Not refunded booking fee?

This is their response this morning....

"Thanks for your e-mail.

I apologise for my delay in response.

The Consumer Protection (Distance Selling) Regulations 2000 states that tickets are exempt from the 7 day "cooling off period" attached to those good purchased over the internet. This can be found under the following:

The Consumer Protection (Distance Selling) Regulations 2000, Contracts to which only part of these regulations apply.
6.- (2) Regulations 7-19 Shall not apply to-
(b) Contracts for the provision of accommodation, transport, catering or leisure services, where the contract is concluded, to provide these services one a specific date or within a specific period.

To clarify, this includes concert and other event tickets.

You can find all information concerning Distance Selling Regulations on this website:

http://www.legislation.gov.uk/uksi/2000/2334/pdfs/uksi_20002334_en.pdf

I apologise I cannot help you further, if you have any further questions, please feel free to let me know."

Not entirely sure how that fits in with what i'm trying to say lol?!
 
Its completely irrelevant.

Tell them thanks for their email and you'll be taking it up with OFT.
 
WTF??

Did you mention the DSR? It's the unfair terms in consumer contracts regulations that matter here which are totally different.

I would do one more email pointing out that the DSR are of no relevance and you expect a refund in accordance with the OFT guidance on unfair terms in entertainment contracts. Failure to do so will result in you referring this to the OFT and trading standards.
 
I've asked them to highlight to me which part of the DSR is relevant to my query. If they don't provide anything satisfactory then i'll advise them i'll be referring this to the OFT and trading standards.
 
Back to square one with the response it would seem....

Thanks for your e-mail.

I apologise for the confusion, the Office of Fair Trading's "Guidance on unfair terms in consumer entertainment contracts" outlines the guidelines for refunds.

This proceeds to also state that the circumstances in which the consumer is able to gain a refund is outlined within the terms of the contract.

The terms and conditions that you were asked to accept in order to proceed to purchase state the following:

" In the rare event of an event being cancelled, Ticket Arena will contact the ticket purchaser using the details provided for the purchase. Ticket Arena will wait for official confirmation and will act to keep tickets already purchased valid for any rescheduled events. Should the customer not wish to attend a rescheduled event or if the event is cancelled then Ticket Arena will only refund the ticket purchaser the face value of the ticket."

Please let me know if you have any further questions
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If you wish to make life easier, you should probably go and find a nice brick wall to bash your head against rather than prolong the discussion.

They seem to miss the point of the guidance - refunds would be governed by the contract EXCEPT where terms in that contract are unfair.

Your move - forget it and move on; report to various authorities and move on; formal letter before action and then small claims court over a couple of quid.
 
How do you do a chargeback? I can't imagine its as simple as phoning your credit card and saying reverse this transaction, no questions asked!
 
PiKe said:
Do they not get that those terms will be deemed 'unfair' ?

Bunch of *****.
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Can you explain to me why they would be deemed unfair?
The money paid for the booking fee goes to the ticket sellers for their part in enabling you to buy the tickets, they've carried out their part of the deal and incurred the costs associated with that, they're now spending more time and money informing people that the organiser has cancelled for whatever reason and will then be spending even more time and money refunding people.
Why should they refund that when there's been no problem with the service they provided.
 
tom_e said:
Can you explain to me why they would be deemed unfair?
The money paid for the booking fee goes to the ticket sellers for their part in enabling you to buy the tickets, they've carried out their part of the deal and incurred the costs associated with that, they're now spending more time and money informing people that the organiser has cancelled for whatever reason and will then be spending even more time and money refunding people.
Why should they refund that when there's been no problem with the service they provided.
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Because OFT667. It explains in detail and is quoted above.

Nothing stopping the ticket company from claiming it back from the organiser - but this would be covered in their business-business contract.
 
tom_e said:
Can you explain to me why they would be deemed unfair?
The money paid for the booking fee goes to the ticket sellers for their part in enabling you to buy the tickets, they've carried out their part of the deal and incurred the costs associated with that, they're now spending more time and money informing people that the organiser has cancelled for whatever reason and will then be spending even more time and money refunding people.
Why should they refund that when there's been no problem with the service they provided.
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I guess it's like if you bought something online and paid delivery, then the company decided they didn't actually have any stock so gave you a refund but kept the delivery charge.

When you return an item to a shop they don't give you a refund minus their staff time or card processing fees do they, they absorb them as a cost of doing business.
 
Are you continuing to pursue this? Assuming there's no cost involved it may be worth forwarding this onto OFT. Not for the couple of quid you're missing out on, but for the principle in that consumers shouldn't be out of pocket in situations like this.
 
tom_e said:
Can you explain to me why they would be deemed unfair?
The money paid for the booking fee goes to the ticket sellers for their part in enabling you to buy the tickets, they've carried out their part of the deal and incurred the costs associated with that, they're now spending more time and money informing people that the organiser has cancelled for whatever reason and will then be spending even more time and money refunding people.
Why should they refund that when there's been no problem with the service they provided.
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I'm assuming, much like lost parcels, the booking company has a contract with the organiser, not you. If the organiser cancels then the should pay the booking fee as well.
 
I will be yes, i've just been busy the past couple of days. It's not about the money as its only a few quid its more the principle and the fact they are allowed to do something like this!
 
tom_e said:
The money paid for the booking fee goes to the ticket sellers for their part in enabling you to buy the tickets, they've carried out their part of the deal and incurred the costs associated with that, they're now spending more time and money informing people that the organiser has cancelled for whatever reason and will then be spending even more time and money refunding people.
Why should they refund that when there's been no problem with the service they provided.
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Because the service they provide isn't really to you, it's to the organisers. You'd buy the tickets from the organisers if you could, but they've chosen to subcontract that out to a third party instead.
 
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