I’ve booked to see Take That at the new Co-op Live venue in Manchester.
The concert has been moved to the AO Arena, Manchester, but the new seats I was given are 53 rows behind those on my original tickets. What are my rights?
L.M., Derby.
Dean Dunham replies: This is a common complaint among those who have chosen to transfer their tickets to the alternative venue following the delay in the opening of the Co-op Live arena.
Firstly, it is understandable that the organizers have had problems issuing like-for-like tickets as the AO Arena is not comparable to the Co-op Live as the seating configuration and venue sizes are completely different.
Back row: A reader is unhappy with his news seats after the Take That concert at the Co-op live in Manchester was moved to the AO Arena
However, this does not affect your consumer rights.
Your obvious right is to demand a full refund before the concert. Some readers have wondered if they can do this after initially choosing replacement tickets instead of a refund. The answer is yes.
The Consumer Rights Act says that consumers must receive the goods or services as described.
And if the retailer (here the venue or ticket seller) has to give you a replacement (here the Co-op Live tickets are replaced by AO Arena tickets), the replacement must be made in the same way.
This means that your seats must be exactly the same, comparable or better; for smaller amounts you are entitled to a solution.
If you have already attended the concert, you cannot claim a full refund, but you still have rights.
Section 24 of the Consumer Rights Act gives consumers the right to a ‘price reduction’ (essentially a partial refund) in situations where the goods or services received are not in accordance with the contract and are worth less than what the consumer paid.
This is the situation here, as the seats 53 rows back will be worth less than the originals.
If you haven’t attended the concert yet and still want to go, you can tell the ticket seller that you will keep the tickets if you get some money back due to the fact that they are inferior to the originals.
They may say no and only offer a cancellation and full refund. If so, you could argue that you are entitled to a price reduction because they were entitled to one legal remedy under the Consumer Rights Act and had exhausted this when they gave you the replacement tickets, meaning you now have the right to demand a legal remedy. discount.
Damaged sneakers cannot be returned
I bought two pairs of trainers online for £104.99 using my credit card.
I tried to return one pair (cost £42) as they were damaged but the seller wouldn’t help. Can I make a claim on my credit card?
GG, Cambridge.
Dean Dunham replies: When you buy goods with a credit card you may be eligible for protection under section 75 of the Consumer Credit Act 1974. For section 75 to apply you must have paid the trader ‘directly’; the money must have been sent directly from your credit card. to the trader’s bank account.
So if you pay via PayPal you are not covered as the money is transferred to PayPal and then to the merchant. However, PayPal has its own settlement scheme.
The second requirement is that the cost of the goods must be between £100 and £30,000.
Please note, I said the cost of the goods, not the amount paid to the card. In fact, as long as the cost of the goods is between the above amounts, you are covered regardless of how much is charged to your card.
So if the goods cost €200 and you paid €20 by credit card and the rest in cash, Article 75 applies. If your claim was successful, your credit card company would refund you the full €200.
Applying Section 75 to your circumstances is not good news as it makes it clear that the ‘individual’ item complained about (here £42 trainers) must have cost between £100 and £30,000.
The good news, however, is that if you made the purchase within the last 120 days, you can file a “chargeback” claim with your credit card company instead. There is no requirement here that the goods cost a certain amount.
With Chargeback you can ask your card issuer to withdraw the money deposited into the recipient’s bank account and return it to your own account if the goods are damaged. The recipient can dispute a chargeback if they can prove a claim is not valid.
- Write to Dean Dunham, Money Mail, Scottish Ny Breaking, 20 Waterloo Street, Glasgow G2 6DB or email d.dunham@dailymail.co.uk. The Ny Breaking cannot accept any legal liability for any answers given.