Will the money for the concert be refunded if it is postponed due to the pandemic?
In Moscow, due to the situation with coronavirus, new restrictions have been introduced: colleges and universities are switching to remote work, bars, restaurants and clubs will not be able to operate after 11 pm, and theaters and concerts can accommodate no more than 25% of the audience of the hall capacity.
Organizers of entertainment events are postponing them indefinitely, “when the situation stabilizes.” At the same time, citizens have already spent money on tickets, and not everyone is sure that they will be able to go to the concert on another day. AiF.ru learned how to return the money from a member of the Russian Lawyers Association Venera Shumlyanskaya :
“The issuance, sale and return of tickets are regulated by the Fundamentals of the legislation of the Russian Federation on culture, approved by the Supreme Court of the Russian Federation on October 9, 1992 No. 3612-1. According to the law, in case of cancellation, replacement or postponement of a concert at the initiative of the organizer, the cost of the ticket is refunded in full.
If a consumer is unable to attend an event due to illness, he or she can also count on compensation for the cost of the ticket. Of course, if the circumstances of the illness are documented.
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Moreover, if the consumer refuses to attend the concert for another reason, that is, not due to illness, even then he has the right to compensation for the cost of the ticket in the following order:
- no later than 10 days before the day of the event - in the amount of 100% of the ticket price;
- less than 10 days, but no later than 5 days before the day of the event - 50% of the ticket price;
- less than 5 days, but no later than 3 days before the day of the event - at least 30% of the ticket price.
This is what concerns the return of tickets for reasons depending on the organizer or visitor.
However, in the event of the threat and (or) occurrence of individual emergency situations, the introduction of a high alert or emergency regime throughout the territory of the Russian Federation or in its part, the government has the right to establish the specifics of the cancellation, replacement or postponement of a spectacular event, including in terms of the procedure and terms for reimbursement of costs tickets.
In March 2021, in connection with the coronavirus pandemic, a high alert regime was introduced in Russia. In this regard, the government adopted Resolution No. 442, which approved the Regulations on the specifics of the cancellation, replacement or postponement of an entertainment event held by a performing arts organization or museum, applicable from March 16, 2021.
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According to this provision, the following procedure has been approved:
- If an event is canceled or postponed due to the introduction of a high alert regime, the organization posts relevant information on its official websites on the Internet, including the date and time of the postponement of the event and the possibility of visiting it using a ticket previously purchased by the visitor. In this case, the organization is obliged to hold the rescheduled event no later than 18 months from the date of cancellation of the regime.
- If an event is canceled, the organization or authorized person from whom the ticket was purchased has the right to offer the visitor to attend the same or another event after the cancellation of the regime or to reimburse the visitor the full cost of the ticket. Refunds in this case are made within 180 days from the date of the application for refund.
- When an event is postponed, the organization has the right to offer the visitor to attend the rescheduled event using a previously purchased ticket or exchange the ticket for a voucher for the rescheduled entertainment event.
Question answer
How can I get my money back for a trip to a sanatorium or resort? If the organization, no later than six months from the date of cancellation of the regime, has not determined the date and time of the transfer and has not posted information about this on its official website, such an event is considered cancelled. In this case, the organization is obliged to refund the full cost of the ticket upon application by the visitor on the day of application. However, this right of the visitor is not unconditional. He can apply for a refund for the ticket after the cancellation of the regime:
- no later than six months in case of cancellation of the event;
- no later than nine months in case of postponement of the event.
Thus, the postponement of an event is possible until the high alert regime is lifted, but subject to the requirement to post information about the postponement of the event.
If the event is canceled, everything is simpler: you need to submit an application for a refund, and within six months the funds will be refunded to you. If the visitor himself becomes ill with coronavirus infection, then documents confirming the disease must be attached to his application for a ticket return and refund. In this case, the refund will be made within a month.”
How can I get my money back for tickets?
So far, only CSKA has announced the procedure for returning tickets (for the match with Ufa). As reported on the club’s website, tickets are refunded at the VEB Arena box office from March 16 to March 30. If a person paid for the ticket in cash, then he will need to provide at the box office an entrance ticket with a barcode, a cash receipt (if available), an application for a refund, as well as an identity document. If the ticket was paid for by card, you will additionally need to show the purchase receipt for it (if any) and the card itself or phone number (if the purchase was paid via NFC).
The club will begin returning money to those fans who bought tickets on the official website from March 18. If the ticket was purchased from one of the CSKA agents, then you need to contact them for a refund.
Football clubs “Dynamo”, “Lokomotiv”, “Spartak” and “Zenith” promised to publish information about the return of tickets later. It is also unclear what season ticket holders should do.
According to the standard rules for returning tickets published on the Zenit website, they can be returned to the place of purchase no later than 2 hours before the start of the match. Cash refunds are made on the basis of an application and only upon presentation of an identification document. When returning money to a card, you will also need to present an application, passport and the card from which the payment was made. As for the standard rules for returning season tickets, if a fan refuses the season ticket before the first match included in it and returns the season ticket to the client office, the money is returned to the buyer in full. If a person decides to return the subscription during the football season, then the amount will be refunded in accordance with the recalculation of the cost for unattended matches, as well as with the deduction of costs incurred by the FC.
Lokomotiv's ticket sales rules stipulate that tickets can only be returned or exchanged if the match is canceled or postponed. In order to return the subscription, you will need to write an application and provide an identification document. Refunds are made based on matches already attended, as well as expenses incurred by the club.
The Spartak website reports that the club will refund the full amount for tickets only if the date or time of the match is changed. You can get a refund for a season ticket minus the total cost of tickets for matches covered by the season ticket that took place from the beginning of the season until the date of refund. “The indicated ticket price is calculated on the basis of the club’s price list, based on the category of matches established by the price list. If the total cost of tickets calculated in the above manner is equal to or exceeds the cost of the subscription, no monetary payment will be made to the consumer,” the refund rules say.
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Conditions for returning concert tickets due to coronavirus
Since Rospotrebnadzor has not made official statements about the occurrence of a situation that threatens the life and health of citizens, standard rules apply to the procedure for returning tickets in accordance with Art. 52.1 of Law No. 3612-I. However, many organizers refer to force majeure circumstances , which eliminate liability for failure to fulfill the terms of the contract, and also allow the actual expenses incurred to be withheld (Article 781 of the Civil Code of the Russian Federation).
There is no clear answer to whether coronavirus can be considered force majeure. However, some compensation agreements provide for a list of such circumstances and the procedure for returning tickets if they arise. If risk insurance is provided for in the agreement, the organizer has the right to withhold compensation. To return, you must provide an application, passport and ticket.
If concerts are canceled
If the concert is canceled or postponed at the initiative of the organizer, the consumer has the right to refuse the transaction and return the money no later than 3 days before the scheduled date of the event (Article 52.1 of Law No. 3612-I). 100% of the paid amount is refundable. If the contract provides for risk insurance in such cases, the organizer has the right to withhold the costs incurred.
If the concert is not cancelled, but the person is afraid to go
In the event that a consumer wishes to return a ticket on his own initiative, the standard rules established by Art. 52.1 of Law No. 3612-I. Conditions:
- To receive a full refund of the amount paid, you must notify the seller no later than 10 days before the start of the event;
- if the organizers are notified of the termination of the transaction no later than 5 days before the appointed date, half the cost of the ticket is paid;
- If the seller is notified no later than 3 days before the start of the event, only 30% of the cost is refundable.
If you apply for a refund less than 3 days before the start of the concert, the seller has the right to refuse a refund. If there are valid reasons related to deterioration in health and confirmed by a certificate from a medical institution, the consumer has the right to return 100% of the ticket price later than the established deadline, as well as 14 days after the start of the event.
