The Australian Competition and Consumer Commission (ACCC) took Viagogo to court over its practices when reselling tickets for entertainment, music and live sport events. In imposing the hefty penalty, justice Stephen Barley said the companys conduct demonstrated a level of deliberateness, describing one category of representations as having been made on an industrial scale. 2. Why do my tickets have someone elses name on them? 2.2 Registration. We recommend lodging a complaint about Viagogo with the commission by using its online complaints form, calling 0800 943 600 or emailing contact@comcom.govt.nz. the price it is sold for on the primary market). If the Seller lists tickets for sale, confirms the sale and then is unable to deliver the exact tickets listed, viagogo reserves the right to cancel the Sellers sale, find replacement tickets for the Buyer and the Sellers may be subject to a replacement fee, other charges, and/or other consequences, as specified in Section 5. Fair Trading minister Eleni Petinos said consumers have lodged 510 complaints since June 2018, with claims of "tickets being sold at hugely inflated prices". The judge issued an injunction which prevents the company from continuing the offending conduct and ordered Viagogo to take part in a compliance program. Those phrases "had the effect of drawing the consumer further into a marketing web and also a transactional web", the judge said. If You have a dispute with one or more members, You release viagogo and all affiliated companies, officers, directors, agents, parents, subsidiaries, legal representatives and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. "My wife was searching online for Elton John tickets as a gift for my parents and the first result that came up was Viagogo," Glenn tells us. As part of the listing process, the Seller assigns a price to the tickets and provides information including but not limited to the event, date, section, seat, and row, and sale end date, all in accordance with the process outlined in the help pages. The official website will usually direct you to the authorised ticket seller. Yet we didn't see any mention on Viagogo that our tickets may be duds, and Viagogo refused to acknowledge to media in the recent Elton John case that the rejected tickets were fake. Nothing in this Agreement is intended to confer benefits, rights or remedies unto any person or entity other than the parties hereto and their successors and permitted assigns. Given the extent of these refund liabilities, I thought there was almost no chance of Viagogo getting any commercial loan. To register, You must provide your real name, address, phone number, and email address. This service may include material from Agence France-Presse (AFP), APTN, Reuters, AAP, CNN and the BBC World Service which is copyright and cannot be reproduced. Get the latest product reviews, money-saving tips and more. Viagogo's website states a refund will be issued if the event is cancelled but will replace tickets in the event one is postponed. We pay respect to the Traditional Custodians and First Peoples of NSW, and acknowledge their continued connection to their country and culture. The Viagogo Refund Class Action Lawsuit contends that Viagogo's action is in direct violation of the company's stated policy. They often process refunds if requested. You agree to indemnify and hold viagogo and (if applicable) any parent, subsidiaries, affiliates, officers, directors, attorneys, agents and employees, harmless against all liabilities, costs and expenses (including reasonable attorneys fees) incurred by viagogo and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents, attorneys and employees that arise out of any claim asserted by a third party that involves, relates to or concerns any of your actions or omissions on this Site. Business News Live Business FanFair publishes a guide for getting a refund from Viagogo By Chris Cooke | Published on Monday 7 August 2017. You agree that viagogo is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. If You do not agree with the terms of this Agreement or any revised version of this Agreement, do not continue to use the Services or this Site. FILE A DISPUTE WITH YOUR BANK. If the Seller is required to account for Tax on the sale of the ticket, the Seller should include the Tax (i.e., total) when setting ticket prices on the website. How do I find tickets I've already downloaded? A new screen will display that allows you to begin your refund request. This Agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. Service 195 Value 190 Shipping 165 Returns 160 Quality 175 This company does not typically respond to reviews Positive reviews (last 12 months): 2.4% South Australia's commissioner for consumer affairs, Dini Soulio, went on record to advise consumers to avoid using Viagogo. If you search for the tickets and the website has the word Viagogo in the URL, do not buy. Once the Seller lists tickets for sale, the Buyer purchases these tickets, and the Seller has confirmed the sale, the Seller is responsible for completing the transaction with the exact tickets the Seller has listed. The Federal Court found in April 2019 that Viagogo had long been making false or misleading representations and engaging in conduct that was likely to mislead the public. $356 for two tickets to an event at the Sydney Comedy Festival for which the face value of the tickets was $32.90, or $65.80 for two. You may only use the Services if You can legally enter into and form binding contracts. viagogo makes no warranty with respect to its software, any tickets, any event, the services viagogo provides, or that sellers or buyers will perform as promised, and viagogo expressly disclaims all such warranties, whether express, statutory or implied, including without limitation any warranties of quality, title, non-infringement of third party rights or fitness for a particular purpose. To sell tickets, a Seller lists the tickets in the Site database. If you fancy a viagogo event roulette then use this company. They can't be trusted. The ticket reseller Viagogo was kicked off Google in July 2019 for all kinds of good reasons. We may also first deduct any amount you owe us from any amount we owe you. The watchdog also successfully pursued the company over its added fees, which included a 27.6 per cent booking fee that applied to most tickets in the 2017 period. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. When it comes to transactions between Australian-based consumers and off-shore businesses, I urge consumers to heed our warnings and refrain from doing business with companies such as Viagogo that refuse to comply with Australian law, Ms Petinos said. In the event that the Buyer fails to return a Season Card to viagogo within 24 hours of the event concluding, the Buyer agrees that viagogo may charge an additional failure to return fee of 200 per season card that is not returned to the payment method that was used to purchase the tickets. And we're hardly the only ones who have a gripe with the company. Viagogo pays search engines like Google to appear at the top of search results for major events. The Court also observed the need for general and specific deterrence in this matter, particularly to make it clear to corporations which conduct internet-based operations in Australia that they are subject to the Australian Consumer Law (ACL). She was told that up to 200 people had also been turned away due to fake tickets. 6.6 No Agency. We take no responsibility for such issues. ! I brought a Westlife ticket from Perth Australia for their concert in Singapore on the 16th February 2023. 2.9 a) Exception to Sellers Obligation to Confirm. 6.8 All Sales are Final. Considering they are being taken to the high court of Australia and investigated by Australian consumer commission Id Hope paypal Australia has a duty of care for customers or . Should you experience problems with your tickets on the day of the event you must contact viagogo within 48 hours of the incident to report the issue. Login to your ImmiAccount From the 'My Payments' drop-down tab, select 'Manage Payments' Previous payments and their status will be displayed If the payment status in ImmiAccount is 'Credit' or 'Paid' a refund can be requested. your Partner visa was cancelled by the Minister (unless you have requested for it to be cancelled) or. Mr Sims said many consumers were caught out by the "extraordinarily high" fees. Examples included a ticket for the Book of Mormon advertised at $135 but which was sold for $177.45 including booking and handling fees, as well as Ashes cricket tickets advertised at $330.15, but sold for $426.81 after fees were added. The caretaker period for the NSW Election commenced on 3 March 2023. It has been fined in Italy and . Stay away from them!!!! "Viagogo argued that I couldn't get my money from the sale until after the event, and only if the new purchaser was able to enter successfully, even though I was not the original purchaser of the tickets and had never had them in my possession," Glenn told us. Read more: Please note this does not include any sales or value added tax that may be payable on viagogos fees. ), And although the price was shown in Australian dollars during the first two steps, on the final screen with the final price we were informed: "This is an approximate conversion. Read more: Given its business model, Viagogo should have had funds reaped from ticket sales readily available to timely refund buyers, the complaint says, stressing that consumers relied on the promise that tickets could be refunded when deciding whether to do business with the defendant. ", Viagogo now says on its landing pages: "We're the world's largest secondary marketplace for tickets to live events. The court also ordered Viagogo to conduct a compliance program and pay the ACCCs costs. "Comparably priced" replacement tickets are determined by viagogo in its sole and absolute discretion. 1. FanFair Alliance - Ever get the feeling you've been cheated? The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of viagogo and protected by country and international copyright law. viagogo strongly supports law enforcement efforts to recover stolen property that is listed on the Site, and urges the prosecution of those responsible for knowingly attempting to sell such items on viagogo. More like the well-compensated enabler of a dodgy platform for ticket scalping, it seems. In certain circumstances the payer of a VAC for a Partner visa may be able to receive a refund. Why use viagogo? "It fundamentally misled consumers as to the nature of Viagogo's business in order to attract consumers to acquire tickets," he said. To post a ticket for sale on viagogo You must first register with the Site. Given its chequered past, it's no surprise that its recent re-entry on Google coincided with a resurgence of Viagogo complaints to NSW Fair Trading. Find out more about fact-checking at CHOICE. You agree that payments owing to You for sales made through this Site may be suspended or delayed and that We are not obligated to pay You for any sales if We have a good faith basis to believe such sales were unlawful or otherwise made in material violation of this agreement. He'd been ripped off, and getting his money back from Viagogo was a months-long ordeal that took a toll on Dugald's mental and physical health. A member who wants to buy a ticket first scans the viagogo database for tickets listed by Sellers that match the Buyer's desired tickets. Ticket reseller Viagogo has been fined $7 million for misleading Australian consumers with Google advertisements, added fees and claims about the scarcity of tickets. We will collect proof where this is possible but in some cases viagogo reserves the right to refund the buyer and not pay the seller even if proof of non entry is not presented. Consumers complaining about Viagogo most frequently mention customer service, face value and credit card problems.Viagogo ranks 177th among Tickets sites. On termination, Your items may be de-listed if You are a Seller and Your purchases may be cancelled if you are a Buyer. Note that Your payment may be withheld if you violate this clause. We pay our respects to all Aboriginal and Torres Strait Islander peoples, their cultures and to their elders past, present and emerging. viagogo charge three times the ticket price and then the tickets do not arrive and are not valid at the venue. To request a refund: From the actions menu, select the 'Request Refund' option. viagogo reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or any part of the Site with or without notice. 4. 6.11 Permitted use. Justice Stephen Burley on Friday ordered Viagogo to pay a penalty of $7 million, saying some of the misrepresentations were "on an industrial scale". Google Australia told us it let Viagogo back on because the reseller has cleaned up its act and is no longer engaging in the sort of trickery that the Federal Court found unacceptable. Prices are set by sellers and may be below or above face value.". In certain circumstances, you may be required to complete a Dispute Claim Form and provide additional information in order to claim a refund. If You do not qualify, do not use the Services. Sellers should use our automated online confirmation process. You pay a visa application charge (VAC), sponsorship/nomination fee or citizenship application fee so we can assess your application. Please note, selling prices for tickets traded on viagogo may differ from their original face value (i.e. It didn't. In 2017 the ASA told it to make its exorbitant fees and delivery charges clear at the start of the transaction. First result is the viagogo site, clicks on it looks legit, goes though the motions to buy tickets at Sky City, almost saves herself by balking at the extreme cost of A reserve seats ($520 for 2) then the booking fee of $190 plus other costs/fees/charges but ultimately went thru with it because she didn't want to miss out. ACCC chair Rod Sims said: Viagogos business practices were unacceptable. The parent sponsorship application fee cannot be refunded. Ticket reseller Viagogo AG has been ordered by the Federal Court to pay a penalty of $7 million for breaching the Australian Consumer Law by making false or misleading representations when reselling tickets for live music and sports event, in proceedings brought by the ACCC. the application was unnecessary at the time it was made. Provide documentary evidence with your request to support your claim. Corporate Office 160 Greentree Drive, Suite 101, Dover, Delaware, County of Kent, 19904, USA Phone line opening times - Greenwich Mean Time (GMT) English: 24/7 German: 07:00 - 19:00 Spanish: 08:00 - 23:00 1.4 Modification. When We receive an offer by credit or debit card, We obtain an authorization from the Buyer's credit or debit card equal to the price, booking fees and delivery fees for the tickets. In a statement, Viagogo said the platform had been "overhauled" since the court's initial decision. Last year, a Federal Court judge found the Swiss-based company had breached Australian Consumer Law and made false or misleading representations. These tickets are listed in TWD [Taiwanese dollars]. 2.1 Requirements. Viagogo faces lawsuit over denied refunds - TheTicketingBusiness News All the latest entertainment ticketing ecosystem news from around the globe and up-to-the-minute media coverage from all the leading voices in the ticketing business industry, all in one place - curated and edited by TheTicketingBusiness team at Xperiology. The Court also ordered Viagogo to conduct a compliance program and pay the ACCCs costs. By using this Site, You agree to accept such risks and agree that viagogo is not responsible for the acts or omissions of users on the Site. viagogo reserves the right to prohibit anyone who brings a fraudulent claim from having further access to our website. "The current investigation shows that despite commitments made by Viagogo it is apparent this practice of offering tickets for sale at prices way above their original cost continues to be facilitated through its website, Ms Petinos said. Viagogo is once again in the NSW Governments sights with a new public warning being issued amid ongoing complaints from frustrated consumers regarding the Switzerland-based ticket reseller. You are on a Viagogo website. Sellers have forty-eight (48) hours from the time of sale of the tickets to Report a Problem if they are unable to deliver the exact tickets listed for sale. And while the caveat "on our site" has been appended to messages such as "less than 2% of total tickets currently available" and "123 sections have no remaining tickets", the message seems clear: you'd better hurry up and buy the tickets you've selected or you're not going to the event. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our Site may be interfered with by numerous factors outside of our control. Dec-23-2017 03:49 PM. 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If the re-seller is refusing to refund, contact your bank and ask how to file a dispute against the charge made on your card. In imposing the penalty of $7 million, Justice Burley described the misrepresentations as seriousor very serious, and considered the conduct demonstrated a level of deliberateness. He described one category of representations as having been made on an industrial scale. Sellers who commit to send tickets directly to viagogo are not required to confirm the order. That same year, we reported on the case of 71-year-old Dugald Docherty of Adelaide, who paid $2201 for a ticket to see European soccer titans FC Barcelona take on Real Madrid. In the event that an event is cancelled or re-scheduled, viagogo reserves the right to cancel a sellers transaction. To be eligible for a VAC refund your application needs to have been finalised. Hundreds of tennis fans who bought tickets on Viagogo were turned away from the Australian Open in 2017. Viagogo seemed to be telling us the two tickets we had chosen were the last two left in this section, one of the best in the house. You are responsible for maintaining the security of your username and password and You are responsible for any action taken under your username or password. 2.3 Username and Password. Answer (1 of 5): There are a couple of things you can try to do, but the first one would be to contact Viagogo directly. Viagogo does not pay sellers unt. If a Seller sends tickets that are not consecutive, but listed them as so, viagogo may charge the seller a replacement fee and other charges, as specified in Section 5. 2.5 Tax on Seller Proceeds. Issues must be reported within 14 days after receiving the tickets otherwise this will no longer be covered by the viagogo Guarantee. Unfortunately, postmarked entries after June 5 will not be accepted. Forms must be returned to viagogo 5 working days after receiving them, in order to apply for a refund. CHOICE report: Ticket resellers Viagogo and Ticketmaster Reseller gouging Australians. 7.1 Ownership of Intellectual Property. -Skip the queue - buy your tickets in just two taps. In addition, You shall not now or in the future contest the validity of viagogo's Intellectual Property. Read more in the Viagogo ACCC media release Responsibilities of ticket resellers About ticket resellers A ticket reseller is a business that resells event tickets that have previously been purchased from a primary ticket seller. Cloudflare Ray ID: 7a293b3f6b3e1afb After you raised a dispute did paypal stop or refund deduction from card? You consent to the exclusive personal jurisdiction and venue of Swiss courts. Ultimately there are two questions to be answered . Minister for Small Business. Plaintiffs claim Viagogo is denying consumers refunds that arose because of the mass event cancellations stemming from the Covid-19 pandemic. 2.14 Substituted Seat Locations. momentum in tennis physics. According to a 2017 Choice report, Viagogo takes about 28 per cent commission and Ticketmaster Resale demands a 21 per cent commission for each resale ticket sold and bought a cost that isn't clearly stated during on-site transactions. You are not permitted to use this website other than for the following, private, non-commercial purposes: (i) viewing this website; (ii) buying and/or selling tickets on this website; (iii) viewing transaction details; and (iv) making use of other facilities that may be provided by this website. All sales and bids are final. viagogo expressly disclaims any responsibility for any lost profits or special, consequential, incidental, or exemplary damages (including without limitation indirect and special damages) that may result from the services, the site, or the suspension, termination or malfunction of the services or the site. Viagogo's terms and conditions offer a refund or a voucher worth 125% for cancelled events, but not if they are postponed. "The misrepresentations were on an industrial scale for the relevant period," Justice Burley said. Explain the situation to them saying what you have received, and have them reach out to the seller to confirm you received the correct tickets. We made the case to Google Australia that Viagogo is still up to its old tricks. The world's largest selection of tickets is now at your fingertips - find the perfect tickets today with the viagogo app. After much argument and many emails, they finally agreed to pay me for the tickets, though it took about six weeks and more emails to get the payment processed and the money returned. You agree that We may report any activity that We suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. Event dates, times, venues and subject matter, which are listed on the ticket, may change. Thus, the ticket price shown (before our fees) may include sales or value added tax (US or other) as appropriate. For a list of these situations see Finally, you have rights under the Australian Consumer Law, but they may be hard to enforce if a company is based overseas, like Viagogo. Ticket-holders to postponed events will be able. But when we recently shopped for tickets, we found Viagogo is still up to some of its old tricks. Once a ticket is posted, We strongly discourage posting that ticket for sale elsewhere. For all tickets You list as the Seller, You warrant that Your descriptions of the tickets accurately detail and describe the tickets offered for sale. 2.13 Ticket Information. As of Wednesday, prices for seats in Reserve A seating cost $226 each plus a GST and booking fee of $80. When You sell tickets on viagogo, provided you provide the exact tickets listed for sale and the ticket Buyer successfully gains entry to the event, viagogo guarantees that you will be paid for your sale. 6.5 Tax Indemnity. Viagogo has advised customers who cannot attend a rescheduled event. Released by: 2.8 Notification. Generally, a VAC willonly be refunded in certain circumstances, including if: If you reverse or cancel a payment for your application: Refunds for the Skilling Australians Fund Levy are only possible for limited reasons. Read more: "Viagogo has also failed to specify, in a prominent way, a single price for tickets advertised for sale..
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