What are my rights?

  Sebby 23:48 08 Aug 2007

I bought 3 concert tickets several months back from a well known ticket retailer. The tickets were advertised at £35.00 per ticket; this is what my confirmation email says and this is the amount that they deducted from my card for each ticket at the time.

Today, I received a letter saying that due to an error the tickets should have been £37.50, and it wants me to authorise them to take a further £2.50 per ticket. Alternatively, I can have a full refund.

I can't believe it. This isn't even about the money! Surely if they made an error, I paid the advertised price, and they have taken the funds, they can't ask me for more money.

What are my rights here?

  Totally-braindead 23:56 08 Aug 2007

I'll be interested to see if someone can give a definate answer to this. I would think it would depend on the terms and conditions which I presume would be on the back of the tickets and listed on the site you got the tickets from as well as what the reason is for the increase.

Personally if it was me I would be expecting to keep the tickets and for them to pay the difference themselves if there was a difference but I don't know how this works out legally. I suspect they might be within their rights to ask for the increase or to offer a full refund.

  Sebby 00:15 09 Aug 2007

Thanks for your reply.

It seems, at the very least, unfair that they can advertise tickets at a price on their site, I buy at that price (which the confirmation email confirms), they take the money at that price, then they tell me that due to *their* error I need to pay more.

Like you say, it will depend on certain things. I feel that they should (have to?) honour the original price.

  Forum Editor 00:27 09 Aug 2007

amounts to what lawyers call an 'invitation to treat', which means that the advertiser invites you to enter into a contract. By ordering the goods you make an offer to purchase, and the advertiser may accept or reject your offer - or increase the price being asked, if there was an error in the original advertisement.

Once you have received confirmation of acceptance from the seller a contract exists between you; the seller must sell, and you must buy if you are not to break the contract.

In this case it looks as if the seller is trying to materially change the terms of the contract after it has been made, and you are under no obligation to pay more - you may escape the contract without penalty. The problem is, what are you going to do about it if the seller refuses to perform the contract as originally made? You could sue for breach, but that would take time and cost money, and as you're only talking about £7.50 it doesn't seem worth it.

In the circumstances I think you'll have to decide to pay up, or lose the tickets - being in the right doesn't always guarantee success.

  laurie53 08:31 09 Aug 2007

I think you'll find that once they took the money a contract existed between you, and they are no more entitled to breach it than you are.

I had a similar problem some years ago when my insurance company tried to increase my premium after I had paid what they asked.

They had to stick to the original price.

Trading Standards might be interested.

  spuds 11:57 09 Aug 2007

You state that you bought 3 tickets several months back, but you do not state if the tickets have actually been issued to you, as it would appear that the agency are perhaps now withholding the tickets or usage.

A couple of years ago, I had a similar 'misunderstanding' with a third party ticket handling agency. On that occasion, the required charge for the tickets were paid for on-line, with instructions to collect the tickets from the venues booking office 'anytime from purchase, and up to one hour before the performance'. On arrival we requested the tickets, but were informed that money was owing due to an administration error, as the processing fee of £6.00 had not been added at the point of sale (we were not the only people caught up in this web, that evening). The venues manager issued the tickets at no extra cost, but we had to contact the third party agency, and clarified the situation, after consultations with the local trading standards. I would suggest that you check the companies terms and conditions that were available at the time of original purchase.

Another well known UK fortnightly computer magazine, as a similar consumer on-line purchase problem query about Tesco in this weeks issue copy, which makes interesting reading.

  HondaMan 12:36 09 Aug 2007

Surely its about £75, the amount deducted from his CC. That makes it worth it.

  Sebby 13:42 09 Aug 2007

Thanks for the replies everyone.

This isn't really about the money; I'm not overly fussed about paying an extra £7.50. It's more that I think they're wrong for trying to collect more money. Obviously they have made the error with other people as well as myself, which is why they're requesting the money - it probably amounts to quite a bit.

I'll send them an email tonight and see how they respond!

  Sebby 23:42 10 Aug 2007

Thanks everyone; I had a reply to tell me that they won't be asking for the additional money. I take it that they've had a lot of complaints and realise that they're not actually allowed to ask for it. :-)

  Totally-braindead 23:49 10 Aug 2007

A result for you. I'm very pleased that the company saw sense and decided to accept the loss themselves. Good for you.

  Sebby 00:11 11 Aug 2007

Thanks. I'm not one of these people who likes to kick up a fuss over anything, but I was genuinely insulted when I received the letter. So yes, a result.

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