4 August 2021 Hits: 24 Edit Published Article
PROMOTER RESPONSIBILITIES
Refund policies will vary depending on the type of event and the event Organizers should post their individual policies with respect to each event being sold, and this must be posted on the applicable event page. These policies should meet the following minimum requirements:
- Refund policies must be fair and reasonable and must include instructions on how to obtain a refund, including how, when and where to direct a refund request
- Refund policies must outline a specific time frame within which refund requests will be responded to, which should not exceed seven (7) business days for a first response.
- Refund policies (including cash or credit refunds) must comply with all applicable local, state, national and other laws, rules and regulations, including all requirements imposed by Card Schemes or Alternative Form of Payment Frameworks.
- “No refund†policies are permissible, but must be clearly identified as such and must otherwise comply with all other requirements.
- Refund policies may not be changed retroactively or in any way that will negatively affect the Consumers’ entitlement in connection with purchases made prior to the date of any such change. For example, if an Organizer has posted a policy under which refunds may be obtained if requested in a specified method or time period, the Organizer may not then change to a “No refunds†policy with respect to any purchases already made at the time of such a change. In the event however, that the original policy is a “No refundsâ€, the Organizer may change to a policy that allows for refunds with respect to any purchase already made as of the time of such a change.
- Refund policies must offer a refund or other accommodation, (e.g., a credit), to the Consumer, in the event of a cancellation, postponement, or other situation that causes a failure of the Organizer to provide the advertised product. Â If the Organizer is offering Consumers an event credit or other accommodation in lieu of a refund of the purchase price, then the credit or other accommodation must be of equal value of the ticket for the cancelled event.Â
- If the Organizer fails for any reason to honour a credit or other accommodation, including without limitation by failing to hold the event(s) for which the credit or other accommodation it to be redeemed, Touchstone shall have the rights (but not the obligation), to seek to issue refunds to the impacted consumer(s), to the extent that Touchstone is able to make such refunds through the Organizer’s account, or able to collect such sums directly from Organizer,
- If a refund policy is not posted or does not meet these minimum requirements set forth above, Touchstone may (but has no obligation to) modify the refund policy to meet the requirements. The modification may include making changes to the Organizer’s posted refund policy on the applicable event page or retroactively applying such changes at the time of a dispute, chargeback and/or refund request.
CONSUMER REFUND PROCESS
- Consumers are advised to contact the Organizer directly. If the Organizer does not respond to the Consumer request, or if the refund is not made within seven (7) days, may, in its sole discretion, execute the refund on behalf of the Organizer and collect such sums directly from the Organizer.
- In the event that Organizer fails to honour a refund that a Consumer believes is due under the applicable refund policy and/or the requirements set forth above, or fails to deliver a credit or other accommodation promised by the Organizer, that Consumer may request that Touchstone review the refund request.
- Touchstone will review the facts and circumstances and determine at its sole discretion whether or not a refund is due from the Organizer in accordance with the applicable refund policy and the minimum requirements set forth above. Touchstone will make every effort to complete its review within forty-five (45) days of being contacted by the Consumer. Consumers should note that Touchstone will not have control of the funds that have been paid over to the Organizer as such Touchstone will need the Organizer to cooperate in order for the consumer to receive a refund, and this may not happen. Assuming all other criteria for the refund are met and the cooperation of the Organizer is forthcoming, Touchtone will make every effort to make the refund to the Consumer’s original through the original form of payment used for the purchase. In the event that the Consumer’s credit or debit card issuing bank declines the refund, Touchstone may not be able to complete the refund to the Consumer.
- These Refund Policy Requirements are not intended to be and do not offer any insurance or guarantee the performance of any Organizer and do not guarantee that refunds will be issued in any given situation.