londonbridge
Established Member
- Joined
- 30 Jun 2010
- Messages
- 1,877
Apologies for the length of this post.
Last month I booked to see Rosanne Cash at Union Chapel. They don't have a box office and sell all tickets through authorised agents including Music glue, who sell as e-tickets. The ticket was listed at £25. I received the confirmation email with the ticket attached and ready to print, and £25 has been debited from my account.
Then last Wednesday I received the following email:
"You are receiving this email because you purchased tickets for:
Event: Rosanne Cash & John Leventhal
Date: 24th July 2018
Venue: Union Chapel
City: London
Please see below an email to you from the event’s organisers:
“Due to an admin error we listed the price for the Rosanne Cash show at the Union Chapel on 24th July incorrectly and it should be £35.00. We sincerely apologise for this. In order to complete your booking please click on the link in this email below to pay the extra £10.00 per ticket originally purchased or if you do not wish to pay the extra then we will refund your money. There is no booking fee on the extra amount.”
Should you wish to keep your ticket(s), please make the payment for the additional £10.00 per ticket purchased before 1st April 2018 by clicking this link:
(link removed)
If you purchased more than one ticket originally, please ensure the payment is for the same number to keep them all valid. Please also ensure the same name, email address and card is used to match the original order.
Alternatively, if you would like a full refund please email support@musicglue.com
Kind regards,
Music Glue Support"
The link is genuine and leads to the website of DMP Promotions who are staging the show.
Question is, how can this be legal? I have paid the advertised asking price and they have taken the money which, in my opinion, forms a valid contract entitling me to a ticket and entry to the show. I don't see how they could use the 'obvious mistake' defence since £25 could reasonably be interpreted as being the correct price.
Below are key points in the terms and conditions taken from the Music Glue site:
2 The Website, Music Glue and Vendors, orders for Items
2.1 Music Glue is predominantly a supplier of website and order fulfilment services. As such, the majority of Items available via the Website are in fact offered and provided by third parties who use the Website that Music Glue provides as a sales facility. These third parties are referred to as "Vendors".
2.2 Where an Item is provided by a Vendor:
2.2.1 Music Glue will disclose this fact to Customers on the basket page of the Website;
2.2.2 the Customer is entering into a contract with the Vendor which may contain terms in addition to those set out in this Agreement as set out on the Website;
2.2.3 the terms of this Agreement shall, to the extent relevant, be deemed to be included in any contract between the Customer and the Vendor in relation to the sale, purchase and / or use of such Item, as though this Agreement were entered into between the Customer and the Vendor (and to the extent of any conflict or inconsistency between this Agreement and any terms furnished by the Vendor, this Agreement shall take precedence);
2.2.4 the Customer acknowledges and agrees that in respect of such Items Music Glue is acting only as a platform provider to facilitate the creation and performance of a contract between the Customer and the Vendor;
2.2.5 Music Glue provides certain administrative services in relation to the provision of such Items to you by the Vendor, including in relation to the collection of payments on their behalf, but is not the seller of such Items;
2.2.6 whilst Music Glue tries to ensure that the details and descriptions of Vendor Items as displayed on the Website are accurate, the accuracy of such details is the responsibility of the Vendor; and
2.2.7 whilst Music Glue may assist the Vendor in dealing with queries and complaints, such queries and complaints are directed at, and are the responsibility of, the Vendor rather than Music Glue.
2.3 Each order by the Customer is an offer to buy the Items set out in such order. When you send us an order, we will send you an email confirming receipt of the order (the “Order Acknowledgment”). The Order Acknowledgment is an acknowledgement that we have received your order, and does not confirm acceptance by the Vendor of your offer to buy the Item(s) ordered. Neither Music Glue nor any Vendor (as the case may be and subject to clause 2.2) accepts the offer, and no contract in respect of such Item(s) is formed, until the Customer receives clear confirmation of the same either via the Website or via email. This will only happen when the Customer’s payment for the relevant Item has been accepted and cleared via the Payment Partner’s payment gateway. No order for any Item can be guaranteed until you receive such confirmation.
2.4 Where the Customer is directed to a Vendor’s, Payment Partner’s or other third party’s website (“Linked Site”), the Customer acknowledges that such Linked Site is not under Music Glue’s control, and Music Glue is not responsible for and does not endorse the content of such Linked Site, including any information or materials contained on such Linked Site. The Customer will need to make their own independent judgement regarding their interaction with these Linked Sites.
3 Customer Obligations
3.1 The Customer agrees to comply with the terms and conditions set out in this Agreement, and in particular the Customer agrees:
3.1.1 to pay for all Items purchased via the Website;
3.1.2 to comply with all relevant laws, regulations and statutes when using the Website and any Item purchased from it;
3.1.3 not to disclose or permit the disclosure to any third party of any Password;
3.1.4 to accept responsibility for all activities that occur under the Customer’s Music Glue account, including for any transactions, payments or losses made or caused using the Customer’s Password;
3.1.5 to promptly notify the Webmaster of any person impersonating the Customer at the Website or using the Customer’s Password without the Customer’s permission;
3.1.6 not to do or attempt to do anything which interferes with the operation of the Website including any attempt to gain unauthorised access to or use of any Website Content;
3.1.7 not to attempt to alter or otherwise carry out any unauthorised act in respect of any digital rights management applications or data embedded in Recordings or other digital content made available at the Website; and
3.1.8 not to resell, reproduce or exploit any Item or Website Content except as expressly permitted in this Agreement.
3.2 The Customer is responsible for ensuring that all details provided to Music Glue or any Vendor are correct and complete, and for informing Music Glue of any changes to the information the Customer has provided. The Customer can access and update much of the information provided through their Music Glue account.
7 General Information relating to event tickets (Physical & E-ticket)
7.1 The provisions of this clause 7 apply in addition to any terms imposed by the relevant Vendor(s) and are subject to clause 2.2.
7.2 In respect of event tickets (both E-tickets and Physical Tickets) sold via the Website:
7.2.1 the ticket remains the property of the Vendor and is a personal revocable licence which may be withdrawn and admission to the event to which the ticket relates refused at any time upon refunding the printed purchase price;
7.2.2 the ticket is issued subject to the terms and conditions of the Vendor and/or event, and breach of any of such terms and conditions or any unacceptable behaviour likely to cause damage, nuisance or injury may entitle the Vendor or Event Manager to eject you from the venue;
7.2.3 policies set forth by Vendors may prohibit Music Glue or a Payment Partner from issuing exchanges or refunds after a purchase has been made or for lost, stolen, damaged or destroyed tickets; it is your responsibility to keep tickets in a safe place and in good condition - please be aware that Physical Tickets may be damaged by direct sunlight or heat exposure;
7.2.4 no claim under Music Glue's Ticket Refund Protection will be considered if the claim is made more than 14 days after the Event.
7.2.5 tickets purchased via the Website are subject to an additional non-refundable service charge for payment processing.
7.3 The Customer should check all purchase order details prior to placing an order for tickets as, mistakes cannot always be rectified once an order has been placed.
7.4 The Customer acknowledges that it is the Vendor, and not Music Glue, who sets the ticket prices.
7.5 When purchasing tickets via Music Glue, the Customer is limited to a specified number of tickets for each event. This number is indicated on the order tickets page and is verified with every transaction. The purpose of this policy is to discourage unfair ticket buying practices. Music Glue reserves the right to cancel tickets without prior notice if purchased in excess of such limits.
Delivery of tickets purchased via Music Glue
7.6 Music Glue aims to email all E-tickets within one hour unless otherwise noted. If you have not received your E-ticket within this time, please check your spam and junk email folders. Music Glue will only send an E-ticket to the email address provided at the time of purchase, and accepts no responsibility for any inaccuracies in the email address provided by you. Unless stated otherwise, you will receive a single email with the quantity of tickets purchased stated on the email. For purchases made via PayPal, the PayPal account email address will be used. With consideration to all of the above, if your E-ticket does not arrive it is your responsibility to contact support@musicglue.com immediately.
11 Miscellaneous
11.2 Music Glue may in its sole discretion vary this Agreement or impose new or additional terms and conditions at any time by posting such variations or additions on the Website. The Customer’s continued use of the Website after such variations or additions have been posted shall be deemed to constitute the Customer’s agreement to such variations or additions.
11.8 Music Glue reserves the right to cancel any purchase with a full refund, without cause.
Under point 2, the ordering page on the website states "sold by Union Chapel", so that part is covered in that they have identified Union Chapel as the vendor and the contract is with them.
Legally if I refuse to pay the extra £10 and turn up can they cancel the ticket and refuse me entry to the show? And do I have any form of contract with DMP promotions? Should a complaint be aimed at DMP, Union Chapel, Music Glue or a combination of all three?
I will add that I am arguing solely on principle. I have seen Rosanne Cash several times before and £35 is still a good price to see her and I would have had no qualms about paying it if it had been advertised correctly to begin with. I will pay the extra if it comes down to it but I don't think this should go unchallenged. Do I have any sort of legal challenge here and is it worth pursuing whilst incurring minimal cost since we're only talking £10?
Last month I booked to see Rosanne Cash at Union Chapel. They don't have a box office and sell all tickets through authorised agents including Music glue, who sell as e-tickets. The ticket was listed at £25. I received the confirmation email with the ticket attached and ready to print, and £25 has been debited from my account.
Then last Wednesday I received the following email:
"You are receiving this email because you purchased tickets for:
Event: Rosanne Cash & John Leventhal
Date: 24th July 2018
Venue: Union Chapel
City: London
Please see below an email to you from the event’s organisers:
“Due to an admin error we listed the price for the Rosanne Cash show at the Union Chapel on 24th July incorrectly and it should be £35.00. We sincerely apologise for this. In order to complete your booking please click on the link in this email below to pay the extra £10.00 per ticket originally purchased or if you do not wish to pay the extra then we will refund your money. There is no booking fee on the extra amount.”
Should you wish to keep your ticket(s), please make the payment for the additional £10.00 per ticket purchased before 1st April 2018 by clicking this link:
(link removed)
If you purchased more than one ticket originally, please ensure the payment is for the same number to keep them all valid. Please also ensure the same name, email address and card is used to match the original order.
Alternatively, if you would like a full refund please email support@musicglue.com
Kind regards,
Music Glue Support"
The link is genuine and leads to the website of DMP Promotions who are staging the show.
Question is, how can this be legal? I have paid the advertised asking price and they have taken the money which, in my opinion, forms a valid contract entitling me to a ticket and entry to the show. I don't see how they could use the 'obvious mistake' defence since £25 could reasonably be interpreted as being the correct price.
Below are key points in the terms and conditions taken from the Music Glue site:
2 The Website, Music Glue and Vendors, orders for Items
2.1 Music Glue is predominantly a supplier of website and order fulfilment services. As such, the majority of Items available via the Website are in fact offered and provided by third parties who use the Website that Music Glue provides as a sales facility. These third parties are referred to as "Vendors".
2.2 Where an Item is provided by a Vendor:
2.2.1 Music Glue will disclose this fact to Customers on the basket page of the Website;
2.2.2 the Customer is entering into a contract with the Vendor which may contain terms in addition to those set out in this Agreement as set out on the Website;
2.2.3 the terms of this Agreement shall, to the extent relevant, be deemed to be included in any contract between the Customer and the Vendor in relation to the sale, purchase and / or use of such Item, as though this Agreement were entered into between the Customer and the Vendor (and to the extent of any conflict or inconsistency between this Agreement and any terms furnished by the Vendor, this Agreement shall take precedence);
2.2.4 the Customer acknowledges and agrees that in respect of such Items Music Glue is acting only as a platform provider to facilitate the creation and performance of a contract between the Customer and the Vendor;
2.2.5 Music Glue provides certain administrative services in relation to the provision of such Items to you by the Vendor, including in relation to the collection of payments on their behalf, but is not the seller of such Items;
2.2.6 whilst Music Glue tries to ensure that the details and descriptions of Vendor Items as displayed on the Website are accurate, the accuracy of such details is the responsibility of the Vendor; and
2.2.7 whilst Music Glue may assist the Vendor in dealing with queries and complaints, such queries and complaints are directed at, and are the responsibility of, the Vendor rather than Music Glue.
2.3 Each order by the Customer is an offer to buy the Items set out in such order. When you send us an order, we will send you an email confirming receipt of the order (the “Order Acknowledgment”). The Order Acknowledgment is an acknowledgement that we have received your order, and does not confirm acceptance by the Vendor of your offer to buy the Item(s) ordered. Neither Music Glue nor any Vendor (as the case may be and subject to clause 2.2) accepts the offer, and no contract in respect of such Item(s) is formed, until the Customer receives clear confirmation of the same either via the Website or via email. This will only happen when the Customer’s payment for the relevant Item has been accepted and cleared via the Payment Partner’s payment gateway. No order for any Item can be guaranteed until you receive such confirmation.
2.4 Where the Customer is directed to a Vendor’s, Payment Partner’s or other third party’s website (“Linked Site”), the Customer acknowledges that such Linked Site is not under Music Glue’s control, and Music Glue is not responsible for and does not endorse the content of such Linked Site, including any information or materials contained on such Linked Site. The Customer will need to make their own independent judgement regarding their interaction with these Linked Sites.
3 Customer Obligations
3.1 The Customer agrees to comply with the terms and conditions set out in this Agreement, and in particular the Customer agrees:
3.1.1 to pay for all Items purchased via the Website;
3.1.2 to comply with all relevant laws, regulations and statutes when using the Website and any Item purchased from it;
3.1.3 not to disclose or permit the disclosure to any third party of any Password;
3.1.4 to accept responsibility for all activities that occur under the Customer’s Music Glue account, including for any transactions, payments or losses made or caused using the Customer’s Password;
3.1.5 to promptly notify the Webmaster of any person impersonating the Customer at the Website or using the Customer’s Password without the Customer’s permission;
3.1.6 not to do or attempt to do anything which interferes with the operation of the Website including any attempt to gain unauthorised access to or use of any Website Content;
3.1.7 not to attempt to alter or otherwise carry out any unauthorised act in respect of any digital rights management applications or data embedded in Recordings or other digital content made available at the Website; and
3.1.8 not to resell, reproduce or exploit any Item or Website Content except as expressly permitted in this Agreement.
3.2 The Customer is responsible for ensuring that all details provided to Music Glue or any Vendor are correct and complete, and for informing Music Glue of any changes to the information the Customer has provided. The Customer can access and update much of the information provided through their Music Glue account.
7 General Information relating to event tickets (Physical & E-ticket)
7.1 The provisions of this clause 7 apply in addition to any terms imposed by the relevant Vendor(s) and are subject to clause 2.2.
7.2 In respect of event tickets (both E-tickets and Physical Tickets) sold via the Website:
7.2.1 the ticket remains the property of the Vendor and is a personal revocable licence which may be withdrawn and admission to the event to which the ticket relates refused at any time upon refunding the printed purchase price;
7.2.2 the ticket is issued subject to the terms and conditions of the Vendor and/or event, and breach of any of such terms and conditions or any unacceptable behaviour likely to cause damage, nuisance or injury may entitle the Vendor or Event Manager to eject you from the venue;
7.2.3 policies set forth by Vendors may prohibit Music Glue or a Payment Partner from issuing exchanges or refunds after a purchase has been made or for lost, stolen, damaged or destroyed tickets; it is your responsibility to keep tickets in a safe place and in good condition - please be aware that Physical Tickets may be damaged by direct sunlight or heat exposure;
7.2.4 no claim under Music Glue's Ticket Refund Protection will be considered if the claim is made more than 14 days after the Event.
7.2.5 tickets purchased via the Website are subject to an additional non-refundable service charge for payment processing.
7.3 The Customer should check all purchase order details prior to placing an order for tickets as, mistakes cannot always be rectified once an order has been placed.
7.4 The Customer acknowledges that it is the Vendor, and not Music Glue, who sets the ticket prices.
7.5 When purchasing tickets via Music Glue, the Customer is limited to a specified number of tickets for each event. This number is indicated on the order tickets page and is verified with every transaction. The purpose of this policy is to discourage unfair ticket buying practices. Music Glue reserves the right to cancel tickets without prior notice if purchased in excess of such limits.
Delivery of tickets purchased via Music Glue
7.6 Music Glue aims to email all E-tickets within one hour unless otherwise noted. If you have not received your E-ticket within this time, please check your spam and junk email folders. Music Glue will only send an E-ticket to the email address provided at the time of purchase, and accepts no responsibility for any inaccuracies in the email address provided by you. Unless stated otherwise, you will receive a single email with the quantity of tickets purchased stated on the email. For purchases made via PayPal, the PayPal account email address will be used. With consideration to all of the above, if your E-ticket does not arrive it is your responsibility to contact support@musicglue.com immediately.
11 Miscellaneous
11.2 Music Glue may in its sole discretion vary this Agreement or impose new or additional terms and conditions at any time by posting such variations or additions on the Website. The Customer’s continued use of the Website after such variations or additions have been posted shall be deemed to constitute the Customer’s agreement to such variations or additions.
11.8 Music Glue reserves the right to cancel any purchase with a full refund, without cause.
Under point 2, the ordering page on the website states "sold by Union Chapel", so that part is covered in that they have identified Union Chapel as the vendor and the contract is with them.
Legally if I refuse to pay the extra £10 and turn up can they cancel the ticket and refuse me entry to the show? And do I have any form of contract with DMP promotions? Should a complaint be aimed at DMP, Union Chapel, Music Glue or a combination of all three?
I will add that I am arguing solely on principle. I have seen Rosanne Cash several times before and £35 is still a good price to see her and I would have had no qualms about paying it if it had been advertised correctly to begin with. I will pay the extra if it comes down to it but I don't think this should go unchallenged. Do I have any sort of legal challenge here and is it worth pursuing whilst incurring minimal cost since we're only talking £10?
Last edited:
