Q. In July I bought tickets to see The Alabama 3 (a music band) at a club in Brixton on New Year's Eve. The club have now emailed me to say that the gig had been re-scheduled to the following week and that I cannot claim my money back because there is an exclusion clause in their standard terms which states 'tickets cannot be refunded or exchanged under any circumstances'. Am I stuffed?
A. A contract freely entered into by two individuals is generally legally binding. However, the law can intervene to protect consumers against unfair terms in contracts they make with traders.
A term is likely to be considered unfair if it causes a significant imbalance in the parties' rights and obligations under the contract, to the disadvantage of the consumer. When a consumer enters a contract to buy a ticket to a performance there is a clear date, location and time, and there may be any number of valid reasons why they cannot attend on a rescheduled date. This is particularly so where the event takes place on a national holiday, as here.
Ultimately, only a court can decide whether such a term is unfair, but I do think that you have grounds to complain here. I therefore suggest that you contact the club to invite them to offer you refund. If they do not, then you should contact trading standards as they have the power to enforce these rules.
For specialist advice contact Keith Swan of Patterson, Glenton & Stracey Solicitors by email at ks@pgslaw.co.uk or by telephone on 0808 231 7043. Patterson, Glenton & Stracey Solicitors have provided legal advice to the people of South Tyneside for over 125 years. For details of their full range of services and to view previous Gazette articles please log on to www.pgslaw.co.uk . Patterson, Glenton & Stracey Solicitors: The Logical Answer.
