I had tickets for a gig at Manchester’s Co-op Live but it was cancelled. Can I get compensation? Consumer rights lawyer DEAN DUNHAM responds

Manchester’s new Co-op Live Arena has postponed its opening again this week, this time with US rapper A Boogie Wit Da Hoodie’s show canceled at the last minute as concertgoers queued outside. Subsequently, this weekend’s Olivia Rodrigo performances were canceled.

Ticket holders are understandably furious. But what are their consumer rights?

And can those who have incurred travel and accommodation costs claim compensation?

Here, The Mail’s consumer advocate Dean Dunham explains everything you need to know:

YOUR CONSUMER RIGHTS

Because it is the venue that canceled the concerts, anyone who purchased tickets directly from the venue or from the official ticket seller, Ticketmaster, is entitled to a refund of the face value of the ticket, or to pass on the ticket. to a new date.

You can choose whichever option you prefer, but the downside to choosing a refund is that you usually won’t get a refund for the booking or administration fees you paid.

If you purchased your ticket from a private individual or a secondary ticket seller, you do not have a direct contract with the venue and are therefore not obligated to refund your money. Instead, you will have to pursue the person or entity that sold you the ticket.

TRAVEL AND ACCOMMODATION EXPENSES

Many who had planned to go to the venue will have incurred travel and accommodation costs that have now been wasted due to the cancellations.

The law calls this ‘consequential damages’, which you can usually claim if a trader breaches their contract with you.

The problem here is that the venue and ticket sellers clearly state in their terms and conditions that they will not pay for consequential damages and will always strictly adhere to this line.

My view is that ticket holders are sometimes entitled to consequential damages, regardless of any exceptions in the ts and cs, and that such a claim would have good prospects of success in court under certain circumstances.

By way of example, it has been reported that footage filmed outside the arena yesterday, just hours before A Boogie Wit Da Hoodie’s concert was due to start, showed the area looking like a construction site, with an excavator and a dump truck parked outside between the building. materials.

This could indicate that the venue knew, or should have known, that this week’s events would not take place.

If this could be proven, there would be a very strong argument for ticket holders to claim consequential damages, especially when you consider that the remedy for breach of contract in English law is to ‘restore the innocent party to the position it would have had ‘. would have been if the infringement had not occurred’.

Notwithstanding the above, if you have booked your tickets as part of a package (i.e. you have booked the tickets and the travel/accommodation together), you are entitled to a refund for the entire package – meaning you will receive the lost trip /accommodation costs are reimbursed. .

NO COMPENSATION AND NO REFUNDS

Unfortunately, with the exception of a possible claim for consequential damage, ticket holders cannot claim compensation.

I have been inundated with people asking me if they can make a chargeback or Section 75 claim in relation to wasted travel/accommodation costs and to claim compensation for the canceled events. This is where you ask your payment card provider (chargeback) or credit card provider (Article 75) for a refund, while they go after the merchant for you.

Unfortunately, in both cases the answer is no. To make a chargeback or a claim under section 75, there must be a ‘breach of contract’.

There is none here as the travel and accommodation providers have not cancelled. In relation to the compensation claim, you can only claim back the money for the goods/service, under section 75 or a chargeback scheme, and you are therefore not entitled to claim compensation through this route.

IS THERE A TIME LIMIT ON HOW SOON REFUNDS SHOULD BE ISSUED?

American singer Olivia Rodrigo’s performances this weekend have also been cancelled

Section 45 of the Consumer Rights Act states that where a consumer is entitled to a refund, this must be made without undue delay and in any event within 14 days from the day on which the trader agrees that the consumer is entitled to a refund. refund.

It’s also worth noting that refunds are generally made via the same method used for payment. So if you paid by credit card, you will receive a refund on the same card.

IS THERE A TIME LIMIT FOR THE ARTIST TO RENEW?

The law does not impose any obligations on venues/traders in relation to rescheduling canceled events. However, until the event is reorganized, consumers always have the right to change their mind about their participation and request a refund instead.

COULD THERE BE A CLASS ACTION?

Taking on a large organization often feels like a David and Goliath challenge, which is why consumers will often shy away from taking such action. We do have the option in the English courts to make a Group Litigation Order – better known as a class action.

This is where litigants with the dispute and the same defendant gather to bring the action. This could be an opportunity here for those who don’t have money.