Tickets for an outdoor concert, which included food hampers, failed to make clear when the hampers would be available for collection. This led to a Which? member missing out. So what can you do when something you buy comes with misleading information?
On 29 August 2016, Which? Legal member John Bateson bought tickets for Proms in the Park in London for 10 September, and ordered a food hamper from See Tickets to collect on arrival. But at the event, the hamper collection point was closed, so John turned to us for advice.
On our advice, John emailed See Tickets, who replied on 16 September, stating that a full response would come within 28 working days.
However, See Tickets later said that it was unable to refund John, due to his failure to collect the hamper. It stated that an email was sent on 8 September advising that hampers would be available to collect from 1pm.
But this email had in fact only advised that tickets could be collected from 1pm – it hadn’t mentioned hampers. The only advice was on the ticket, which read: ‘Hampers are to be collected on the day from the collection point.’
We advised John to reiterate to See Tickets that this was an error on its part as to when the hampers would be available for collection.
We also said he could warn See Tickets that he’d contact his credit card company, and that because he hadn’t been informed of closing times, he could report it to Trading Standards for breaching Regulation 6 of the Consumer Protection from Unfair Trading Regulations 2008.
After many emails, John finally received an email in October offering a refund of £72 to cover the cost of the hamper and the booking fee.
Regulation 6 of the Consumer Protection from Unfair Trading Regulations 2008 defines a ‘misleading omission’ as a practice that omits or hides information, provides it in an ambiguous way or fails to identify its commercial intent.
Unfair commercial practices are banned by Regulation 3 here and committing these is a criminal offence.
Under section 75 of the Consumer Credit Act 1974, a credit card issuer is jointly liable with the seller for any misrepresentation or breach of contract concerning transactions made using its card, for amounts over £100 and less than £30,000.
If a firm has gone bust or is ignoring your messages, you can get a refund by making a ‘section 75 request’ to your card issuer.
This article by the Which? Legal team originally appeared in the August 2017 edition of Which? magazine.
Have you ever been caught out by confusing details on a concert ticket or similar? What did you do about it?