See Tickets challenging section 75 for cancelled event

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/comment/82030514#Comment_82030514

Generally banks dont approach the retailer in a S75 claim, after all the retailer has no obligations to the bank and there is no consequences for them if they dont respond. Under S75 the funds come directly from the banks own pocket and they can't reject a claim just because the retailer won't respond to them.

In principle a bank has a right of recovery from the merchant after settling a claim however banks dont typically exercise that right affording to members here who work in banking, as someone who works in insurance where recovering monies from third parties is a daily exercise I find it very odd especially as there are firms that will do it on a contingent basis (ie they keep x% of what they recover and get nothing for cases they dont recover on) but there must be a reason why.

sJanes

https://forums.moneysavingexpert.com/discussion/comment/82031054#Comment_82031054

1. How do I know who my contract was with?
2. I paid See Tickets by credit card.
3. I don't know who has breached the contract - See Tickets sent a physical ticket but subsequently the promoter cancelled the event.
4. Ticket was about £112 I think.

born_again

https://forums.moneysavingexpert.com/discussion/comment/82031077#Comment_82031077

So about £112. Did that include P/P or other extras?

sJanes

https://forums.moneysavingexpert.com/discussion/comment/82031115#Comment_82031115

No, that's the ticket price itself. The actual transaction was more like £130 I think, including the fees on top of the face value. The ticket itself is definitely over £100 or I wouldn't even have attempted claiming.

born_again

https://forums.moneysavingexpert.com/discussion/comment/82031147#Comment_82031147

You could try a chargeback for non receipt of service, but you would have to wait till day after event to start it.

Okell

Aren't any D-C-S link and the involvement of the concert promoter red herrings here?

Isn't the OP alleging a breach of contract by See tickets (not the promoter) because See tickets are acting contrary to their own T&Cs in respect of their refund policy?

The OP says: "… See Tickets (the only option) which was cancelled about a month before it was due to take place. See Tickets said (contrary to their own refund policy) that there would be no refund on the grounds that the promoter didn't give them any money back…"

If See tickets are in breach of their own terms the OP has a claim against them. If the OP is entitled to a refund from See Tickets it's irrelevant to him what problems there are between See tickets and the promoter. That is See Tickets' problem to solve, not the OP's.

So if the OP paid by credit card and each ticket was >£100 he should have a valid s75 claim against his card provider, shouldn't he?

Alderbank

From SEE's Consumer Terms & Conditions:

SEE sells all tickets as an agent on behalf of the organisers, promoters, artists, venues or producers of an event (referred to as a "Promoter")

Events are not the responsibility of SEE. SEE does not organise events and has no responsibility whatsoever for any loss or damage of any kind suffered at or in connection with any event.

Decisions to change or cancel events are the responsibility of the Promoter. If an event is rescheduled, changed or moved, the Promoter will usually give you the option of either retaining or exchanging your tickets for the new date/location. If an event is cancelled by the Promoter you will normally be offered a refund. Please note that the Booking Fee and any Transaction Fees are not refundable in these circumstances.

https://www.seetickets.com/content/terms-and-conditions?_gl=1pmmfh3_upMQ.._gs*MQ..&gclid=CjwKCAjwuanRBhBSEiwAY5y6VxCOmYAYc2Sgymxw31GUC6n_eZyREKiCWbO0lTmQKr-k-Mxi4U4zrxoCLVoQAvD_BwE&gbraid=0AAAAA_PLtjUI4u2zy4M-imnduf0xHUIct

sJanes

What use is section 75 if the organisation you've paid by card can absolve themselves of responsibility?

Also from See Tickets:

When an event cancels our customer service team will send you an email to confirm the cancellation and provide refund details. Refunds will be automatically processed and credited to your original payment method within 28 working days.

https://www.seetickets.com/content/support-centre?_gl=1hye6se_upMQ.._gs*MQ..&gclid=EAIaIQobChMIzMywwcz_lAMVe4dQBh0x_SCEEAAYASAAEgLnaPD_BwE&gbraid=0AAAAA_PLtjUI4u2zy4M-imnduf0xHUIct#/articles/how-do-i-get-a-refund-if-my-event-cancels----d251e517-6c75-49a0-8d54-07a66bd6c8a8

QrizB

What use is section 75 if the organisation you've paid by card can absolve themselves of responsibility?

Section 75 is for where the credit provider "knows" the retailer and has chosen to do business with them.

In this case, your card company "knows" See Tickets. They don't know the promoter. See Tickets think they're not liable for cancellation by the promoter (this may or may not be true, and their T&C may or may not be fair; you'd need to take them o court to establish the facts). If See Tickets aren't liable then your credit card company aren't liable either.

See also credit card payments to sellers on eBay, Amazon Marketplace, Vinted etc. where D-C-S link is often broken.

born_again

https://forums.moneysavingexpert.com/discussion/comment/82031759#Comment_82031759

Why should your CC pay you out for a concert they have nothing to do with?