Viagogo Dispute
Discussion
I have bought and sold football tickets on Viagogo many times with no issue. Been very impressed.
A couple of months ago my son found two tickets on sale for the upcoming El Classico (Real v Barca) at a really daft price, about €60 each. Other tickets were around €300 each. So we bought them.
Obviously we were a bit concerned that there was an error so rang Viagogo before booking flights etc. They assured up that all was in order and if there was any problem, were fully covered by the Viagogo guarantee on the website.
This reads Buyers are guaranteed to receive valid tickets in time for the event. If a problem arises, Viagogo will step in to provide comparable replacement tickets or a refund where this is not possible.
On Tuesday I got an email from Viagogo to say the seller had made a mistake with the price and had withdrawn the tickets, and Viagogo would refund us our money.
I emailed back to say this was unacceptable. We'd booked return flights to Madrid, and 3 nights accommodation (going Friday, returning Monday), plus travel insurance and airport parking, all of which were non refundable. I referred them to their guarantee and said that it was clearly possible to supply replacement comparable tickets as there are plenty still available on the Viagogo website. The refund is only an option if comparable tickets are not available, but they are.
My son just managed to talk to Viagogo who admit their guarantee is badly worded (he recorded the call) but when they say comparable tickets, they mean price comparable. As there are no other tickets available at a comparable price, we can get stuffed basically. And the money we paid has now been refunded onto my credit card.
My son told them they had 24 hours to either supply replacement tickets or pay up €500 each to cover our losses, failing which we would take the matter to a small claims court.
Do the PH legal massive think we have a case. Also, Viagogo are a French frim, so would this hamper a small claims court action?
A couple of months ago my son found two tickets on sale for the upcoming El Classico (Real v Barca) at a really daft price, about €60 each. Other tickets were around €300 each. So we bought them.
Obviously we were a bit concerned that there was an error so rang Viagogo before booking flights etc. They assured up that all was in order and if there was any problem, were fully covered by the Viagogo guarantee on the website.
This reads Buyers are guaranteed to receive valid tickets in time for the event. If a problem arises, Viagogo will step in to provide comparable replacement tickets or a refund where this is not possible.
On Tuesday I got an email from Viagogo to say the seller had made a mistake with the price and had withdrawn the tickets, and Viagogo would refund us our money.
I emailed back to say this was unacceptable. We'd booked return flights to Madrid, and 3 nights accommodation (going Friday, returning Monday), plus travel insurance and airport parking, all of which were non refundable. I referred them to their guarantee and said that it was clearly possible to supply replacement comparable tickets as there are plenty still available on the Viagogo website. The refund is only an option if comparable tickets are not available, but they are.
My son just managed to talk to Viagogo who admit their guarantee is badly worded (he recorded the call) but when they say comparable tickets, they mean price comparable. As there are no other tickets available at a comparable price, we can get stuffed basically. And the money we paid has now been refunded onto my credit card.
My son told them they had 24 hours to either supply replacement tickets or pay up €500 each to cover our losses, failing which we would take the matter to a small claims court.
Do the PH legal massive think we have a case. Also, Viagogo are a French frim, so would this hamper a small claims court action?
I'd concur with JustinP1 - if their guarantee is poorly worded then IIRC it comes down on a reasonable interpretation of comparable. As ticket prices fluctuate, it would be reasonable IMHO that the tickets would be for a similar area within the event on the same date/time. I'd also expect that a lesser ticket may also be acceptable, and a refund, and that if only superior tickets were available to be given the option to upgrade to those, though I'd imagine this would be at their discretion.
Given that the price is set by the individual sellers and not the site, how is it reasonable to expect equivalent area tickets? Otherwise what is there to stop your mate offering a ticket at 1/10th face value, withdrawing it once you've bought and getting you a set at whatever silly price other vendors ask?
TwigtheWonderkid said:
They are still selling tickets in the same area of the ground as ours were (top tier of the Bernabau, the lowest category of ticket) for circa €350 each.
http://www.viagogo.co.uk/landingpage/1044610"What is the viagogo Guarantee?
Buyers are guaranteed to receive valid tickets in time for the event. If a problem arises, viagogo will step in to provide comparable replacement tickets or a refund in the rare instances where this is not possible."
It doesn't say, "Buyers are guarantee to receive valid tickets in time for the event as long as we can get some at the same price."
However, their terms say something a bit different:
1.3 viagogo Guarantee. When You purchase tickets on viagogo, viagogo guarantees that You will receive the tickets You paid for in time for the event. 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 sole and absolute 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. "Comparably priced" replacement tickets are determined by viagogo in its sole and absolute discretion.
Edited by JustinP1 on Thursday 12th November 15:46
Tom_C76 said:
Given that the price is set by the individual sellers and not the site, how is it reasonable to expect equivalent area tickets? Otherwise what is there to stop your mate offering a ticket at 1/10th face value, withdrawing it once you've bought and getting you a set at whatever silly price other vendors ask?
Perhaps Viagogo should, under their Ts & Cs, have the right to recover from sellers who refuse to supply the tickets at the price they originally advertised them for.jas xjr said:
Maybe buy more expensive tickets so that you do not lose the money on flights etc then seek to recover the difference from the website
And what if I can't recover the difference. I was quite happy to pay €60 to see the game, but not €350. For 2 of us, that's an extra €580. That's not chicken feed.TwigtheWonderkid said:
jas xjr said:
Maybe buy more expensive tickets so that you do not lose the money on flights etc then seek to recover the difference from the website
And what if I can't recover the difference. I was quite happy to pay €60 to see the game, but not €350. For 2 of us, that's an extra €580. That's not chicken feed.Tom_C76 said:
Out of interest what's face value of these tickets?
Not quite that simple, as it was a season ticket holder who can't make the game. The deal was to pick up the tickets from Viagogo rep on matchday, and hand them back after the game. But at a guess probably not much, about €30.
TwigtheWonderkid said:
Tom_C76 said:
Out of interest what's face value of these tickets?
Not quite that simple, as it was a season ticket holder who can't make the game. The deal was to pick up the tickets from Viagogo rep on matchday, and hand them back after the game. But at a guess probably not much, about €30.
JustinP1 said:
TwigtheWonderkid said:
Tom_C76 said:
Out of interest what's face value of these tickets?
Not quite that simple, as it was a season ticket holder who can't make the game. The deal was to pick up the tickets from Viagogo rep on matchday, and hand them back after the game. But at a guess probably not much, about €30.
Edited by TwigtheWonderkid on Thursday 12th November 19:55
TwigtheWonderkid said:
JustinP1 said:
Sheer guess here, but I would guess that the terms of the season ticket will be that you can't 'lend' them to someone else, for profit or otherwise.
That hasn't been the case with most clubs for many years. Lending out season tickets if you can't make the game is common practise. At Chelsea they even have a desk where you leave your season ticket for your friend to collect and drop back after the match. But even if it is the case for Real Madrid, that's a matter for the season ticket holder and the club, and nothing to do with my dispute with Viagogo.Edited by TwigtheWonderkid on Thursday 12th November 19:55
Prohibitions for spectators
8. The auctioning, selling and/or reselling of tickets is completely prohibited. The person whose name is on the season ticket is responsible for its proper use, and as such, any activity relating to the above could mean that the season-ticket card holder would not only be taken into police custody, have their ticket seized and be given a record for unlawfully selling and/or reselling tickets on the street, but would also be brought before the Social Discipline Commission in order for the appropriate measures to be taken against them for the accusations they are charged with.
Your position is more difficult. Their terms are clear. However, it must be said I personally (and not legally speaking) find that their advertisement of the benefit of using them and their guarantee misrepresentative. I would certainly have presumed as you have. Effectively, their guarantee is just protection from fraud.
Vaud has taken a sensible approach.
Don't buy tickets on the presumption that litigation will ensure you a refund, it won't.
I'd be tempted to speak to their customer relations regarding their advertising which suggests a different level of protection than their terms suggest, and that it was this that swayed you to use them. Use the admittance on the phone that the advertisement was slack.
The problem is you are asking them to take a hit of nearly £500 so that would take an awful lot of pressure.
Don't buy tickets on the presumption that litigation will ensure you a refund, it won't.
I'd be tempted to speak to their customer relations regarding their advertising which suggests a different level of protection than their terms suggest, and that it was this that swayed you to use them. Use the admittance on the phone that the advertisement was slack.
The problem is you are asking them to take a hit of nearly £500 so that would take an awful lot of pressure.
Vaud said:
Pragmatic answer:
Take your refund. Go to Madrid. Have fun. Watch the game in a bar. Explore a nice(ish) city.
Life is frequently too short.
My son and I were in Madrid last weekend, to watch Rayo Vallecano on Saturday and Athletico on Sunday. We explored the city, went on a walking tour, saw the sights, shopeed in El Rastro on Sunday morning. Foreign footy trips are a regular activity for us. Bit of a joint hobby. So there's no reason to return to Madrid next w/end other than to see El Classico.Take your refund. Go to Madrid. Have fun. Watch the game in a bar. Explore a nice(ish) city.
Life is frequently too short.
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