Refund of theater tickets according to the law
Often, when theater tickets are returned, they refuse to accept them back, citing the internal regulations of the organization. This is fundamentally incorrect, since it contradicts the Federal Law (FL) of the Russian Federation “On the Protection of Consumer Rights,” Article 32 and Article 782 of the Civil Code of the Russian Federation. These laws have the highest legal force in comparison with the internal regulations of the theater.
Let's look at the problem: at its core,
a theatrical performance is a service provided to the consumer .
By purchasing a ticket, the viewer becomes a participant in a two-way purchase and sale transaction for this service. One side of the transaction is the theater, the other is the viewer. The law, which protects consumer rights, gives a citizen the right to refuse to receive a service at any time, subject to compensation to the provider for all expenses incurred. Consequently, if a citizen refuses to watch a theatrical production before it starts, he has the right to expect a refund of the money spent on the ticket. If the theater refuses to refund money for an unused ticket, then the citizen has the right to file a complaint with the territorial body of Rospotrebnadzor.
Ticket refund rules have been updated. What changed?
On June 6, Russian Prime Minister Mikhail Mishustin signed a decree on monetary compensation for tickets to concerts that did not take place due to the high alert regime.
Now, if the event is rescheduled, organizers of canceled concerts are required to either keep the previously purchased ticket valid for the new date or issue buyers a voucher for the rescheduled event.
If within six months from the date of the announcement of the lifting of restrictions on concerts, a new date for the show is not announced, the event is considered canceled and the event organizer is obliged to return the money for tickets to the audience.
IMI.Zhurnal asked MCA Arbat lawyer Maxim Fedotov to explain how the new rules for compensation for purchased concert tickets will work.
What's new in the new resolution?
The deadlines for informing about the cancellation and rescheduling of the concert have been established.
In Resolution 442 (a document of the Government of the Russian Federation adopted in April on the procedure for returning tickets. - Note by IMI.Journal)
the time frame within which the organizer is obliged to publish information about the cancellation or postponement of the event on its website was not specified.
Now such deadlines have been established - 14 calendar days after the lifting of the imposed restrictions.
Increased refund period
If the event is cancelled, the concert organizer must, as before, refund the full cost of the ticket to the buyer.
According to the previous version of the document, money for a ticket purchased on the Internet had to be returned within 30 days from the date the buyer applied. If the ticket was purchased through the box office, it was necessary to compensate its cost on the day of purchase, but not before the lifting of the imposed restrictions.
According to the new rules, with any method of returning a ticket, the money must be returned no later than 180 days from the date of request. However, if the ticket was purchased through a ticket office, you will be able to apply for a refund only after the restrictions have been lifted.
The procedure for rescheduling concerts has been changed
All rescheduled events must now take place no later than 18 months after the restrictions are lifted. If it is impossible to determine the date and time of the transfer within 14 days, the organizer must inform about the fact of the transfer and that the new date and time will be announced within 6 months after the restrictions are lifted. If, within the specified period after the lifting of the imposed restrictions, the organizer does not announce a new date and time for the event, it will be considered canceled, and the organizer, in accordance with the above rules, will have to refund the full cost of the ticket to the visitor upon request.
The period of opportunity to apply for a refund of a concert ticket has been extended
Previously, according to the rules of Resolution 442, the buyer had only 6 months from the date of lifting of restrictive measures to apply for a refund if the event was canceled or postponed. According to the new resolution, if an event is canceled, the period for applying for a refund for a ticket remains the same (6 months), but if a concert is postponed, it is increased to 9 months from the date of lifting of restrictive measures.
Vouchers introduced
The government introduced vouchers, that is, some kind of written certificate confirming the consumer’s right to a certain item or service. In our case, this is the right to attend the rescheduled event. If the event is postponed, the organizer has the right to offer the buyer both to attend a new event using the old ticket, and to exchange it for a voucher.
No later than 30 days before the rescheduled event, the organizer must begin exchanging previously issued vouchers for new tickets. In this case, the validity conditions of the new ticket must be comparable to the conditions of the old one: visibility range and category of seats (row, zone, sector, auditorium level) within the same tariff, price category, holding an event in the same locality.
These conditions are taken into account in their entirety: if the organizer cannot provide a new ticket under the old conditions, then, with the consent of the buyer, he must provide the ticket on better terms and without charging additional payment.
What should I do if the buyer does not want to exchange the ticket for the voucher and demands a refund?
In Resolution 442, the government introduced a general rule: money can be returned in full both when an event is canceled or postponed.
In the new resolution, the phrase about transfer was excluded, so two scenarios are possible:
— Based on the literal interpretation of the document, money can now be returned only if the event is cancelled. In addition, if a new date and time cannot be determined within six months after the lifting of the introduced measures, the event is considered not postponed, but cancelled. In this case, the right to return arises.
— The organizer has the right to offer to exchange the ticket for a voucher, and the buyer has the right to refuse and receive a refund minus the actual expenses of the organizer. This scenario is based on the fact that, even if there are special “coronavirus” circumstances, ordinary civil law applies in this situation.
It is still impossible to say for sure which of the two approaches the judiciary will use, since the first claims against the organizers are just beginning to be filed.
If a buyer exchanged a ticket for 1000 rubles for a voucher, but paid with it for a ticket that costs 500 rubles, should the organizer compensate the difference in price?
According to the new resolution, the organizer is considered to have fulfilled his obligation if he provides the buyer with access to the event on similar or better conditions. What to do if the obligation to the buyer is fulfilled on worse terms (even with his consent) is not specified in the resolution.
If we turn to the Civil Code of the Russian Federation, then, guided by paragraph 1 of Art. 407 and paragraph 1 of Art. 414, we can draw the following conclusion: if a voucher with a face value of 1000 rubles is exchanged for a ticket for 500 rubles, the organizer will still owe the buyer another event for 500 rubles.
How exactly the courts will apply these norms and whether they will apply them at all is extremely difficult to predict. Until the first judicial acts appear, it is not clear whether the viewer will be able to return the voucher to the organizer and compensate for the difference in the cost of the voucher and ticket.
Return Policy
The main condition under which it is possible to return a ticket is that the return procedure must occur before the start of the theatrical performance. Indeed, in this case, the citizen has not yet received the paid service and, according to the law, owes the service provider only the amount that was spent on booking a seat, printing a ticket, service fee and other additional services.
The return of electronic tickets to the theater, i.e. purchased via the Internet on the theater website or intermediary sites, can be carried out in the same way as on paper - through the box office or on the seller’s website. The condition for the return is also that this procedure must be carried out in advance, before the start of the theatrical performance.
Delivery of electronic tickets
With the advent of new technologies, more and more people prefer to make purchases via the Internet. Theater tickets were also no exception to the rule.
In this case, the consumer receives an electronic version, which must be printed independently.
How to return an electronic theater ticket? In this case, in addition to the traditional package of documents, the buyer must provide a photocopy of the internal passport of the Russian Federation. The return period is no more than 5 days before the start of the event.
Refunds will be made within 3-45 days to the same bank card from which they were written off . The commission amount ranges from 2 to 8% - it all depends on the conditions of the electronic wallet or bank.
Knowing how to return theater tickets purchased online, remember one more thing. Almost all organizations involved in the remote sale of theater tickets charge a fairly large service fee. It is impossible to compensate for it.
Documents for return of payment
A theater ticket is a document confirming the fact of payment. It is logical that in order to return a ticket you will need to submit certain documents, namely:
note
When returning tickets for a concert that did not take place, difficulties may arise with indicating the refund amounts. Some service fees may be deducted from the full ticket price. Read more in this article
- passport or other identification document of a citizen;
- the original of the purchased ticket;
- check or receipt of strict accountability;
- application drawn up in 2 copies. One copy remains with the theater representative, the other, with the signature of the person who accepted the document, remains with the applicant.
If, for some reason, it is not possible to personally visit the theater box office, then the documents can be sent to the theater address by Russian Post by registered mail with acknowledgment of delivery. In this case, the letter must include an application, the original theater ticket and a receipt. To be on the safe side, you can make photocopies of the ticket and receipt and keep them for yourself. Also, do not forget about the return condition: the letter must be received by the addressee before the date of the performance.
How to return an air ticket and get your money back
If your trip is cancelled, you will be able to get back the entire cost of the return air ticket or at least part of it. Exactly how much depends on the fare, time before departure and what kind of refund you are processing. If the ticket is non-refundable, all is not lost either.
1) Do not delay returning your air ticket
so as not to spend too much. Some airlines increase fees closer to the departure date. After registration is completed, tickets become non-refundable and expire in most cases.
If you return your Wizz Air tickets two weeks before your flight, you will be charged a fee of 60 € and the full amount will be refunded. If there are less than two weeks left, then pay a fee of 80 € and get the cost of the ticket back minus the paid airline services.
On air, conditions change 24 hours before the end of check-in: for returning tickets at the “Normal” fare, a fee of 3,000 rubles will be withheld, although before this period it was possible to return them without loss.
2) Decide on the type of return.
There are different ways to refuse a flight.
An involuntary refund of an air ticket is when you cannot fly for a compelling reason related to force majeure - either on your part or on the part of the airline. The reason for an involuntary return may be your illness or the illness of a close relative with whom you were planning to fly, the death of a family member, a flight cancellation or long delay. In this case, you will get all your money back, even for a non-refundable ticket. Learn more about situations when you are entitled to an involuntary return.
A voluntary refund of an air ticket is when your plans change and you change your mind about flying. Then you will be refunded as much as is due according to the tariff rules. If you have a non-refundable ticket, then you can only claim fees and taxes, some of which may also be non-refundable: the exact amount will be calculated by the airline.
3) Find out the refund rules for your fare and calculate whether it is profitable to return the ticket
. Read the full rules for the fare you purchased your ticket for: it should tell you if it can be refunded and if you will be charged any fees. Calculate how much you will get back so you know if it makes sense to spend time processing the return.
You fly from Moscow to Berlin by air at the Economy Optimum fare for 11,300 rubles. If you decide to return your ticket, the refund fee will be 37 euros (about 2615 rubles), that is, you will get 8685 rubles back. More examples of how much you will lose in different airlines if you don’t fly.
Made a mistake when purchasing a ticket? Try to pass without penalties on the first day
Many airlines have a 24-hour rule after purchase, during which you can return any air ticket, including non-refundable ones, and get the full amount back. Unless the booking fee is deducted.
For example, easyJet, Finnair, Emirates, Air France, British Airways and all American airlines have this opportunity. There is often an additional condition: the ticket can be canceled on the day of purchase if there is at least a week left before departure. It also happens that a full refund without fees is only possible until midnight of the current day or even within a few hours - if you made a mistake when ordering a ticket or suddenly changed your mind, act quickly.
4) Start the return process
. Contact where you bought your ticket: an intermediary agency or directly to the airline. Let them know that you are canceling the flight and send a request for a refund of the ticket price. How to do it:
If you bought a ticket on the Internet and want to issue a voluntary refusal, then go to the same website. In your personal account or through the search form “Search order” (Checking the order, Find my booking) find the reservation of the desired ticket and next to the “Return” button (Cancel my booking and request a refund), select the passengers whose tickets you want to return, check all the data , including the amount to be returned, and click “agree” - then everything will happen automatically.
Important! Some airlines charge money for ticket refunds through the customer support service, such as KLM, or in the office, such as S7. But they won’t charge a penny if you do everything yourself on the site.
If you have already made changes to the ticket you want to return, it may not be possible to return it yourself on the website. Contact support.
If you bought tickets at the box office or payment terminals, if you are filing a forced return, or if you cannot return the ticket yourself in your personal account, then:
Fill out the refund form on the airline or intermediary website. Sometimes this requires you to first find your ticket through the search form;
or
Submit your return request by email. Often for such cases there are special emails like Indicate your first and last name, passport details, flight number, departure date, ticket and reservation number, phone number and details of the card to which you want to return the money;
or
Contact support. In case of forced return, explain why you cannot fly on the flight you paid for and attach scanned copies of your passport and supporting documents, for example, a certificate from the hospital about your health status on the day of departure or a certificate of incapacity for work. Read more about the documents.
If you are flying on a single connecting ticket and want to cancel some of your flights, please notify the airline prior to check-in for your first flight. You are unlikely to be able to get your money back: even if the ticket is refundable, the airline will recalculate the cheap connecting flight at the regular fare, subtract it from the total price of the ticket and, most likely, it will turn out that the refundable amount is 0. But inform that you will not fly on one of flights, you still need to: according to the rules of most airlines, if you do not show up for check-in, then all subsequent flights in your booking will be cancelled. In practice, this means that if you are flying Moscow - Riga - Rome and back and are late for the Riga - Rome flight, your return ticket will be completely burned out.
If you want to return a return ticket, the refund amount will be less than half the ticket price. The airline will recalculate the ticket you used there at a higher fare, and may also deduct service fees.
5) If you are not satisfied with the return decision,
for example, the airline does not want to refund taxes and fees on non-refundable tickets, first re-read the fare rules and make sure that your claims are fair. For example, Aeroflot, on non-refundable fares, is required to return only airport and government taxes and fees, while keeping fuel surcharges and booking fees for itself.
If you are sure that you are right, explain your position again politely and in detail and, if necessary, attach supporting documents, the exact list of which is best found out in the support service. If they ignore you or respond with excuses, do not give up and continue the correspondence. With Russian airlines, you can refer to Article 108 of the Air Code of the Russian Federation if you are returning tickets at your own request, or to paragraph 227 of the Federal Aviation Regulations if you are filing an involuntary refusal.
As a last resort, you can send a complaint to the Federal Air Transport Agency (Rosaviation) or go to court. If you are claiming a refund or compensation due to force majeure on a European airline, EC Regulation No. 261/2004 will help you assert your rights. But most often, airlines pay everything you are owed, without reference to laws or threats of going to court. Formulate your requirements correctly and they will reciprocate.
6) Wait for the money to be returned
: This can take from one day to several months. The money will be sent to the bank card you used to pay for the tickets. If you bought tickets in cash at the box office or at the terminal, you will receive your hard-earned money on the card, the details of which you indicate in the application, or in cash.
Useful on the topic: What you can count on if your flight is canceled or delayed. How to get compensation if you are denied
Application Form
Before handing over tickets to the theater box office, you must write an application. The application is drawn up in any form, but must contain the following information:
- to whom the document is addressed: position, surname and initials of the theater director, or simply the theater administration;
- last name, first name and patronymic of the applicant;
- passport details of the citizen;
- a request to return money for an unused ticket, you can indicate the reason for its return, but this is not necessary;
- ticket details (number and series);
- indication of the payment amount;
- contacts where you can contact the applicant;
- personal signature with transcript;
- date of application.
What to do in case of refusal?
The purchase of tickets is an agreement between the viewer and the organizers of the event . The terms of this transaction (including information about the possible return of the ticket) must be reflected both on the ticket itself and on the theater’s Internet portal or in a special brochure provided by the cashier.
For example, on the official website of the Mikhailovsky Theater it is clearly stated that refunds or exchanges of tickets are not possible in any form. This rule also applies to the Bolshoi Theater.
When making a purchase, both the seller and the consumer agree to all the clauses of the contract and cannot violate them. It follows from this that the obstacle to refunding money for an unused ticket is a strict violation of Russian legislation.
What to do if this or that organization persistently refuses to accept the ticket back to the ticket office?
To resolve the situation, the buyer needs to write a statement either to the Consumer Protection Society or to Rospotrebnadzor. You can also make a corresponding entry in the Book of Complaints - it should be issued upon the client’s first request.
Since a witness will be needed to confirm the fact of contacting the theater administration, it is better to come to the box office with a relative or friend.
Consideration of the complaint takes about 2 weeks . If the documents are drawn up correctly, and the fact of refusal to provide funds is fully confirmed, the buyer can count on 100% compensation for damages. If the application was ignored, you need to go to court.
