What is the legal position regarding these tickets puchased by telephone?

[stressed2007]

I woud be grateful for an opinion on this. My brother bought some club tickets from a company via a phone line. He was ill and called in advance and was told he would get a refund (verbally). However when it came down to it they reneged on what they had agreed on the phone and referred him to their website and its terms and conditions regarding refunds. They did not mention these at any point when my brother booked the tickets on the phone or even the fact they had a website - my brother had been given the phone number from a colleague and did not even know they had a website. Any idea what his rights are? Surely he can't be bound by T's and C's which were not drawn to his attention/he was not aware of? Thanks in advance.

Whehn I used to sell concert tickets over the telephone we used to have to say at the end of every transaction.

That is now a confirmed booking for x on x date a total of £x. Tickets cannot be exchanged or refunded and will be posted out to you/held for colelction.

After a while they put it on the recorded messgae that you heard before you were connected.

Is he sure they did not say this. However the distance selling regulations which give a 7 day cooling off period do not apply to accommodation, transport, catering, and leisure services, including outdoor sporting events so it is the same as if you buy something in a shop. Legally you do not have to give a refund.

Did they send them out to him , or any confirmation ? T and C's may be on the back of the ticket or any paperwork

If the terms weren't drawn to his attention before he made the booking, the seller can't rely on them and he can get a refund. Simple contract law. How he proves that is another matter entirely.

So if you buy somthing in a shop and you are not shown a sign that says no refunds if you change your mind, are you entitled to a refund? I think not.

When you buy something you cannot change your mind unless it is at the discretion of the seller or it is covered by the distance selling regulations which leisure tickets and sporting events are not amongst other things.

From Trading Standards

When you buy goods from a trader, such as a shop, market stall, garage, etc, you enter into a contract that is controlled by the Sale of Goods Act 1979 (amended by the Sale & Supply of Goods Act 1994 and the Sale and Supply of Goods to Consumers Regulations 2002).

You don't have any real grounds for complaint if you:
simply changed your mind

When shopping from home you additionally have the right to:
a '7 day cooling off' period during which an order can be cancelled without any reason and a full refund made

Most of these rights ? and particularly the right to cancel ? do not apply to:

contracts for accommodation, transport, catering or leisure services, which are arranged for a specific time or date eg, train, airline or concert tickets, or hotel bookings

So I'm afraid it is totally at the discretion of the company who sold the tickets unless they told your brother at the time of sale that they would refund. From what I can see they don't have to state these terms and conditions at the time of sale, it is basic statutory rights the same as if you buy a dress from a shop then are too ill to attend the wedding means you don;t automatically have the right to a refund.

The terms of a contract with a consumer MUST be brought to the consumer's attention at the time of purchase. It has nothing to do with the distance selling legislation or anything else. If they are not, they cannot be relied on. You are right that the statutory implied terms do not allow you to simply change your mind. But a consumer contract can promise more than the law - most retailers have goodwill policies regarding taking things back if you change your mind.

However, this case is not simply about changing your mind, it's the fact that they did not draw their terms to the consumer's attention, then they said they could have a refund, and then they sought to rely on their written terms, which the consumer did not have. If it went to court, and could be proven, I think the court would take a dim view of a consumer being misled. Staff should be properly trained and be consistent with what they say. Whereas, if they had said from the outset no refunds it would be fine.

It's correct that the distance selling legislation doesn't help you.