"If the concert is canceled, you can request a refund. In the event of a material breach of contract, the other party has the right to withdraw from the contract. The law does not offer other alternatives, so you do not have to impose a voucher on other services, " says Lukáš Zelený, head of the Legal Department of the consumer organization dTest.
You can only give the organizer an oral notice of the withdrawal, but in order to make it more provable, it is worthwhile to choose a written form. It is best to send a registered letter with a receipt, because in that case the shipment is delivered even when the addressee refuses to accept it. You may even withdraw from the contract before the date of the concert, if it is obvious at that moment that the organizer does not fulfill its obligations.
Recently, the Elan concert was canceled and many ticket holders have not yet received their money back. "Of course, it is not the organizer's discretion, when disappointed fans return the admissions. Once the contract is canceled, it must do so immediately. If the money rolls out, the ticket holder can also claim default interest, the amount of which is stipulated in the 2013 government regulation, "says Lukáš Zelený.
The event organizer does not usually sell the tickets themselves, but uses various portals to sell through. Many fans of Elan have turned to Ticketportal ticket vendors with a refund request. The intermediary is only responsible for issuing a valid ticket and the return of the ticket must be claimed directly at the organizer of the event. "Money should be returned to the fans by the PČS agency, not by the operator of Ticketportal. It is clear from the sales terms of the seller that the organizer is responsible for the performance of the concert. Ticketportal could only be complained when it did not meet its contractual obligation to issue paid tickets, " explains Green.
If the organizer does not return the money to you, you can recover it by filing a claim for unjust enrichment. Once you have the final verdict that confirms your claim, you can propose enforcement orders. "Be sure to send the debtor a pre-litigation appeal before lodging a court action, at least seven days in advance. If you do not do so, the court can not award the costs, even if you win the dispute. You can download the pre-challenge form for free at www.dtest.cz/vzory, " adds Green. You can also go through insolvency proceedings. However, it is necessary to prove the bankruptcy of the debtor, which will not always be possible.
Source: tz dTest.cz
