Isle of Man Government
Reiltys Ellan Vannin
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Isle of Man Government Office of Fair Trading

Bay Festival Cancellation – advice on refunds

The Office of Fair Trading has been actively seeking additional information from the Isle of Man Bay Festival Limited in order to provide advice to ticket holders for the Bay Festival who are awaiting refunds.

Despite repeated requests Isle of Man Bay Festival Limited has failed to provide the requested information and the Office is disappointed to note the statement issued to the media today by the company. The Office recognises that the company’s failure to comply with its previous statement that refunds would be made by 29th July will only add to the frustration and concerns of consumers.

The Office has also been in correspondence with HMV who were the ticket agent for the event. It had been informed by HMV that if ticket holders did not receive a refund by 29th July they could contact HMV Tickets to claim a refund. However the Office has been advised that HMV are now releasing the following statement:-

“hmvtickets remain in active and positive discussions with the promoter of the cancelled Isle of Man Bay festival, Isle of Man Bay Festival Limited, in order to bring this matter to a satisfactory and timely resolution. As these discussions are at an advanced stage, we feel that it will be helpful and in the interests of all parties to await their outcome before processing refunds. We believe that this will expedite the refund process and make it more straightforward, avoiding any need for customers to liaise with both the promoter and their ticket agent. We would like to thank customers holding tickets to this event for their ongoing patience and understanding - and we would also like to reassure them that an announcement regarding final arrangements for the payment of refunds in accordance with their terms and conditions of purchase will be made by no later than 31 August 2011.”

Whilst the Office is very disappointed that there is now a further delay, it notes from the statement that HMV do intend to make refunds to ticket holders in accordance with their Terms and Conditions ( which state:

“9. Refunds/exchanges

2. Where (i) an Event is cancelled by the Ticket Provider, Venue or Promoter: or (ii) an Event is cancelled due to circumstances beyond our control you will be entitled to claim a refund from us for the face value of the Ticket in accordance with this section.”

Ticket holders should however be aware of other avenues they may wish to pursue in seeking a refund:-

Payments made by credit card – if payment was made by credit card and the price of individual tickets was in excess of £100 (exclusive of charges) the credit card holder may make a claim to their credit card company. The credit card company is equally liable under the law for the refund. The credit card holder should contact their credit card company direct (not Visa or Mastercard or Amex) and ask for a claim form – state on the claim form it is a claim under “Section 75 of the Consumer Credit Act”. If the payment was made by credit card but it was under £100 you may wish to try claiming under the “Chargeback” system described in Payment by debit card below.

Payment by debit card – Visa and Mastercard will both consider claims for refunds under their “Chargeback” system – however there is not a legal requirement for them to do so. The card holder should complain to their bank and state that they wish to make a claim under the “Chargeback” system stating that the event was cancelled and no refund has been made. “Chargeback” may apply to other types of card – ticket holders could contact their banks to see if this applies to theirs.

In both of the above cases ticket holders should make sure that they have proof of purchase and if possible copies of any statements made by Isle of Man Bay Festival Limited in confirmation that the event was cancelled. All claims should be made as soon as possible to ensure they are within any time limits set.

Ticket holders may also wish to write to HMV to ensure that it is aware of their concerns.

The Office will remain in contact with HMV and will advise ticket holders of any further developments as it is aware of them.

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