What if the ticket sellers deny liabilty?
Ticketek, the biggest ticketing agency in New Zealand, says it simply enables the consumer to make a contract with the promoter. In other words, unless it is negligent, or promises something different from the promoter, it would not have to refund or compensate you.
We disagree. We believe ticketing agents have specific duties in law which are separate from those of the promoter.
In our view, they must use reasonable care and skill in selecting and allocating seats, and should advise consumers of any limitations on what they will be able to see and hear from those seats.
We expect ticketing agents to be confident through their own assessment (where practicable) that consumers will be able to see and hear the show, and not just take the promoter's word for it. They should check that the more expensive seats are indeed better than cheaper ones.
Our comments do not apply to a travel agent who might obtain tickets from a ticketing agent on your behalf. Travel agents in this position are acting as your agent and, in our view, would not be liable for a failure on the part of a promoter or ticketing agent
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