With the unprecedented popularity of the entertainment and performance market, it is difficult to obtain tickets for performances and concerts, but it is also difficult to snatch tickets and refund them, resulting in various "refund disputes" emerging one after another. On August 17th, Ms. Liu's husband purchased two tickets for a celebrity concert on the evening of September 20th this year in a live broadcast room on a certain platform, spending a total of 2115.98 yuan. On the day of the concert, Ms. Liu was unable to attend due to a car accident. Her husband provided the platform with photos and medical records of the accident in the afternoon, hoping for a full refund. However, the ticketing agency stated that the time is not within the refundable range and cannot be fully refunded. Finally, the platform can only compensate consumers with 1000 yuan on their behalf. Can tickets be refunded if unable to watch the performance due to personal accidental injury? Ms. Liu's experience provides an answer that consumers are not satisfied with. The ticket price for the concert is over 2000 yuan, and the ticketing party does not refund a penny. The platform only compensates 1000 yuan. How can this be considered a refund? Let's take a look at the ticket return and exchange rules of the ticketing party: "Free refund" from 15:18 on August 15th to 15:18 on August 17th; Refunds from August 17th to 22nd will incur a handling fee of 20% of the ticket price; After August 22nd, no refunds will be accepted in any form. The meaning is that there is only a two-day time limit for free ticket refunds, and Ms. Liu almost lost her eligibility for free ticket refunds from the time she bought the ticket. However, the start date of the ban on ticket refunds is nearly a month before the start of the concert. According to market rules, even if consumers cancel their tickets one month before the opening, it will not affect resale. It can be seen that the ticketing party, in order to avoid economic losses, has used obviously unfair format terms to minimize the responsibility of the platform and merchants as much as possible, and also invisibly limited consumer rights to the maximum extent. According to Article 497 of the Civil Code, this standard clause shall be deemed invalid. Since the standard terms are invalid, the refund rules cannot be left to the discretion of the ticketing party. By browsing major ticketing platforms, it can be found that performance ticket sales websites generally indicate the words "seven day no reason return is not supported", with the reason being that the ticket is a valuable ticket with characteristics such as timeliness and scarcity. However, after the implementation of real name registration for performance tickets, consumers are unable to transfer tickets themselves. If they encounter special circumstances such as health problems or accidents that prevent them from watching the performance, they can only choose to refund their tickets. If ticket platforms continue to refuse refunds across the board, it is undoubtedly an unreasonable restriction on consumer rights. The performance market can be booming, but unreasonable rules should not become hidden rules in the industry, and consumers should not be held responsible for unfair transactions. Under the real name system, ticket sales rules should fully consider the balance of interests between consumers and operators, and provide consumers with reasonable refund rights while measuring business risks, ensuring consumers' fair trade rights. Unlike the domineering practice of "all refunds as short as possible and no refunds as long as possible" for performance tickets, in industries such as aviation and railways that also implement real name registration, more reasonable and affordable tiered refund rules have already been established. Related performance ticketing platforms and organizers can fully draw on the mature practices of these service industries, formulate reasonable tiered refund and change rules based on different refund and change times, and ensure that consumers are fully informed and actively confirm before purchasing tickets. The relevant regulatory authorities should also strengthen the supervision of the performance ticketing market, promote the openness and transparency of performance ticketing transactions, and at least provide clear regulations on whether and how to refund performance tickets. (New Society)
Edit:Wang Shu Ying Responsible editor:Li Jie
Source:Procuratorial Daily
Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email:lwxsd@liaowanghn.com