Stop Ticket Scalping in Australia

Go in the Poll to say how much you would pay for a Ticket – click on "Worldwide Polls" on the left. Report ticket scalping yourself.

eBay’s Response

Event Tickets   

http://pages.ebay.com.au/help/policies/event-tickets.html

At the time of posting this, here are eBay Australia’s Guidelines on selling tickets

Generally, eBay permits the resale of tickets. However, the resale of tickets to events (including sporting contests, music concerts and plays) and airline tickets can often be regulated by the ticket issuer. As a ticket seller, you are responsible for ensuring that your particular transaction does not violate any applicable law or the terms of the ticket itself. Therefore, prior to buying or selling these types of items members should contact the ticket issuer and ensure the resale is permitted.

Declared Events

The Victorian Minister for Sport and Recreation has declared some events as “declared events” under the Sports Event Ticketing (Fair Access) Act 2002 (Vic). Examples of declared events include the Australian Football League Grand Final and the 2007 World Swimming Championships. This legislation deems the conditions on tickets to such events as valid and enforceable. Those conditions include the requirement that these tickets must not be re-sold above their face value.

Tickets for declared events must be listed at the face value of the tickets or below, using the “Buy it Now” function.

Tickets to Free Events

Members are not permitted to sell tickets to events where all tickets are free to the public.

To enable eBay to enforce this free tickets policy, event organisers for events where all tickets are free to the public must apply to eBay at least one month in advance of the tickets being made publicly available.

An application form can be obtained by contacting us.

WARNING TO TICKET SELLERS OF TICKETS FOR EVENTS IN QUEENSLAND

Queensland legislation makes it unlawful for a seller to sell or offer for sale tickets to some events held in Queensland at a price greater than 10% above the original ticket price for the ticket.

If you are selling a ticket to a national or international sport, recreational or entertainment event, or special event that is staged at a facility that the Queensland Government has declared to be a major sports facility, you must not, within or outside Queensland, resell (this includes offer for sale) the ticket at a price greater than 10% above the original price of the ticket. For more information, please see Part 4A of the Major Sports Facilities Act 2001.

The Queensland Government has declared each of the following to be a major sports facility: Brisbane Cricket Ground, Brisbane Entertainment Centre, Queen Elizabeth II Complex, Sleeman Sports Centre, Suncorp Stadium and Willows Sports Complex (see the Major Sports Facilities Regulation 2002).

If you are selling a ticket that is subject to the above law, you may wish to consider listing the ticket using the “Buy It Now” format and set a price that is not greater than 10% above the original price of the ticket. However, please also read eBay’s warning below about terms and conditions that the organiser of an event and/or the original ticketing agent may have specified on a ticket before you decide whether it is lawful for you to do this.

If you have any questions regarding your rights to sell a ticket, we strongly recommend that you contact the company that issued the ticket and/or consult with a lawyer.

eBay has provided the above information to assist you in trading lawfully on eBay. eBay is not in any position to assess a particular ticket’s original price and whether it is subject to the above law and/or to terms and conditions that makes its sale unlawful. You are responsible for ensuring that your transaction is lawful.

eBay does not condone the use of its website by persons breaching the law or contractual conditions imposed by others. eBay urges that you not list any items until you are confident you can legally sell it on eBay.”

For further information please go to www.stadiums.qld.gov.au.

As a result of   Stop Ticket Scalping Australia (STSA)   discovering tickets to David Attenborough’s shows around Australia were being sold at Buy-it Now prices on eBay Australia for way above the top ticket price (i.e. for the premium Class A tickets),   STSA  contacted eBay by their online forms (which wasn’t easy to do).   Various representatives replied, including one whom said that the situation was being investigated, but the results would not be advised.

Some days later, STSA visited eBay to search for DA tickets, to find that eBay had taken some action.  All the sellers of the DA tickets had re-listed their tickets with 2 purchase options, being “Make Offer” and “Buy-it Now.”    This means that would-be purchasers could offer a purchase price below the actual authorised ticket price, not that the ticket scalper would accept such, especially with their Buy-it Now prices being above the original purchase prices of the tickets.

However, if someone was desperate enough to go to the David Attenborough talk, and had the cash, then he/she of course could click on the “Buy-it Now” button and buy the ticket at the inflated price asked for by the scalper.   This mechanism, to dissuade the ticket scalper, relies on potential buyers of the tickets NOT making an offer above the actual purchase price, AND not using Buy-It Now to buy a ticket for the inflated price.

One could say that as the time for the event approaches if an offer had not yet been made to the scalper for the asking price, that he/she might then accept an offer at the ticket’s actual original purchase price.    If not, and if nobody bought the ticket, well then of course the scalper would not make a sale – hence he/she runs a risk of not selling the ticket for their inflated price.   STSA has not conducted an investigation (yet) on how many tickets (for the DA talks)  WERE  sold at the scalpers’ inflated Buy-it Now prices.

But the principle at stake is that at least some tickets were bought to be sold at inflated prices, and that means that someone else was denied purchasing such tickets at their original purchase prices.   Queensland allows tickets to major sporting facilities to only be re-sold at up to 110% of their original prices, the 10% margin intended to cover costs associated with advertising and posting or transferring the tickets.

Having a Make Offer option but listing the ticket at an inflated Buy-it Now price above the purchase price doesn’t mean much.   To find out how to report eBay listings in contravention of the Legislation and in breach of the contract law, i.e. the term or condition of the Ticket that the ticket must not be onsold for a profit, click  HERE.

An Australia wide law could make it compulsory for re-sellers to offer tickets only up to 110% of the original purchase prices.   This means ticket re-sellers could onsell tickets on online auctions only by using Buy-it Now and offering tickets at 110% of the actual purchase prices.

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This entry was posted on 28/07/2012 by in Online Auctions and tagged , , , .

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