Does This Lady Have A Case??

Discussion in 'Blazers OT Forum' started by ABM, Jan 20, 2009.

  1. ABM

    ABM Happily Married In Music City, USA!

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    OK, so I'm standing in the will-call line before last Saturday's game in Charlotte. While in line, I overheard an issue taking place in front of me. I think I got the crux of the matter. Here it is......and a following question:

    The lady in front of me was explaining to the Bobcats agent that she had (weeks ago) purchased 6 tickets to the game from TicketMaster. She said she was sure the sale had gone through because it had shown up on her credit card statement. However, she had no receipt with her. Apparently, she had set-up the purchase to pick up her tickets at will-call.

    However, the agent told the woman that there were no tickets in her name there.......and that, without a receipt, they couldn't help her as all ticket sales/issues were handled through TM.....and that the lady would have to take the matter up with them.

    The lady said, OK, fine. I can do that. I'll go ahead and purchase 6 more tickets tonight. I need them all together. The agent responded (and here's the rub) that the arena was virtually sold out an that the tickets would be in sporadic locations.

    The lady then got REALLY upset...telling the agent that they had traveled "HOURS!" to come to the game an that she wanted "SIX TICKETS TOGETHER!!"

    At that point, the other agent handed me my ticket (trust me, hearing all this going on, I was getting a bit worried, as well, wondering if "I" had a ticket??....the one Mike Barrett said would be there for me. But, then whispered a little whew! when the other agent handed me the envelope.).......at that point I really couldn't stand around and watch the conclusion of this mess.

    However, here's my question: If the lady and her party ended up having to sit all over the place, and she was then able to provide everyone, mainly TM, receipts that she had indeed paid for 6 tickets in a row, would she then have a case/suit against TM? If so, what type of "damages" should she go after?

    The trip probably required a bit of organization to set-up. I'm sure none of them were excited to be sittting by themselves....yada, yada, yada. Therefore, I'm thinking the lady is entitled to a total refund of both sets of tickets, plus all associated travel costs. In other words, a free trip. I don't think it was "incumbent" upon the lady to provide proof of purchase if, indeed, she had purchased them. That's TM's issue with the arena.

    What say you?
     
  2. MARIS61

    MARIS61 Real American

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    I buy Blazers tickets online, and I print them out and take them with me.

    I would think it's all her fault for not bringing her receipt. Should they just hand tickets to anyone who says they paid?
     
  3. barfo

    barfo triggered obsessive commie pinko boomer maniac Staff Member Global Moderator

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    Well, it depends.

    If the contract that she agreed to with TicketBastard says that she has to bring proof of purchase to pick up the tickets, then I'd say she's SOL.

    barfo
     
  4. ABM

    ABM Happily Married In Music City, USA!

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    If I'm not mistaken, there's an option on TM which lets you pick them up at will-call. I believe that's what she was indicating. Was it boneheaded of her to forget any type of receipt? Sure it was. However, I think she'd still have a case once she showed whomever the credit card receipt substantiating payment.
     
  5. MARIS61

    MARIS61 Real American

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    Receipt wouldn't show what tickets the purchase was for, just an amount.

    Could be tickets to anything, anytime, anywhere.
     
  6. ABM

    ABM Happily Married In Music City, USA!

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    ....or the online receipt from TM themselves. I always save those as PDF documents. Ya never know. ;)
     
  7. STOMP

    STOMP mere fan

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    How many times a day do you think TicketMaster deals with this exact issue? I'd imagine they have their bases covered.

    STOMP
     
  8. Ed O

    Ed O Administrator Staff Member Administrator

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    What? That's not a receipt.

    A receipt is something that shows the time and amount of the purchase, as well as what WAS purchased.

    Otherwise a receipt is useless.

    I would imagine that the woman didn't bring the receipt, as she was supposed to, and maybe didn't even have the credit card she used to purchase the tickets (which might be able to be cross-referenced by the club tapping into TM's computers).

    IF she did everything she was supposed to, and they just dropped the ball? And neither TicketMaster nor the club were willing to take care of her from a customer service perspective?

    I would guess that damages would be limited to the price of the tickets. She'd get her money back for tickets she was not given. Maybe if she bought the same type of tickets at a premium (like from a scalper) she could get the difference there, too (assuming it was a legal transaction).

    Associated costs like travel and stress associated with their flub probably wouldn't be actionable... further, TicketMaster probably has an element in their terms of service that claims specifically what they would or would not be responsible for if a mistake is made on its part.

    Ed O.
     
  9. DaRizzle

    DaRizzle BLAKER

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    when ive done will call with ticketmaster they ask u bring your ID and the CC you used...thats it
     
  10. crandc

    crandc Well-Known Member

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    Unlikely, because she had no legal guarantee of seats together. If she could prove the original purchase she'd be entitled to a refund on the second purchase. She'd have to show real harm by not having seats together, for example, a member of the party being a small child or a person with special needs who could not sit alone. Even then the burden of proof would be on her to show that she did indeed purchase the six tickets together and that TicketMaster was negligent.

    In other words, ABM, if you're an out of work lawyer, find another case.
     
  11. AgentDrazenPetrovic

    AgentDrazenPetrovic Anyone But the Lakers

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    you're supposed to bring your order confirmation. they all have an order confirmation number
     
  12. ABM

    ABM Happily Married In Music City, USA!

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    That's what I'm saying.

    I'm fairly certain she purchased these tickets on-line, with the request to pick the tickets up at w/c. That being the case, I'm certain she knew the "exact" seats she was getting at the time of the on-line purchase. TM sends specific reports of such -- including the assigned seats and purchase confirmation -- via e-mail. That's the receipt she "should" have brought with her.

    However, that's not to say she doesn't have that confirmation at home.......which is what I'm suggesting could be used in any effort to get refunded or compensated, otherwise.
     
  13. ironcrotch

    ironcrotch Well-Known Member

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    TM emails you like a billion receipts and confirmations whenever I do an order online. I always die a little inside from seeing all the fee's they tack on. But her not getting ANYTHING from TM is a little sketch. Every online retailer is supposed to email you a receipt.
     
  14. AgentDrazenPetrovic

    AgentDrazenPetrovic Anyone But the Lakers

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    ticketmaster sucks ass.
     
  15. Stevenson

    Stevenson Old School

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    Ticketmaster breached the contract. They need to "make her whole". Likely it would be the cost of the tickets and the cost of the trip - so that she is out nothing out-of-pocket as a result of their breach.

    That's my legal take.
     
  16. ABM

    ABM Happily Married In Music City, USA!

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    Thank You.

    That's the way I approached it, as well.
     
  17. AgentDrazenPetrovic

    AgentDrazenPetrovic Anyone But the Lakers

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    Via Ticketmaster website:

     
  18. barfo

    barfo triggered obsessive commie pinko boomer maniac Staff Member Global Moderator

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    So, if she didn't have her ticketbastard order number, and it sounds like she didn't, she doesn't have a leg to stand on.

    barfo
     
  19. ABM

    ABM Happily Married In Music City, USA!

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    Not necessarily. I'm thinking the understaning above is that the tickets are "available." The fact that they weren't might be a whole 'nother story altogether. Heck, I don't know. :dunno:

    I can tell you this, though, the Bobcats Arena claimed innocence all the way around. I'd seriously be interested to know how they would have handled this situation had the lady been able to present her TM receipt. Could you imagine them kicking the people out of the same seats the lady had purchased? I wonder if these things actually do happen?
     
  20. AgentDrazenPetrovic

    AgentDrazenPetrovic Anyone But the Lakers

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    Yeah, there is absoultely zero proof that she has the tickets. Just because she says she bought them doesn't mean its true. Bobcats arena is completely exonerated it seems, they are the third party to an issue between Ticketmaster and this woman.

    Its the woman's responsibility to ensure the transaction went through and her being charged on her credit card isn't enough.
     

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