December 8, 2021

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Other than Covid, places are being sold out of bounds. Here’s how to get compensation

Attorney Emmanuela Bertucci, thousands of tickets sold out even a year ago and were canceled less than 48 hours before the start of a world event like the ATP Tennis Final. How is that possible?

“It’s called an interest-free loan, the organizers have sold thousands of tickets more than the capacity currently allowed by law. Taking into account the server, the cheapest ticket costs 60 euros, and canceled tickets are at least 15,000: so the organizers illegally withheld 900,000 euros they must return , but in the meantime they have in their pockets, among other things, by informing that the recoveries will take place – at their convenience – starting on December 1 according to the mysterious “administrative timing”.

The Italian Tennis Federation and Nitto ATP claim that the capacity of the Pala Alpitour was reduced to 60% just yesterday. But the CTS (Scientific Technical Committee) is not the government. The government, by decree issued last October 7, has established that the capacity of Palazzetti is 60%. Are we facing an unauthorized overbooking?

“It is not. The capacity of the gyms, as of the end of the summer, was 35%. Then it rose to 60% on October 7, 2021 and since then there has been no legislative change. It is not. It is true that it has been ‘reduced’. Instead , the Italian Tennis Federation and Nitto ATP were hoping for an exemption that didn’t arrive, which is quite different, and they sold tickets for seats that, at the time of sale, were unusable. It’s not about overbooking it’s about selling something you don’t own, which is different. Exactly: as if I were selling the Trevi Fountain in the hope that by the time I had to hand it over, it would be my own…”

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The social revolution is underway, it’s even a flood river: hundreds of people bought coupons several months ago, when capacity was 35%. How can it be cut now that the capacity is 60%?

“This was not a last minute mistake, says the organizing company first and foremost, which wrote in the e-mail accompanying the ticket:”If, for a particular session and/or sector of the plant, admission to the plant is allowed to a lesser degree than the admission tickets sold, the surplus of the latter will be cancelled, in chronological order. starting from the last one), and will be subject to updating in the forms permitted by applicable regulations in this matterThe organizers themselves admit the sale of tickets in excess of available seats and a similar clause, if mentioned in the purchase contract (certainly not in an email after the time of payment), would certainly be annoying, because it results in a clear imbalance to the detriment of the consumer, who pays for something What without knowing if he can get it, leaving the final decision to the organizer.Among other things, the sign I reported clearly indicates that in the event of tickets being canceled, the chronological order of sale will be respected.Instead, we have news of tickets being canceled that It was purchased in July 2021. So the organizers canceled all tickets that were later sold out?”

What should these consumers do to protect their legitimate interests? Hotel rooms, planes and trains are no longer refundable or voidable if official notification of inadmissibility of vouchers arrives less than 48 hours before the event begins…

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“My advice is to keep trying to cancel and claim refunds for hotel rooms, trains, planes and the like, and keep a written record to document later that you did your best to limit the damage.

On the other hand, regulators still have a few hours to try and limit the damage they’ve done themselves, at least by restoring the reverse history of cancellations. That is, by canceling the most recent tickets issued and confirming the first tickets purchased.”

Whoever is not satisfied with the refund of the ticket promised only by the organizers, can he hope for compensation for the expenses incurred in accordance with the approved purchase of the ticket for the ATP Finals in Turin?

First of all, let’s make one thing clear: consumers will have to get a refund in cash, not in the form of vouchers.Because it’s not a canceled event or show due to Covid. Secondly, consumers are entitled to compensation now, and not from December 1, according to the wishes of the regulators. Third, I suggest to consumers who canceled their tickets Immediately send chest Or a registered letter with acknowledgment of receipt requesting immediate refund of the amount and compensation for damages incurred by them due to gross breach of contract, which are immediately specified in the amounts spent on organizing the trip (trains, planes, hotels, etc.).

We as Aduc – APS Consumers and Users Association – file a complaint with Antitrust for improper business practice, demand the urgent intervention of the Authority and ask the founders to do the same on the Antitrust website (https://www.agcm.it/signal-online/how -to-report) so that the authority realizes the numerical and economic importance of the issue. It is also necessary to check whether there are any aspects of criminal relevance that should be reported to the Turin Public Prosecutor’s Office.”

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Last update: Saturday, November 13, 2021 at 19:29

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