The concert ticket that you finally grabbed has devalued by 200 yuan?
Recently, the "ticket discrepancy" incident of a certain singer's Nanjing concert has become a hot topic. Many fans reported that they spent 580 yuan to buy seats on the ticketing platform, but after the ticket was issued, they were assigned to the 380 yuan area on the original seat map. . In response, the ticketing platform responded that the original image was "rendered incorrectly" and that some ticket buyers were offered refunds or seat changes.
However, some consumers are not satisfied with this solution. Some people said bluntly: "Only a very small number of people have enjoyed the seat change, and we don't want to refund the tickets. The concert we had been looking forward to for a long time had such an episode." ', which makes people very uncomfortable."
A reporter from the "Rule of Law Daily" found that in recent times, the concert ticket incident has repeatedly caused controversy. The view is blocked but not explained in advance, the ticket price does not match the location, and the seat allocation of instant tickets is unreasonable, etc. are all problems commonly reported by consumers. Experts interviewed by
pointed out that the "blind box" sales model for concert tickets harms consumers' rights to know, make independent choices and fair trade. It is recommended that relevant departments strengthen the supervision of concert ticket sales models, and organizers must strengthen concert We will increase the transparency of ticket sales, disclose complete ticket sales information to the public before ticket sales, and at the same time refine the tiered ticket prices, publicize and explain the seats in different ticket price brackets, and limit the proportion of seats with high ticket prices.
The tickets you grabbed in seconds were in very poor positions.
Tickets were randomly assigned and could not be refunded.
html At the end of June, Mr. Liu, a Beijing citizen, his wife and a group of four friends watched a certain male star’s concert. The whole process was almost spent in agony.According to Mr. Liu, the seats they bought for 680 yuan were only one row apart from the 380 yuan tickets (the worst one), and the location was very far away. The time to grab the tickets for this concert was one night in April. At that time, he contacted many friends to help grab the tickets. After grabbing the tickets, he paid within seconds. The order time showed that the order was placed in 1 second and the payment was made in 4 seconds. Since successfully grabbing tickets, he has been looking forward to the concert. Two months later, when the tickets were issued, Mr. Liu compared the seat map and found that his seat was in an area on the far left side of the stands, with a high row number. He didn't pay much attention at the time. It wasn't until he arrived at the concert that night that reality hit him hard.
In the photos of the concert sent by Mr. Liu, the reporter saw that only half of the screen could be seen from the seat, and there was a sound block above the screen. Because we are sitting on the "top of the mountain", there are steps and fences below the view. "I paid instantly when I grabbed the tickets. Later, I sold two additional tickets for the concert. As a result, my seat was even worse than what others grabbed during the second opening."
A reporter searched for this man on a social platform Celebrity Concert found that among the posts posted by netizens showing seats, many of them had obtained tickets in the "second and third ticket sales" (the subsequent second and third ticket sales). At the same price, their seats may be better than Mr. Liu is ranked higher, or closer to the middle area. After the
concert, Mr. Liu contacted the platform and tried to refund the tickets, but the platform replied that this situation was normal and the seats were randomly assigned and refused to refund the tickets. Mr. Liu believes that this method of randomly allocating seats puts all risks on consumers. It is like opening a "blind box". You only know whether the seats are good or not after the ticket is issued or when you arrive at the venue. "Even if you choose to refund the ticket as soon as you know the seat after the ticket is issued, it is impossible to succeed, because the ticket issuance time is in mid-June, but any form of refund is no longer allowed at the end of May."
Mr. Liu's experience is not an isolated case. . Recently, some netizens reported to reporters that they spent 1,314 yuan to buy tickets for a concert. After entering, they found that the location was remote. Not only was it difficult to see the singers, but the stage and the main screen were also invisible. Tickets of the same price range are spread across multiple areas, and the one I was assigned "can be said to be the most biased." The netizen grabbed the tickets as soon as he purchased the tickets. It showed that the payment was completed in 3 seconds, and there were many remaining tickets after the ticket purchase was completed.
reporters checked the ticket sales pages of multiple concerts and found that the vast majority of concert ticket sales use random seat allocation, that is, independent seat selection is not supported, and tickets are issued a certain time before the start of the concert to determine the seats.But in fact, the ticket issuance time is often after the refund time allowed by the ticket sales rules, which means that even if consumers are not satisfied with their seats, they often cannot refund their tickets. Moreover, the seats that some viewers grabbed in seconds were not as good as the seats that some viewers grabbed in the "second opening" and "third opening".
In practice, many people have criticized the tiered pricing and corresponding seats for concerts. According to the reporter's observation, the price difference between each tier of many concerts is between 200 yuan and 500 yuan. However, in the seating arrangement of some concerts, there is actually no obvious difference between the seats of the two tiers, which has caused many audiences to feel psychological The gap is huge. Judging from the current situation, the concert organizer and ticket seller have not made any announcement or explanation on how to determine the tiered prices and how to divide the seats corresponding to the prices.
Damage the right to know and choose
Or lead to ticket reselling
According to lawyer Ma Lihong, a senior partner at Beijing Deheheng Law Firm, concert tickets are usually of high value, and the viewing experience at different locations is different. Without consumption, The authors agree that the use of the "blind box" sales model undoubtedly damages consumers' rights to know, make independent choices and fair transactions. From a legal perspective, it is necessary to identify whether the sales conditions for concert tickets constitute standard terms.
"Standard terms are terms that are drawn up in advance by the parties for repeated use and are not negotiated with the other party when making the contract. If a contract is concluded using standard terms, the party providing the standard terms should follow the principle of fairness to determine the rights and obligations between the parties. And use reasonable methods to remind the other party of the clauses that have significant interests in the other party, such as exemption or reduction of liability, and explain the clauses according to the request of the other party. The party that provided the standard clauses failed to perform the obligation to remind or explain, causing the other party to fail to pay attention. Or if the other party understands a clause that has a significant interest in it, the other party may claim that the clause does not become the content of the contract, and the party providing the standard clause unreasonably exempts or reduces its liability, increases the liability of the other party, and restricts the other party's main rights; or the party providing the standard clause excludes it. The standard clause on the other party’s main rights is invalid,” Ma Lihong said.
Attorney Zhen Jingshan, deputy director of Beijing Xingquan Law Firm, believes that the random allocation of concert tickets has advantages and disadvantages. For the organizer, the random allocation of concert tickets saves the organizer's ticket sales costs; for consumers, the random allocation of concert tickets improves the efficiency of consumers' ticket grabbing.
"But this method also has certain problems. First of all, the random allocation of tickets is suspected of violating consumers' right to know and make independent choices. When purchasing tickets, consumers can only choose the price area based on the seat distribution map provided by the organizer. They cannot If you know the actual situation of seats in advance, you can only wait for the "blind box opening"; secondly, random allocation of tickets will indirectly limit consumers' refund rights. In view of the timeliness and scarcity of concert tickets, organizers usually set more stringent requirements There is a time limit for refunds, but the random seats are announced only a few days before the performance. This means that when consumers are not satisfied with the randomly assigned seats, the refund time specified by the organizer has already passed, which indirectly limits consumers’ refund rights.” Zhen Jingshan said.
He pointed out that the random allocation of concert tickets also makes supervision more difficult and provides opportunities for gray transactions such as ticket reselling. Since consumers cannot select seats in advance and there is no way to know the number of tickets for public sale, Therefore, it is possible that the organizer colludes with "scalpers" and "ticket agents" in advance to lock in front-row seats with good views and good positions and sell them at a higher price to make high profits.
"Due to the different audio-visual effects, stage distance, and viewing experience at different locations, tickets will be sold in different stalls to meet the needs of consumers with different paying abilities. However, if there is a large price difference between different stalls and the actual seats are not If there is no obvious distinction, it is suspected of infringing on consumers’ right to fair trade,” said Zhen Jingshan.
Fairly set tiered ticket prices
Full disclosure of ticket sales information
So, how are concert tickets usually priced and the corresponding seating areas determined?
A senior industry insider told reporters that concert ticket pricing and seat allocation are determined by the organizer.Organizers mainly consider cost and constraints when setting prices. The cost of a concert usually includes artist performance fees, venue rental fees, approval fees, lighting and stage design, security and other expenses. Based on the cost, determine the average ticket price to recover the cost, and then develop a ladder around this average ticket price. fare.
"There are still some constraints." This industry insider said that one is regulatory factors. The organizers will not set excessively high prices when selling tickets and hit the red line. The other is the artist's requirements. For example, if there are requirements for special numbers, there will be special numbers like 717 yuan or 1,314 yuan; or the price may be set lower to protect the artist's image. The rest is the "tacit understanding" established by the market. Generally, the low-end tickets are 180 yuan, 280 yuan, 380 yuan, and then add a few hundred yuan to increase in steps. "To be honest, these tiered prices are all based on a few agreed-upon numbers, because the market is like this."
Ma Lihong believes that although the organizer has pricing power, it must be based on fairness and reasonableness. Ticket pricing rules are usually based on different areas and seat levels. Locations and VIP seats close to the stage tend to be higher priced, while seats far away from the stage and ordinary seats are relatively low priced. This pricing method is to meet the needs of audiences with different spending abilities and to balance the income and costs of concert organizers. However, if there is not much difference in location and audio-visual experience between the audience who paid a high price and the audience who paid a low price, it will definitely make consumers feel unfair and unreasonable. If the organizer does not disclose the difference between the ticket price and the seat , it actually damages consumers’ right to know and fair trade.
She also mentioned that the clear price tag means that the products sold by merchants must be true and accurate, the labels must be eye-catching, and the products and prices must correspond one-to-one, so that consumers can clearly understand the price of the goods or services. Clearly marked prices cannot simply be understood as merely indicating the price. Operators should also indicate other information closely related to the price to reduce information asymmetry as much as possible so that consumers and other operators can have a clearer understanding of the value of the goods or services corresponding to the price. understanding. Merchants may be held liable for price gouging if they sell incorrect products or products with obviously unreasonable pricing without publicity.
"Consumers usually cannot know in advance whether the seat has a blocked view problem. If a consumer purchases a seat with a blocked view at a normal fare and the organizer does not inform it in advance, the consumer has the right to ask the organizer for compensation or take measures. "Reasonable measures should be taken to properly solve the problem." Zhen Jingshan said that in practice, organizers often refuse refunds on the grounds that "the consumer has already entered the venue" or "the refund time has passed", or the obstruction is not serious and does not affect the consumer's viewing experience. Address the reasonable demands of consumers.
In this regard, he suggested that the organizer should ensure the basic audio-visual experience of the performance audience, and try to avoid and reduce the occurrence of line of sight obstruction when designing the stage and seat layout; All sales should be explained and prompted, and ticket prices should be appropriately reduced to protect consumers' right to know and choose. It is recommended that organizers actively make plans and equip them with sufficient manpower and solutions. Once similar problems arise, they can be dealt with quickly to meet the reasonable demands of consumers.
"In order to strengthen industry supervision, relevant departments or industry associations should issue corresponding standards to regulate issues such as line of sight obstruction and refund mechanisms. At the same time, random inspections of stage construction and seat layout should be carried out before the start of the performance, troubleshooting of line of sight obstruction issues in advance, and supervision of organizers Rectify and implement corresponding punitive measures. Improve the feedback mechanism and open up complaint channels. Relevant departments can set up special feedback channels for local large-scale performances to handle consumer complaints in a timely manner and solve the problem of difficulties in safeguarding consumer rights.
Set reasonable ticket sales rules
Continue to increase supervision
More than a year ago, during Liang Jingru’s concert in Shanghai, some audience members were blocked by load-bearing pillars throughout the entire concert. Afterwards, the concert organizer was sued to court. The court recently ruled in the first instance that the defendant's behavior was defective performance and constituted a breach of contract.The defendant was ordered to refund the plaintiff's ticket price in a stepped refund ratio based on the single fare of 420 yuan, 650 yuan, and 910 yuan.
After the verdict of the first instance, the court reminded that concerts are a "two-way trip" between fans and idols. Obtaining a complete and immersive concert audio-visual experience is a right that consumers should enjoy, and corresponding venues are provided and the environment are the obligations of the organizer. Pricing rules, return and exchange rules, industry regulations, etc. should also be gradually improved in order to promote the healthy and orderly development of the performing arts economy.
"After the occurrence of some incidents such as the 'pillar ticket', consumers' rights protection is actually forcing the industry to make continuous progress. After the verdict of the Shanghai 'pillar ticket' case, I asked some organizers, and they all paid more attention to it, and I will have a follow-up view. The occlusion situation will be marked and a certain discount will be applied to the original ticket price. Some organizers will reserve some remaining tickets. If any audience is not satisfied with the seat allocation, they can be exchanged on the spot, "said the aforementioned industry insiders. Whether this will cause new problems may need to be considered separately, but it is definitely a top priority for organizers and ticketing platforms to continuously improve their practices.
Ma Lihong believes that it is the organizer's basic obligation to clearly indicate the products and services sold. Consumers have the right to know the true circumstances of the goods they purchase and use or the services they receive. When purchasing goods or receiving services, consumers have the right to obtain fair transaction conditions such as quality assurance, reasonable prices, and correct measurement, and have the right to refuse forced transactions by operators.
"It is recommended that relevant departments strengthen the supervision of concert ticket sales models, require organizers to set reasonable, fair, and transparent ticket sales rules, and ensure that consumers' rights to know, choose, and fair trade are not infringed from the source. Manage it," Ma Lihong said.
Zhen Jingshan suggested that the transparency of concert ticket sales should be enhanced. The organizer should disclose complete ticket sales information to the public before selling tickets, including ticket prices and pricing strategies, seat maps, whether there is any obstruction of sight, seat release time, refund policy, etc.; at the same time, the organizer can consider using advanced imaging technology to disclose through appropriate This way, the concert venue layout will be presented to consumers in an all-round way.
"Ladder fares should be refined. There should be no obvious distinction between seats in the same fare bracket. Seats in different fare brackets should be publicly explained. At the same time, the proportion of high-fare seats should be limited to protect consumers' safety. The right to fair trade. For seats in the same class, a reasonable seating arrangement can be adopted, the seats can be arranged according to the ticket purchase time, the seats can be arranged randomly by the computer, or other fair seating arrangements can be adopted, but the premise is that reasonable arrangements are made. Consumers should be informed. As long as the supporting technology is mature, the ticketing method can be used to specify the specific seats when purchasing tickets to fully protect consumers' right to choose. At the same time, supervision of concert ticketing should also be strengthened. Ensure the fairness of concert ticket sales and seat allocation, and prevent organizers from reserving a large number of seats or reserving high-quality seats internally, and colluding with "scalpers" to seek benefits.
Source: Rule of Law Daily
