Canceling a Concert and the Question of Charging Commissions: A Look at Its Legal Aspects and Strategies for Recovering the Entire Fee
In a recent turn of events, the cancellation of Zemfira's concert in Almaty, Kazakhstan, has sparked a discussion about the legality of service fee deductions for canceled events. The international ticket agency, Zakazbiletov.kz, is at the centre of this controversy.
The company justifies the service fee as compensation for booking/order processing, ticket dispatch, and return processing. However, some Kazakhstanis and foreigners who purchased tickets for the concert are upset as the non-refund of the service fee has left them out of pocket. Complaints question why the service fee was not refunded, as the concert was canceled due to reasons not related to the buyers.
Lawyer Sergei Utkin claims that the contract violates consumer protection legislation. He suggests that the deduction of a non-refundable service fee for a canceled concert depends largely on the specific terms and conditions set by the ticket seller and the applicable consumer protection laws.
Generally, consumer protections allow refunds of the ticket’s nominal (face) value if the concert is canceled but may permit keeping service fees if these are explicitly stated as non-refundable in the terms of purchase.
However, if the service fee was not transparently disclosed or is unfairly imposed, a consumer may contest the practice as violating consumer rights. According to Utkin, the Civil Code does not allow such non-refund of service fee.
The Central Stadium, where Jay Lo's concert will take place, has been inspected by the Mayor of Almaty. The complaints were reported by the news channel "31 Channel," and lawyers advise filing complaints with the Committee for the Protection of Consumer Rights.
In summary, the legality of deducting a non-refundable service fee depends on whether the fee and its non-refundable nature were properly disclosed in the terms and conditions at the time of purchase. If such deductions are not transparent or are unfairly imposed, a consumer may contest the practice as violating consumer rights. Therefore, consumers should carefully check the terms they agreed to and Kazakhstan’s consumer protection regulations for specific protections.
- Despite the cancellation of the concert, the international ticket agency, Zakazbiletov.kz, has not refunded the service fee, citing it as compensation for booking and ticket dispatch processes, sparking debates among consumers about potential violations of consumer rights in finance and business.
- If the service fee and its non-refundable nature were not clearly disclosed to consumers at the time of purchase, this practice could be considered a violation of consumer rights, as per the claims of lawyer Sergei Utkin and the Central Asian nation's consumer protection regulations.
