Viagogo has been ordered not to repeat “misleading” claims in its advertising relating to contradictory terms and conditions of entry to gigs by customers who buy resale tickets.
A complaint was brought to the Advertising Standards Authority (ASA) by FanFair Alliance as it believed the resale of tickets through secondary ticketing websites like Viagogo was prohibited by the events listed in ads.
It flagged two ads; one for the BST Hyde Park festival which stated that “fans can buy and sell tickets at global marketplace Viagogo” and the other as part of an advertorial headed “A beginners’ guide to getting Taylor Swift ‘Eras’ tour tickets”.
Here, the text advised “to purchase resale tickets as safely as possible, fans should avoid buying tickets via social media […] Your best bet is ticket marketplaces like Viagogo, which connects ticket sellers with fans via a safe platform.”
However, the ads were challenged as some venues, including the ones listed, did not accept resale tickets, raising the possibility that gig-goers might be refused entry on the door.
Under the ASA codes, marketing communications must not mislead people by omitting material information or presenting it in an unclear, unintelligible, ambiguous or untimely manner.
As such, it assessed whether the ads omitted important information relating to the resale policy of each event, and whether the omission of that detail was misleading.
Viagogo said it didn’t believe its ads were misleading as tickets for the events were legitimately available on its secondary ticketing marketplace. It added there’s no such law prohibiting the resale of tickets for music events, and nothing in its ads implying Viagogo was an official primary ticketing outlet.
It added it was “extremely unlikely that a customer would not gain admission to an event after purchasing a ticket on Viagogo, even if the terms and conditions of the event itself purported that resale tickets were prohibited”.
Further, less than 1% of customers were denied entry to events after having bought a ticket on their platform, and it operated a guarantee so that if a ticket holder wasn’t admitted, they’d be entitled to a refund.
Meanwhile, it said that additional information was available on the Viagogo website.
Complaint upheld
The ASA said fans would be led into thinking that buying on Viagogo was one way of obtaining a ticket for the events, and it noted there was no information in the ads to make people aware that some venues, including those listed, did not accept resale tickets.
In the Taylor Swift Eras terms and conditions, it stated: “Your ticket(s) will immediately become invalid if resold or offered for sale unless the sale is through the official ticket agent fan to fan exchange. Tickets sold via third parties and other unauthorised outlets, including online auction sites, are not valid for admission. The resale of a ticket via unauthorised outlets renders it invalid and may lead to refusal of entry”.
Meanwhile, the BST Hyde Park terms and conditions stated: “Tickets are not transferable unless purchased and transferred through Flash Mobile Delivery on the AXS platform” and “any tickets brought from unauthorised agents, or third parties are not valid and admission to the event will not be permitted”.
The ASA noted: “Because Viagogo was a secondary-ticket outlet, we considered BST Hyde Park and Taylor Swift Eras tour tickets purchased on the Viagogo website were purported to be invalid, according to both event terms and conditions.”
While it noted Viagogo’s guarantee whereby anyone who was not admitted to an event was entitled to receive a refund, and only a small proportion of their customers had been refused entry, it considered that the prohibition of resale tickets “was material information which was likely to affect a consumer’s decision to purchase tickets through Viagogo”.
“Because the ads omitted material information about the validity of tickets purchased through viagogo and the risk of the venues refusing entry to consumers who had purchased their tickets through secondary ticketing websites, we concluded that they were misleading, ” the ASA said.
It added that the ads must not appear again in the form complained of.
A Viagogo spokesperson, said it is “disappointed by the ASA ruling”.
They added: “Viagogo is a safe, secure and regulated global online marketplace, and we are fully compliant with the law in all markets in which we operate.
“The ‘lead booker’ requirement for Taylor Swift’s ‘The Eras Tour’ UK shows has been removed by Ticketmaster and AEG. This means there is no longer a need for the lead booker to be present and attend the show. Ticket fraud is extremely uncommon on our marketplace as less than 0.02% of ticket holders encounter an issue at the door. In any event, the Viagogo guarantee is in place to protect fans and ensure those who have purchased tickets on our platform get in the door or their money back.
“We exist to get fans into live events and oppose anti-consumer actions taken by event organisers to restrict purchasing and resale options in an attempt to control the market. These measures ultimately harm fans by limiting choice, flexibility, and access.”
