Cancelled concert tickets

[androobe]

Just a pretty basic one... I had tickets for a concert booked last Oct for 31st March. The tickets included a £5 "booking fee". I received an email from the booking company (seetickets.com) a couple of weeks ago, saying the concert has been postponed until 6th April. I'm unable to attend then as I'm already on holiday, so I asked them if I could cancel an get a refund. They agreed, however said my £5 booking fee would not be refunded.

 

To cut a long story... I wrote to them disputing this, saying it's either a penalty (unlawful as common law) or for a service which I haven't received (bear in mind I never ever received any tickets). They have written back saying the service is for "booking the tickets with the venue and keeping me informed of changes etc". This sounds like a con, as they can re-sell the seats, or of course make up concerts they later cancel and keep all the booking fees!

 

I know it's only £5, but does anyone have opinions on whether I should pursue it?

[buzby]

I think you should. Booking Fees are already being viewed as an unfair additional burden as the Ticket Agencies buy the tickets for less than the face value anyway. The crux of your argument is that you entered into a contract with them to supply the tickets for the performance and date you you requested. Since the date has changed and the rescheduled date is not suitable, you require a complete refund of all moniews paid as no service has been provided to you by the seller. Dig your heels in, I can see no way they can win this.

[androobe]

Thanks buzby, that's what I thought too. It's going to be an expensive fiver for them to defend in court! All of my disputes at the moment seem to be over £5... but they do add up!

[buzby]

Agreed - it's just a pity that good customer relations ends on the steps of the local court. No wonder we're all turning into Victor Meldrew's when we have to fight to retain our money!

[androobe]

OK, so this is the first time I have written my own court claim! Could I have comments on the below to see how good/bad it sounds with any suggestions.... Thanks! I know I shouldn't be able to claim costs, but for such a small amount, surely this is reasonable?

 

1. Claimant purchased two tickets for event “Faithless” in Sheffield via seetickets.com website on 11/11/06 for event on 31/3/07 for total £59.80 including £4.80 transaction fee reference XXXXXXXX. Tickets were to be delivered Special Delivery 2. On 15/12/06 claimant was informed by email the event had been cancelled and rearranged for 6/4/07 a date when claimant cannot attend due to other commitments. Tickets had not yet arrived. 3. Claimant phoned defendant on this day to cancel tickets, was advised only £54.80 would be refunded, a call back was promised by defendant to discuss but did not materialise. 4. Claimant suggests refund of £5 less than original cost is a penalty unlawful at common law as service of issuing tickets has not occurred and has written to defendant who has denied this. 5. Claimant requests refund of £5 plus reasonable costs incurred in contacting defendant of £2.50 plus court fees.

[buzby]

Looks good, although I think you should emphasise you're being short-changed, this isn't made forcefully. I'm assuming you've already been refunded the amount you paid, less the £5? If not, then your action is for the full amount you paid, and clause 5 should be modified accordingly. Finally I'd be reluctant to make any assertion under common law, as I've been judges wince at statements like this. They like to be the arbiter of things like this!

 

4. Claimant contends he is due a refund in full for all amounts paid as the defendant has not provided the tickets required. The witholding of £5.00 as a service fee is rejected, as the defenders have not incurred any expense on the claimants part.

[blacksheep1979]

Simplest way (I did this on a canceled event) if you paid by credit card then issue a chargeback.