Viagogo mis-selling?

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I recently purchased tickets from Viagogo, not realising it was a third party market place. I googled the artist and venue to see was selling tickets and they came up first, so I proceeded to buy the tickets. Once in the basket, I realised the price was much higher than I expected but was being told that the venue had almost sold out so proceeded with the purchase. Once I realised I didn't have a seat reservation I began to panic. When I checked on the venue website, I realised I had paid more than double, and there are still tickets available. Although I did not read the terms and conditions - the timer was ticking down, at no point did the website clearly say what it was, in my opinion. It behaved the same way Ticket Master or See tickets behave. Do I have any right to a refund - I seriously feel like I have been mis-sold these tickets, or does the fact I didn't read the T&C's mean I have no rights to complain? I have written to Viagogo and they have simply explained who they are and that my tickets are guaranteed.
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  • waamo
    waamo Posts: 10,298 Forumite
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    You bought the tickets at a price you were happy with at the time. Viagogo are ticket touts based in Switzerland. Your chances of getting your money back are slim to none.

    Some people have been known to get a refund if they have been refused entry to a venue. That might be the only way of getting a refund.
  • Haztay35
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    I was scammed by this company as well and so I know how you feel. When I saw the price a pop up asked if I wanted to continue to buy them and I clicked no and a survey popped up asking me why I did not want them and I ticked they were too expensive and I was under pressure to buy them, but the sale went through anyway. I have emailed them several times saying I had not agreed to buy them but they keep just saying that they don't offer refunds. I guess it's an expensive lesson.
  • CKhalvashi
    CKhalvashi Posts: 12,060 Forumite
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    Haztay35 wrote: »
    I was scammed by this company as well and so I know how you feel. When I saw the price a pop up asked if I wanted to continue to buy them and I clicked no and a survey popped up asking me why I did not want them and I ticked they were too expensive and I was under pressure to buy them, but the sale went through anyway. I have emailed them several times saying I had not agreed to buy them but they keep just saying that they don't offer refunds. I guess it's an expensive lesson.

    So, how did Viagogo get your card details? I'm assuming they're not telepathic.....

    The company isn't a scam, they legitimately re-sell tickets. Just because I don't agree with their business model on a personal level doesn't mean they're not a legitimate company.
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  • CKhalvashi
    CKhalvashi Posts: 12,060 Forumite
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    CatDaly wrote: »
    I recently purchased tickets from Viagogo, not realising it was a third party market place. I googled the artist and venue to see was selling tickets and they came up first, so I proceeded to buy the tickets. Once in the basket, I realised the price was much higher than I expected but was being told that the venue had almost sold out so proceeded with the purchase. Once I realised I didn't have a seat reservation I began to panic. When I checked on the venue website, I realised I had paid more than double, and there are still tickets available. Although I did not read the terms and conditions - the timer was ticking down, at no point did the website clearly say what it was, in my opinion. It behaved the same way Ticket Master or See tickets behave. Do I have any right to a refund - I seriously feel like I have been mis-sold these tickets, or does the fact I didn't read the T&C's mean I have no rights to complain? I have written to Viagogo and they have simply explained who they are and that my tickets are guaranteed.

    No you don't have a right to a refund unless the venue or date have changed, you're refused entry to the venue or the event has been cancelled.

    If one of the above has happened, you will be entitled to a refund of the face value of the ticket, but not any additional fees.

    You have not been mis-sold anything, however you may have mis-bought. That is not the fault of the event promoter nor is it either the promoter or Viagogo's fault that you didn't read the terms and conditions. You will have confirmed you agree to them as part of the process.

    You do, however, have a right to complain, however that will not give you a legal right to a refund.
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  • KatherineCardill
    KatherineCardill Posts: 8 Forumite
    edited 7 October 2017 at 9:50PM
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    No you don't have a right to a refund unless the venue or date have changed, you're refused entry to the venue or the event has been cancelled
    That's not actually true. See Consumer Contracts Regulation 2013, part 3, paragraph 29.1: "29.—(1) The consumer may cancel a distance or off-premises contract at any time in the cancellation period without giving any reason, and without incurring any liability ..."


    The fact that ViaGoGo is refusing to comply just makes it harder, but you should persist.
  • CKhalvashi
    CKhalvashi Posts: 12,060 Forumite
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    That's not actually true. See Consumer Contracts Regulation 2013, part 3, paragraph 29.1: "29.—(1) The consumer may cancel a distance or off-premises contract at any time in the cancellation period without giving any reason, and without incurring any liability ..."


    The fact that ViaGoGo is refusing to comply just makes it harder, but you should persist.

    I did post a reply earlier, it seems to have disappeared.

    Ticket sales, where the contract provides for a specific date or period for performance, are exempt from the consumer cancellation rights set out in the Consumer Contracts Regulations.

    Other parts of the legislation applies to the sale of tickets however there is a specific exemption for the sale of the tickets themselves.
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  • KatherineCardill
    KatherineCardill Posts: 8 Forumite
    edited 8 October 2017 at 11:24AM
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    where the contract provides for a specific date or period for performance, are exempt from the consumer cancellation rights
    I disagree. You are reading paragraph 28.1h, which relates to "the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance". This doesn't apply to ticket sales.

    Even if it is exempt (which I don't believe), ViaGoGo's "performance of the contract" is the provision of tickets, and at no point during the sales process did ViaGoGo state the date of delivery.


    Also, they're in breach of plenty more sections of the regulation than just this clause, see my previous post.


    No point arguing the toss with you about this though, I'll let the court decide!
  • CKhalvashi
    CKhalvashi Posts: 12,060 Forumite
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    I disagree. You are reading paragraph 28.1h, which relates to "the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance". This doesn't apply to ticket sales.

    Even if it is exempt (which I don't believe), ViaGoGo's "performance of the contract" is the provision of tickets, and at no point during the sales process did ViaGoGo state the date of delivery.


    Also, they're in breach of plenty more sections of the regulation than just this clause, see my previous post.


    No point arguing the toss with you about this though, I'll let the court decide!

    I've had a look through your posting history and it doesn't tally with the legal advice I've received in the course of my own business activities.

    If you do take Viagogo to court then I'd be interested to see the result. If you were taking me (or legally speaking a company that I'm involved with) to court then I would fight the matter based on the advice I've been given.

    Just so I can't be accused of any conflict of interest, I have no affiliation to Viagogo, however I do act as a principal for live event tickets as part of my business activities.
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  • waamo
    waamo Posts: 10,298 Forumite
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    No point arguing the toss with you about this though, I'll let the court decide!

    How good is your knowledge of the Swiss small claims system? Can you claim for things like your hotel in Geneva?

    They are Swiss based with no physical presence in the UK. A claim might prove tricky.
  • KatherineCardill
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    Which part of "not arguing the toss" do you not understand? Or do you just enjoy spreading negativity and having the last word, as I see from your posts on other threads.


    It's just a case of doing your research and suing the right people. Cat Daly, I have a legal action pending right now, I'll let you know how I get on.
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