Can the ticket buyer ask to cancel the music festival? How to claim?

The long-awaited Qingdao Music Festival was suddenly cancelled, which made many fans disappointed. After all, fans and fans have been planning for a long time, taking vacations, booking air tickets and hotels. Now that the performance is cancelled, who will bear the loss of transportation, accommodation and other expenses? !

1. Who will bear the losses caused by the cancellation of the performance?

According to Article 136, paragraph 2 and Article 566 of the Civil Code of People's Republic of China (PRC), if the organizer does have the fact of breach of contract, the parties concerned have the right to demand compensation for losses.

Theoretically speaking, only in the case of force majeure can the organizer be exempted from liability, otherwise it will be regarded as a breach of contract!

Force majeure refers to unforeseeable, unavoidable and insurmountable objective conditions, such as drought, typhoon, earthquake, tsunami, volcanic eruption and war.

So if the Qingdao Music Festival is cancelled, the ticket buyer can claim compensation!

Second, how to claim?

1. Be sure to keep the purchase order, payment information and proof of actual loss caused by the cancellation of the performance, which are the key evidence of the claim.

2. Contact the organizer and ticketing website, carefully read the refund policy and process, and identify whether there is an overlord clause in the ticket purchase instructions that "obviously restricts the rights of consumers and expands the rights of the organizer". If there is such a clause, it may be invalid because of obviously unfair.

3. If the organizer is required to refund the ticket price, but can't get compensation for accommodation and transportation expenses or other reasonable solutions, he can complain, report or bring a lawsuit to the people's court to the relevant departments such as the Consumer Association, the Market Supervision Administration and the Cultural Tourism Bureau.

Third, how to determine the amount of compensation for losses?

Article 584 of the Civil Code stipulates that if one party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the agreement, thus causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; However, it shall not exceed the losses that the breaching party foresaw or should have foreseen when concluding the contract.

When the organizer holds a music festival, it sells tickets to the whole country. Organizers should foresee that many fans may come from other places, and during this period, some transportation and accommodation expenses will inevitably occur, which usually fall within the scope of actual losses.

However, the loss should be foreseeable, and in judicial practice, the court will also consider whether the actual loss is reasonable in the process of awarding compensation, such as the accommodation standard, the length of time, whether the choice of transportation is related to the performance of the contract itself, and whether it is consistent with the purpose of performing the contract.

Finally, I want to tell fans and fans:

Before purchasing tickets, you should carefully read the refund policy and ticket purchase contract of the ticketing website or organizer to understand your rights and responsibilities;

Tickets purchased through unofficial channels such as "yellow cattle" and "idle fish" or idle goods trading websites may not be able to protect their rights. It is recommended to purchase tickets through official channels and keep evidence such as specific order records.

Domestic insurance companies have consumer-oriented performance cancellation and delay insurance, which can share the economic losses caused by the temporary cancellation of performance activities, and consumers can choose to buy them. ?