"The performance details on the ticket purchasing platform clearly stated that 'Tang Shiyi will star', why was it not her in the actual performance?" On December 15th and 16th, the dance drama "Zhaojun" was performed in Shanghai, and many people were directed at the China Opera and Dance Drama Theater The audience who came for the lead dancer Tang Shiyi were disappointed because the actual performer was not Tang Shiyi. On the evening of December 16, the organizer Chaoran Culture Media Co., Ltd. issued an apology statement, saying that "the promotion was not rigorous and clear enough, which affected the viewing experience."
Coincidentally, on December 16, actor Deng Jiajia starred in the drama "Beed". "The Life of the Disgusted Song Zi" appeared at the Sichuan Grand Theater. The performance ended just ten minutes after the audience sat down. That night, Deng Jiajia apologized via Weibo. She lost her voice due to illness and had to suspend the performance that night. She also said that she would fully cooperate with the producer and the theater to deal with the aftermath. The
performance market recovered rapidly, and controversy followed. In the eyes of some audiences, they buy tickets and go into the theater to enjoy the show just because they want to see their favorite actors deliver quality performances. "Any consumer should respect the consumer's right to know, and if the quality does not match, the ticket should be refunded. Is the stage performance a blind box?" However, some people in the industry bluntly said that there are many factors that affect stage performances, and emergencies will inevitably occur, which will affect the quality of the performance. The determination is even more subjective, "Whether or not to refund a ticket should depend on the circumstances." Recently, when the Beijing Court accepted a drama refund dispute, it also determined that the "7-day no-reason return" policy was not applicable to performance tickets.
Why do stage performances frequently hear "ticket refunds"?
Over the past weekend, stage performance situations occurred frequently in various places, and the handling methods were different.
On December 15, the performance of "Mozart on Rock" encountered a sound failure in Beijing, and the performance was delayed for 20 minutes; in the end, the crew provided the audience with 100 yuan in transportation compensation.
On December 17, Zhejiang Xiaobaihua Yue Opera Troupe performed "Chen Sanliang" at the Hangzhou Theater. Actor Chen Lijun suddenly lost her voice. Finally, Chen Lijun came on stage to perform, with the voice of the troupe leader Cai Zhefei and another actor. Li Yunxiao performed despite being ill.
On the evening of December 18, the Russian LDM Theater musical "Onegin" announced that it would cancel the performance in Hangzhou from December 22 to 23, and provide ticket refunds for the audience. In fact, all the actors of the play have arrived in Hangzhou, but the organizer has not paid the relevant fees and cannot perform on time.
Why have recent stage performances frequently experienced problems? Some people in the industry admitted that compared with cultural consumption models such as movies and exhibitions, where all content has been prepared in advance, live performances such as stage performances involve various factors: "For example, stage lifting, sound equipment, lighting props, etc., the problem in one link is It will affect the entire performance. Moreover, live performances are also a great test for the actors' physical requirements. In addition to the voice, some performances also require difficult body movements. An unexpected situation will affect the entire stage presentation."
Recently, the State Council Information Office At the press conference on "Accelerating the construction of a culturally powerful country and promoting high-quality development of culture and tourism", Vice Minister of Culture and Tourism Lu Yingchuan introduced that in the first three quarters of this year, there were 342,000 commercial performances nationwide and box office revenue of 31.54 billion yuan. The number of viewers was 111 million, an increase of 121.0%, 84.2%, and 188.5% over the same period in 2019. Some industry insiders revealed that due to the explosion of the performance market, the number of performances has skyrocketed, and the performance team has a busy schedule. "If you are not careful, actors may have difficulty maintaining their best condition due to physical problems. Especially well-known actors, their schedules are not available."
On the other hand, many people in the industry also clearly feel that "the audience's awareness of rights protection is much stronger than before." Mr. Feng, who has been engaged in performance-related work for more than 20 years, has been paying attention to the rights protection controversy caused by the design of stage pillars at Liang Jingru’s concert this year. “In fact, speakers and other equipment have always blocked the stage at concerts in the past. It seems that we have never encountered such a concentrated situation. In terms of rights protection, even if the performance is canceled and tickets are refunded, compensation for transportation and accommodation expenses is rarely required. Whether it is reasonable can be discussed, but for practitioners, the audience has clearly made such a request.He also noticed on social platforms that in many theater performances, audience members complained that the seat design, stage effects or cast did not meet expectations and wanted refunds.
Mr. Lu, who works in stage performances, found that more and more audiences would A performance was rushed out of town, and some people even dragged their suitcases to wait for the actors at the exit of the theater. "Although it is a good thing that everyone is interested in stage performances, chasing performances across cities has indeed greatly increased uncertainty." This is a reflection of the past. The challenge posed by the theater model."
Is there a standard for withdrawing or not?
Faced with various reasons for requesting refunds, the handling methods are different. When
performances encounter technical problems, the organizers often "refund tickets". This year, two foreign musicals encountered malfunctions during their tours in Shanghai: In late October, halfway through the second half of "Phantom of the Opera: Love Is Forever", the turntable suddenly stopped moving, and maintenance had to be suspended. After 20 minutes, it still could not be repaired. The organizer announces cancellation or ticket exchange. In early November, "Titanic" also took measures to refund or exchange tickets due to performance equipment failure. "Mechanical failure is the simplest. If it can be repaired within half an hour, the performance will continue. If it cannot be repaired, the ticket will be refunded or exchanged, because it is really impossible to continue the performance." According to industry insiders, some "generous" organizers will also launch preferential compensation in due course. .
However, once the performance situation is caused by the actors, the situation becomes more complicated. On December 16, Chen Lijun became unwell while performing "He Wenxiu". The condition worsened on the 17th, but the performance of "Chen Sanliang" was not suspended. According to analysis by industry insiders, this was probably done after an evaluation. The role of Chen Kui played by Chen Lijun in "Chen San Liang" was only the second male lead, and the role was not that heavy. In addition, many viewers came specifically to see Chen Lijun, so the performance was suspended or replaced. Will cause more dissatisfaction.
"According to the lingo of the performance industry, 'the play is bigger than the sky, insist on playing.'" In the opinion of industry insiders, there are several factors that make Chen Lijun's performance still possible: Compared with musicals, operas Audiences were “relatively tolerant.” In the Peking Opera "Three Thieves of Kowloon Cup" performed in Shanghai in mid-May this year, due to a sudden acute pancreatitis among the actors, the "Three Thieves" became the "Second Thief", but there was no shouting of refunds in the audience.
On the other hand, industry insiders have also discovered that whether or not to refund tickets sometimes depends on the "fan content" of the audience at the venue. "Many people come here for the star actors. As long as they can see the actors, they think it's worth the ticket price. On the contrary, if the actors are replaced temporarily, even if the performance is successful, some people will be dissatisfied." During this year's Shanghai performance of "Disqualification" , actor Bai Jugang canceled several performances due to physical discomfort, and the audience had completely different voices. Some fans who watched Bai Jugang debut in the draft refused to refund their tickets and wanted to wait for his performance. Some fans even said, "It is precisely because of imperfection that the stage performance is unique. If you don't watch the stage performance live, what are you going to see?" The other part is just Audiences who wanted to see "Unworthy of the World" expressed dissatisfaction. Someone left a message on social media saying that they had seen the show before it was cancelled. "There was already a problem with Bai Jugang's voice in that show. Why didn't you give me a refund? Since the actor was sick. It shouldn't be on stage."
Mr. Feng also admitted that sometimes whether a performance is suspended depends on the actor's own thoughts and circumstances. The day before the performance of "The Life of the Disliked Songzi" was suspended, the Sichuan Grand Theater was still promoting the play on Weibo and other platforms. Deng Jiajia also mentioned in her apology that she had started to lose her voice after the performance in Chengdu yesterday due to a cold. She also went to two hospitals on the day of the performance. She continued to use medicine to atomize her before going on stage, but later she lost her voice at all. talk.
When the musical "The Picture of Dorian Gray" premiered in Shanghai in March this year, actor Ye Qisheng suddenly had a high fever that day. With an hour countdown before the opening, he decided to perform on his own and finally completed the performance successfully. . However, the crew did not want to publicize the matter, and some people in the industry also admitted that such a choice involves certain risks and uncertainties.Should
be "returned within seven days without any reason"?
A few days ago, a "performance ticket refund guide" circulated on social media, citing relevant provisions of laws and regulations such as the Civil Code and the Consumer Rights Protection Act, encouraging audiences to "defend their rights" when negotiating with ticket purchase platforms.
In the opinion of some industry insiders, refunding tickets because the performance they watched did not meet their expectations should not be supported. "Whether the performance is regarded as a service or a commodity, after watching it, the consumption is over, and there is no possibility of secondary sales. Moreover, the evaluation of the performance is subjective. If you ask for a refund at this time, it is not a waste of money. '?"
"Whether it is the stage equipment or the actor's physical condition, the audience does not need to understand professional issues, but if the viewing experience is not good, the performer should give a reasonable explanation and compensation plan." Mr. Wu, who likes stage performances, once When watching a musical, I found that I couldn't hear the first few songs clearly. Later I found that many people had the same feeling as me. "No matter what the reason, if the stage performance does not meet its public quality standards, the ticket should be refunded."
"For example For the dance drama "Zhaojun", the ticket purchase page said "Tang Shiyi stars", and there was also a personal introduction to Tang Shiyi. The audience went to buy tickets for Tang Shiyi, but found that she was not performing at all. Doesn't this count? 'Isn't the product right?'" Mr. Wu saw that some people on the Internet kept and published screenshots of the page when purchasing tickets. In their view, Article 24 of the "Consumer Rights Protection Law" stipulates that "the goods provided by the operator or If the service does not meet quality requirements, consumers may return the product in accordance with national regulations and the parties’ agreement, or require the operator to perform replacement, repair, etc. obligations.” "It's like when you go to buy a windbreaker and the merchant gives you a swimsuit, shouldn't you return it?"
According to Article 25 of the "Consumer Rights Protection Law", operators use the Internet, TV, telephone, For goods sold through mail order and other methods, consumers have the right to return goods within seven days from the date of receipt of the goods without giving reasons. However, some viewers told reporters that it is difficult to refund performance tickets purchased through online platforms even before the show starts. "Why can't I refund the tickets even if they haven't been consumed yet?"
Audience Mr. Liao once purchased two tickets for a musical, but his companion was I couldn't go due to work arrangements, but when I contacted the ticket purchasing platform, they said that "once sold, tickets are non-refundable." Mr. Liao was very puzzled by this: "There are still two days before the show starts, why can't we refund the tickets? Tickets can be refunded or changed for concerts and movies, why not for stage performances? In the ticket purchase instructions, it is unilaterally listed as non-refundable and non-exchangeable. Doesn’t it count as an ‘overlord clause’?”
Some people in the industry said that from a legal perspective, performance tickets are different from general products sold online. Once purchased, the seat is locked. It is timely, exclusive and limited, and refunds must be made at will. It will affect subsequent sales, and arbitrary refunds or low refund costs will also encourage "scalpers" to scalp tickets. From a practical perspective, compared to many concerts today where it is difficult to get a ticket and there is no worry about sales, the audience for stage performances is still relatively narrow. Refunding tickets close to the performance time has a great impact on secondary sales. "Compared to the number and price of concert audiences, the income from stage performances is very thin. Restrictions on refunds can be said to be the last step of self-protection." Whether
performance tickets can be refunded, recent court cases have given enlightenment to the industry and audiences. A few days ago, a consumer mistakenly purchased tickets for the drama "The Night of the Penguins" online and requested a refund from the ticketing platform, which was rejected by the People's Court of Dongcheng District, Beijing.
The court pointed out in its judgment that performance tickets are not "commodities" that are eligible for seven-day no-reason return under Article 25 of the "Consumer Rights Protection Law of the People's Republic of China", but rather record the name, time, location and other contents of the performance. With the performance voucher, consumers can learn all the important information recorded on the ticket through the online description before placing an order. The knowledge of the performance information will not be affected by purchasing first and collecting the ticket later.
Coincidentally, the Qindu District Court in Xianyang, Shaanxi also concluded a dispute over refunds of concert tickets. The consumer was ruled to lose the case. The reason was that the concert tickets were bills, and the performance time, location, content, actors, etc. were clearly specified in the sales process. This will cause consumers to have cognitive biases, causing the actual situation to be inconsistent with consumers' perceptions.
However, in the view of the legal profession, although these cases clarify the handling of similar disputes, the consumer in the case itself was at fault for failing to fulfill its duty of care. In similar cases, if the information released by the performer is incomplete or there are other mistakes, the determination still needs to rely on factual details. Is there a better solution for
?
Audiences enter the theater because they love the stage. Is there a better solution to the contradiction?
Article 8 of the Consumer Rights Protection Law stipulates that consumers have the right to know the true status of the goods they purchase and use or the services they receive. Mr. Wu also believes that "frankness" is the best way to solve the frequent "refund troubles" nowadays. "Nowadays, some performance announcements are too exaggerated, using 'top lineup' and 'world's first' at every turn, but there is no mention of lineup rotation or potential risks." Mr. Wu said that regardless of the reasons for the actors or technical failures, the performance Both parties should make it public in a timely manner, on the one hand to lower the audience's psychological expectations, and on the other hand to allow the audience time to resolve. "You don't have to wait until the audience has sat down before saying that the actor is not in good health. You will inevitably feel like you are being fooled."
Many viewers also told reporters that rotating multiple performance teams is a common practice in international stage performances. "Having star actors is of course a promotional selling point. But at least it should be made public that there are rounds of appearances by different performance teams and star actors." Some viewers even said that they could accept higher prices for star actors to allow the show to get better profits, "but only if the information is made public."
Some viewers also said It is hoped that the ticketing platform can play a role in bringing together performers and audiences, learn from 12306’s mechanism to provide refund and change services for consumers, and assist performers in speeding up ticket circulation. Ferris Wheel Ticketing launched a performance ticket rebooking service in November. The first two performance projects were piloted - Shanghai's "Xinhe Hospital" and Hangzhou Cirque du Soleil's "X Fantasy Land". So far, more than 500 tickets have been rebooked for users.
Xiao Zhang, who is a junior this year, originally made an appointment with his classmates to see "Xinhe Hospital", but something happened and he couldn't go, so he contacted the Ferris Wheel ticket customer service to "change the appointment." "It's good to change the ticket, otherwise the six of us would have to fight for nearly 3,000 yuan."
"The performance market is indeed special. Performances are not normalized like high-speed trains and flights. People only perform for a few days, not today. If you can’t go, you can go next week, but it is indeed a lot difficult to operate.” Liu Wei, CEO of Ferris Wheel Ticketing, said that the pilot project selected permanent programs, taking into account the user’s demand for refunds and changes and the ticketing company’s reasonable income guarantee. "There are a large number of ticketing companies on our platform. Users can find ticketing companies that can provide ticket change services on the platform. Such resources are difficult to find offline for individual consumers. In this way, ticket changes can be achieved on the platform without additional fees." . He said that the team is stepping up research and strives to implement this function on more projects in the future.
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