Events, tickets and ticket scalping

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There are laws in place to protect your rights when buying tickets in WA.

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Consumer rights buying tickets

National and WA consumer laws protect ticket buyers by setting rules event organisers and tickets sellers must follow.

Event organisers must:

  • ensure events are run with due care and skill
  • run the event as described

Ticket sellers must:

  • make sure tickets match their description
  • advertise the full price upfront
  • provide a receipt for the purchase
  • avoid any misleading conduct.

Cancellations or major changes

Consumers may have a right to a refund if an event is cancelled or significantly changed. This will depend on:

  • the reason for the cancellation or change
  • the terms and conditions of the ticket.

Consumers may also be entitled to compensation for costs due to the change or cancellation of an event. This might include travel or accommodation expenses. An example of a major change may be a different headline act, date or location.

Consumers are often not entitled to a refund if the cancellation or change is caused by:

  • third-party actions, like government restrictions banning the event
  • uncontrollable events, such as natural disasters

In these cases, the consumer’s rights should be covered in the ticket's terms and conditions.

Buying event tickets

When buying event tickets, you should always:

  • review terms and conditions to understand your rights and responsibilities
  • check ticket availability with the authorised ticket seller first 
  • get an itemised breakdown of any ticket package costs before payment
  • use secure payment methods like credit cards or PayPal
  • check for any ticket restrictions for the event
  • buy from a secure website. Check the web address starts with HTTPS and has a padlock symbol.
  • save all transaction records
  • be aware of fake tickets and scams check WA ScamNet
  • view Live Performance Australia’s Safe Tix Guide

Bulk buying tickets

Ticket buyers must not use 'bot' software to purchase tickets – this can result in a fine of up to $100,000.

Risks from buying tickets from resellers

In WA, there are rules to stop fraud and unfair practices when buying event tickets, but there are still some risks involved. 

If a consumer buys from a reseller, they risk:

  • being turned away at the venue
  • not getting the seats they ordered
  • not being made aware of certain conditions, such as a restricted view
  • not getting a ticket or getting a fake one
  • not being able to get a refund if the event is cancelled or rescheduled.

Avoid scams

Scammers sell fake tickets on online platforms. A way of checking your ticket is to look at the authorised seller’s website. Check the venue set up and see if the ticket matches the seating plan on the authorised seller’s page. If you have trouble, contact the authorised seller.

If you have bought a fake ticket:

  • Contact the reseller for your money back
  • Contact your bank for charge back as soon a possible
  • Report it WA ScamNet

Ticket advertisements and ticket scalping

Ticket scalping laws set how tickets can be resold. They apply to tickets:

  • to events held in WA
  • with a resale restriction.

Restrictions are shown in the terms and conditions and are set by the authorised seller, venue, or event organiser Ticket Scalping Act 2021. Major events and concerts usually have resale restrictions. Fundraisers and charitable events generally do not.

Rules for resale

The advertisements for a resale ticket for an event in WA must:

  • display the original ticket price
  • specify all location details (e.g. section/bay, row, seat and any restricted views)
  • not ask for more than 10% above the original ticket price.

Even if someone is willing to pay more, you are breaking the law if you sell your ticket for more than 10 per cent above the original price.

There are penalties for not following these rules when advertising or selling a ticket. Consumer Protection can issue infringement notices of $2000 per offence. Court fines maybe issued for up to:

  • $20,000 for individuals
  • $100,000 for corporations.

Ticket sellers responsibilities

Ticket sellers must follow the advertising rules above and:

  • avoid making false or misleading claims about the event, ticket availability, or being an authorised seller
  • ensure tickets match the description, including correct seat and venue
  • refrain from drip pricing – the total amount must be displayed.

Commonwealth ticket laws

Websites whose only purpose is to resell tickets to events in Australia must:

  • clearly state ‘This is a ticket resale service. You are not buying from a authorised ticket provider’
  • the total price of the ticket the consumer would pay the authorised seller.

If the reseller needs to charge a fee for postage, then this must be listed separately.

More information is available from the Electronic Ticket Resale Service Information Standard 2022 (Cth).

Ticket packages

You can only supply tickets as part of a package deal if you:

  • are authorised by the event organiser; or
  • provide an itemised breakdown of costs and the type of goods or services included
  • sell ticket packages as a part of your usual business.

Reporting ticket scalping

Report any ticket advertisements you think are against these ticket laws by following these steps:

  1. Check the authorised seller’s original ticket price.
  2. Is the ticket being sold or advertised above 10 per cent of the original ticket cost?
  3. Collect evidence such as screenshots showing:
    1. The advertised ticket resale price including any amounts you paid
    2. The number of tickets being offered for sale/supply
    3. The location details of the ticket, i.e. section/block, row, and seat information
    4. The seller’s full name or alias name
    5. Contact details (if available) such as phone, mobile, email, etc
    6. Any website URL links of the ticket scalping conduct
    7. Any ticket resale website advertisement identification/reference numbers
    8. All written communications with the suspected ticket scalper
  4. Email us with your evidence under the subject heading 'Ticket scalping'.
  5. Include your contact details in case we need to contact you to discuss your report

Need some help?

Try to resolve your issues directly with the reseller first, follow our complaints guide for tips.

If you bought tickets with a credit card or PayPal you may be able to ask for a refund. 

If you are not sure about your rights contact Consumer Protection by calling 1300 30 40 54 or sending an email.

 

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