Def Leppard and Scorpions Concert, Scorpions Pulled out, Should I Be Entitled to a Partial Refund?

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Live Nation

• 

  Ryanek on 12/11/2018 - 13:57

  +8

  It's in their T&Cs's. Also, Scorpions were considered guests, not headliners.

  The Seller reserves the right to add, withdraw, reschedule or substitute artists and/or vary advertised programs, prices, venues, seating arrangements (including ticket categories) and audience capacity.

  • 

    melbourne guy on 12/11/2018 - 14:25

    +4

    It says they reserve the right to do that and that is fair enough. That section doesn't mention anything about remedies because of this, or lack thereof.

    I'm more interested in this section of Ticketek's T&C's:

    Ticketek will only offer a refund or exchange of a ticket if an event is cancelled, rescheduled or significantly relocated by the Seller (and you cannot or do not wish to attend the rescheduled or relocated event), or to the extent otherwise required by law (including the Australian Consumer Law). You must apply for a refund within a reasonable time. Ticketek does not offer refunds or exchanges as a result of a change in your personal circumstances.

    Which is what I'm arguing my case on to American Express, that they (Ticketek / Live Nation) have breached Australian Consumer Law by not giving me compensation:

    A service has a major problem when:

    • it has a problem that would have stopped someone from buying it if they’d known about it
    • it is substantially unfit for its common purpose and can’t easily be fixed within a reasonable time
    • it does not meet the specific purpose you asked for and cannot easily be fixed within a reasonable time
    • it creates an unsafe situation.

    I'm arguing my sitaton fits in with the 2 points I have put in bold.

    • 

      Ryanek on 12/11/2018 - 15:13

      +2

      I would say you would have a case if it was Def Leppard that cancelled, but unfortunately it was the guest act.

• 

  qwerty on 12/11/2018 - 16:16

  +1

  ticketek could ban you for doing a credit card reversal

  • 

    melbourne guy on 12/11/2018 - 16:35

    That did cross my mind but I’m willing to take that risk. If I have to create a new account or use a different credit card in the future i’ll do that.
    I'll also add that I am only disputing 50% of what I paid with AMEX, minus the Ticketek fees.

• 

  HighAndDry on 12/11/2018 - 16:36

  What was the concert billed as? Honestly one of the more reasonable consumer gripe posts here, especially as you're only after a partial refund, but it would depend on whether the Scorpions were actually headlining or not.

  • 

    [Deactivated] on 12/11/2018 - 16:38

    They seem to be prominently billed as 'very special guests'

    • 

      melbourne guy on 12/11/2018 - 16:42

      This is where I think there is a grey area. I wouldn't call them (Scorpions) a support act. They were (meant to be) playing with Def Leppard on all legs of their AU/NZ tour and were headlined equally in my opinion, despite it being marketed as "Def Leppard's Hysteria Tour"

      • 

        Ughhh on 13/11/2018 - 11:33

        If scorpions were advertised and marketed as support guest as you said, it doesn't really matter what you think or what you want to call it.

• 

  [Deactivated] on 12/11/2018 - 16:36

  +1

  Unfortunately I think you needed to call them before the event rather than going to the concert and complaining afterwards.

  • 

    Scrooge McDuck on 12/11/2018 - 18:34

    Not much time to do that:

    4 hours before show start time, the Scorpions pull out (lead singer had throat problems).

    • 

      Quantumcat on 12/11/2018 - 19:09

      +1

      They really should have had some understudies. You might not be very happy not hearing the lead singer but it is better than the band not appearing at all.

      • 

        melbourne guy on 12/11/2018 - 19:17

        +1

        Exactly. I would have been more than happy if the band still played with a replacement lead singer. Shame that they didn’t have a backup option available.

• 

  shaybisc on 12/11/2018 - 17:51

  Jeeeeeeeeeeeeeeeeeezzzzzz

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  try2bhelpful on 13/11/2018 - 08:03

  Best of luck but this is a well known issue, The advertising does show the Scorpions are guests. You might get lucky but probably not. You certainly wouldn’t get 50% because they weren’t the headline act. You would’ve been happy with a replacement singer but the next person may not have been; It is a can of worms. Will be interested to hear if you get an update.

• 

  Andrewchoppa on 21/11/2018 - 13:29

  +1

  I got in touch with consumer affairs who suggested taking them to VCAT. I agree that if it were an unknown support group we would have to deal with it but scorpions were billed as “special guests”. I saw Kiss and Motley Crue and Motley Crue and Alice cooper, and if either one of those bands pulled out, I would have expected a decent refund. Same thing applies here!!

  • 

    try2bhelpful on 21/11/2018 - 16:17

    Off you go, tell us how you get on.

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  N1NJ4W4RR10R on 27/11/2018 - 15:10

  Should you? IMO yeah.

  Will you? Very unlikely. Companies tend to make sure they can get you on the technicalities.

• 

  melbourne guy on 05/12/2018 - 08:52

  Just thought I would give an update. I ended up putting in a dispute with Amex for 50% of what I paid to be refunded and they agreed, so the amount has now been credited on my card account. Justice has been served!