Viagogo AG / order number: [protected] - missold tickets - refund due

United Kingdom
Contact information:

Dear Sirs

Re: Order Number: [protected]
Stereophonics concert on 25th July 2017 at Plymouth Pavilions
Missold tickets – refund due in the sum of £431.41

I regret to inform you that Viagogo has missold four tickets to me today at a total price of £431.41 regarding the Stereophonics concert that is due to take place on 25th July 2017 in Plymouth. The relevant order number is [protected]. I am therefore writing to notify you of my order cancellation and request that you make the full refund due as a result.

When commencing the booking procedure this morning (i.e. 20 June 2017), your website advertised the tickets to have a “face value” of £38.50. However, when I came to “Step 4 Review” section of your website to ascertain the final overall cost and check whether details entered were correct, and generally decide whether to finalise the booking, that was the first time that I was informed that the true value of the tickets at £107.85 each, an extortionate additional sum of £69.35 per ticket, totalling £431.41 which was apparently in relation to the “delivery fee, VAT, and booking fee.” That was also the first time that I was informed that the order had already been made, and could not be cancelled. However, at that section of the website, the ten minute clock was still counting down as if the purchase were yet to be made. If I had been informed the true total cost of the tickets before purchase, I would certainly not have proceeded with the purchase. The total cost is obviously key information when considering any purchase or sale.

In addition to the above, your website purchase method is unnecessarily aggressive as well as misleading. There were repeated reminders flashing up that tickets were selling very fast, with apparently only a handful remaining available, and that my place in the queue would be lost if the purchase was not completed in the slim window of ten minutes.

Since the above I have noted that Viagogo’s website states, in a very remote location, that “all orders are final.” That is entirely unreasonable, especially given the missale that has taken place as outlined above. In addition, whilst you allege a customer can re-sell their tickets on your website, it is not possible to obtain a full refund via that method, not only because the tickets are already vastly overpriced, but also due to the additional “seller’s fee” and additional “VAT” that will apparently be charged by Viagogo.

I also was not aware that Viagogo was a secondary ticket website until after the above took place. It has therefore come to light that Viagogo has also failed to:- (1) inform me of the fact that Viagogo may not be the actual seller and, if that transpires to be the case here, (2) provide me with the true seller’s identity and geographic address prior to the above mentioned purchase being completed.

It therefore appears that Viagogo have breached the Consumer Rights Act 2015, Consumer Protection from Unfair Trading Regulations 2008, and The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. The Competition and Markets Authority and the law generally clearly state that companies such as Viagogo should provide correct, complete and transparent information before a purchase is made. Businesses not providing that information could be in breach of consumer protection law.

I have been informed that back in or around February 2017 similar issues arose with an Ed Sheeran concert, which your spokesperson claimed to be due to a website “hiccup” or “glitch.” It appears that your website “hiccup” remains unresolved in light of today’s events. Your spokesman also stated that anyone affected in similar circumstances will be refunded in full.

Given the timescales involved and the above mentioned circumstances, you will no doubt be aware that I am entitled to now cancel my order with Viagogo. Please therefore accept this email as my notice of cancellation.

In addition, it is only reasonable in the circumstances for a full refund in the sum of £431.41 to also be made to me within the next 14 days. That is in accordance not only with the full refunds you have provided to previous customers, but is also the refund to which I am entitled by law as referred to above.

I would be grateful if you would by 27 June 2017 acknowledge in writing that my contract is cancelled and also provide written confirmation that a full refund of £431.41 and any other sums charged will be provided to me by 4 July 2017, without any cancellation charge being raised.

Please note that, if I do not receive the written confirmation and/or the refund requested then I will commence legal proceedings, as well as report Viagogo’s conduct to the Competition and Markets Authority and also the media without further notice to you.

Documentary evidence in support of the above can be provided upon request.

I look forward to hearing from you shortly.

Yours faithfully

Mrs S D Hayward

Jun 20, 2017

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