What do you think these terms and conditions mean? Please help me ASAP

[RTKangaMummy]

I paid for a ticket for a concert which is not an ENO production

I paid for the ticket online by clicking that I agreed to these terms and conditions

Now the box office are saying I cannot send my ticket back for resale BUT about 30 tickets have appeared for resale since the weekend

They agree that the terms and conditions have been misleading and are inaccurate by email

"I am sorry if the website's information was confusing or inaccurate, .... "

Where do I stand in asking them to put my ticket up for resale again.

Thanks

ENO Terms and Conditions 

Fees

There is no booking fee online for ENO productions. Performances at the London Coliseum given by other companies may incur a booking fee. 
Exchanges/Refunds 

Tickets may be exchanged, where possible, for a fee of £2.50 per ticket. (Subscribers pay only £1.50.) 
Refunds are not available for productions unless a performance is cancelled in whole or in part. Please note fees may vary for non-ENO productions. 
The Theatre Management reserves the right to: 

Refuse admission to the theatre 
Request any ticket holder to leave the theatre and take any appropriate action to enforce this right 
Change the performance or cast in the event of illness or any other unavoidable cause. 
Latecomers

Those who arrive late for the start of a performance or after an interval will not be seated once the performance has begun. 


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Isn't there anyone who can help with a POV ?????

If they send out T&C, they are bound by them. If they put T&C on their website, they are bound by them. They can't later decide that, ooops, they're not actually right and insist that you are bound by the ones they choose.

Insist that they abide by the T&C as produced to you or that you will contact Trading Standards.

Alternatively, sell them on ebay.

Thanks Freckle

How would you word it?

I have contacted them a few weeks ago and they blamed the producers and the producers said it was box office who made the rules

And so I am stuck

So I will email a reply to say that I am contacting trading standards

Do you know how to put it in "legal speak" iykwim

I have just rung trading standards and he agreed that I should ask for a refund now I have towork out how to proceed

Do you think I tell them that I have spoken to them or that I am going to speak to them ?

ok I'm confused - from those T&C what makes you think you would be able return ticket for resale (do you mean get a refund?) - it does say you could exchange for a fee - is that what you want to do?

Tell them that you have spoken to Trading Standards, but haven't mentioned the company by name, and they have advised you that you are entitled to a refund in accordance with the T&C as displayed on their website/in their email. Tell them that you therefore require a refund, less the fee of £2.50, failing which you will be contacting TS again, naming the company, and will also be taking legal advice regarding issuing a claim in the county court for breach of contract.

Maybe I'm missing something but the T&Cs say no refund unless performance cancelled, but you can exchange the ticket - are you trying to exchange it? I can't see anything about resale.

Excuse me if I'm being thick!

The T&C mention nothing abut reselling.

They say you can exchange for a fee of £2.50
They say they will not refund unless the performance is cancelled
They say the fee (I assume the £2.50) may vary for non ENO produtions.

It doesn't say that you can send them the ticket to be resold at all.

They also haven't said that the website was misleading or inaccurate, they have apologised if it was, which is slightly different.

I hate to say it but I don't think you are entitled to what is, in effect, a refund. I assume the ones that are up to resale were exchanged rather than just sent back.

I don't mind exchanging for a different production and pay a fee of about £2.50

Trading Standards read the TC and said that as my contract was with them then the box office should deal with me

The point TS said was that it didn't say that EXCHANGES WERE NOT ALLOWED FOR THIS PRODUCTION

The talk of resale confused me!
So you have asked for an exchange but they have told you exchanges are not available for this production despite the T&Cs stating that they are?

In which case, I think you're right and should be able to exchange it because it clearly states that tickets may be exchanged. The only time is mentions non-ENO performances is to say that the fee may vary.

I assume that nowhere else on the description for the performance did it say you couldn't exchange them?

no and these are the TC that you have to click the tick box before the booking is confirmed ie it won't continue unless you agree

I would interpret the exchange thing as being you can exchange for another performance of the same production for a fee - not exchange for a different production. Are they refusing even this? I agree they are not the most explicit T&Cs I've seen!

It is a one off concert so there is only one of them iyswim

I emailed them this morning saying we were contacting trading standards @ 4.30pm this afternoon

On a different part of the website it has this info

They have NOW changed the booking conditions

It used to say:

Box Office Fees

• There is a charge of £1 per transaction for telephone bookings to cover postage and packing. There is no booking fee online for ENO productions.
• Tickets can be exchanged, where possible, for a fee of £2.50 per ticket. Subscribers pay only £1.50.
• Refunds are not available for productions unless a performance is cancelled in whole or in part.
• Please note fees may vary for non-ENO productions.

Ticket Exchange

If you have booked for a performance you cannot attend please inform the Box Office as soon as possible, giving at least 24-hours notice to benefit from our ticket-exchange service. There is a handling charge of £2.50 per ticket. There is no handling charge for upgrading to a higher-priced ticket for the same performance. All tickets are subject to availability.

It NOW says:

Box Office Fees:

Postage & Packing
There is a charge of £1 per transaction for telephone bookings to cover p&p of tickets within the EU.

Exchanges & Credit Notes
Tickets can be exchanged, if possible, for a fee of £2.50 per ticket.
Please note that for events not taking place within the ENO opera season credit notes will not be issued and exchanges are subject to strict conditions.

ALL EXCHANGES MUST BE MADE AT LEAST 24 HOURS IN ADVANCE OF THE PERFORMANCE.

Booking Fee
English National Opera does not charge a booking fee for the opera season.
Please note that events not taking place within the ENO opera season may be subject to booking fees administered by the producers of the show.
Please note that the authorisation of ALL exchanges and credit notes is at the discretion of the Box Office Management.

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What do you reckon to that???

Surely the booking info is from when I paid for the ticket not what they changed it to today?

The concert is this weekend so I don't have much time

I first told them 4 weeks ago.

Do you think a letter from solicitor would help?

Are there any mumsnetters who would be able to write one for me please?

Do you have any legal cover with your home insurance policy? Many policies will include a legal helpline which will give advice on this sort of thing and tell you what scary wording to use to get them to cough up and/or legal expenses cover so you can actually get a solictor to write for you and the insurance company will pay.

I don't know DH deals with all that sort of stuff

DEFFO BRILL !!!!!!!!!!!!!!!!!!!!!!!!!!!!!

THEY HAVE EMAILED TO SAY THAT WE CAN EXCHANGE THE TICKET FOR ANOTHER PRODUCTION OF OUR CHOICE WITHIN NEXT 12 MONTHS!!!!!!!!!!!!

THANK YOU FOR ALL YOUR HELP YOU HAVE ALL BEEN DEFFO BRILL AND REASSURED ME THAT I HAD UNDERSTOOD WHAT WERE VERY WISHY WASHY T & C

BTW I know I was shouting but I am soooooooooooooo relieved