Taiwan's National Symphony Orchestra canceled a March 5 concert scheduled to feature soprano Anna Netrebko in a decision the orchestra said it made "due to public concerns." Netrebko had been scheduled to perform with her husband, tenor Yusif Eyvazov, and mezzo-soprano I-Chiao Shih. 6.7 Third Party Information. In the event of a postponement, refunds are not granted. You also grant Us a non-exclusive, transferable, worldwide, paid-up, royalty-free right and license to reproduce, modify, adapt, publish and display on the Site and on the sites of our marketing partners your descriptions of tickets listed for sale. 2. Which? They will not give me any explantion for this. If your event has either been cancelled or postponed, as soon as we know more information we will contact you with all the relevant details. A CMA court order requires Viagogo to clearly disclose key information on its listings, such as resale restrictions on tickets. Only to be given the run around. The Viagogo ticket refund class action lawsuit was filed by Lauren Shiflett, who says she bought two Tool concert tickets through viagogo.com, under the belief that the company would honor its "Viagogo Guarantee" and give her a refund if the event was canceled. the concert had been announced cancelled for the last 5 weeks and everyone who purchased their tickets via . If the listed ticket is not delivered, viagogo shall have the right to charge the Seller a replacement fee and other charges, as specified in Section 5. Viagogo first claimed it wasn't cancelled, before eventually confirming it was and offering Gill the option of a voucher worth 125% of the original order, or a full refund. viagogo reserves the right to prohibit anyone who brings a fraudulent claim from having further access to our website. BTW the tickets were available also the same day of the concert. Except as expressly stated otherwise, all notices to You shall be sent to the email address You provided to us during the registration process. We often link to other websites, but we can't be responsible for their content. Note that the Seller may or may not be required to charge you Tax on the sale of your ticket. Per the Viagogo site, because it was a rescheduling and not a cancellation, refunds were not available. 3. . 2.2 Registration. You represent and warrant that any information You provide to us, to other members, or to visitors of the Site (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) does not involve the sale of counterfeit or stolen items; (d) does not infringe any third party's copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) does not violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (f) does not contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information. 6.3 Allocation of Risk. 7.2 Copyright. 5.Select 'Item dispute', click Continue and follow the on . In the case of refunds, we appreciate our customers' patience while we process their request.'. Once the Seller lists tickets for sale, the Buyer purchases these tickets, and the Seller has confirmed the sale, the Seller is responsible for completing the transaction with the exact tickets the Seller has listed. Viagogo cannot provide a valid replacement, since all tickets sold through their site are now invalid, therefore they should provide a refund. This is so we can promote the sale of tickets and items that You list for sale. spiritus Forumite. Explain your case the best you can. Coronavirus outbreak: cancelled or postponed events - can I get my money back? In the event that an event is cancelled or re-scheduled, viagogo reserves the right to cancel a seller's transaction. You agree that We shall not be liable to You or any third party for any modification, suspension or discontinuance of the Site or any Services under this agreement, for any reason. They keep finding excuses as to why it has not been processed. Except as noted in Section 2.9 a), the Seller must confirm the order within forty eight (48) hours of the sale of the tickets. If you bought your ticket from SM Tickets in SM Department Stores, Eastwood, or Lucky China Town and you paid in cash, you need to surrender your ticket . In Australia, this is what was done to Viagogo: Ultimately, Viagogo was found liable and fined for infractions pertaining to official site representation (AUD 2.5 million/$1.75 million), total price representation (AUD 1.5 million/$1.05 million), part price representation (AUD 500,000/$350,250), and quantity representations (AUD 2.5 million/$1.75 million). Viagogo told us: 'Our customer service teams are working hard to confirm the status of all events and contact customers to inform them of any changes. Tomorrowland 2023 Tickets. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. If the event has been cancelled, send them evidence of this. 21 December 2016 at 10:00PM in Theatre, concert & events tickets. To post a ticket for sale on viagogo You must first register with the Site. I was promised a refund. Given its business model, Viagogo should have had funds reaped from ticket sales readily available to timely refund buyers, the complaint says, stressing that consumers relied on the promise . Rufus Du Sol Tickets. Originally 16 concerts were set to take place across the UK and Ireland in the winter of 2020 but the ongoing COVID-19 pandemic saw this leg of the tour postponed to 2021. . Check out our list of Class Action Lawsuits and Class Action Settlements you may qualify to join! However, Shiflett alleges that after the Tool concert and thousands of other events were canceled due to the COVID-19 pandemic, the company unjustly avoided fulfilling its refund commitment. Ticket listings are a representation of actual seat location. Viagogo will never pay you after you sold your tickets and you can never get back your money. To register, You must provide your real name, address, phone number, and email address. Send us your story with as much detail as possible to fill out our investigation. 8:20-cv-01880, Jurisdiction: United States District Court, Middle District of Florida, Products/Services: Non-refundable tickets to concerts, Allegations: Viagogo denies its customers refund despite the Viagogo Guarantee. Knotfest Japan Tickets. What are the viagogo Terms and Conditions? Viagogo will keep saying they already paid you but they will never show you the proof of payment. 2.9 a) Exception to Sellers Obligation to Confirm. You agree that viagogo is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. 6.10 Notices. Shiflett claims she purchased two Tool concert tickets through viagogo.com, believing that the company would fulfill its Viagogo Guarantee and offer her a refund in the case of a cancellation. Join The South Shore Hospital Data Breach Class Action, Today! The Viagogo Refund Class Action Lawsuit contends that Viagogos action is in direct violation of the companys stated policy. Ticketmaster's refund policy is clear: All sales are final, and refunds are allowed . The information accessed Read More, Are You a Current or Former Employee or Patient of South Shore Hospital In Chicago, Illinois? Which? NOW THEY CLAIM I OWE THEM THE MONEY FOR THE TICKETS I HAVE HAD TO WASTE SO MUCH TIME TRYING TO RESELL ON OTHER PLATFORMS, This is insult to injury and I have been told by my credit card company that they may consider me the thief even though I made no money from the resell, VIAGOGO did, they have now been paid TWICE for the same tickets and they refuse to refund the new buyer either. FanFair Alliance - Ever get the feeling you've been cheated? Which? Gordon Scott had a similar experience, after buying a ticket to Leeds festival to see headliners, Rage Against the Machine, on the Friday night. Viagogo's website states that customers are only entitled to refunds if an event has been cancelled, not if it's been postponed. Answer (1 of 3): Viagogo runs prudent customer care operations. Event dates, times, venues and subject matter, which are listed on the ticket, may change. Welcome to viagogo's online ticket exchange (the "Site"). Be the first to hear about special offers. The difference between 'cancelled' and 'postponed' events is . I have lots of interesting documentation. 6.9 Change or Suspension of Site. 4. For the avoidance of doubt, if a restriction on the ticket is disclosed to You in advance of your purchase, You will not be entitled to a refund unless you have first attempted to gain access to the event in question and have been denied entry to the event because of such restriction. 2.1 Requirements. A Which? They wait till the concert is over to say, it has past and there is nothing they can do, no refund no voucher for me. It means that if tickets can be transferred to a 2021 event, Viagogo will not refund ticket holders, even if the 2020 event is confirmed as cancelled. You will be entitled to a full refund or a 120% voucher. The authorisation will remain on the Buyer's credit or debit card until the sale is completed or the order is cancelled. 'Eventually Viagogo offered me a refund but I don't think many people have the tenacity to hound them like we did,' he told us. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our Site may be interfered with by numerous factors outside of our control. The ticket resale website Viagogo is refusing to refund fans who bought tickets for gigs and sporting events cancelled because of the pandemic, according to the consumer group Which . You consent to the exclusive personal jurisdiction and venue of Swiss courts. If your event has either been cancelled or postponed, as soon as we know more information we will contact you with all the relevant details. Viagogo told us that because the tickets for the 2020 event can be transferred to the 2021 event, this is categorised as rescheduled rather than cancelled. We attempt to ensure all tickets are delivered in time for the event, time scale permitting We may require a venue or box office collection (pick-up). Viagogo refused to refund her on the basis that Festival Republic had given buyers the option to carry over their ticket to next year. Sellers can Report a Problem using the Report a Problem link on the online confirmation page. You agree that We may report any activity that We suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. Taylor Swift Tickets. This left many customers, like Faye Hearn, concerned they'd be left out of pocket. The refund will be received from the Event Organizer within 30 days. It states that if an event organiser offers tickets to . Suggested Article: Verizon Wireless SMS Refund Settlement Details. Piggyback tickets are for seats that are directly behind each other.To list as a Seller, You must provide a valid credit or debit card. Our guarantee does not affect Your statutory consumer rights under UK law. If you booked with a primary ticket seller and paid with your debit or credit card, you may be able to make a claim with your bank if the ticket company doesn't offer a refund. Eric Clapton Concert Tickets. Viagogo's "Guarantee," supposedly protects consumers in the event they are sold invalid tickets and says a replacement or refund will be provided. Viagogo has wriggled out of issuing refunds, adding a clause to its cancellation policy which states if an event organiser offers tickets or vouchers to another event customers will be entitled to those tickets or vouchers. For all tickets You list as the Seller, You warrant that Your descriptions of the tickets accurately detail and describe the tickets offered for sale. Events scheduled for 2020 have now been postponed into 2021; however, Viagogo's website explains that refunds are only available if an event has cancelled. You agree not to include in your delivery to the Buyer any promotional or other commercial material that is not provided or approved by viagogo, other than a VAT invoice if relevant and if requested by the Buyer and viagogo. I have called over 30 times half of them tell me oh yes your event is canceled im going to escalate your case and the other half lie and says no your event is only postponed. Let us know in the comments! I relisted, but Viago relisted Harry Styles tickets to a date that does not exist in Dallas. If you bought your tickets from Viagogo or Stubhub, get in touch with them to let you know you'd like a refund. If the event . 'They're refusing a refund on the basis that the tickets can be carried over to next year's festival,' she told us. Once the Buyer finds a matching ticket, the Buyer notifies Us with an "offer" that the Buyer is willing to purchase the ticket. All Rights Reserved. However, Shiflett says, after the COVID-19 pandemic canceled the Tool concert . Some sites, like Viagogo, have already said customers will get a full refund in the event of a cancellation. Instead it is claiming the events have been postponed, even when the organisers confirm they have been cancelled. These Terms and Conditions (including any documents referred to in it) ("Agreement") list the terms of the agreement between you ("You") and viagogo AG ("viagogo" or "We" or "Us") for the buying and selling of tickets ("Tickets"), and all other services that We provide (the "Services"). We will contact you. 'I told Viagogo that if I'd known the event was in 2021, I wouldn't have booked the tickets,' she told us. Furthermore, users of Viagogo in the United Kingdom have also reported similar issues in requesting refunds for tickets acquired through Viagogo following the cancellation of events due to the pandemic. All forms of redress are non-transferable and non-refundable. Ticket-holders to postponed events will be able . You further represent that you have purchased or been issued the ticket(s) or have a right to purchase or be issued the ticket(s) prior to listing such ticket(s) for sale. They did not admit to law breaching and refused to provide a refund. May 3, 2021 / 1:22 PM / AP. viagogo reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or any part of the Site with or without notice. Viagogo is a ticket marketplace for concerts, sports and theatre events. Viagogo had a selection of how much did you want to spend for a ticket. Ha*Ash Concert Tickets. 'It's been a bit of a headache and I don't know where I stand with anything.'. Once a ticket is posted, We strongly discourage posting that ticket for sale elsewhere. You also warrant that you own the tickets. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. One customer, Melissa Taylor, paid more than 270 for two tickets to the Wireless festival, an event that the organiser, Festival Republic, says has been cancelled. We have the right to withhold payment or collect repayment if the event was re-scheduled or cancelled or if We have a good faith basis to believe such sales were unlawful or otherwise made in material violation of this agreement. found tickets for Hamilton at Victoria Palace Theatre being sold for 714 per ticket and in breach of the venue's T&Cs. 6.2 Waiver of Consequential Damages; Liability Limit. Coronavirus refunds: why fans are raging over ticket policies, Original reporting and incisive analysis, direct from the Guardian every morning. Typically, upon the Buyer completing the transaction, We collect payment from the Buyer for the listed price, booking fees, delivery fees, and taxes on our fees. Viagogo, a ticket marketplace platform, is battling to avoid nationwide certification of a class action lawsuit alleging it failed to provide refunds for events scheduled during the pandemic. Generally; My event is cancelled or postponed - What do I do? Moreover, this appears to have been Viagogos policy for an extended period. Tickets for these particular events carry over and are valid for the event in 2021, so as per our terms and conditions the customer is not entitled to a refund in this situation. Ive been told a refund is coming in 10 days 4 times now. It says Shiflett has not provided sufficient analysis of the impact of state laws on a nationwide Class. Note that Your payment may be withheld if you violate this clause. If a Seller sends tickets that are not consecutive, but listed them as so, viagogo may charge the seller a replacement fee and other charges, as specified in Section 5. According to the Ticketmaster website, all shows have been cancelled which included dates in Manchester and Paris this month. Back in Tasmania after the cancelled concert in Perth, Shane and Jane Johnson applied to Viagogo for a refund. It asserts that Shiflett did not adequately analyze the effect of state laws on a nationwide Class. This company is a total scam. The court would need to determine which Class members would choose the voucher over a cash return as per the company. expected to be mailed out. This includes, without limitation, material that announces a website or invites the Buyer to visit a website other than viagogo, catalogues, business cards, business reply cards, bookmarks, coupons, flyers, solicitations or other marketing or advertising material. In response to coronavirus, Viagogo published a new COVID-19 policy on its website and added a new term. viagogo aims to provide buyers with the widest possible choice of tickets to events, and enables sellers to reach a . How do I unsubscribe from your newsletter? A spokesperson for Viagogo said: This is an unprecedented time for the live events industry, and we understand that customers might be left disappointed by the fact that thousands of events globally are being postponed, rescheduled or cancelled. Actions does not process claims and we cannot advise you on the Editors Note on Viagogo Refund Class Action Lawsuit: : Lauren Shiflett v. Viagogo Entertainment Inc., Case No. At no time do We provide the Buyer's payment information to the Seller. Take a photo of a faulty item and add a brief description. A payment to viagogo will appear on the Buyers payment method statement as VIAGOGO EVENT TICKETS. Elton John Concert Tickets; Andr Rieu . The CMA also asks event organisers to ensure that, as a minimum, restrictions are clearly disclosed on the event's website and the first page of the purchase process of all official sellers. However, Shiflett says, after the COVID-19 pandemic canceled the Tool concert and thousands of other events, the company unlawfully avoided honoring its promise of a refund. Many event managers have already committed to providing refunds for cancelled events. You shall indemnify and hold viagogo and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorneys' fees) incurred by viagogo that arise out of any third party or governmental claim that involves, relates to or concerns (i) any local, regional, country, or international tax obligation or amounts due or owing under any tax regulation, law, order or decree or (ii) any dispute concerning the tax status of viagogo. 2.7 Payment Authorisation. In the rare instance that a problem arises and the original ticket Seller does not provide You with the tickets listed for sale, viagogo will, in its discretion, review comparably priced tickets and offer You replacement tickets at no additional cost, or viagogo will issue You a refund for the cost of the tickets. All Rights Reserved. 2.10 Collecting Payment. Viagogo is refunding people who bought tickets to events that have been permanently cancelled due to coronavirus - or giving them a "125% voucher". Tickets may be substituted with comparable or better seat locations without the Buyers approval. We always ask that people only buy from authorised sites in order to protect themselves.'.