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gerry | 20:56 Wed 03rd Mar 2004 | How it Works
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A friend of mine recently sold 2 concert tickets on ebay. A week and a half later the concert got cancelled a few days before the event . However they did announce the concert would be re-scheduled for another date.The person that my mate sold the tickets too sent an email looking for a refund as the concert got cancelled.My friend explained that this was not possible and he got an email back saying that she has had it checked & by law she is entitled to a refund & she was going to send the tickets back. i'm not 100% sure how much the tickets sold for but i know it was over the �60 price.So who's right & whos' wrong?
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All concert tickets carry a vital bit of small print which advises that the programme can be changed or cancelled without notice, and that's legally binding, and a standard risk you take when you book. If the gig has been re-scheduled, I would think your friend's buyer has no legal redress at all - as they would not have any with the original vendors - the concert promotors. If in doubt, why not contact eBay for advice - this must be a common problem, and they will confirm how they stand as owners of the site - and be guided by them. Good luck.
Caveat Emptor! I would simply offer the tickets for the re-scheduled concert of the buyer and if this doesn't suit then you have gone further than you needed to if the seller was unaware of any cancellation before sale.
This was a private exchange so standard consumer rights won't apply. She'd never win a court case over it - and it's doubtful she'll waste the money trying.
If the facts are as clear and straightforward as you say, then your friend has nothing to worry about. He sold the tickets in good faith; at the time he sold them he did not know the gig was going to be cancelled and re-scheduled (if he had known, the purchaser could have a valid claim for the return of her money on the basis of misrepresentation). In any event, the purchaser won't suffer a financial loss as the gig is going to be re-scheduled (if it's cancelled altogether, then she, along with all other ticketholders, must look to the concert promoters for a refund).
Agree with all previous responses, but the clincher is that the buyer has still got what she bought - and is, I assume, in the same position as if she had bought the tickets through the official channels.
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Many Thanxs to everyone that took the time and answered my question.Since then my friend went to seek some free advice and was told that he doesn't have to give a refund because of time of sale the concert was still going ahead.If the new date does not suit the person that bought the tickets from you then it is up to them to decide what to do with the tickets as the tickets belong to them and not you.When this person bought the tickets they were taking ownership of them.
He sold the tickets on ebay for money. The contract of sale was to exchange said tickets for a sum of money and that contract was carried out. He isn't obliged to refund anything. The buyer should pursue the concert organisers.

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