The Bay Dreams music festival was held in Mount Maunganui on Sunday. Video / David Beck
Bay Dreams ticket holders who believe they are entitled to a refund after acts were cancelled because of Covid-19 say they have been left frustrated by organisers.
The festival - one of New Zealand's biggest - is run by local promoters Pato Alvarez and Mitch Lowe, who started it inMount Maunganui in 2016 before later adding a sister event in Nelson. This year's Mount event has just been and Nelson will start on January 5.
Posts on the Bay Dreams North Island and South Island Facebook pages on July 6 said: "Buy with confidence knowing that if our headliners are unable to perform due to Covid-19, refunds will be available."
In October, organisers posted on its Facebook pages saying previously-announced headliners Flume and Pendulum would not be performing in Aotearoa because of travel restrictions amid the Covid-19 pandemic.
Some festival-goers have told the Bay of Plenty Times their requests for refunds had been denied, claiming organisers had not been clear about their refund policy.
However, organisers said requests for refunds fell outside a cut-off date specified in their terms and conditions.
"We have processed hundreds of refunds," a Bay Dreams spokesperson said.
"As per our term and conditions, the window for refunds closed on November 8 to prevent the offer being abused by those who are not legitimately wanting refunds due to the lineup change months after knowing."
Katie Bruce, who has a ticket to the Bay Dreams festival in Nelson on January 5, was not convinced.
Bruce said she had been trying to get a refund from the ticketing management company for Bay Dreams, and contacted them about eight times with no response.
In early December she posted a request on the Bay Dreams Facebook page, again asking for a refund, she said.
Bruce said she has had various email correspondence about her request but kept being "fobbed off", and repeatedly told she was out of time to get a refund.
"We've been trying for too long to get a refund being constantly refused," she said.
She said she asked for a refund in October and through November and was "fed up" by December.
Would-be concert-goers are being made to fight for refunds to Bay Dreams. Photo / File
Anna Briggs, who also bought a ticket to the Bay Dreams festival in Nelson, described a similar experience.
"My cousin and I bought tickets to see Flume and Pendulum on the basis that if headliners could not come because of Covid-19, refunds would be available," she said.
"We have both asked for refunds many times and been denied on the basis that there was a refund window. However, this was not stated in the advertising nor can we find it in the terms and conditions and they haven't sent us screenshots or a link to where this is."
The Bay of Plenty Times sourced the ticketing terms and conditions from Bay Dreams organisers.
Bay Dreams Music Festival 2020. Photo / File
In relation to lineup changes at the event, the terms and conditions say: "For tickets purchased between July 6-October 18, 2020, refunds will be available for a period of three weeks after the announcement of the new artists have been announced.
"To apply for a refund, customers must contact Bay Dreams by 11.59pm, Sunday 8 November, 2020 requesting a refund. If customers make contact after this date, refunds will not be available."
The Consumer Protection website says: "An event ticket and its terms and conditions form a contract between you and the ticket seller.
"You have the rights that the terms and conditions say that you have. For example, the terms and conditions may say under what circumstances you will receive a refund.
"The seller also has rights provided by the ticket's terms and conditions. For example, the terms and conditions could provide that the event organiser can change a performer line up in a festival.
"For the seller to have rights under the ticket's terms and conditions, the seller has to clearly display or tell you the terms and conditions before you buy it."
