Potentially up to 50,000 ticket holders are currently sitting out of pocket from the collapse of Soundwave Festival and the cancellation of its 2016 event.
Providing further frustrations for ticket holders, the festival’s official ticketing provider Eventopia claimed last week that they wouldn’t be issuing refunds and to speak with Soundwave.
Soundwave responded by passing the buck back to Eventopia. Eventopia countered by changing their tune, saying they would in fact refund tickets, but only once Soundwave and AJ Maddah return the ticket money, most of which had already been advanced to the festival.
Following a bitter back-and-forth between the two parties, with each alleging the onus of returning ticket-holders’ money lay with the other, Eventopia have now come out saying they will offer refunds to punters as they continue to pursue Maddah.
With the waters muddied by all the he said, she said, it’s become difficult for punters to figure out just what their rights are and just who should be returning their money.
So what are your rights, and could Eventopia really have withheld your funds until such a time as Soundwave return those funds? And what would’ve happened if Soundwave never returned those funds? Would punters have simply been left out of pocket?
We asked a number of experts to weigh in on the issue and provide you with the the best chance of getting your money back.
Your Right To A Refund
Consumer law, which is uniform across Australia, has protections in place so that anyone who has bought a ticket to a music festival that is cancelled is automatically entitled to a full refund.
This applies even if the terms and conditions on the ticket say that you can’t get a refund. This is an illegal statement, because your consumer rights overrule any conditions placed by the ticket agent or promoter on tickets.
If an event’s date or venue changes after you’ve bought your ticket, and this change means that you can’t use your ticket, you are also entitled to a full refund.
The policy covers other changes such as a headline act failing to perform, the promoter mis-representing their liquor license status, or claiming that an event is open to all ages when in fact it isn’t.
Is That What Consumer Affairs & Fair Trading Say?
Yes. Speaking to Tone Deaf, a spokesperson for Consumer Affairs Victoria confirmed that anyone who purchases a ticket to a music festival that is subsequently cancelled is entitled to a full refund. The responsibility, they say, rests with the company who sold them the ticket.
“Anyone who has bought a ticket to a music festival that is cancelled is entitled to a full refund,” the spokesperson said. “People should request the refund from the company that sold them the festival ticket.”
“Many people will have paid for Soundwave Festival 2016 tickets using a credit card, so if the company refuses to provide a refund – or doesn’t respond to the request – contact the relevant bank to seek a chargeback.”
“If a financial institution refuses a chargeback, people can contact the Financial Ombudsman Service on 1300 780 808. People can also contact Consumer Affairs Victoria (1300 55 81 81) or the consumer regulator in their state for advice.”
Meanwhile, a NSW Fair Trading spokesperson told Tone Deaf, “Under the Australian Consumer Law suppliers have an obligation to provide refunds to consumers when there is a failure to supply.”
“ACL regulators are engaging with the ticket selling agency as the first responder. Affected consumers should contact their financial institution to discuss a chargeback. ACL regulators are encouraging the promoter and ticket selling agency to work together.”
Wait, What’s A Chargeback?
If you purchased your tickets using a credit card, you can contact your bank to use their “chargeback” system. This refunds your money directly from the merchant’s financial institution if their goods or services aren’t delivered.
A chargeback basically means that your bank will act as the middle-man between you and a merchant’s card provider. However, chargeback policies vary from bank to bank and may only apply if you’ve failed to get a refund directly from the merchant.
Here are the chargeback policies of several major Aussie banks:
Commonwealth Bank
ANZ
NAB
Westpac
St George
Bank Of Melbourne
Since your bank may need proof that you first attempted to receive a refund directly from the merchant, it’s a good idea to retain any documentation of your attempts. Basically, you’ll need to show that your attempts to get a refund from the supplier have been unsuccessful.
And if a chargeback doesn’t work, it’s time to contact the Financial Ombudsman Service.
What Does Eventopia Say?
After almost a week of buck-passing, Eventopia have finally confirmed they will be issuing refunds to Soundwave 2016 ticket-holders whilst continuing to pursue AJ Maddah for the sum that was advanced to him.
“Eventopia shares in the disappointment of festival fans at the cancellation of Soundwave 2016,” a statement reads. “We are shocked by what we consider to be financial mismanagement on the part of the Promoter which has led to this outcome.”
“Eventopia is actively pursuing every possible legal avenue against Hounds of Hell Pty Limited and its director, AJ Maddah to recover the ticket sales monies that were advanced to Hounds of Hell Pty Ltd.”
“In the interim, to ensure fans are not disadvantaged Eventopia has sent an email this afternoon to all customers inviting them to apply for a full refund of their Soundwave 2016 ticket prior to January 31 2016.”
“The fastest way for fans to receive their refund is to email [email protected] Fans should include their order details, including name and email address that the tickets were purchased under.”
“Refunds will be returned to the original credit card used to purchase. Customers should expect to receive their refund within 21 business days from submitting their request.”
So, What Now?
Right now it looks like your best bet is to email “[email protected]” with your “order details, including name and email address that the tickets were purchased under” before 31st Jannuary 2016.
Your refund should then be processed to the original credit card used to purchase within 21 business days. If not, it could be time to get in touch with a governing body such as Consumer Affairs or the Financial Ombudsman.
Whilst many punters have been successful with chargebacks, it’s possible that Eventopia’s most recent move is an attempt to prevent more chargebacks. Since the ticketing supplier is now offering full refunds, chargeback attempts could yield mixed results.
Just remember your rights: you are entitled to a refund from the supplier when you’ve purchased a ticket to an event that is cancelled. Regardless of all the bad blood between Maddah and Eventopia, you have a right to get your money back.
