I listed 2 tickets for sale indicating clearly the section and row, the date, the game and the venue. I received notification that there was a buyer for these tickets for a total of $260 less Stubhub's commission of 15%. I forwarded the tickets to the buyer as per Stubhubs arrangements. On receipt of the tickets the buyer contacted Stubhub that the tickets were unacceptable because they were located in an alcohol free section. Stubhub informed me via email that the buyer was not accepting these tickets and that they would be providing replacement tickets to the buyer and would charge me the difference. I informed Stubhub via return email that I was not prepared to cover any difference in tickets and instructed them to just cancel the contract and return my tickets. Stubhub acknowledged my cancelation and returned my tickets which should have canceled the contract. Stubhub subsequently charged my Visa $142 claiming that that is what it cost them to buy comparable replacement tickets to the buyer. Under Stubhub's user agreement it states that you will be charge for replacement tickets if the tickets you provide are not exactly as indicated. The tickets that I sent were exactly as indicated. Stubhub is wrongfully claiming that they were not as listed because I did not state in there optional comment section that the tickets were in an Alcohol free zone. I can not be held responsible for the substitution of these tickets. My seats were appropriately priced for the section they were in, the buyers were not out of pocket as they returned the tickets to me and I was not compensated for the tickets. They had the opportunity to buy tickets in another section well before the date of the event. It is quite obvious that if the new tickets cost and additional $142 that they were not comparable tickets. Stubhub has not right to charge me additional 54% of the transaction cost when they agreed to cancel the contract all together.
It appears that StubHub is attempting to justify their actions by claiming they had an obligation to the buyer under the 'FanProtect Guarantee' So let's look at this FanProtect Guarantee: The Buyers FanProtect Guarantee:• You will get your tickets in time for the event.• Your tickets will be authentic and valid for entry.• You will receive tickets comparable to or better than the tickets you ordered, or you money back.• You will be refunded if the event is cancelled and is not rescheduled. That is the guarantee. The Buyer confirmed he received the tickets on time. They were authentic and valid for entry. The tickets were exactly as ordered. The event was held as scheduled. Clearly the FanProtect Guarantee was satisfied the transaction should have been completed. StubHub used their sole discretion to upgrade the buyer's seats. This was StubHub's decision outside of the FanProtect Guarantee therefore any costs associated with this voluntary upgrade were for the account of StubHub. Now let's look at the Sellers FanProtect Guarantee:• You will never be contacted directly by a buyer or prospective buyer.• You can adjust your ticket prices to reflect marketplace value at any time.• You will receive payment from StubHub for all ticket orders that you confirm and fulfill. I shipped the exact tickets listed which fulfilled the order, StubHub had an obligation to pay me for the transaction under the Buyers FanProtect Guarantee. StubHub is claiming that I was obligated to include a comment that the tickets were in a non-alcohol section. This is not stated in the user agreement, yes it is referenced and after a series of mouse clicks through their site in what they call the Seller Learning Center, but it is very difficult to locate on their site. However what is clearly indicated in the section 5.4 of the user agreement is that StubHub does not guarantee comments. Even if StubHub wants to argue that it states in the Seller Learning Center that sellers must list if the tickets are in an alcohol-free section failure to do so does not qualify under the FanProtect Guarantee or sections 4.3 or 10.4 of the user agreement. Therefore it does not permit StubHub to charge any fees that they incurred by making a decision at their sole discretion to upgrade the purchaser seats. User Agreement clause 5.4 Sellers Comments. StubHub does not guarantee any information provided by the Sellers in the Seller Comments area of the listings. If StubHub does not guarantee any information provided by the Sellers in the Seller Comments area they have no right to guarantee something that was not indicated. In StubHub's reply they refer to section 4.3 of the StubHub User Agreement which is listed here: User Agreement clause 4.3 Seller Responsibility. Once a Seller confirms a purchase of tickets from a Buyer, Seller is responsible for fulfilling the order with the exact tickets that the Seller listed. The Seller will be charged a replacement fee if Seller lists tickets for sale and is unable to produce the exact tickets the Seller listed. The replacement fee will depend on how much it costs us to purchase comparable or better replacement tickets for the Buyer. StubHub is not responsible for any errors made by the Seller in the listing or pricing of tickets and is not liable for any such errors. I provided the exact tickets Section 102 row 23 seats 3 & 4. Even StubHub has not disputed this, therefore they can not use this clause as a reason to charge any kind of replace fee. It does not apply. StubHub also refers to section 10.4 of the StubHub User Agreement which I list here: User Agreement clause10.4: Making Adjustments. You authorize us to withhold payment or charge your credit card account any amount you owe us if (a) a sale is cancelled for any reason; (b) an adjustment is made under our Fan Protect Guarantee. C) we reasonably believe that you have committed fraud or other illegal act or omission during any buying or selling activity; (d) you are not able to produce the exact seats that you listed on the Site; (e) you deliver incorrect or misrepresented tickets for any order or portion of an order, (f) you fail to ship tickets by the expected ship date you provided without notifying StubHub in advance or (g) you otherwise owe us a specific amount. If any of these things happen, we may also deduct from any amount we owe you the amount you owe us. Let us look at each point individually: User Agreement clause10.4 (a) states that 'You authorize us to withhold payment or charge your credit card account any amount you owe us if a sale is cancelled for any reason. This was fulfilled, StubHub charged my credit card the amount of $221 which was the net proceeds of sale which was cancelled. I accept this charge as I did subsequently receive a cheque for $221 which offset this charge. Clause 10.4 (b) an adjustment under the Fan Protect Guarantee. It is already clearly outlined above that there was no applicable adjustment under the Fan Protect Guarantee other than in favor of myself. Clause 10.4 (c) it is clear that there was no fraud or other illegal act or omission during the buying or selling activity. Clause 10.4 (d) I produced the exact seats that I listed on the site. Clause 10.4 (f) it has been established that I provided the tickets by the expected ship date. Clause 10.4 (g) I did not owe StubHub a specific amount. It is clear that none of the terms in 10.4 applied, therefore StubHub had not right to charge my credit card the $142. StubHub's states that the charge of $142 is valid because my tickets were mislisted, there is no such evidence that the tickets were not correctly listed.in fact the tickets were clearly listed, the exact tickets were shipped and on time. StubHub was obligated to complete the order and had no obligation to the buyer, had no right to charge me this fee. To Summarize: Under the FanProtect Guarantee, StubHub and no obligation to the buyer but had an obligation to me the seller Section 4.3 was fulfilled, I shipped the exact tickets immediately and they were received well before the event. Section 5.4 States StubHub does not guarantee sellers comments Section 10.4 Nothing in this section applies. The only section of the user agreement which permits StubHub to charge an adjustment for replacement tickets is if the terms of the FanProtect Guarantee are not satisfied, StubHub cannot and has not provided any supporting argument that the FanProtect Guarantee was breached. This has been an extremely frustrating experience, I did close to $5,000 of business with StubHub, all my orders were fulfilled promptly and accurately. I did not set out to harm anyoneI was not aware that the tickets were located in an alcohol free section as when the Vancouver Canucks confirmed my order their confirmation email did not inform this to me. I had not discovered that deep into StubHub site it describes the user comments. I made no effort to misrepresent these tickets in anyway, when the buyer was dissastified I agreed to let the order be cancelled allowing the buyer to purchase other tickets. The sale was cancelled and my tickets were returned. The buyer should have simply received their money back, there was plenty of time available for the buyer to find suitable tickets. My tickets were appropriately priced compared to the other tickets within that section. User Agreement and Guarantees aside, can someone please tell me why I should be charged a fee of $142? I lost the sale. Why was the buyer given better tickets not just his money back. Why am I paying of this upgrade. How does a company do business like this? Why does the Better Business Bureau endorse a company which such a business practice? There are hundreds of complaints on the internet about this companies business practices, who is protecting the consumer? I tried to resolve that matter directly with StubHub who would not allow me to speak to management about the complaint. I truly cannot understand how anyone at StubHub can condone such activity. I wrote to the company’s President, Director of Legal, Director of Customer Service, none have responded. How can StubHub try to get away with such a business practice?
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