• Having a good time at a concert shouldn’t start with a clash with terms and conditions that work against the consumer.
• The President of UOKiK challenged, among others, provisions that made it difficult to get a refund for an event cancelled by the company and left attendees uncertain whether their handbag or other item would be considered prohibited “luggage”.
• Live Nation must refund money to eligible consumers and pay a fine of more than PLN 15 million.

The excitement at a concert should begin at the stage, not at the entrance – with nervously checking whether a small handbag will be treated as prohibited “luggage” and whether, in the event that the company cancels the event, it will be possible to recover the money unconditionally. Live Nation’s terms and conditions include clauses that effectively prohibited bringing in any items at all and restricted the possibility of obtaining a refund if the event was cancelled. The President of UOKiK considered them abusive, ordered compensation to be paid to eligible consumers, and imposed fines on the company.

– Terms and conditions cannot work against the consumer. After buying a ticket, the rules must be clear: attendees should know on what terms they are taking part in the event, what they are allowed to bring in, and what they can expect if the concert is cancelled by the company. When purchasing a ticket, we have the right to expect fair and predictable rules from start to finish – says Tomasz Chróstny, President of UOKiK.

Will they let me in or not?

Problems began even before entering the concert. The terms and conditions of the event, amended by Live Nation after some consumers had already bought tickets, prohibited bringing in all kinds of backpacks, handbags and, in general, “luggage” – regardless of size. However, they did not explain what was meant by this term. The scale of consumer confusion is clearly demonstrated by one of the questions addressed to the company:

“Dear Sir or Madam, in connection with the upcoming Big Time Rush concert on 7 June 2024, I would like to ask whether it will be possible to bring in a small waist bag into the venue. I am a student and am travelling to the concert from the other end of Poland. Afterwards, I have to catch a train at 4:30 a.m. on Saturday. In addition, leaving my documents and personal belongings in a deposit box may cause confusion after the concert, and the items could get lost”.

Concertgoers were usually only informed at the entrance that they were required to use the deposit. This resulted in extra costs or having to skip the event. As consumers’ accounts suggest, the rules were not the same for everyone and in practice much depended on the person admitting people to the concert:

“I saw many people with waist bags or mini bags. They either hid them well, or it all came down to who was checking”;

“It clearly depended on the person letting us in, because they made me show everything I had in my pockets, they would not let me bring in my waist bag (although I could then put it back into my pocket empty), and I had to throw my over-the-counter medications in the trash”.

Live Nation also reserved the right to refuse to accept items for deposit. In such a case, the consumer could not attend the event. By contrast, those who handed over their “luggage” and did not collect it after the event ended had to reckon with the fact that after 14 days it would become the property of the organiser. The company could then destroy it or otherwise dispose of it, and the consumer would lose the ability to pursue claims.

Will they refund the money or not?

The Office also challenged the rules of refunds for events cancelled by the company. Consumers did not receive refunds automatically – Live Nation imposed additional conditions. It required them to submit an application and gave them six months from the original date of the event to do so. If they failed to do so, the money was forfeited, even though the event did not take place. In the opinion of the President of UOKiK, provisions imposing such an obligation are abusive.

Penalty for Live Nation

For using abusive clauses, the President of UOKiK imposed a fine of PLN 15.3 million on Live Nation. The decision is not final, and the company may appeal to court.

Compensation for consumers

The President of UOKiK’s decision imposes specific obligations on the company. They will take effect once it becomes final.

People who bought tickets for events cancelled by Live Nation between 8 May 2024 and the date on which the decision becomes final, and who did not receive a refund of the costs due to them, are to receive their money within one month from the date on which the decision becomes final.

The refund will also apply to individuals who, from 8 May 2024 until the date on which the decision becomes final, paid to have their items stored in the deposit. In this case, the company must return the collected fees within one month of receiving proof of payment from the consumer.

Live Nation will also have to provide extensive information about the content of the President of UOKiK’s decision and the refund procedure. Such notices will be posted on the company’s website, Facebook and Instagram, and will also be sent by e-mail to ticket buyers and newsletter recipients. The first publications and messages are to appear within 14 days of the decision becoming final.