Section 75 help NFL

Touchdownvegas

Hello all, I recently booked tickets and went to the NFL game at Tottenham stadium, the tickets were meant to be hospitality with early access from 11:30 prior to the 2:30 KO for food/drinks etc. All week the NFL and Ticketmaster advised to save our QR code tickets to the NFL app for access which we did. However on arrival about noon, it quickly became apparent the app had failed and 1000s couldn't access the stadium. We ended up waiting for almost 3 hours missing all of the hospitality and part of the game (they ended up just opening the turnstiles). I have since had acknowledgement from NFL and Ticketmaster about the failure in service, however was only offer a 50% giftcard which I declined. I have since requested a full refund for the tickets and travel but have had no response.

I have 2 questions, all parts were paid but credit card.

1 can I make a S75 claim for the tickets as Ticketmaster continue to not respond.

2 can I also claim back the hotel and travel as consequential losses  as this was the sole purpose for travel (all travel was within the UK, 500 miles).

The problem is we only discovered the issue at the stadium, had I know I would never have travelled.

Thanks all

MattMattMattUK

Touchdownvegas said:

Hello all, I recently booked tickets and went to the NFL game at Tottenham stadium, the tickets were meant to be hospitality with early access from 11:30 prior to the 2:30 KO for food/drinks etc. All week the NFL and Ticketmaster advised to save our QR code tickets to the NFL app for access which we did. However on arrival about noon, it quickly became apparent the app had failed and 1000s couldn't access the stadium. We ended up waiting for almost 3 hours missing all of the hospitality and part of the game (they ended up just opening the turnstiles). I have since had acknowledgement from NFL and Ticketmaster about the failure in service, however was only offer a 50% giftcard which I declined. I have since requested a full refund for the tickets and travel but have had no response.

I have 2 questions, all parts were paid but credit card.

1 can I make a S75 claim for the tickets as Ticketmaster continue to not respond.

2 can I also claim back the hotel and travel as consequential losses  as this was the sole purpose for travel (all travel was within the UK, 500 miles).

The problem is we only discovered the issue at the stadium, had I know I would never have travelled.

Thanks all

If you tried to make a claim for the full amount it would almost certainly fail, as would any other expenses. 

You should be able to claim for the difference between the "hospitality with early access" package and the standard ticket, but you can probably get that via Ticketmaster anyway. How much was a standard ticket and how much were the tickets you paid for?

Touchdownvegas

Can I ask why you think it would fail, surely it is a breach of contract if they failed to provide the service that they sold, bearing in mind I also missed part of the game too do to the failure in the ticketing app. Thanks again for you opinion/support

MattMattMattUK

Touchdownvegas said:

Can I ask why you think it would fail, surely it is a breach of contract if they failed to provide the service that they sold, bearing in mind I also missed part of the game too do to the failure in the ticketing app. Thanks again for you opinion/support

Breach of contract is complicated with events, especially as you still attended the game, so still gained partial value, therefore a full refund would not normally be deemed appropriate. 

saajan_12

Touchdownvegas said:

Can I ask why you think it would fail, surely it is a breach of contract if they failed to provide the service that they sold, bearing in mind I also missed part of the game too do to the failure in the ticketing app. Thanks again for you opinion/support

A breach by one party doesn't mean the other party pays 0.. you still have to pay for what you did get. 
How much of the game was missed? I'd probably argue a % based on the part of the game you did see, vs the total game + hospitality. 

born_again

CC could argue that Ticketmaster were not the provider of the event, just a payment processer, therefor no debtor creditor link 🤷‍♀️

How much were the tickets, each. Did Ticketmaster breakdown the costs of each part, if not how much was a basic entry ticket?
You can then use that as a basis for what would be a fair refund.

Take the 50% or argue for a bit more.
What time did you get into the game.

S75 would not entitle you to 100% refund. CC would look at what you received over what you got & balance it out, so you could end up with less than 50%

No you can not claim hotel & travel, as you had the use of it & is totally separate to the match.

Hade you not travelled. You would have been entitled to nothing as that was your choice.  Even under S75

Touchdownvegas

Ticketmaster were the official ticket provider, 370 pounds each and missed all of hospitality experience and 25 percent of match

MattMattMattUK

Touchdownvegas said:

Ticketmaster were the official ticket provider, 370 pounds each and missed all of hospitality experience and 25 percent of match

Was that the difference between a ticket and the hospitality price, or the price of the hospitality? What was the price of each?

MyRealNameToo

Touchdownvegas said:

Ticketmaster were the official ticket provider, 370 pounds each and missed all of hospitality experience and 25 percent of match

Of the tickets but not the event - S75 requires a direct contractual link between you and the supplier of the goods/services and that the Creditor (your bank) paid the supplier the money directly to the supplier. 

On both grounds it's likely that Ticketmaster wasnt the supplier but just an agent and as such a S75 claim would fail. 

Okell

Touchdownvegas said:

Ticketmaster were the official ticket provider, 370 pounds each and missed all of hospitality experience and 25 percent of match

So if a ticket without hospitality would have cost eg £200 you can argue that you are entitled to a refund of £220. 

[Edit:  Value of hospitality = £170; 25% of match = £50; refund = £220]

But if a ticket without hospitality would have cost eg £300 you can argue that you are entitled to a refund of £145.

[Edit:  Value of hospitality = £70; 25% of match = £75; refund = £145]

The lower the value of the hospitality as compared to the value of the match, the lower your refund will be.

Whether 50% should be acceptable depends on their relative values - which you haven't told us despite being asked.

I would however demand the refund be paid using the same method you paid for the tickets by.  that's what the law says and you can quote s20(16) and s56(5) of the Consumer Rights Act 2015 in support of this.

NB - if you watched 75% of the game no way will are you legally entitled to more than a partial refund

TELLIT01

Cost of the hospitality package should certainly be refunded in full, along with part of the cost of a standard ticket if you didn't get to see all of the game.

Travel costs are more problematic as you did get to see the game (most of it), so there was value from the tickets.