Spurs agrees to change its ticketing terms for rescheduled fixtures

142/08 4 December 2008

The OFT has secured an agreement from Tottenham Hotspur FC to amend its terms and conditions relating to ticket refunds for fans.

Tottenham Hotspur has agreed to remove conditions on its website that 'tickets cannot be refunded or exchanged under any circumstances'. The OFT considered this term was likely to breach the Unfair Terms in Consumer Contracts Regulation 1999 (UTCCRs) by disadvantaging fans who purchased a ticket for a match that is subsequently postponed and who are unable to attend the rearranged date. The OFT took action following a number of complaints by fans to Haringey Trading Standards Service.

The OFT has also written to the Football Associations of England, Wales, Scotland and Northern Ireland asking them to remind member clubs to provide the option of a refund, and calling for all clubs to ensure their terms and conditions are compliant with the law.

Mike Haley, OFT Director of Consumer Protection, said:

'Tottenham Hotspur has acted responsibly by changing its terms and conditions to ensure they provide for full refunds in the case of rearranged fixtures. When a consumer enters a contract to buy a ticket to a performance or match there is a clear date, location and time, and there may be any number of valid reasons why ticket-holders cannot attend on a rescheduled date. We are asking all football clubs in the UK to ensure their terms are compliant with this aspect of the law.'

NOTES

1. The UTCCRs protect consumers against unfair standard terms in contracts they make with traders. The OFT, and certain other qualifying bodies (such as local authority trading standards, national regulatory bodies, and Which?) can take legal action to prevent the use of potentially unfair terms. A term is likely to be considered unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations under the contract, to the detriment of consumers. The regulations say that a consumer is not bound by a standard term in a contract with a trader if that term is unfair. Ultimately, only a court can decide whether a term is unfair.

2. The English Football Association ticket refund policy states that a person unable to attend the rearranged playing of the match shall be entitled to a refund of the face value of Ticket (including any booking fee and related transaction charge).

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