Yes, California Law Requires Refunds for Canceled, Postponed, or Rescheduled Events.
Introduction
This post is inspired by a recent incident involving a transaction dispute with ShowClix concerning a refund for a rescheduled event. I purchased a ticket to see a musical event in Hillcrest. The venue notified me on the day of the event that the show was moved due to COVID-19 travel restrictions. I promptly requested a refund from ShowClix. Within two weeks, I did not hear back and I submitted a chargeback claim with my credit card company. ShowClix asked me to cancel my dispute and responded that tickets are “non-refundable” per their Terms of Service.
Who is a “Ticket Seller?”
There is a section of the California Business and Professions Code reserved for “Ticket Sellers.” To determine whether or not the law applies in your particular transaction, it is first important to decipher the statutory definition of “Ticket Sellers.”
Definition of Ticket Seller
A ticket seller is any person (e.g., natural person, corporation, llc) who for compensation, commission, or otherwise sells admission tickets to sporting, musical, theatre, or any other entertainment event. (Business and Professions Code, section 22503.) The definition of a ticket seller excludes the following:
Primary contractor (person responsible for event for which tickets are sold).
Seller of tickets for the primary contractor operating under a written agreement. While this second exception is a bit confusing, I believe the law is exempting event promoters.
Agent of air, ocean, or motor coach carrier who sells tickets as a “tour package.” Think about a ticket seller promoting a travel package to Tomorrowland or a Disney Cruise.
Someone who sells six tickets or less to any single event (for example, John Doe who buys a couple of tickets and later decides to resell them).
When Does the Law Require a Refund?
If you determine that you purchased a ticket from a “Ticket Seller” as defined above and you request a refund, you are entitled to a full refund if the event is (1) canceled, (2) postponed, or (3) rescheduled. (Business and Professions Code, Section 22507.)
What if the Terms of Service Conflict with the Law?
Generally, if a contractual provision conflicts with state law, it is unenforceable. If you feel a ticket seller violated state law, please contact our office.
Sample Email to Ticket Seller
Dear [Ticket Seller]:
I purchased a ticket from you [Stubhub, ShowClix, TicketMaster] to attend [insert event]. I received a notification that the event was [canceled, postponed, rescheduled]. I am requesting a full refund for the event. A full refund is required under California state law. Please see California Business and Professions Code, section 22507.
Thank you,