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Distance Selling Regs + Ticketmaster

  • 09-07-2008 11:43am
    #1
    Closed Accounts Posts: 661 ✭✭✭


    From the ticketmaster FAQ - "As with all Ticketmaster ticket sales, there are no refunds, exchanges or cancellations."

    Surely this contravenes the right of a consumer to have a seven day cooling off period when purchasing online!

    Say a person (A) purchased two tickets to an event as a gift, but the person receiving the gift has also bought tickets to the same event; could A cancel his purchase?

    Is it legal for them not to allow cancellations within a cooling off period?


Comments

  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    Interesting question.

    The fundamental difference may lie in the fact that you don't actually purchase the tickets, you purchase the right to attend the event - the tickets are just proof of that purchase.

    Though I can't see why the distance selling regulations wouldn't apply.


  • Closed Accounts Posts: 369 ✭✭sasser


    After the recent debacle with Aer Lingus, I remember a lady from the consumer agency saying the only 2 exceptions to those regulations are concert tickets and airline tickets, maybe someone can confirm this?

    Edited to add googled info!

    http://www.citizensinformation.ie/categories/consumer-affairs/consumer-protection/consumer-rights/distance_selling

    Taken from that page -
    The Directive and the Regulations do not cover:

    Financial services like insurance or banking
    Contracts concluded by means of automatic vending machines or automated commercial premises
    Contracts concluded with telecommunications operators through the use of public payphones
    Contracts for the sale of land
    Auctions (even if the auction is held online)


  • Closed Accounts Posts: 451 ✭✭Rhonda9000


    The Distance Selling Directive from recollection exempts inter alia:
    - contracts for the provision of accomodation, transport, catering or leisure services where the supplier undertakes when the contract is concluded to provide these services on a specific date or within a specific period (online booking of planes, trains and automobiles etc).

    This exemption is very advantageous for the supplier of such services for obvious reasons. The rationale behind it is that if a consumer were able to easily cancel their ticket on a whim e.g. a day before the event, it is not a straightforward task for the supplier to substitute another buyer for the service as he could with merchandise, i.e. the supplier could be left with empty beds, concerts, uncollected cars etc.

    In conclusion, the Ticketmaster FAQ quotation above appears to be in line with this exemption.


  • Registered Users, Registered Users 2 Posts: 2,876 ✭✭✭pirelli


    dK1NG wrote: »
    From the ticketmaster FAQ - "As with all Ticketmaster ticket sales, there are no refunds, exchanges or cancellations."

    Surely this contravenes the right of a consumer to have a seven day cooling off period when purchasing online!

    Say a person (A) purchased two tickets to an event as a gift, but the person receiving the gift has also bought tickets to the same event; could A cancel his purchase?

    Is it legal for them not to allow cancellations within a cooling off period?

    The law of equity is only a law if it's fair to both parties.

    I bought tickets from a ticket master agent in 2004 and the concert was cancelled and I rang ticket master last month and asked if I could still get a refund and they said yeah. Cash no exchange.
    I figured it would be like under contract law so 4 years wouldn't make any difference since it's 6 years for a breach of contract. Figured right, another 120 euro in the pocket, less interest over four years.


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