I purchased a concert ticket in advance, but as the performance date was approaching and my family member was critically ill and unable to attend, why was there so many twists and turns in refunding the ticket after providing relevant certificates?
html On July 12, Ms. Shao posted on a social platform that she bought two tickets for Andy Lau’s Shanghai concert for her parents on the ticketing platform Damai app, totaling 2,760 yuan. As the performance date approached, my grandfather was critically ill, so my parents naturally had no intention of going to the venue. Ms. Shao believed that this was a "force majeure factor" and contacted the platform to apply for a full refund. According to her description, Damai Platform stated that the organizer did not support ticket refunds, while the organizer claimed that it had not received her request for a refund from Damai Platform.On July 14, a reporter from The Paper contacted Damai customer service regarding Ms. Shao’s order situation and was told that “the specific order situation cannot be seen, and the ticket purchaser’s mobile phone number is required to log in and explain the situation. Currently, the process for handling Ms. Shao’s order issue is displayed. It has ended.”
On July 15, the reporter contacted the concert organizer, and the staff said, “The organizer is not responsible for specific refunds, and the specific situation of the ticket order needs to be resolved by contacting the ticketing platform.”
On the evening of the 15th, the relevant staff of the Damai platform informed. Reporter, the current solution provided by is to refund the full amount of through Alipay. As for why Ms. Shao’s refund application was not supported at the beginning, the other party has not yet introduced the detailed disposal process.
Damai’s reply and refund will be decided by the organizer. Picture provided by Ms. Shao
In the early stage of application, the platform did not clarify whether "force majeure factors" apply
Recently, Ms. Shao posted on the social platform that she had previously purchased two tickets for Andy Lau's Shanghai concert on the evening of July 12 for her parents on the Damai app, totaling 2760 yuan. A few days before the performance, my grandfather suddenly became critically ill and was admitted to the ICU. His parents lived in Nanjing and were not in the mood at all and could not travel to Shanghai to watch the concert.
html On July 9, Ms. Shao applied for a full refund on the Damai app. Damai customer service said, “You need to provide a complete diagnosis certificate with the doctor’s name, medical records, examination orders, and payment receipts (vouchers). If a relative is sick, Proof of kinship is also required.”On July 13, the reporter saw on the concert ticket purchase instructions page that refunds for the performance on July 12 will be stopped at 12:00 on July 10, and Article 6 of the ticket purchase instructions stated: If the audience due to "force majeure factors "If a refund is required, the ticket will be refunded in full without the above restrictions after presenting the corresponding voucher.
Instructions for purchasing tickets. Picture: Damai app ticket purchase page
Ms. Shao showed reporters her chat history with Damai customer service. The reporter saw that on July 9, after Ms. Shao informed the customer service about her relative’s illness and applied for a refund, she asked the customer service whether a full refund was available and whether it was subject to the 12:00 deadline on July 10. Damai customer service did not respond. The answer was clear, telling Ms. Shao to "get online consultation as soon as you have the voucher", and did not clearly indicate whether "force majeure" was applicable to this situation.
Ms. Shao told reporters: "I think the platform defaults to me as a force majeure and will not be affected by the refund deadline. In addition, I did not go through the regular refund process." In her opinion, customer service can clearly inform the non-compliance from the beginning The condition for a full refund is to follow the regular refund process and deduct a 20.6% fee. This way she doesn’t have to wait until the “window period” closes before applying for a full refund. After
uploaded the materials, refunds were not supported for a time
html At 10:00 on July 11, Ms. Shao provided relevant materials on the Damai app. According to her recollection, the critical illness notice and medical records were all collected by the ICU and compiled into a volume, so she first uploaded the materials on hand, including her grandfather’s medical records in March, receipts from late May to the end of June during radiotherapy, and the CT scan at the end of June. Check the consultation report, the receipt from the intensive care unit in early July, and the relevant pictures on the inside pages of the household registration book. htmlAt 17:00 on July 11, Commissioner Damai called Ms. Shao and said that the refund certificate was incomplete and required the latest diagnosis certificate with the complete seal of the hospital and the name of the doctor.
Notification of critical illness of Ms. Shao’s grandfather on July 5th.Picture provided by Ms. Shao
Ms. Shao told reporters that the materials were available, but the hospital department that could stamp them was already off work. “At that time, I asked Commissioner Damai if there was a deadline, and she said before the concert, so I submitted it to Damai on the evening of the 11th. I got the critical illness notice and hospitalization certificate from the hospital, and submitted the stamped diagnosis certificate required by Damai at about 10 o'clock on the 12th. "At this time, there were still 8 hours before the concert started. Ms. Shao said that at 15:00 on July 12, Commissioner Damai told her, "(The concert organizer) did not give a reason, but said that they no longer support cancellations on the day of the performance."
Ms. Shao provided Damai Platform with a diagnosis certificate dated July 12 with the complete seal of the hospital and the name of the doctor. Photo courtesy of Ms. Shao
According to Ms. Shao, she called the concert organizer Shanghai Xixin Culture Communication Co., Ltd. and the 12345 Shanghai Citizen Service Hotline to report the problem. According to the recording provided by Ms. Shao, the organizer’s staff told her that if she has specific ticketing issues, she can directly contact the ticketing platform. The staff of the Shanghai Cultural Tourism Order Dispatch Center responded to her that after communicating with the organizer, the organizer did not receive Ms. Shao’s refund request from the Damai platform, and suggested that Ms. Shao verify the communication credentials with Damai.
html At around 16:40 on July 12, Ms. Shao contacted Damai customer service again and asked Damai to provide proof of communication with the organizer. Damai customer service did not respond directly, saying that "the refund time has passed and refunds are not supported for the time being" and " The commissioner’s reply shall prevail.”On July 14, a reporter from The Paper contacted Damai customer service regarding Ms. Shao’s order situation and was told that “the specific order situation cannot be seen, and the ticket purchaser’s mobile phone number is required to log in and explain the situation. Currently, the process for handling Ms. Shao’s order issue is displayed. It has ended.”
html On July 15, the reporter contacted the concert organizer, Shanghai Xixin Culture Communication Co., Ltd., and the staff said, “The organizer is not responsible for specific refunds, and the specific situation of the ticket order needs to be resolved by contacting the ticketing platform.” html on July 15. In the evening, relevant staff of the Damai platform told reporters that the current solution is to provide a full refund through Alipay. As for the twists and turns of the refund, the other party has not yet introduced the detailed disposal process.
Ms. Shao asked Damai for communication credentials with the organizer. Picture provided by Ms. Shao
Damai did not provide Ms. Shao with a communication voucher. It only stated that "the refund time has passed and refunds are not supported for the time being." Picture provided by Ms. Shao
Lawyer: The critical illness in this case can be regarded as force majeure, and a full refund should be made
The consumer applied for a refund due to family accidents or physical illness, but the other party refused to refund the ticket after presenting relevant certificates. Is it reasonable?
reporter contacted lawyer Ding Jinkun of Shanghai Dabang Law Firm. He said: "Force majeure in the Civil Code refers to objective circumstances that cannot be foreseen, unavoidable and cannot be overcome." In practice, it generally refers to earthquakes, floods, etc., and critical illness generally refers to Refers to unexpected events, not statutory force majeure. Generally speaking, critical illness is not a force majeure factor, but in this case, critical illness can be regarded as a force majeure factor, because the terms must be interpreted in favor of consumers, which is an agreement that increases force majeure.
Ding Jinkun introduced that the parties can also agree on "force majeure (factors)". Article 6 of the ticket purchase instructions stipulates that "If the audience needs to refund the ticket due to 'force majeure factors', after presenting the corresponding voucher, the ticket will be refunded in full without the above restrictions." This article is a format clause and should be viewed from the perspective of benefiting consumers. explain.
In addition, the ticketing company responded to the consumer by saying that "complete materials will be provided as soon as possible", so consumers have reason to believe that "the critical illness of a loved one is a force majeure factor." It can also be legally presumed that both parties agree that "critical illness" is a force majeure factor in this contract. Therefore, in order to protect the trust and interests of consumers, based on the principle of good faith, the ticketing party should issue a full refund.
