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Everything posted by bluenova

  1. I wouldn't write it off yet. They did an interview about refunds where they just said they'd need time - It may be case that they set up next year so that people will rebook, and then can give out refunds later to those who need them? Also, if you paid by credit card, then there's a possible claim under UK law.
  2. I wouldn't make a definite legal statement as to whether this is challengable, but Festicket say that it depends on the festival. They do some packages with hotels etc., which are likely different, but for a simple festival ticket they say they're just selling tickets for a processing fee. https://support.festicket.com/hc/en-us/articles/360007028357-Questions-about-your-refund
  3. I'd be surprised if they could give you vouchers for festicket or ticketmaster, as surely that would be pretty much the same as the festival giving a refund?
  4. Their "state of emergency" gives protection to big events so they don't have to give refunds while it continues. However, the government don't appear to have ruled out large events in the summer yet, so this "extra protection" seems to have put Primavera and Mad Cool in a sort of stasis. Someone linked to an interview with the Mad Cool organiser who wanted confirmation that things are cancelled, and some leaway on refunds, so they don't have to give back money straight away.
  5. https://www.elconfidencial.com/cultura/2020-05-01/festivales-musica-coronavirus-devolucion-entradas_2573615/ "If I have to return the tickets the day after tomorrow, in 15 days and to the whole world, we can't. We don't have that money right now . They have to give us a margin, as they do in other countries. Or they leave it to us return in a longer period of time than they are proposing right now, for the next year, to the next edition of music festivals , or many festivals will not last long because they will fall into bankruptcy. And if they fall into bankruptcy, they don't return anything " (Javier Arnáiz, director of Mad Cool ). Also mentions that the Spanish government are expected to announce something about cultural events on the 5th May - which may clarify a few things (But it wouldn't surprise me if it didn't!).
  6. I believe the Spanish Government introduced specific rules for events + refunds as part of their State of Emergency legislation - which gives the events protection while the Emergency is still on. I'm not sure of the detail as I've only see reports/translations but it looks like they don't have to consider refunds till it's over - although one poster did link to legislation suggesting they would have to then give out refunds if requested. In the UK, while events were banned, I've not seen any specific rules included which offer the events promoter the same breathing space, so once something is definitely not going ahead as planned, they fall back on the existing legislation, which would say refunds have to be given (although some companies are still refusing/delaying). If they had the legal backing of the Government to hang onto the money till things settled down, then I suspect a lot would. Now, I'm not a lawyer, and so not 100% on all this, but I think it might explain why the Spanish festivals aren't as quick to refund.
  7. I had tickets for an event that was cancelled (definitely cancelled not postponed) over a month ago (due to take place 15/3 - cancelled just a couple of days earlier). The email said Ticketmaster would refund within 7 days. Realised this week, that nothing had come through so emailed them. Got two pro forma replies to emails before an actual person emailed - and they said "as it's covid they were waiting till things were decided about the "postponement" and would be in touch. Explained it was cancelled, and got two more pro-forma replies before finally getting a real response, which just said "bear with us as we're busy". If you consider that was a small event, one of the first to be cancelled, and was cancelled rather than postponed straight away, yet Ticketmaster are still so busy that they'd rather keep replying with holding emails, there may well be a long wait even after refunds are confirmed.
  8. More so given that Pukklepop at the end of August also off. Wonder if Primavera will move to October
  9. We could all be put in a Zorb at the entrance. Imagine the mosh pit
  10. I'm not shocked that the insurers act that way The second part wouldn't surprise me - although it's probably just one of many factors. Mitigation is likely to be part of any contract, so even if they are 99% sure July is out, they may need to proceed as if it isn't. Hanging around waiting is probably better than Primavera where people are now worrying about hotels/flights for a second set of dates that is still unlikely.
  11. Very interesting, and makes a great deal of sense. The shocking part is that they actually had insurance to cover pandemics, but the insurance company is claiming it doesn't cover this one!
  12. I'd still suggest contacting them - always worth a try. If you don't get a response, and you keep paying, then the worst that can happen is you lose the final payments you've made (if you stop you probably lose what you've paid already anyway). I know that may seem like a lot, especially if you've lost work due to Covid, but you were originally also planning to pay out on flights and accommodation, which you wouldn't be if things get cancelled, and if you're stuck inside like the rest of us, you're likely not spending much money either. I obviously don't know your situation, and I know from personal experience that a lot of people are struggling financially, but if the worst thing that happens to any of us this year is the loss of the price of a couple of Mad Cool tickets, then we'll have been very lucky. Try to stay positive and look forward to your next gig when this is all over 🙂
  13. A Force Majeure wouldn't always (or even usually be weather related) as most festivals will explicitly mention weather, and are likely to have insurance for it (it's mentioned in Mad Cool's Ts and Cs). The internet is also full of law firms websites explaining why Covid *might* or *might not* be a force majeure event. HOWEVER, the link you sent does suggest that the laws Spain introduced to deal with Covid cover cancelled events and refunds specifically - and appears to be as reassuring as you say. So, it may be nothing to do with Mad Cool's terms or normal contract law - it's a very specific set of rules that the Spanish govt introduced to deal with Covid. I'm not a lawyer though, I'm only reading a translation, and I also don't know if it would apply to resellers in other countries for Spanish events, but I can understand you're point
  14. When I said "as if it's not going to be extended" it was with quite a lot of sarcasm - sorry for not being clearer on an international forum It's ridiculous for them to be suggesting that info will be available on the 11th, when there's no way that Spain will be in the clear by then.
  15. A few people have had replies from Primavera resellers, and the festival are saying that they'll provide more info on alternatives (refunds etc.) once Spain's "state of alarm" is over and actually quoting the 11th April, as if it's not going to be extended. Until then they apparently don't have to consider any refunds. I assume that even if Mad Cool moved/cancelled they'd be in the same situation, so they're probably hanging on to see what happens. While July is likely a write off, it's conceivable that in a few weeks (as new cases are at least levelling off in many European countries) they'll have a better idea of whether they cancel, or aim for September. Right now, it's probably easiest for them to simply not make a decision.
  16. You can do it on Facebook. Just go to https://www.facebook.com/madcoolfestival and in the about section to the left, you can click Send Message, or just below it has their email (info@madcool.es). They may not be quick replying, or you may get a generic reply, but worth a shot.
  17. I would message them on Facebook first. Stopping payments may mean you lose everything you've paid so far. The Force Majeure term is there for all the tickets on Mad Cool - not just the flex ones. (https://madcoolfestival.es/en/tickets-conditions.php See point 9), but it's almost certainly included in the terms for most festivals, even though they have generally been offering refunds. You may also have additional cover if you paid by credit card in the UK (not sure about other countries). I would reach out, and ask before doing anything.
  18. The interview I read suggested hardly anyone had it. SXSW said they were covered for things like terrorist incidents and weather, but didn't have it for this.
  19. Are you sure about that? I read a while back an interview with an insurance broker, and he said that very few festivals take out insurance for health emergencies. They all have some insurance, and may have cancellation insurance, but it tends to be for specific events they think may happen (e.g. in certain places weather/flooding issues), not a generic policy that covers everything.
  20. It just wasn't very clear. He posted a clarification on twitter last night as a lot of people had interpreted the story the same way.
  21. He's now clarified that he didn't say his model was wrong. The 500,000 figure is what they believed was likely in the UK if we went on with normal life. He's even said that they think Covid-19 is actually more contagious than when they calculated the figure. The 20,000 is what he believes is likely if we maintain the social distancing/isolation measures. Given the huge difference, it's quite possible normal life won't be "risked" for some considerable time.
  22. I'd expect Mad Cool, having been around a few years now, and being generally successful, should be ok so long as they're not committed to paying bands. I wouldn't be surprised to see a few struggle others struggle though.
  23. One difference with Glastonbury is that it's so hard to get tickets, they can probably assume most people will hang on to their tickets for next year, rather than cancel. Most other festivals will be facing refunds, with likely no insurance for this scenario, and the possibility of going bust - hence they may hang on as long as possible.
  24. I can see there's some difference - but you'd assume they've taken the decision with more information. If artists are pulling out/postponing/cancelling then all the festivals will fall like dominoes. You're not likely to get Taylor Swift turning up for half a festival run.
  25. Now that Glastonbury has cancelled I wouldn't be surprised if the rest follow. Ah well. Stuck at home with less to look forward to ...
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