The software and the Site, including without limitation all text, graphics, logos, buttons, images, audio clips, and computer programs, are the property of viagogo or its suppliers, and are protected by country and international copyright, trademark and other intellectual property laws. We will also add sales or value added tax on our fees as applicable. Viagogo may have toned down its pressure selling tactics, but it hasn't exactly changed its ways. We reserve the right to withhold payment if We have a good faith basis to believe such sales were unlawful or otherwise made in material violation of this agreement. You may also have extra rights in your state or territory. You agree that viagogo is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. Join millions of happy customers that have attended their favourite events, thanks to viagogo. We may investigate complaints and violations of our policies. Ticket reseller Viagogo has been fined $7 million for misleading Australian consumers with Google advertisements, added fees and claims about the scarcity of tickets. After much argument and many emails, they finally agreed to pay me for the tickets, though it took about six weeks and more emails to get the payment processed and the money returned. When it hits zero, your chance to see your favourite band or sporting event may have come to an end at least that's what you could reasonably assume. 2.13 Ticket Information. Why can't I see my order or sale in my account? Viagogo seemed to be telling us the two tickets we had chosen were the last two left in this section, one of the best in the house. Those phrases "had the effect of drawing the consumer further into a marketing web and also a transactional web", the judge said. Copyright (c) 2006-2023, viagogo AG. The ticket reseller Viagogo was kicked off Google in July 2019 for all kinds of good reasons. This includes, without limitation, material that announces a website or invites the Buyer to visit a website other than viagogo, catalogues, business cards, business reply cards, bookmarks, coupons, flyers, solicitations or other marketing or advertising material. $287 for two tickets to Paw Patrol when the face value of the tickets was $29, or $58 for two. The court found the website had drawn customers in with a headline price but did not disclose additional fees sufficiently. Meanwhile, the federal government recently released a consultation paper proposing a new Information Standard for ticket resellers. We recommend lodging a complaint about Viagogo with the commission by using its online complaints form, calling 0800 943 600 or emailing contact@comcom.govt.nz. In the event that the Buyer fails to return a Season Card to viagogo within 24 hours of the event concluding, the Buyer agrees that viagogo may charge an additional failure to return fee of 200 per season card that is not returned to the payment method that was used to purchase the tickets. Provide lots of information and make a claim for a refund. Todays $7m penalty sends a strong signal to businesses like Viagogo conducting business in Australia that they cannot get away with profiting from misleading Australian consumers about the price of the tickets they are selling, or other misleading conduct.. In late 2019, many Elton John fans who bought tickets on Viagogo were reportedly refused entry to his Adelaide show. These Terms and Conditions (including any documents referred to in it) ("Agreement") list the terms of the agreement between you ("You") and viagogo AG ("viagogo" or "We" or "Us") for the buying and selling of tickets ("Tickets"), and all other services that We provide (the "Services"). The Federal Court ordered an injunction against Viagogo, to reinforce the need for adherence to the ACL. PLEASE DO NOT TRUST VIAGOGO! You will need a username and password to access the Site and use the Services. Genuine tickets had not been available eight months before the match, when Docherty bought his fake tickets on Viagogo. I bought 2 blackpink ticket a month before the concert for 550eur per person. You agree that payments owing to You for sales made through this Site may be suspended or delayed and that We are not obligated to pay You for any sales if We have a good faith basis to believe such sales were unlawful or otherwise made in material violation of this agreement. Last year, a Federal Court judge found the Swiss-based company had breached Australian Consumer Law and made false or misleading representations. It also failed to adequately disclose to consumers that it was not a primary ticket seller. Note that Your payment may be withheld if you violate this clause. Provide documentary evidence with your request to support your claim. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of viagogo and protected by country and international copyright law. arrow_forward. you might incur adebt to the Commonwealth. We may also first deduct any amount you owe us from any amount we owe you. CH-270.3.014.628-0 with the registered address: viagogo AG, Rue du Commerce 4, 1204, Genve, Switzerland, 7.5 Miscellaneous. Viagogo is once again in the NSW Governments sights with a new public warning being issued amid ongoing complaints from frustrated consumers regarding the Switzerland-based ticket reseller. Consumers complaining about Viagogo most frequently mention customer service, face value and credit card problems.Viagogo ranks 177th among Tickets sites. "My wife was searching online for Elton John tickets as a gift for my parents and the first result that came up was Viagogo," Glenn tells us. ), And although the price was shown in Australian dollars during the first two steps, on the final screen with the final price we were informed: "This is an approximate conversion. ", Viagogo now says on its landing pages: "We're the world's largest secondary marketplace for tickets to live events. The Buyer name and address is provided to Sellers for the sole purpose of delivering the specific purchased ticket(s) and may not be used by the Seller for any other purpose, either in connection with such delivery(ies) or separately from such delivery(ies). Despite a Federal Court ruling against Viagogo in April 2019 for making false or misleading claims and engaging in misleading conduct, Viagogo is clearly still not doing enough to prevent scam artists from using its site to swindle consumers. Viagogo has advised customers who cannot attend a rescheduled event. 2.14 Substituted Seat Locations. In addition, You shall not now or in the future contest the validity of viagogo's Intellectual Property. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content on the Site is strictly prohibited. From the actions menu, select the 'Request Refund' option. Such notice shall be deemed given one business day after the email is sent. He described one category of representations as having been made on an industrial scale. The ACCC has also advised consumers to steer clear of Viagogo. If for any reason your tickets are returned to Us or cannot be delivered We will attempt redelivery up to a maximum of three times. In certain circumstances the payer of a VAC for a Partner visa may be able to receive a refund. You represent and warrant that any information You provide to us, to other members, or to visitors of the Site (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) does not involve the sale of counterfeit or stolen items; (d) does not infringe any third party's copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) does not violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (f) does not contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information. Thus, the ticket price shown (before our fees) may include sales or value added tax (US or other) as appropriate. The action you just performed triggered the security solution. 5.1 Investigations. Instead, try searching for the official website of the band or venue. All transactions are monitored to ensure that sellers deliver through registered couriers such as UPS. You warrant that You will comply with all applicable local, regional, country and international laws, statutes and regulations regarding use of the Site and selling value of the tickets. The use of automated systems or software to extract data from this website for commercial purposes, (screen scraping) is strictly prohibited. If you fancy a viagogo event roulette then use this company. Viagogo is refunding people who bought tickets to events that have been permanently cancelled due to coronavirus - or giving them a "125% voucher". Once the Buyer finds a matching ticket, the Buyer notifies viagogo with an "offer" that the Buyer is willing to purchase the ticket. Should you experience problems with your tickets on the day of the event you must contact viagogo within 48 hours of the incident to report the issue. Fears ticket scalping will surge post-lockdown as laws fail to rein in Viagogo. Try to get in touch with the reseller for a refund. You agree that We shall not be liable to You or any third party for any modification, suspension or discontinuance of the Site or any Services under this agreement, for any reason. View FAQs viagogo's liability to You or anyone else in any circumstance is limited to the lesser of (a) $250, and (b) the total value of all tickets and other items you bought and/or sold via viagogo during the action allegedly giving rise to liability. When listing seated tickets, all tickets in the same listing must be consecutive seats. I contacted Viagogo, seeking a refund for their deceptive practices in checkout and misrepresentations, without success. Viagogo, stylized by the company as viagogo, is a multinational ticket exchange and ticket resale brand. $356 for two tickets to an event at the Sydney Comedy Festival for which the face value of the tickets was $32.90, or $65.80 for two. Business practices were unacceptable and penalty is warning to others that they are subject to Australian law, consumer watchdog says. In proceedings brought by the Australian Competition and Consumer Commission (ACCC), the federal court. ", "I only became aware when looking at our credit card transactions $1500 for two tickets. But the messaging in small letters at the very top of the screen is easy to miss. This does not prevent us from varying these terms without reference to them. Ticket reseller Viagogo has been ordered to pay a penalty of $7m for misleading consumers. The switcheroo could mean a currency conversion fee from your bank. Except for the express warranties stated in this agreement, viagogo provides the software, site and services on an "as is" basis and "as available" basis without any warranties of any kind. Why is the price printed on the ticket different to what I paid? the application was made because of a mistake by the applicantand it is withdrawn in writing before a decision is made. You and viagogo are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of viagogo, which We can refuse in our sole discretion. This info does not constitute financial advice, always do your own research on top to ensure it's right for your specific circumstances and remember we focus on rates not service. $707 for four tickets to The Wiggles when the face value of the tickets was $43.70 each, or $174.80 for four. You agree not to include in your delivery to the Buyer any promotional or other commercial material that is not provided or approved by viagogo, other than a VAT invoice if relevant and if requested by the Buyer and viagogo. Additional information can be found in our FAQs and on the ticket details pages. Australian Competition and Consumer Commission (ACCC). 2.5 Tax on Seller Proceeds. This website is using a security service to protect itself from online attacks. 1. You also agree not to separately contact the Buyer at any time for any reason. Examples included a ticket for the Book of Mormon advertised at $135 but which was sold for $177.45 including booking and handling fees, as well as Ashes cricket tickets advertised at $330.15, but sold for $426.81 after fees were added. The caretaker period for the NSW Election commenced on 3 March 2023. We will also add sales or value added tax on our fees as applicable. "When it comes to transactions between Australian-based consumers and off-shore businesses, I urge consumers to heed our warnings and refrain from doing business with companies such as Viagogo that refuse to comply with Australian law," Ms Petinos said. Read more: You consent to the exclusive personal jurisdiction and venue of Swiss courts. 2.10 Collecting Payment. A payment to viagogo will appear on the Buyers payment method statement as VIAGOGO EVENT TICKETS. Viagogo said in a statement that it offered a high standard of. If (a) a sale is cancelled for any reason; (b) we reasonably believe that you have committed fraud or other illegal act or omission during any buying or selling activity; (c) you leave a sale unconfirmed for more than 48 hours and do not Report a Problem; (d) subject to the exceptions set forth in Section 2.10 and 2.15, you aren't able to deliver the exact seats that you listed on the Site or send the tickets (and related passes if any) on or before the Must Ship By Date or you otherwise fail to fulfill the sale of your tickets or related passes; (e) you send incorrect, misrepresented, invalid, fraudulent or counterfeit tickets or related passes for any sale or portion of a sale; (f) You otherwise owe viagogo a specific amount; or (g) You otherwise breach this Agreement or owe Us a specific amount, then you authorize viagogo to withhold payment or charge your Payment Method any amount you owe us and all costs viagogo incurs due to your conduct, including but not limited to, a late shipment fee or late delivery fee, reprinting fee, shipping re-routing charges, the cost of replacement tickets or related passes, coupons, gift certificates, refunds, and other costs required to compensate the Buyer or Seller for his or her bad experience, with a minimum charge of $30 per ticket (or the equivalent in their listing currency). Click to reveal viagogo does not take title to the underlying ticket and the actual transactions are between the Buyers and Sellers. When We receive an offer by credit or debit card, We obtain an authorization from the Buyer's credit or debit card equal to the price, booking fees and delivery fees for the tickets. If You receive tickets from the Seller that are not the tickets you ordered or tickets that are invalid and not honoured at the venue, we strongly advise you to Contact Us to report the issue. 6.4 Release. A member who wants to buy a ticket first scans the viagogo database for tickets listed by Sellers that match the Buyer's desired tickets. viagogo makes no warranty with respect to its software, any tickets, any event, the services viagogo provides, or that sellers or buyers will perform as promised, and viagogo expressly disclaims all such warranties, whether express, statutory or implied, including without limitation any warranties of quality, title, non-infringement of third party rights or fitness for a particular purpose. You pay a visa application charge (VAC), sponsorship/nomination fee or citizenship application fee so we can assess your application. In imposing the penalty of $7 million, Justice Burley described the misrepresentations as seriousor very serious, and considered the conduct demonstrated a level of deliberateness. We take no responsibility for such issues. Recent complaints include cases of consumers paying: Ms Petinos said Viagogo refused to meet with NSW Fair Trading to discuss the matters in late 2021. ! From the 'My Payments' drop-down tab, select 'Manage Payments', Previous payments and their status will be displayed. Second, your ticket could be fake or the venue may not let you in with a second-hand ticket. But you might not know you're buying from them. viagogo charge three times the ticket price and then the tickets do not arrive and are not valid at the venue. The message from Viagogo is "please note these tickets may not be available again if you abandon them''. (Subclass 870) Sponsored Parent (Temporary) visa. the sponsorship or nomination was not successful. She was told that up to 200 people had also been turned away due to fake tickets. Sellers have forty-eight (48) hours from the time of sale of the tickets to Report a Problem if they are unable to deliver the exact tickets listed for sale. They often process refunds if requested. Viagogo are reportedly "refusing" to offer music fans refunds for gigs cancelled due to the coronavirus pandemic. Infogram. If you search for the tickets and the website has the word Viagogo in the URL, do not buy. Just as before, when you make a ticket selection, the clock starts ticking. Ticket reseller Viagogo fined $7 million for misleading Australian consumers. Viagogo's terms and conditions offer a refund or a voucher worth 125% for cancelled events, but not if they are postponed. Call us during our business hours Give us a call during our operating hours and we'll talk through any questions you may have. Tickets sales must be fulfilled via the delivery method indicated at the time of sale directly to the Buyer and no later than the shipping deadline communicated to the seller at the time of sale (Must Ship By Date). Invalid tickets: If buyers are refused entry to the venue as a result of invalid tickets we may refund the buyer at any time. 1.3 viagogo Guarantee. ACCC Chair Rod Sims said: Viagogos business practices were unacceptable. Viagogo's business model In 2020, Viagogo were fined $7 million in a court case brought on by the ACCC. In this week's episode, podcast co-hosts Eric Fisher and Chris Russo interview Len Perna, chairman and chief executive of TurnkeyZRG. The. If the re-seller is refusing to refund, contact your bank and ask how to file a dispute against the charge made on your card. The Viagogo Refund Class Action Lawsuit contends that Viagogo's action is in direct violation of the company's stated policy. Viagogo does not pay sellers unt. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. 6.1 No Warranty. Viagogo misled thousands of consumers into buying tickets at inflated prices when they created a false sense of urgency by suggesting tickets were scarce and when they advertised tickets at a lower price by not including unavoidable fees.. Viagogo is charged with breach of contract, unjust enrichment, and violations of Florida's Deceptive And Unfair Trade Practices Act. This Agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. We will not allow You to buy or sell tickets before You have registered with Us. ACCC has fined ticket reseller Viagogo $7m for misleading Australian consumers by charging significantly more than its advertised price for popular events such as the Ashes and the musical, The Book of Mormon. Read more: Justice Burley labelled that as "qualitatively a very serious misrepresentation". Corporations found breaching ticket reselling laws can be fined up to $110,000, while individuals can be fined up to $22,000. And while the caveat "on our site" has been appended to messages such as "less than 2% of total tickets currently available" and "123 sections have no remaining tickets", the message seems clear: you'd better hurry up and buy the tickets you've selected or you're not going to the event. 4.3 Sellers Shall Not Include Promotional Material with Tickets. Sellers who commit to send tickets directly to viagogo are not required to confirm the order. CHOICE report: Ticket resellers Viagogo and Ticketmaster Reseller gouging Australians. VIAGOGO are nothing but THIEVING SCAMSTERS Date of experience: 08 November 2021 TR Trish 3 reviews AU 25 Jul 2021 Viagogo Platform for Scammers Spain, the UK and Australia. Corporate Office 160 Greentree Drive, Suite 101, Dover, Delaware, County of Kent, 19904, USA Phone line opening times - Greenwich Mean Time (GMT) English: 24/7 German: 07:00 - 19:00 Spanish: 08:00 - 23:00 6.6 No Agency. If the listed ticket is not delivered, viagogo shall have the right to charge the Seller a replacement fee and other charges, as specified in Section 5. This includes reports four tickets to . If a ticket is sold for more than the allowed cap, the event organiser may cancel the ticket and refuse entry to the person who holds it. Facebook page for Australian Department of Home Affairs, LinkedIn page for Australian Department of Home Affairs, Visa Entitlement Verification Online (VEVO), (Subclass 870) Sponsored Parent (Temporary) visa. According to the consumer group Which?, Viagogo's terms and conditions say that fans are entitled to either a voucher worth 125% of their ticket price or a refund for cancelled events, but no refund is available if gigs or . The email response they send is a template. The Court also observed the need for general and specific deterrence in this matter, particularly to make it clear to corporations which conduct internet-based operations in Australia that they are subject to the Australian Consumer Law (ACL). Form 1424 - Refund request. I'm Travelling - where and when will I receive my tickets? viagogo reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or any part of the Site with or without notice. How do I find tickets I've already downloaded? Media Team - 1300 138 917, media@accc.gov.au, Viagogo to pay $7 million for misleading consumers, Not receiving products or services that are paid for, Receiving unrequested products or services, Problem with a product or service you bought, Unauthorised transfer of phone or internet services, Supplying products or services that are paid for, Supplying unrequested products or services, Problem with a product or service you sold, Competing fairly in professional services, Competition and anti-competitive behaviour, Collective bargaining and collective boycotts, Implementing a business compliance program, Electricity market monitoring inquiry 2018-25, Postal services price notification and monitoring, Interstate rail network access undertaking, Hunter Valley rail network access undertaking, International liner cargo shipping regulation, Telecommunications industry record keeping and reporting rules, National Broadband Network (NBN) access regulation, Non-NBN fixed line services access regulation, Superfast fixed line broadband networks regulation, Transmission services and facility access regulation, Telstra's migration of fixed line services, Regional mobile infrastructure inquiry 2022-23, Exemption from parts of the wheat port code, The development of bulk wheat exports regulation, Digital platform services inquiry 2020-2025, Retail electricity pricing inquiry 2017-2018, Feminine hygiene products price monitoring, Foreign currency conversion services inquiry, Murray-Darling Basin water markets inquiry, Residential mortgage products price inquiry, Digital platform services inquiry 2020-25, Digital advertising services inquiry report, MVIS information for data providers, repairers and RTOs, Authorisations and notifications registers, Collective bargaining notifications register, Resale price maintenance notifications register, Australian Competition and Consumer Commission, UniSA & ACCC Competition Law & Economics Workshop, Mergers and Competition Exemptions consultations, Industry ombudsmen and dispute resolution, took action against Viagogo in August 2017, the court found Viagogo had misled consumers, contact their state or territorys fair trading or consumer affairs agency.