmed immediately after the sale. If the listed ticket is not delivered, viagogo shall have the right to charge the Seller a replacement fee and other charges, as specified in Section 5.

5.4 Making Adjustments.

If (a) a sale is cancelled for any reason; (b) we reasonably believe that you have committed fraud or other illegal act or omission during any buying or selling activity; (c) you leave a sale unconfirmed for more than 48 hours and do not Report a Problem; (d) subject to the exceptions set forth in Section 2.11 and 2.16, you aren't able to deliver the exact seats that you listed on the Site or send the tickets (and related passes if any) on or before the Must Ship By Date or you otherwise fail to fulfill the sale of your tickets or related passes; (e) you send incorrect, misrepresented, invalid, fraudulent or counterfeit tickets or related passes for any sale or portion of a sale; (f) You otherwise owe viagogo a specific amount; or (g) You otherwise breach this Agreement or owe Us a specific amount, then you authorize viagogo to withhold payment or charge your Payment Method any amount you owe us and all costs viagogo incurs due to your conduct, including but not limited to, a late shipment fee or late delivery fee, reprinting fee, shipping re-routing charges, the cost of replacement tickets or related passes, coupons, gift certificates, refunds, and other costs required to compensate the Buyer or Seller for his or her bad experience, with a minimum charge of $30 per ticket (or the equivalent in their listing currency). We may also first deduct any amount you owe us from any amount we owe you. Closing of accounts or opening and maintaining more than one account does not alter your total liability to us, and we may combine amounts due to us from multiple accounts.

Did you use the Report a Problem procedure within 48 hours? 2.9 suggests that 5.1 is invoked if the problem is not reported. I assume you did not sell them direct to Viagogo so 2.9a does not apply?