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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10090
Experience:  30 years as a practising solicitor.
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Hi I purchased 2 tickets for a show at the Edinburgh fringe

Customer Question

Hi I purchased 2 tickets for a show at the Edinburgh fringe online yesterday. When I went to pick up the tickets at lunchtime today, the automatic machine printed out 4 tickets and it was clear the purchase had been processed twice - because on my first attempt the sales process froze. I was refused a refund by box office staff about 13 hours after the purchase and 7 hours before the performance. Are there statutory rights for purchases made in error over the Internet - I'm assuming scots law would be applicable in this instance. I look forward tomhearingfrom you. Duncan XXXXXX

Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

The general law of contract applies here not any particular statute and the distance slling regulations dont apply.

You offered to buy two tickets and they sold you four. It must be clear that you ordered twice because of a manifest failure in their systems otherwise you would have ordered four tickets at once. The seller is in breach of contract and as such is liable in damages, the damages being the cost of the unwanted tickets.

Happy to discuss further.

Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.
Hi thanks for this - however they claim they have checked their systems and that there was no fault on their web site or any of their equipment at time of purchase and that the fault must have been with my broadband link or computer - it is possible that the link went down and this may have caused the freeze during the paying process.
I didn't receive an email confirmation because of a typo on my email address. However the two bookings show up as being made within 4 minutes of each other which certainly gives a strong indication of an error or malfunction.
Does that change the legal position?
Expert:  JGM replied 3 years ago.
No, not really. I submit that it would be impossible to work out whether the technical error was at your side or their side. Either way the system froze somewhere along the line, you assumed that meant your order had not been processed when in fact it had and the result was that you ended up with two orders.

You have had a refund. My original answer remains unchanged.

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