"Scalper" platform Viagogo sells Jay Chou's concert flight to buyer, denies refund

The online ticketing platform Viagogo, which is accused of being a "scalper" platform, sells various concert tickets, including "Jay Chou's "Carnival" World Tour Concert 2023 Hong Kong Station". Ms. Ye, a Hong Kong citizen, bought it on behalf of a friend in Taiwan in the middle of last month. "August 25th" tickets, because a friend emphasized that Jay Chou's tickets are "very hard to buy" and "very popular", she helped her buy them, so she didn't go into details, and hurriedly paid a total of 5,797 yuan to buy two tickets .

After purchasing the tickets, Ms. Ye found that the organizer of Jay Chou's concert had announced that the date would be changed from August to May this year as early as the end of last year. She questioned Viagogo for providing wrong information and worried that she would not be able to get the tickets and the money back. , so I asked the platform that the webpage did not update the concert date and asked for a refund.

However, the platform stated that the relevant information was provided by the seller. Even if Ms. Ye provided proof that the concert had been rescheduled, the platform would not accept it. It also continuously suggested that she resell the two unavailable tickets through the platform, emphasizing that unless no replacement tickets could be found , otherwise no refund will be made.

Viagogo's reply made Ms. Ye very angry. She criticized the sales method and called on the public to be careful when buying tickets.

Tickets for Jay Chou's concert are still available on Viagogo's ticketing platform.

(Internet screenshot)

Ms. Ye told "Hong Kong 01" that on the night of January 17th, at the request of a Taiwanese friend, she purchased two tickets for Jay Chou's "August 25th" concert in Hong Kong on the Viagogo website, and paid a total of 5,797 yuan with a credit card. , and then receive a confirmation email.

Later, her family reminded her that Jay Chou's concert had been rescheduled as early as December 21, 2022, from August to May, and the relevant tickets had not yet been sold.

Ms. Ye believed that Viagogo provided wrong information to mislead buyers, and that the concert tickets had not yet been released to the public. She was worried that the tickets she bought earlier might not exist. The people who responded each time were different. She described it as "like a human ball being kicked around".

Regarding the incorrect information, Viagogo replied that they only provided a trading platform, and the information provided by the seller still showed that the concert was held in August.

She criticized the platform for announcing the information provided by the seller without further verification, making people mistakenly believe that they bought concert tickets with a display date of August. The method is quite problematic.

Ms. Ticket was worried about "losing both tickets" and asked Viagogo for a refund many times. However, the platform has repeatedly emphasized that it cannot refund and explained that it will ensure that buyers can receive valid tickets in time. If there is a problem, it will intervene to find a replacement for the buyer. tickets, or in the rare event that a replacement ticket cannot be found, a refund will be provided.

In other words, under the influence of wrong information, buyers want to buy tickets for "August 25th", but may end up with tickets for "May 5th", even though the buyer does not necessarily want or have time to buy tickets for "May 5th". programs, and cannot be refunded for incorrect information.

In this case, the platform suggested that she could choose to resell the unavailable tickets on the website, saying that no handling fee would be charged, but the victim thought that this behavior was tantamount to "attempting to turn the victim into an accomplice" and was very indignant.

Afterwards, the owner called the bank to report the relevant incident, and the operation of the credit card was immediately suspended.

The bank handed over the above-mentioned incident to the Internet fraud department, and then returned the transaction money, and stated that it would recover the relevant money from Viagogo.

At the same time, the victim filed a report through the Hong Kong Police's electronic reporting platform.

According to the data, Jay Chou was originally scheduled to hold the "Jay Chou Carnival World Tour Concert Hong Kong 2021" in Hong Kong in August 2021, but due to the epidemic, the postponement was announced. There will be 7 concerts, with tickets ranging from RMB 580 to RMB 1,380.

Audiences who hold 2021 tickets or electronic seat information can register to redeem new tickets for May from February 1st to 28th this year. speculation.

The Consumer Council has previously announced the risks of ticket resale platforms.

Regarding this incident, the Consumer Council responded to the inquiry and pointed out that in January this year, it received a total of 36 complaints about "public performances", involving a total amount of 54,825 yuan. There were 6 cases in total for "Change/Termination of Contract".

The association has received complaints in the past about platforms that resell concert tickets.

Merchants may not be criminalized for relying on third parties to provide information

Under the Trade Descriptions Ordinance, any trader who "applies" a false trade description to a product or service offered or offered to be supplied to a consumer commits an offence.

If the concert has been rescheduled, but the platform still presets and displays the originally scheduled performance for consumers to browse and choose tickets for sale, it may constitute a "false product description".

However, whether the platform is deemed to have “applied” a false product description to the ticket is not yet clear in Hong Kong cases. The court may consider its business model and the degree of control over the sales process and products or services.

In addition, the Trade Descriptions Ordinance provides a defense to merchants who have taken all reasonable precautions and exercised all due diligence to avoid the commission of the offense and the offense is due to the merchant's mistake, reliance on a third party to provide information, acts or defaults of third parties, accidents or other causes beyond the control of the merchant, that is, the merchant may not be convicted.

Consumers may report to Customs if they suspect that merchants have violated the regulations.

Merchant misrepresents or constitutes misrepresentation regarding the date of the concert

As far as this case is concerned, the problem seems to be that the platform did not update its default options in a timely manner in response to changes in concert activities, allowing sellers to still sell tickets on the original date.

The Consumer Council believes that the platform presets and provides concert information options for buyers and sellers, and it should be responsible for updating the website information in a timely manner for any changes in concert activities (such as cancellation, postponement or rescheduling), including the sale list of affected tickets Modify or delete to avoid disputes caused by consumers purchasing inapplicable tickets.

If the concert has been rescheduled, but the platform still provides preset tickets for the originally booked event for consumers to choose to browse, it may mislead consumers into thinking that the concert will be held on the original date and that the purchased tickets are applicable to the original concert date. Book a date.

Misrepresentation by merchants regarding the relevant dates may constitute misrepresentation.

The product platform purchased due to misrepresentation is responsible for providing a refund plan

Whether consumers have the right to cancel the transaction and request a refund from the ticketing platform depends on the agreed terms and conditions and the actual situation.

If consumers suffer losses due to relying on the platform's misrepresentation to purchase products or services, the platform should be responsible for providing consumers with proper solutions including refunds.

In addition, generally speaking, if it involves mistakes (mistake), frustration (frustration), fraud (fraud) or misrepresentation (misrepresentation) and other reasons, the contract between the buyer and the seller can be canceled or dissolved according to common law or the Misrepresentation Ordinance .

Merchants should clearly state a reasonable refund time commitment (such as 14 days or 1 month), so that consumers can get their refund within a reasonable time.

If consumers pay by credit card, the Association recommends that consumers should check with the credit card center as soon as possible about the feasibility of refund application and related procedures.

The Consumer Council once pointed out that online ticketing platforms are risky transactions or not protected by consumer laws

When will Jay Chou Hong Kong Concert 2023/Jay Chou "Carnival" World Tour 2023 Hong Kong stop be held?

Jay Chou will hold 7 concerts in Hong Kong from May 5th to 14th, 2023. Tickets range from RMB 580 to RMB 1380. For more details, please click here...

Is it responsible for making a wrong statement about the date of the concert through an online shopping platform?

Merchants make false statements about the date of the concert, which may constitute a misrepresentation. For details of the Consumer Council, please click here...