Viagogo - Can I Stop Them Charging Me For Cancelling a Sale?

Youngsy1980 · 13 May 2018 at 10:39AM

Hi, grateful for any advice here.

I mistakenly purchased 4 tickets to see Orbital in December 2018, found out they weren't the band I thought I had bought when I received them in the post. Contacted Eventim who told me they couldn't refund me and that I should try and sell them privately. Put them on viagogo (was first ticket seller on google, had never sold tickets before, though had looked for tickets previously on there) for what I paid for them but Eventim then refunded me back the money and told me the tickets were cancelled. Using the link that viagogo sent me I tried to cancel the tickets but could see no listing on my account, the whole process just takes you round in circles, you cannot contact them if you have no listing but if the problem is there is no listing then you cannot use their online forms. Found their email address and told them to cancel the order, received a reply telling me I had no listings, went back and forth, my final mail to them was that I should have no listing and anything in my name should be cancelled. Received an email yesterday telling me 2 tickets had sold, managed to find a phone number, eventually found out that I have 2 accounts, one set up as gmail, the other as googlemail. They are now telling me I am going to be charged the full amount of the tickets that I told them to cancel in April because I was logging in using my googlemail address rather than my gmail one. Given that I was using a link provided on their email showing my listing and that I had told them in writing that the order should be cancelled, do I have any recourse here? The incredibly rude customer service agent refused to accept that gmail & googlemail are interchangeable and that I should have known I had different accounts. I have since logged in and cancelled the listing but their T&C's say I am now liable for whatever costs they incur in replacing the tickets (still available via original vendor).

Any advice gratefully received. Appreciate it.

Thanks
Nick

Fosterdog · 13 May 2018 at 10:54AM

You made the mistake by creating a second account, it's not their fault that you didn't know that you made a second account or didn't think to check any of your other email addresses just in case.

Youngsy1980 · 13 May 2018 at 11:21AM

Glad I checked back in for that pearl of wisdom.

Aylesbury_Duck · 13 May 2018 at 12:04PM

Youngsy1980 wrote: »

Glad I checked back in for that pearl of wisdom.

Tell you what, to save time, tell us what you want to hear and someone will type it out for you.

Youngsy1980 · 13 May 2018 at 12:21PM

Super. Hats off to the pair of you forum heroes.

marliepanda · 13 May 2018 at 12:25PM

You are entitled to a full refund of the charge, compensation for the stress and distress caused, and a large amount of shares in Viagogo and tickets of your choice to any band in 2020

Better?

Aylesbury_Duck · 13 May 2018 at 1:24PM

Youngsy1980 wrote: »

Super. Hats off to the pair of you forum heroes.

I don't know what more you want? You're situation is clear cut, the mistake was yours and their terms and conditions, which you signed up to - twice - are clear. Googlemail and gmail are not interchangeable if you use them as login usernames. You had your answer in the first reply. There's no point getting stroppy with people just because you're not getting the answer you want.

If you want legal advice, pay for it.

Aylesbury_Duck · 13 May 2018 at 1:26PM

Youngsy1980 wrote: »

Hi, grateful for any advice here.

I mistakenly purchased 4 tickets to see Orbital in December 2018, found out they weren't the band I thought I had bought when I received them in the post. Contacted Eventim who told me they couldn't refund me and that I should try and sell them privately. Put them on viagogo (was first ticket seller on google, had never sold tickets before, though had looked for tickets previously on there) for what I paid for them but Eventim then refunded me back the money and told me the tickets were cancelled. Using the link that viagogo sent me I tried to cancel the tickets but could see no listing on my account, the whole process just takes you round in circles, you cannot contact them if you have no listing but if the problem is there is no listing then you cannot use their online forms. Found their email address and told them to cancel the order, received a reply telling me I had no listings, went back and forth, my final mail to them was that I should have no listing and anything in my name should be cancelled. Received an email yesterday telling me 2 tickets had sold, managed to find a phone number, eventually found out that I have 2 accounts, one set up as gmail, the other as googlemail. They are now telling me I am going to be charged the full amount of the tickets that I told them to cancel in April because I was logging in using my googlemail address rather than my gmail one. Given that I was using a link provided on their email showing my listing and that I had told them in writing that the order should be cancelled, do I have any recourse here? The incredibly rude customer service agent refused to accept that gmail & googlemail are interchangeable and that I should have known I had different accounts. I have since logged in and cancelled the listing but their T&C's say I am now liable for whatever costs they incur in replacing the tickets (still available via original vendor).

Any advice gratefully received. Appreciate it.

Thanks
Nick

...unless it's not what you want to hear.

unholyangel · 13 May 2018 at 1:33PM

OP contact viagogo and tell them that you communicated to them that you were withdrawing before the offer was accepted and therefore, no contract could be formed as per the rules on contract formation.

The issue is that I believe as part of the process, you need to give viagogo a credit or debit card number and that they're governed by swiss law. So you're in a weak position here as they could just help themselves, leaving you to try and claw it back.

Also, if you didn't commit to send the tickets directly to viagogo, the sale would require you to confirm it before you'd be liable (according to their own terms) so thats another angle to look at.

marliepanda · 13 May 2018 at 2:42PM

unholyangel wrote: »

OP contact viagogo and tell them that you communicated to them that you were withdrawing before the offer was accepted and therefore, no contract could be formed as per the rules on contract formation.

The issue is that I believe as part of the process, you need to give viagogo a credit or debit card number and that they're governed by swiss law. So you're in a weak position here as they could just help themselves, leaving you to try and claw it back.

Also, if you didn't commit to send the tickets directly to viagogo, the sale would require you to confirm it before you'd be liable (according to their own terms) so thats another angle to look at.

But they didn’t withdraw. They sent an email from another email address saying to cancel.

The seller of the tickets did not communicate to them. Someone with another email address (albeit similar) asked to cancel their listings and viagogo said ‘you don’t have any’ which THAT email didn’t.

soolin · 13 May 2018 at 3:01PM

unholyangel wrote: »

OP contact viagogo and tell them that you communicated to them that you were withdrawing before the offer was accepted and therefore, no contract could be formed as per the rules on contract formation.

The issue is that I believe as part of the process, you need to give viagogo a credit or debit card number and that they're governed by swiss law. So you're in a weak position here as they could just help themselves, leaving you to try and claw it back.

Also, if you didn't commit to send the tickets directly to viagogo, the sale would require you to confirm it before you'd be liable (according to their own terms) so thats another angle to look at.

As per marliepanda's post suggests I think you might have misread the OP. The seller's email address wasn't used to cancel the sale- just a similar one which they rightly ignored. Imagine the scenario if anyone using a look a like email could interfere with another users account. Say for instance I listed something as soolin@googlemail.com and someone else could set up an email account soolin@gmail.com and have access to my listings. Not only is that an issue for me, but surely an issue to the company under the data protection laws?

Viagogo - Can I Stop Them Charging Me For Cancelling a Sale?

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