I bought tickets for myself and a couple of friends for a gig. The gig was cancelled and the ticket company refunded to me the face value of the tickets, i.e. they kept the booking and transaction fees that amounted to about 14% of the total price.
I was a bit peeved about that, but they had covered themselves in their Ts & Cs. Then one of my mates pointed me towards Guidance on unfair terms in consumer entertainment contracts. This was produced back in 2003 by the OFT and includes such guidance as “Where fairness requires a refund of the face value of a ticket (for example on cancellation, rescheduling or a material change) any booking fees charged should also be refunded.” When combined with The Unfair Terms in Consumer Contracts Regulations 1999 such terms appear to be very likely to be unfair and thus invalid.
With this in mind I’ve opened a PayPal dispute on the matter. In their first reply the ticket company said (paraphrasing a bit) that their Ts & Cs were legally binding so I should suck it up. When I suggested that their Ts & Cs were not binding if they weren’t fair they said that the fees cover their business overheads and as it was their suppliers (the concert promoters I presume) who let them down I should suck it up. Again, a bit of paraphrasing there.
What confuses me is that the OFT guidance is from 2003, well over 10 years ago, but it still seems common for ticket companies to hold onto fees when a concert is cancelled. Is such guidance not worth the paper its written on or are the companies just relying on inertia and the fairly safe assumption that nobody’s going to take them to court over a few quid?
I’m not going to take the ticket company to court over this, but I can escalate my PayPal dispute into a claim. Can anyone with experience in PayPal claims advise whether the sort of arguments I’ve outlined above cut any ice with PayPal or am I on a hiding to nothing or worse?