Decision of the General Inspection of Cultural Activities (IGAC) – May 27th

Following the complaint presented, we whereby inform you of the decision of the General Inspection of Cultural Activities (IGAC):

“… It is reported that by order of 16thof June 2016 the claims raised regarding the application of the conditions arising from Art. 9 of Decree-Law 23/2014 of 14 February were given as unfounded by the Inspector General of Cultural Activities.

Within the scope of its powers in sectoral regulation and in compliance with the provisions of paragraph 4 of Article 9 of Decree-Law 23/2014 of 14 February, which establishes that “the IGAC must verify the assumptions on which depend the non-refund of the amount corresponding to the price of tickets upon complaint of any interested party”, was analyzed the complaint submitted by you.

The service suppler made his statement about the complaint submitted by you together with other complaints with the similar object and motivation.
As a result of the assessment made
it was concluded that:

1. On the 27thof May 2016, in Lisbon, several musical performances took place in the musical Event “Rock in Rio Lisboa 2016”, promoted by Better World – Comunicação, Publicidade e Entretenimento S.A., promoter registered in the Inspection General of Cultural Activities (IGAC), under number 110602242009 and with license issued under the process number 314/2016.

2. On the same day were held 22 musical performances in 6 distinct stages, namely, the “World Stage”, “EDP Rock Street”, “Stage Vodafone”, “Electronica”, ” Somersby Pool Parties” and “Street Dance”, with artists/bands announced in the program, widely and publicly in different forums and local ticketing, physical and electronic.

3. The offering of multi-show on a single ticket with several performances at the same time, corresponds to the offer of Rock in Rio and the incident that occurred in a show, built in dozens of others, does not constitute the spectacle interrupt situation to the terms and the purposes of Article 9 of the Decree-Law 23/2014 of 14 February.

4. The Article 9 of the Decree-Law 23/2014, of February 14 applies to situations when there are shows with specific tickets and where you can determine the animus of the spectator associated with the acquisition of ticket with a specified price for a limited space and a concrete action.

5. In the current situation and object of claim, there is no interruption of the show because it is a multi-show, not a simple or isolated musical performance of a single band but of 22 artists/bands performing at the same day.

6. The sale and purchase of a package of multi-services and multi-show does not permit to discriminate in the final price of the ticket the amount corresponding to each portion, i.e., to each show offered together.

7. Using the norms of the Civil Code and, complementarily, the buying and selling regime, it appears to exist a significant parallelism between the current situation and the sale of certain things without the price being set per unit, the buyer owes the declared price, even if in the contract is indicated the number, weight or measure of the things sold and the statement does not correspond to reality.

8. These are, in short, different musical performances well determined and offered together at a certain price, with no place for the attribution of individual amounts as calculation rule or the final amount of the ticket.

9. The situations object of the complaint lead us to the provisions of paragraph 2 of Article 888.º the Civil Code where there is only a refund when “the actual amount differs from the mount declared in more than one-twentieth of the amount, the price will decrease increase proportionally”.

10. The performance of the band Korn does not represent a portion susceptible to determine a proportional reduction of the price, since regarding the 21 performances held on the 27th of May 2016 this musical performance corresponds to less than 20% of all the performances that took place, with the result that does not exist place to refund the full or proportional of the ticket price.

In these terms and as in view of the above, the conditions set out in Article 9 of Decree-Law 23/2014 of 14 February are not fulfilled and therefore the situation in this case does not determine the refund, partial or full of the amount corresponding to the ticket price.

The General Inspection of Cultural Activities thanks you the exercise of the right of complaint, reiterating the importance of their contribution to the defense of the prerogatives of consumers and users.