FACUA denounces Mad Cool Sunset for keeping “management expenses” after canceling the festival
The announcement of the cancellation of mad cool Sunset last Monday has caused quite a stir among festival goers who have begun to complain in networks and request the return of the money. It’s not just about the ticket, but most of the comments are related to the reimbursement of management fees.
For its part, FACUA has denounced Madrid’s Mad Cool Sunset for “keep the management fees” after canceling the festival. In addition, they have reported that all users have right to full refund of the tickets and in the event that this was not the case, “it can be reported to the consumer authorities of the user’s autonomous community”, as explained by Rubén Sánchez, spokesman for FACUAa 20 minutes.
“What the administrations can do is open sanctioning file if the company fails to comply with the obligation to return the money. The opening of this file can lead the company to get scared and consider the return before a penalty fee“Sánchez indicates, recalling that the fine should be greater” than the money to be returned.
From the association, they explain that all users have the right, in addition to the refund of the price of the tickets and the management expenses, to a compensation for “any other expense they may have incurred in connection with the event”.
The statement was published on the festival’s social networks this past Monday around nine at night. Likewise, they have justified the cancellation due to the loss of the band’s poster Rage Against The Machinewho gave up his tour due to health problems.
Dear friends, after the recent cancellation of the European tour of Rage Against The Machine and, despite the efforts made to find a suitable band as a replacement, we are sorry to inform you that Mad Cool Sunset 2022 will not finally be held 💔 pic.twitter.com/bFOXhUX2hA
– Mad Cool Festival (@madcoolfestival) August 29, 2022
The company has proposed two options to consumers in its statement: replace input for a three-day subscription to the Andalucía Big Festival or request a ticket refund -with the exception of management expenses-. Instead, FACUA It has also denounced the Andalusian festival for delaying and limiting the deadline for the return of tickets after modifying its poster.
The complaint has already been presented to the General Directorate of Commerce and Consumption of the Community of Madrid and the City Council of the capital.
Unfair terms
Thus, FACUA considers an “abusive clause the fact of not reimbursing management expenses” and is supported by the article 82of Royal Legislative Decree 1/2007of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.
“will be considered abusive clauses all those stipulations not negotiated individually and all those practices not expressly consented to that, contrary to the requirements of good faith cause, to the detriment of the consumer and user, a significant imbalance of the rights and obligations of the parties arising from the contract”, they point out from the association.
In addition, Sánchez emphasizes that “an event can be canceled for whatever reason the company wants, but it will have to respond before users, not only giving them their money back but paying them compensation for damages”, as detailed in article 87 of the General Law for the Defense of Consumers and Users and other complementary laws.
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