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Question: A question about michael jackson tickets sold on ebay?
(Posted by: Daniela (Poppy's Mama) on 2009-07-01 01:02:04)
I sold two tickets to see Michael Jackson in London on eBay in March. These tickets were sold for above face value but in accordance with eBays terms and conditions, the face value price was clearly listed in the listing. I stated, clearly, in the listing that in the event of the concert being cancelled, only the face value would be refunded. I have had an email from the purchaser asking me to send the refunded monies etc I have confirmed that once I receive a refund from Ticketmaster (who still haven't confirmed what is happening with refunds and when we can expect to receive them), I will forward onto to him the face value of the tickets. I also advised him that in regards to the money he paid above face value, he would have to deal with eBay/ Paypal to see if he is covered under the protected purchase scheme/ insurance. If I clearly stated that only the face value would be refunded, am I in the clear if he wants to pursue the matter with eBay? I know that there must be thousands of buyers/ sellers in a similar situation as some tickets sold for thousands of pounds.
Answers:
Posted by: bala a on 2009-07-03, 07:40:55
I think i`m going to buy this ticket on ebay as a souvenir and maybe sell it later on: cgi.ebay.com/ ws/ eBayISAPI.dll?ViewItem &item= 170351608303
Posted by: cellist on 2009-07-01, 01:07:41
If you clearly stated it, and the buyer clearly understands that and is ethical, then you're just fine. However, I would e-mail eBay with you question, as they would have the final answer concerning your issue. Just to double-check that there isn't some special clause in the agreement that I'm overlooking.
Posted by: hollowreaper13 on 2009-07-01, 01:07:48
Im not to familiar with ebays rules, but yes if he willingly paid above face you with knowledge that he did pay above and that you would only refund face value you should be all right, but then again ebay may see it as an item that can be fully refunded so if you can ask someone at ebay, not us
Posted by: Dave on 2009-07-01, 01:09:11
Look the fact is if it was clearly stated and in readable writing you should be fine it was stated in the ad you are following what you said in the add there is no other issue you are refunding the value of the ticket which is more than most would and if they paid more thats thier problem not urs
Posted by: liam40004 on 2009-07-01, 01:09:47
Well if you stated that on your auction, then you only need to refund the facevalue, but the person you sold the tickets to most likely need to contact ticketmaster themselves to organize a refund and not through you.
Posted by: Ben W on 2009-07-01, 01:22:04
This is an simple example of buyer's remorse when an enforceable contract may not be a fair one. If it was clear from the original listing (as per Lord Denning's famous 'Red Hand' )that only the face value of the ticket would be returned then those are the terms of the contract to which both parties agreed and he would have no recourse. Do you still have the original listing page available? It might be worth checking if it is 'obvious' to other parties that only a face value refund would be available. From your question, the fundamentals of contract law will vindicate your stance to refund only face value tickets and (arguably unfortunately) the purchaser has no recourse. Whilst that is the legal standing if you get the tickets - if you are unable to send the tickets (because Ticketmaster will not issue them now the concerts are cancelled) - which you originally agreed to do - he may be entitled to a full refund. You need to chase ticketmaster to get the tickets sent to you otherwise he has paid you for them and received nothing at all in return. The tickets, whilst worthless, are what you agreed to sell (you did NOT guarantee the performance would take place). If you are able to send him the tickets then he has no recourse. If you are unable to send him tickets, then arguably you have not discharged your obligation and he would be entitled to a full refund. Summary: Chase Ticketmaster and send (now worthless) tickets. He is not entitled to a refund as you have dishcarged your obligation following the agreement made. No tickets = no performance on your part. In that case I would try and hastle ticketmaster for them and wait for an Ebay comment (which will inevitably follow).You would probably have to give hima full refund in that case as you have not, in any way, fulfilled your obligation (despite the fact it is not your fault). The validity of this advice can be found from an official ebay statement regarding Michael Jackson tickets - www2.ebay.com/ aw/ uk/ 200906.shtml#2009-06-26140747 - Paypal's buyers protection scheme has been triggered. It seems that whilst you are not legally required to refund the amount paid, Ebay and Paypal are trying to ensure you do! Hope that helps.
Posted by: monkeymoo on 2009-07-04, 14:57:21
Take a look at what eBay have to say about it: www2.ebay.com/ aw/ uk/ 200907031556372.html includes: ** ........but please be assured that we will be in contact with each buyer and seller in due course giving full details of the refund process...... Sellers are expected to offer full refunds.** So you probably won't have much say in the matter - you'll be expected (and probably forced) by eBay to refund in full.
