Online Ticket Company

[TONY7]

I have an issue with a company that specialises with getting hard-to-find tickets for concerts etc.

I have recently purchased 2 tickets advertised on their website as top price tickets - paying over the odds!

Received them today only to find the face value of these tickets were ONLY £65 each for an online price of £199 each.

I feel I have been ripped off this time as the price has been hiked up as well as being extremely extortinate.

How can I be protected from miss-selling, beach of consumer rights etc.

HELP!!

[watchinginvestigation2011]

Have you read the terms and conditions of their site?

What does it say there?

Might refer to how the price on the ticket might vary with what you pay?

 

Do they have a right to sell these tickets, some are not transferable, look into it xx

[rebel11]

Thread moved.

[perplexity]

The terms of The Consumer Protection from Unfair Trading Regulations 2008 provide a good deal of ammunition if the gist of your complaint is that the effect of a trader's action or omission was to persuade the average consumer to take a transactional decision that would not have been taken otherwise.

 

Unfair commercial practice is therefore established as a strict liability criminal offence, but there is still the need to prove that this is what happened or was a likely effect, as a matter fact.

[Pres22]

Where can I find this document?

[TONY7]

This is their USER AGREEMENT No Terms & Conditions:

BUYING TICKETS

5.1. Choosing a Ticket: As a Buyer, you choose a ticket from our listings and, when you've found the ticket you want at the right price, you click to buy that ticket, enter and confirm your Member details and credit card information, and confirm the purchase of the ticket. If you're using a credit card or debit card, that card must not expire before the date of the event for which you are buying a ticket. For example, if you are buying a ticket for a show next April, your card must be valid at least until after that gig.

5.2. Pricing: We will set out for you the list price of the ticket, the Booking Fee we charge, any VAT on that fee, and postage, to give you a total price. Where we can, we'll also show the original face price of a ticket, for your information.

5.3. Credit Card Authorisation: You agree to us debiting or authorising the amount of the total ticket purchase price (including commission, VAT, etc.) from your credit/debit card - we'll confirm to you how much this will be before you confirm the purchase.

5.4. Change in Ticket Details: The promoter of a given event (concert, match and so on) may change the specifics of that event from time to time. After the purchase, as owner of the ticket, you are responsible for verifying the time, date, seating and other specifics of the ticket prior to the event itself. If you become aware that any of the specifics (time, date, and venue) of your event have changed, please contact customer service as soon as possible. In the event of a cancellation, you must contact us as soon as you can. Seatwave is not responsible for the actions or failures of any venue, performer or promoter. All sales are final and Seatwave is not responsible for the actions or failures of any venue, performer or promoter. However, when buying tickets on Seatwave, you can also choose to add TicketCover™premium to your order. For details on what Ticket Cover Premium provides reimbursement against, please read the TicketCover premium policy.

5.5. Delivery: We try to ensure that all tickets are delivered at least 2 working days before the start of the event (depending also of course on the date of purchase of these tickets). If any ticket has not been delivered 2 working days before the start of the event we will try to source replacement tickets and get these to you by post, courier or collection (at our discretion) in time for you to attend the event. If we fail to provide you suitable replacement tickets, you will be entitled to a 100% refund of the prices paid for the tickets as further explained in our Ticket Integrity policy.

5.6. Delivery of Last Minute Tickets: Some performances on Seatwave feature Last Minute Tickets. These tickets are clearly marked as such on the Site and must be collected from a designated "Last Minute Collection Point" (located in the same town as the event) on the day of the event. Last Minute Tickets are generally available for sale right up until the event and allow Seatwave to offer a guaranteed service in situations where it wouldn't otherwise be possible to deliver tickets in time for the event. The confirmation email sent after the purchase of a Last Minute Ticket contains the location and opening times of the Last Minute Collection Point. Please note that Last Minute Tickets are only available for collection on the day of the event at the designated Last Minute Collection Point.

5.7. Seat: Please bear in mind that the actual seat numbers listed with us will be based on information submitted by Sellers. We have no control over the accuracy or completeness of that information, and it is always possible that actual seat numbers and allocations can vary, even from those stated on the ticket.

5.8. Confirmation: Once you receive your tickets, you agree to confirm receipt of the tickets by entering the shipping reference number into the relevant part of the Member section of our Site, or by communicating it to us in a way we may stipulate from time to time.

5.9. Distance Selling Regulations: Please note that we only provide a platform for Sellers and Buyers and that the cancellation provisions under the Distance Selling Regulations 2000 do not apply to your purchase of Tickets on this Site.

6.YOUR COMMITMENT TO US

6.1. About You: You represent and warrant that the information you have submitted to us in your registration to become a Member and in all other interactions with Seatwave and Members is true, accurate and complete. You agree not to use false names or addresses, or any other false information, in using the Seatwave Service. In order to facilitate an efficient marketplace for live events, ticket enquiries and disputes need to be resolved quickly. Therefore, you need to be reachable by email and/or telephone. We reserve the right to cancel a sale if we attempt but are unable to contact you via email or telephone and do not receive a response within 36 hours.

6.2. Accuracy and Completeness: Whenever you list a ticket with us as Seller, you represent and warrant that all information you have provided about that ticket is complete and accurate.

6.3. Ownership: You also represent and warrant that you own the tickets, and that you are entitled to list them for sale and to sell them on our Site. We may cancel your ticket listing or sale if we reasonably believe that you do not own or possess the tickets listed or sold on our Site.

6.4. Credit/debit card or bank account details: In an effort to minimise the effects of credit card fraud, you allow us to carry out random checks, including checks of the electoral roll, and you agree that we may request you to either fax or post to us proof of your address and a copy of a credit card recent statement before listing any tickets, making any payment or issuing any tickets. You acknowledge that your failure to supply the correct credit or debit card billing address information may result in the cancellation of your tickets or the withdrawal of any ticket you list on the Site. Please ensure that the billing address details you give match those on your billing statement.

6.5. Other Information: During any interaction with the Seatwave Services (including the forums, chat rooms and review services) or any Member you represent and warrant that any information or content you provide to us or any Member:

a) is not fraudulent;

b) is true, accurate and not defamatory, abusive, threatening, misleading or obscene;

c) does not involve the sale or procurement of counterfeit or stolen items;

d) does not infringe any third party's rights (including copyright, patent, trademark or any other right), be invasive of privacy or otherwise injure third parties;

e) does not infringe any law, regulation or code in your country or that of any corresponding Member (including consumer protection or misleading advertising); and does not breach any applicable Seatwave policies or guidelines;

f) does not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data; and

g) does not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

6.6. Legal Compliance: You represent and warrant that, during any interaction with the Seatwave Services or any Member, you will comply with all applicable local, regional, national and international laws governing the use of the Seatwave Service and the buying, selling and marketing of tickets. You also represent and warrant that you are 18 or over and therefore able to enter into legally binding contracts.

6.7. Tax Indemnity: You agree that we are not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You will indemnify and hold Seatwave harmless against all liabilities, costs, interests and expenses (including reasonable attorneys fees) incurred by Seatwave that arise out of any third party or governmental claim that involves, relates to or concerns (a) any local, regional or national tax obligation or amounts due or owing under any tax regulation, order law or decree or (b) any dispute concerning the tax status of Seatwave.

6.8. Indemnity: You agree to hold us harmless against all losses, liabilities, claims or demands arising out of any breaches of the representation and warranties and assurances in this clause 6.

[perplexity]

This is an offence, a misleading action, not a legitimate term:

 

5.9. Distance Selling Regulations: Please note that we only provide a platform for Sellers and Buyers and that the cancellation provisions under the Distance Selling Regulations 2000 do not apply to your purchase of Tickets on this Site.

 

Section 25(1) of the Regulations overrides disclaimers:

 

No contracting-out

 

25.—(1) A term contained in any contract to which these Regulations apply is void if, and to the extent that, it is inconsistent with a provision for the protection of the consumer contained in these Regulations.

 

Otherwise, the purpose of their scheme is obviously to conclude a distance contract.

[mert gowder]

interesting post