Manchester’s new Co-op Live Arena delayed its opening again this week, this time canceling American rapper A Boogie Wit Da Hoodie’s show at the last minute as concert-goers queued outside. Then he canceled Olivia Rodrigo’s concerts this weekend.
Ticket holders are understandably furious. But what are your rights as consumers?
And can those who have incurred travel and accommodation costs demand compensation?
Here the Mail’s consumer lawyer, Dean Dunham, explains everything you need to know:
Fans leave Co-op Live in Manchester after yesterday’s canceled Boogie Wit Da Hoodie concert
YOUR CONSUMER RIGHTS
As it is the venue that has canceled the concerts, anyone who purchased tickets directly from the venue or from its official ticket seller, Ticketmaster, will be entitled to a refund of the face value of the ticket or to have their ticket renewed. to a rescheduled date.
You can choose which option you prefer, but the downside to opting for a refund is that you generally won’t get back any booking or administration fees you’ve paid.
If you purchased your ticket from an individual or secondary ticket seller, you will have no direct contract with the venue and therefore will have no obligation to refund them. Instead, you will have to pursue the person or entity that sold you the ticket.
TRAVEL AND ACCOMMODATION COSTS
Many of those who were planning to attend the venue will have incurred travel and accommodation costs that will now have been wasted due to cancellations.
In law, this is known as ‘consequential losses’ which you can usually claim when a trader breaches their contract with you.
The problem here is that venue and ticket sellers clearly state in their terms and conditions that they will not pay indirect losses and always stick strictly to this line.
My view is that ticket holders are sometimes entitled to consequential losses regardless of any exceptions in the ts and cs, and that such a claim would have good prospects of success in court in certain circumstances.
As an example, it has been reported that footage filmed outside the stadium yesterday, just hours before A Boogie Wit Da Hoodie’s concert began, showed the area looking like a construction site, with an excavator and dump truck parked outside between the buildings. materials.
This would suggest that the venue knew, or should have known, that this week’s events would not take place.
If this could be proven, there would be a very strong argument for ticket holders to claim consequential losses, especially considering that the remedy for breach of contract in English law is to “return the innocent party to the position in which he would have been.” “. there would have been if the infringement had not occurred”.
Notwithstanding the above, if you booked your tickets as part of a package (i.e. you booked the tickets and travel/accommodation together), you will be entitled to a full package refund, meaning you will be refunded your travel costs /accommodation wasted. .
WITHOUT COMPENSATION OR CHARGEBACK
With the exception of a possible claim for indirect damages, ticket holders will unfortunately not be able to claim compensation.
I have been inundated with people asking if they can make a chargeback or Section 75 claim in relation to wasted travel/accommodation costs and claim compensation for canceled events. This is where you ask your debit card provider (chargeback) or your credit card provider (Section 75) for a refund while they chase the seller for you.
Unfortunately, the answer is no in both cases. To make a chargeback or Section 75 claim there must be a “breach of contract.”
There are none here because the travel and accommodation providers have not cancelled. Regarding the issue of compensation, you can only claim money back for the goods/services, under Section 75 or the chargeback system and therefore have no right to claim compensation in this way.
IS THERE A TIME LIMIT ON HOW FAST REFUNDS SHOULD BE MADE?
This weekend’s concerts by American singer Olivia Rodrigo are also canceled
Article 45 of the Consumer Rights Act states that where a consumer is entitled to a refund, this must be made without undue delay and in any case within 14 days from the day on which the trader accepts that the consumer You are entitled to a refund. refund.
It’s also worth noting that refunds are usually made through the same method used for payment, so if you paid with a credit card, you will receive a refund on the same card.
IS THERE A TIME LIMIT FOR THE ARTIST TO RESCHEDULE?
The law does not impose any obligation on venues/merchants in relation to rescheduling canceled events. However, until the event is rearranged, consumers will always have the right to change their mind about attending and request a refund.
COULD THERE BE A CLASS ACTION?
Picking a fight with a large organization often feels like a David and Goliath challenge, which is why consumers often avoid taking such action. We have the ability in the English courts to establish a group litigation order, more commonly known as a class action.
This is where the litigants with the dispute and with the same defendant, group together to file the action. This could be a possibility here for those who don’t have any money out of pocket.
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