Stop Ticket Scalping in Australia

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Help STSA

Stop Ticket Scalping Australia is asking the following questions.

1.  Interpret the new Australian Consumer Law, which came into effect in 2011, with respect to ticket scalping.  Please see THIS post for information.

STSA wants to know what “Title” is and if the condition imposed upon purchasing a Ticket, not to onsell the Ticket for a profit, means limited Title to that Ticket is given to the ticket purchaser, and if so, how is this relevant to ticket scalping?

2. Interpret other applicable laws to this campaign.

Please leave a Reply below Or use the Contact Form to comment (comments are moderated)   to help.

 Questions

1.  Do tickets need to have the terms & conditions printed on the back of them, for the terms & conditions to apply?   Deborah Healey says tickets are a contract and as long as a condition has been incorporated effectively into the contract at law, then the condition applies.   See this post   here    for information.

2. Does the ACL prevent ticket scalping?    See this post  here   for information, especially Clause 151(m).   See  THE  unhelpful response from the Australian Competition and Consumer Commission also, on Consumer Guarantees relating possibly to tickets.

If Ticket Scalpers are breaching this clause by misleading a seller into thinking the Scalper has the right to sell the Ticket at an exorbitant price, can the Ticket Scalper be prosecuted, even without a Seat number?

Why is a Seat number truly needed, because can’t the police obtain identifying information about the Ticket Seller, and lawfully confiscate the Ticket being scalped?

3. Ticketek states on its website:  “If you can’t attend an event for legitimate reasons and want to sell your ticket via an online auction site, Ticketek will not object to your sale as long as the selling price is no more than the face value of the ticket. For example, you can use eBay’s Buy Now function as long as the ticket price is set at face value or below.”

Does this mean eBay and other Online Auction sellers can technically only list tickets as Buy-it Now, and NOT use “Make Offer” which could mean that a rich person makes an offer way above the face value of the ticket?

4.  Does Ticketek’s condition that tickets not be onsold above their face (original) value mean that the “condition has been incorporated effectively into the contract at law”  ( see  this  post here )?  If so, then isn’t a scalper breaking the “contract at law”  by breaching the condition not to onsell the ticket for a profit?

Are they then breaking the law and committing an offence?

5.  If Ticket Scalpers are breaching Clause 151(m) of the ACL, or breaching the “contract at law” provision, then who is responsible for enforcing compliance with the Law?

 

NO SPAMMERS OR ABUSIVE COMMENTS

AA No abusive comments

 

One comment on “Help STSA

  1. Michelle D
    26/10/2012

    Scalping Against Policy Links:
    • Illegal in QLD: http://www.stadiums.qld.gov.au/Policies/Ticket-Scalping.aspx
    • eBay Policy #1: http://pages.ebay.com.au/help/policies/contracts.html
    • eBay Policy #2: http://pages.ebay.com.au/help/policies/event-tickets.html
    • Ticketek Terms Of Sale: http://premier.ticketek.com.au/Content/buyers/termsofsale.aspx > Points 7 & 8
    • Ticketek FAQs: http://premier.ticketek.com.au/Content/Help/faqs.aspx#faq13 > ‘Online Auction Sites & Scalping – The can and cannot do’s with Ticketek tickets’ > ‘What does Ticketek do to prevent scalping?’
    • TicketMaster Purchase Policy: http://www.ticketmaster.com.au/h/purchase.html > ‘Unlawful Re-Sale of Tickets; Commercial Purposes’
    • TicketMaster Terms of Use: http://www.ticketmaster.com.au/h/terms.html > ‘Unauthorised Use of the Site’
    • Live Performance Australia Codes & Guidelines: http://www.liveperformance.com.au/default.aspx?s=codes_guidelines > Ticketing Code of Practice – Consumer Version – 1 Feb 2012 > Points 8 & 10.

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