Can I get compensation for a cancelled Co-op Live gig in Manchester?

Manchester’s new Co-op Live Arena delayed its opening again this week, this time cancelling US rapper A Boogie Wit Da Hoodie’s show at the last minute as concertgoers were queuing outside. It then axed this weekend’s Olivia Rodrigo gigs. 

Ticket-holders are understandably furious. But what are their consumer rights? 

And can those who have incurred travel and accommodation costs demand compensation? 

Here the Mail’s consumer lawyer Dean Dunham explains everything you need to know:

Fans leave Co-op Live in Manchester after yesterday’s cancelled Boogie Wit Da Hoodie gig

YOUR CONSUMER RIGHTS

As it is the venue that has cancelled the concerts, anyone who purchased tickets from the venue directly or its official ticket seller, Ticketmaster, will be entitled to either a refund of the face value of the ticket, or for their ticket to be rolled over to a rescheduled date. 

You get to choose which option you prefer but the downside of electing for a refund is that you will not generally get back any booking or admin fees you paid.

If you purchased your ticket from a private individual, or a secondary ticket seller, you will have no direct contract with the venue and it will therefore have no obligation to refund you. Instead, you will have to chase the person or entity that sold you the ticket.

TRAVEL AND ACCOMMODATION COSTS

Many who planned to go to the venue will have incurred travel and accommodation costs which will now have been wasted due to the cancellations. 

In law, this is referred to as ‘consequential losses’ which you can generally claim when a trader breaches its contract with you. 

The problem here is that the venue and ticket sellers clearly state in their terms and conditions that they will not pay consequential losses and always rigidly stick to this line.

My view is that ticket holders are sometimes entitled to consequential losses regardless of any exceptions in the ts and cs, and that such a claim would have good prospects of success in the courts in certain circumstances.

By way of example, it has been reported that footage filmed outside the arena yesterday, just hours before A Boogie Wit Da Hoodie’s concert was due to start, showed the area looking like a construction site, with a digger and dumper parked up outside among building materials. 

This would suggest that the venue either knew, or ought to have known, that this week’s events would not take place. 

If this could be proven, there would be a very strong argument for ticket-holders to claim consequential losses, especially when you consider that the remedy for breach of contract in English Law is ‘to put the innocent party back into the position it would have been in had the breach not occurred’.

Notwithstanding the above, if you booked your tickets as part of a package (meaning you booked the tickets and travel/accommodation together) you will be entitled to a refund of the entire package – meaning you will be reimbursed for the wasted travel/accommodation costs.

NO COMPENSATION AND NO CHARGEBACK

With the exception of a possible consequential losses claim, ticket-holders will unfortunately not be able to claim compensation.

I’ve been inundated with people asking me if they can make a chargeback or Section 75 claim in relation to wasted travel/accommodation costs and to claim compensation for the cancelled events. This is where you ask your debit card provider (chargeback) or credit card provider (Section 75) for a refund while they chase the seller for you.

Unfortunately, the answer is no in both cases. To make a chargeback or Section 75 claim there has to be a ‘breach of contract’. 

There is not one here as the travel and accommodation providers haven’t cancelled. In relation to the compensation question, you can only claim the money back for the goods/service, under Section 75 or chargeback scheme and you are therefore not entitled to claim compensation via this route.

IS THERE A TIME LIMIT ON HOW FAST REFUNDS MUST BE GIVEN?

This weekend’s gigs by US singer Olivia Rodrigo have also been cancelled

Section 45 of the Consumer Rights Act says that where a consumer is entitled to a refund, it must be given without undue delay and, in any event, within 14 days commencing from the day on which the trader agrees that the consumer is entitled to a refund. 

It is also worth noting that refunds are generally made via the same method as used for payment, so if you paid on a credit card, you will receive a refund back to the same card.

IS THERE A TIME LIMIT FOR THE ARTIST TO RESCHEDULE?

The law does not place any obligations on venues/traders in relation to re-scheduling cancelled events. However, until the event is reorganised, consumers will always have the right to change their mind about attending and instead ask for a refund.

COULD THERE BE A CLASS ACTION?

Taking up a fight with a big organisation often feels like a David and Goliath challenge so that’s why consumers will often shy away from taking such action. We do have the ability in the English courts to establish a Group Litigation Order – more commonly known as a class action. 

This is where litigants with the dispute and with the same defendant, group together to bring the action. This could be a possibility here for those who are out of pocket.