NSW Sold Concert Ticket on Gumtree - Now Buyer Wants Refund?

[Natasha29]

Hi there,

I bought a concert ticket, then I couldn't attend anymore. Sold it on Gumtree and made profit too as this is a sold out concert. All good until the concert date, 5 hours before the concert time, it got cancelled. Now I am hassled by my buyer to give her a refund. I might be harsh and unethical but I don't think I am entitled to pay anything back as I didn't sell a guarantee to see the concert. In my opinion, once the transaction happened, it was a done deal. But now she started calling my work too and threatening to reported me to the police.

My question is, what are my rights under Australian Consumer Law and how can I be in the wrong here as I am only selling one ticket that I couldn't attend, then the artist cancelled the concert themselves? What can I do?

 

[Ivy]

Hi Natasha,

What you did was ticket scalping and in certain states there are laws that limit or prohibit this. So:
1. Is the event you bought the ticket for in NSW or another State? If another State, which?
2. What was the specific location of the event? For example a Sydney Stadium?
3. What did the terms and conditions of the ticket say in regard to changing the name on the ticket?
4. Did you fairly and honestly represent the terms and conditions of the ticket or did you write something in the gumtree ad that was misleading or inaccurate (for example saying that the name on the ticket was transferrable when in fact it was restricted)?

 

[Natasha29]

Hi Ivy,

Thanks for responding. I have done some research online about it and I couldn't find anything that proof me wrong.
But as you are the law expert, you might now betteHere is my answer;

1. NSW
2. Hordern Pavilion
3. Nothing specific stated. There is no name on the tickets.
4. My ads stated: "For sale 1 ticket for 28/4/15 couldn't go because of work commitment."

 

[Ivy]

Hi again,

Okay, ticket scalping is generally not prohibited in NSW except for events around the Sydney Cricket Ground, the Sydney Football Stadium, and Sydney Olympic Park precinct. So it looks as though you haven't broken a law by on-selling this ticket.

Secondly, if you have fairly represented the ticket terms and conditions and there is no prohibition on transfer of ticket (because there is no name on the ticket) then I cannot see why you would be liable to the person who purchased the ticket from you.

That person should follow up with the event organisers for a refund. If she requires proof of purchase to get a refund, maybe you can help her out by providing your original receipt (this isn't a legal suggestion, just something you might do out of goodwill if she needs it).

 

[Natasha29]

Thank you. I've offered her to help in getting a refund but she still unhappy about it. I guess there is really nothing I can do. I have good intentions already but instead I get screamed at. Thanks for giving me a peace of mind. Have a great week!