Tickets Scotland Ltd
- Investigation:
- Tickets Scotland Ltd
- Contract identifier:
- UTCCRContract-1
- Country of complaint:
- United Kingdom
- Country of origin:
- United Kingdom
- Trading sector group:
- City of Edinburgh Council
- Trading Sector: xxxxxxx
- Holiday and Entertainment//Entertainment, catering and accommodation --Holiday and Entertainment//Entertainment, catering and accommodation
- Action taken by:
- OFT
- Local Authority:
- City of Edinburgh Council
- Legislation used:
- Community Infringements Specified UK Laws//Unfair Contract Terms 1999
- Regulation considered:
- Unfair Contract Term
- Notes:
Notes
| Original term | Application of regulations/Enforcer view | How changed | New term |
|---|---|---|---|
| The Promoter reserves the right to alter or change the programme | 1(k) Right to change what is supplied : permitted the promoter unfettered discretion to supply something different to what the consumer had paid for. |
Revised so as to warn the consumer that because events are organised a considerable time in advance the Promoter must reserve the right to make changes to the event; most changes will only be minor, but occasionally 'significant changes' may be required. A 'significant change' is defined as the cancellation of the main performance or an alteration to the date, time, content or venue of the event. Where a 'significant change' occurs the consumer will be warned and is entitled to either exchange the ticket for that of an alternative venue or receive a refund of the ticket price and booking fee (if one has been paid). | 1 and 2 |
| Tickets cannot be exchanged ... unless event is cancelled | 1(b) Exclusion/restriction of liability for breaches of cont : by limiting the consumer's right to redress to circumstances where the event was cancelled, the term unfairly denied the consumer the right to a refund where the event was substantially altered. |
See the revision above concerning the consumer's rights where an event is cancelled or a 'significant change' is made. | 1 and 2 |
| In the event of cancellation ... face value ... is non-refundable | 1(b) Exclusion/restriction of liability for breaches of cont : unfairly denied the consumer the right to a full refund of fees paid where the event was cancelled or postponed. |
Revised to provide that where the event is cancelled the consumer will be entitled to a refund of the ticket price plus any booking fee paid by the consumer. | 2 |
| ... no liability for any loss ...cancelled/postponed/curtailed | 1(b) Exclusion/restriction of liability for breaches of cont : permitted the supplier to unfairly exclude its liability in negligence or where it failed to act with reasonable care and skill. |
Amended to provide that the supplier's liability for cancellations or changes will be limited to offering a ticket for an alternative venue or refunding the ticket price and any booking fee. The term makes clear that this does not limit the consumer's rights against any third parties (see 'Intelligibility' box below for further information). Furthermore, a new term (Term 4) states that the supplier will not be liable for; losses unforeseeable to both parties when the contract was made, losses not caused by any breach on the part of the supplier, business losses and losses arising from cancellation or changes to the event due to reasons beyond the supplier's, or the promoter's, control (including a number of examples to illustrate circumstances that would be outside their control). The inclusion of two additional new terms (Terms 5 and 6) also provide that that where the supplier is responsible for failing to deliver tickets it will be liable to the consumer up to the cost of the ticket, the booking fee and any delivery fees incurred by the consumer. | 3, 4, 5 and 6 |
| A copy of these terms ... available on request | 1(i) Binding consumers to hidden terms : potentially unfairly bound the consumer to terms and conditions he/she had not had the opportunity to read and understand before becoming bound by them. |
Deleted | Deleted |
- Outcome reached:
- Undertaking obtained with no admission
- Date effective:
- 26 May 2004
- Received from:
- Outcome text:
Other Information
The terms and conditions were completely revised to form a more clear and comprehensive document.
Intelligibility
Term 2 - the OFT was concerned that there was a risk of consumers not understanding the relationship between the supplier and the promoter, and subsequently mistakenly thinking that the promoter's liability, in circumstances where an event is cancelled or significantly altered, could also be limited to the refunding of ticket fees or the provision of a ticket for an alternative venue. The OFT's concerns were meet with the inclusion of the statement that the term does not limit the consumer's rights against any other third parties.
- OFT telephone enquiries:08457 22 44 99
- Consumer Direct telephone enquiries:08454 04 05 06