SourceGoodgamepoker2Beijing Business Daily
On May 26, the Eason Chan concert at Hangzhou Station, which had been postponed, issued another extension notice, accompanied by the regret of fans, as well as the issue of consumer compensation caused by the postponement of the performance. Beijing Business Daily reporter received feedback from several consumers that the tickets were bought at a premium through scalpers, but now the organizers have promised to apply for a full refund, but scalpers have offered to deduct some of their "handling fees." In the lawyer's view, scalpers do not belong to the tickets formally sold by the organizers, but are resold through unofficial channels. Scalpers sell concert tickets and make a profit by means of price increases or price increases in disguise, suspected of violating relevant laws and regulations. Scalpers themselves are not protected by law, so consumers are advised to choose formal channels to buy tickets in order to avoid unnecessary losses.
Scalpers are refundable
"deduct 20% of the service fee"
On May 26, the organizer of Eason Chan's Hangzhou concert once again announced that Eason Chan suddenly felt unwell before the performance, but still did not get better after emergency medical treatment. the performance, which has been postponed from May 25, 26 to 27 and 28, will be held on another schedule, and the audience can choose to "retain the order" or "apply for a refund".
The adjustment of the performance time brings about changes in the itinerary that the audience and fans are forced to make. The organizers promised a full refund, but it is not so easy for some viewers to refund the tickets they bought from scalpers at a premium of nearly twice as much.
"the original fare will be fully refunded, but for the part that exceeds the original fare, the service charge shall be deducted according to 20% of the whole order amount." Audience Tan Chen told the Beijing Business Daily that under the circumstances that it was difficult to get another ticket to watch the performance, he chose scalpers, two seats worth 1580 yuan, and paid a total of 6000 yuan to scalpers to get them, but now there is still a "handling fee" if they want to refund.
A reporter from the Beijing Business Daily consulted a scalper as an audience, and the other party said, "the refund price is non-refundable for a long time. This time, because the organizer promised to get a full refund, it was able to help the audience coordinate the refund." the scalper also said, "there is a cost for us to maintain the ticket grabbing system and coordinate the ticket. If you want to refund the ticket, it is uncertain whether the ticket will be 'smashed' or not, and the cost is also borne by us."
There is no refund for non-open tickets.
"if you can get a refund, you can make a profit."
After the concert ticket purchase "strong real name", scalpers who have been restricted from hoarding have found a new "loophole", such as "invitation letter", "work permit", "recording information ticket" and other new ways of reselling private tickets. but it also leads to more consumer protection [download black cat complaint client] trouble.
"it would be nice to get the admission fee back. If there is compensation for hotel withdrawal and ticket rescheduling, there is no channel to apply." Audience Qian Ying said that she had previously bought an "internal invitation" that could be re-registered for identity information at a price of 5000 yuan each, but now that the performance schedule had changed and when she went to contact scalpers after sale, she was told: "I can't return it." this has happened before, it is all non-refundable, but if you can get a refund, you can make a profit. "
In addition, a reporter from the Beijing Business Daily noted that after Eason Chan announced the postponement of the concert, a large number of ticket sales information such as "return tickets" and "invitations" appeared on the second-hand trading platform.
Among them, the so-called "return ticket" refers to the tickets that were returned to the ticketing platform and re-entered the circulation link for sale after the performance was postponed. The original ticket price of 1580 yuan for the grandstand ticket was increased to 3000 yuan, and the price of the infield ticket for 2580 yuan was increased to 5000 yuan.
"one price a day. When the postponement is announced, 3000 yuan will be able to buy 2580 yuan for infield tickets." It is worth noting that the scalper also said, "directly buying tickets is more stable than the 'invitation'. If you buy the 'invitation', once the event is postponed, it will be invalidated."
The organizer breached the contract for some reason.
"it is suspected that it is illegal for scalpers to charge extra fees."
In response to the problem of ticket refund and compensation caused by the postponement of the concert, a reporter from Beijing Business Daily tried to contact Eason Chen Hangzhou Station concert organizer Shanghai Shengfeng Culture and Performing Arts Co., Ltd., as of press time, no reply has been received.
At the same time as the postponement of the concert was announced, the organizers said through their official Weibo that the relevant ticketing solutions and compensation plans would be officially announced separately. In addition, a scalper told the Beijing Business Daily, "We are responsible for ensuring that we can record your information, enter the stage during the performance, and do not take care of the rest." This means that even the ticket buyers who are entered into the system information by scalpers can be determined by the organizers to be within the scope of the users included in the compensation plan.
Beijing Business Daily reporter noted that due to temporary cancellation or postponement of the concert, Eason Chan Hangzhou venue is not the first case. Earlier, when singer Jacky Cheung postponed three concerts scheduled to be held at the Shanghai Oriental Sports Center in March due to illness, he said that he would compensate the refunded audience from outside Shanghai for related losses such as tickets, air tickets and accommodation.
Jiang Benwei, a partner at Beijing Gaowen Law firm, pointed out that the concert was delayed due to the organizer's reasons, which usually constitutes a breach of contract. In this case, if the two parties have already made a relevant agreement in the contract, then it can be dealt with in accordance with the agreement. If there is no specific agreement in the contract, according to the law, the organizer shall compensate consumers for the losses suffered as a result of breach of contract. Including the fare caused by the itinerary, hotel fees and so on. The refund money is usually refunded in the same way, and the "compensation principle" is followed to protect the rights and interests of consumers.
Jiang Benwei said that scalpers do not belong to the tickets formally sold by the organizers, but are resold through unofficial channels. Scalpers sell concert tickets and make a profit by means of price increases or price increases in disguise, suspected of violating relevant laws and regulations. Scalpers themselves are not protected by law, and consumers are advised to choose formal channels to buy tickets in order to avoid unnecessary losses. At the same time, the price increase or "handling fee" demanded by scalpers in the process of ticket refund is an additional profit, or it may constitute an illegal act, and consumers can sue scalpers, and in this process, the organizer can be used as a third party to better find out the facts.
Li Xinyu, an analyst in the performance industry, pointed out that scalping has disrupted the normal order of the performance industry to a certain extent and caused potential damage to the interests of consumers and platforms. Boycott scalpers is not an overnight task, but requires the joint efforts of many parties, including organizers, ticketing platforms, law enforcement agencies and consumers, to maintain a healthy and orderly performance market environment.
Beijing Business Daily reporter Lu Yang Han Xinyuan