Returning tickets to a concert, theater, cinema: how to do this legally?

Possible reasons for return

The reason determines how long before the event a ticket can be returned, as well as the amount that will be returned to the unsuccessful viewer. If a ticket holder refuses to attend a cultural event due to his illness or death of a family member or close relative, he can return all the money, and a refund application can be written even on the day of the event (the first event that can be attended with a subscription, if it is about this type of ticket), but not later.

There may be other reasons, including simply “reluctance” to go, but in this case you will have to worry about returning tickets in advance.

Cancellation of concerts due to coronavirus and actions of the organizers

The technology for spectators to refuse tickets was developed by organizers or agents (distributors) long before problems arose with the spread of COVID-19. The law gives such a right and largely explains the technology of the process.

However, the emergency situation with the cancellation of concerts, the ban on any public events, and simply the reluctance of spectators to expose themselves to danger, led to a massive refusal of tickets. Among other things, the organizers have to bear colossal losses, because... in many cases they have already spent on:

• site rental;
• equipment rental;
• payments to artists;
• advertising campaign.

At the same time, refunds to customers are possible in almost any situation, and the difficult financial situation of the organizers should not violate consumer rights.

An alternative to a refund for concert tickets is to reschedule the event. The viewer has the right to agree to change the date of the concert, but is not obliged to do so.

Often transfers are carried out for an indefinite time or a date is set that is very distant from the current one. There are examples (see below) when a concert from the summer of 2021 was postponed to the summer of 2021. But, we repeat, the organizer has the right to propose a change in the date of the concert, but the client is not obliged to agree to such changes.

As legal grounds for refund, we will resort to the following standards:

• Article 423 of the Civil Code of the Russian Federation, which establishes that a ticket is a paid contract;
• Article 781 of the Civil Code of the Russian Federation, which allows for the return of funds for an unfulfilled contract;
• Article 451 of the Civil Code of the Russian Federation, which contains the conditions for termination of the contract that interest us;
• as well as the provisions of Article 52.1 “Fundamentals of the Legislation of the Russian Federation on Culture” - a specialized document that more precisely regulates the particular sphere of relations under consideration.

We will return to them in more detail later.

If the event is postponed

During the pandemic, the problem of postponing or canceling an event has risen to the fore. And you need to keep in mind that in this case there are serious nuances of exchanging tickets or getting a refund.

A special Decree was issued that regulates the actions of organizations and spectators.

What changes have been made?

1. If the event is canceled or postponed, the organizer must, within 14 days after the lifting of the high alert regime or others specified in the Resolution, post this information on its official website on the Internet.

2. If an event is cancelled, the organizer may invite spectators to attend the same or any other event after the cancellation of special regimes. If the client is not interested, he has the right to return the full cost of the ticket. If the event is postponed, the organizer has the right to offer to attend the rescheduled entertainment event using a previously purchased ticket or exchange this ticket for a voucher that gives the right to receive tickets to the rescheduled event.

3. The organizer must hold the rescheduled event no later than 18 months after the cancellation of the special regime. Exchange of vouchers for tickets must start no later than 30 days before the new date.

4. Is it still possible to get a refund if the event is rescheduled? This possibility remains if the organizer has not set a new date for the event within 6 months or there is no information about the postponement on the website (it is considered cancelled). In this case, the money for the ticket must be returned on the day of application.

5. You can apply for a refund:

- no later than 6 months from the date of cancellation of the high alert regime, if the event was cancelled;

- no later than 9 months if it was postponed, but was not reported about it on time.

6. The maximum refund period is 180 days.

If the event is not rescheduled: how many days in advance can the ticket be returned and how much will be refunded?

If the reason is illness or death of a family member, you can return the ticket even on the day of the event. The money must be returned within 10 days (if necessary, the review period can be extended to 20 days).

If the reason is different, then the sooner the buyer takes care of the return, the greater the amount he will be able to return (Law of the Russian Federation “Fundamentals of the legislation of the Russian Federation on culture”):

• Cancellation of a visit 10 days or earlier - 100% of the money spent will be returned
• Cancellation of a visit at least 5 days in advance - 50% of the money spent will be returned
• Cancellation of the visit no later than 3 days in advance - 30% of the money spent will be returned.

Ticket refund conditions

Can I return my concert ticket? A citizen has the right to expect to receive the funds spent subject to the following conditions:

• the high alert regime in a particular region has been lifted;
• the concert is officially canceled, or the organizer did not announce a specific date within the established period;
• the buyer made a corresponding request to the organizer/intermediary within 6 months (or 9 months if the event was postponed but a new date was not set).

As you can see, funds are not automatically returned to the buyer. In the absence of a corresponding application, the organizer will not transfer money of his own free will.

Procedure and required documents

To return a ticket to a cultural event, you must submit an application within the established time frame. If the reason for the refusal is the illness of the failed spectator, then it will also be necessary to present sick leave and other documents that confirm health problems. If this is not possible on the day of submitting the application (for example, the person is still sick and does not have sick leave yet), this can be done within 14 days after.

In cases that do not provide special benefits to the viewer, there is no need to provide additional documents; the main thing is to comply with the return deadlines.

Which concerts will be canceled or postponed in Russia?

It is impossible to list all the canceled concert events, and such a goal is not worth it. But to understand the situation, here are a few that are most expected by certain categories of viewers, pointing out different directions:

Of course, this is just the tip of the iceberg of canceled events, but even they give an idea that everything is canceled everywhere, regardless of genres, movements, countries of origin of artists, etc.

How to return tickets purchased online

The Decree states that the specifics for returning tickets purchased online (including the conditions for submitting an application electronically) “may be determined in accordance with the performing arts organization’s or museum’s own refund procedures, taking into account the technical capabilities of the performing arts organization or museum.” Therefore, it is advisable to find out in advance about possible nuances that are typical for the organization from which you are buying a ticket. If there are no specific rules, then the same conditions that we described above apply.

Can I return cinema tickets?

The law allows for the return of movie tickets. There is no time limit set. You can return movie tickets even a few hours before the start of the show. Refusal to provide funds will be unlawful. Refunds are made based on the application. Together with the completed document, you need to contact the organization’s cash desk. You must have with you:

• passport;
• ticket;
• a receipt confirming the fact of purchase (if the ticket is not a receipt).

IMPORTANT
The application is written to the administration of the cinema hall. You must contact the same box office where the ticket was purchased.

What to do if you receive a refusal

First, you should contact the administration with a complaint, which will outline the reasons for your inability to attend the events and the actions taken to return the ticket. The claim is drawn up in two copies, one remains with the person who bought the ticket; it must be signed and stamped, which will confirm that the document has been accepted for processing.

If after this you are refused a refund, contact Rospotrebnadzor with a request to conduct an inspection. After or in parallel with this, you can go to court. To maximize your chances of winning, collect the necessary documents and evidence that will confirm your right to receive money back.

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Buyer's rights

The rights of the buyer are regulated by the Law on Protection of Consumer Rights, Article 25. The consumer has the right to exchange or return a movie ticket that is not suitable for any reason. In this case, the seller is obliged to return the money paid. The law allows for the deduction of expenses that were associated with printing a ticket, booking a seat and other features that the organizer was forced to deal with.

For your information

The law gives buyers the right to receive services in proper quality. Theoretically, if a person does not like the film, he can demand a refund for the ticket. However, in reality, the implementation of the right is difficult to implement. In most situations, the request to return movie tickets after the show will be refused. The issue will have to be resolved through the courts. He will assess the completeness and quality of the service provided.

You will be able to get your money back if the film was shown in another language or was delayed even by a few minutes. A similar rule applies if a movie ticket was sold to a person who does not meet the established age limit for a particular film.

Bought through an agent

Tickets for an entertainment show usually have a high price, and it is imprudent on the part of the viewer to choose the method of acquiring them through an agent.

What is this method?

An agent is considered a third-party organization that has no official relationship with the representatives of the speakers, purchasing entry permits through its connections and channels for a certain amount and subsequently selling tickets for a higher price.
The resulting difference in cost is the organization's interest.

The scheme for purchasing blank tickets is as follows:

• visiting the agent’s website, leaving an application electronically or by phone;
• unconditional agreement with the offer;
• payment for the service in full;
• receiving tickets.

The popular agent "ConcertCity" on its website reports on the terms of the agreement between the parties:

1. Refunds are made only if the event is cancelled.
2. Refunds are made by the organizer of the performance on his terms.
3. Agent and agent fees are non-refundable.

As is clear from the above, the position of the client and the agent is very different. Whether there is a need to accept such conditions or not is up to the client to decide. However, reimbursement of expenses in this case is delayed.

However, with the right approach, it is possible to return the money spent. The procedure for compensation when a concert is canceled consists of a standard contact with the administrator. If plans have changed and it is not possible to go, then in court it is necessary to prove the infringement of interests by the offer agreement and the presence of unfair clauses in it.

Is it possible to submit tickets before or after the session?

According to the Law, you can return your ticket before the start of the show without explaining the reason. There are situations in which the cinema itself is obliged to offer the full cost of the ticket before the start of the screening:

• session cancellation;
• replacement of the film announced in the movie poster.

Refund or exchange of a ticket after the end of the session is possible in the following cases:

• poor quality of demonstration;
• incorrect information about the film was provided on public websites (for example, Kinopoisk);
• lack of any important information (age restrictions or a ban on the film for people with unstable psyches).

Even if there is one minute left before the end credits and the fire alarm goes off, the film organization is obliged to refund or offer another free ticket to watch the same film.

It must be remembered that a citizen has the right to both a refund and a replacement ticket for another film or for the same one, but on any convenient date.

Step by step instructions

To make a ticket refund you need to proceed in the following sequence:

1. Go to the cinema box office with your passport, check, ticket (if it is not a check).
2. Fill out an application, a sample of which is available on the cinema website or at the cashier.
3. We submit the application to the administration of the establishment.
4. We are waiting for a positive result.

You need to contact the same cash desk where the purchase was made.

Refund

In most cases this is enough. Funds are usually returned immediately or within a couple of days at most. Refunds are made in person or to a bank card, at the client’s request.

The cinema refuses to return the money

If you can’t turn in an unnecessary counterfoil, and the application written to the administrator has no effect, you will have to contact higher authorities.

In the case of an entertainment establishment such as Kinomax or other cinemas, you must go to Rospotrebnadzor or the Consumer Protection Society.

Employees of the government agency will help draw up a statement of claim, which will be sent to the court.

In this case, the administration of the establishment will back down and easily reimburse the costs.

When does a cinema have the right to refuse?

By buying a cinema ticket, a person actually becomes a party to the contract. You can view it on the organization’s website or at the company’s cash desk. To do this, you need to contact the cashier and ask to present the document. In addition to basic information, it will contain information about ticket refunds. An organization cannot refuse to provide funds. However, the company often limits the time before which the operation can be completed. If a person applies later, it will not be possible to receive cash for movie tickets.

Additional Information

The answer will also be negative if a person wants to perform the procedure after the session. You can only get your money back through the courts. The person has to prove that the service was provided poorly. The outcome of the proceedings depends on the individual characteristics of the current situation.

Detailed instructions for exchanging tickets for money

Try to resolve the issue peacefully. Returns of cinema tickets are not uncommon and box office employees often accommodate the consumer halfway. If this is not your case, follow the following scheme:

1. Submit an application addressed to the administrator of the institution.
2. Register the document in the administrative building. Make sure that in addition to the date, your copy contains the exact time - this is an important point if you hand in the spines on the day of the session.
3. Cinema representatives refuse to accept your application? Invite a witness who will confirm your words in further proceedings.
4. At the same time, you can contact representatives of Rospotrebnadzor by phone. Such actions guarantee a positive result and a quick refund.
5. If the above actions do not help, your path will lie in Rospotrebnadzor or the court. You can start the fight for the truth by writing in the book of reviews and suggestions.

Cinema administration's complaint

If the cinema refuses to return the money, the consumer has the right to file a claim. It is issued to the administration of the organization. There is no specially established form of the document. However, the paper must contain mandatory information.

Claim to a judicial authority

If the law does not impose any requirements for drawing up a complaint, then there are such requirements for the form and content of the statement of claim. They are provided for in Articles 131-132 of the Civil Procedure Code, as well as the norms of the Federal Law on the Protection of Consumer Rights.

If the stipulated requirements are not met when writing a claim, the court will leave it without movement, so if there are difficulties in drawing up such a document, it is better to seek help from a lawyer.

The statement of claim must contain the following information:

• the full name of the court, indicating the locality, street name and number of the building where the court is located;
• last name, first name, patronymic of the plaintiff, address of his place of residence, means of communication with him in the form of a telephone number, email address;
• full name of the defendant indicating the organizational and legal form of ownership, legal address;
• if the defendant is an individual entrepreneur, his last name, first name, patronymic, individual tax number, address of the place of registration, address of the place of business activity are indicated;
• the price of the claims, expressed in national currency;
• name of the document: “Statement of Claim”;
• when, where, for which session the ticket was purchased;
• the name of the cinema and the film that was shown;
• how much money was paid for the ticket;
• reasons for returning a ticket;
• when, at what time and to whom was the appeal regarding the return of the ticket and the receipt of the money paid for it back;
• what was the reaction of the cinema administration;
• what consumer rights were violated;
• what measures were taken to resolve the dispute out of court;
• legal grounds for going to court;
• the essence of the claims;
• list of attached evidence;
• date, month, year of filing the claim, signature, surname and initials of the applicant.

The statement of claim is drawn up in several copies. One - to the court, the second - to the defendant, the third - to the representative of Rospotrebnadzor, who is involved in the case as a third party on the plaintiff’s side.

The following should be included as attachments to the claim:

• a copy of the claim;
• response from the cinema administration;
• a copy of the ticket;
• a copy of the plaintiff's passport;
• other documents, for example, correspondence with the administration, Rospotrbnadzor.

It should be borne in mind that depending on how the defendant behaved in the pre-trial period, the consumer has the right to demand additional penalties:

• monetary compensation for moral damage caused;
• collection of a fine for failure to comply with the legal requirements set out in the pre-trial claim.

The statement of claim must be submitted to the court that is competent to hear the case. So, if the price of the claim does not exceed 50 thousand rubles, the case will be considered in the magistrate’s court. If it exceeds - in the district or city.

In addition, the plaintiff has the opportunity to choose a court by territoriality:

• at the legal address of the defendant or the location of the cinema;
• at your place of residence or temporary location.

The state fee in cases of consumer rights protection is not paid if the value of the claim does not exceed one million rubles.

Look at the completed sample claim to court for the return of movie tickets:

Watch the video. How to file a claim in court electronically:

Federal number for other regions of Russia

If your question is lengthy and it is better to ask it in writing, then at the end of the article there is a special form where you can write it and we will forward your question to a lawyer specializing specifically in your problem. Write! We will help solve your legal problem.

Complaint to Rospotrebnadzor

The legislator does not impose any requirements for its preparation for a document such as a complaint.

Important! However, practice has developed its own approaches to writing:

• the document is written on a sheet of A4 paper by hand or in typewritten text, in two copies;
• In the upper right corner the full name of the territorial division of Rospotrebnadzor, its address, including the name of the locality, street name, and building numbers are indicated;
• if the name of the manager is known, it should also be indicated;
• last name, first name, patronymic of the service consumer, address of his place of residence, methods of contacting him, including landline or mobile phone number, email address;
• in the center of the sheet the name of the document is written: “Complaint”;
• a new line describes the problem that arose, that is, when, where, for which session, at what price the ticket was purchased;
• the reason why it was necessary to return the ticket;
• date and time of filing an application with the cinema administration with a request to return the money for the refunded ticket;
• actions of the administration;
• legal grounds for applying to Rospotrebnadzor, the relevant article of the Law on the Protection of Consumer Rights is indicated;
• what is the essence of the request;
• list of attached documents;
• day, month, year of filing the complaint, signature, surname and initials of the applicant.

You should know that when writing a complaint, you should adhere to the business style of writing the document. The events that took place should be presented in chronological order. There is no need to clutter the document with detailed information. There should be no obscene words or insults.

The law provides a 30-day period for consideration of a complaint. If additional time is required, the applicant must be notified in writing.

If the response measures taken by Rospotrebnadzor do not satisfy the applicant, the only option left is to file a claim in court.

Look at the completed sample complaint to Rospotrebnadzor for the return of movie tickets: