Spanish authorities have fined Live Nation Spain €15,000 (U.S. $16,197.75) for failing to refund AC/DC fans in Seville who were upset that Brian Johnson was replaced by Guns N’ Roses frontman Axl Rose. FACUA reported (via translation).
The General Directorate of Economy and Commerce of the City of Seville has imposed a fine of 15,000 euros on Live Nation for a serious violation of the Regulations for Admission to Shows and Recreational Activities in Andalusia. Article 23.1 provides that ” spectators and assistants are entitled to the refund of the amounts paid by the entrance or locality and, where appropriate, the proportional part of the payment, when the public spectacle or recreational activity is suspended , Postponed or substantially amended . “
FACUA criticizes the small amount of penalties established in the Andalusian legislation of public shows and demands that it be updated. In any case, the association warns that the fine for the promoter of the AC / DC concert may have been double, and the rules establish that serious infringements can be penalized with up to 30,000 euros.
The complaints of FACUA were presented to the competent authorities of Andalusia, which led to the City of Seville, and Catalonia, as Live Nation has its headquarters in Barcelona. The association considers it regrettable that the Catalan Consumer Agency decides not to fine the promoter: the Catalan administration validated the response of the company, which invented that it had given 17 days to claim the money back.
Live Nation breached their commitment
After FACUA publicly warned that the replacement of the AC / DC singer meant a substantial change in the conditions of the concert and a justified cause for claiming the return of their tickets, Live Nation contacted the association and assured That would ” return the money to those who asked for it,” without putting a deadline to complain.
FACUA announced the company’s commitment on April 26. But, overwhelmed by the requests, the promoter informed the association by email on May 1 (Sunday and public holiday, so Monday was also not workable in much of the country) that on day 3 closed the deadline for processing returns.
An unexpected decision that at first did not warn and that caused a multitude of users, surprised and without any room for maneuver, were from that very moment with the refusal of Live Nation to address: “We regret to inform you that we have stopped serving the Requests for reimbursement, “the company replied to some fans. Others, they warned FACUA, did not even get a response to their writings, despite having been remitted many of them even before May 3.
The event took place on May 10, 2016 at the Estadio Olímpico de Sevilla. As in the previous concert of the tour, held in Lisbon, Axl Rose appeared on the stage seated and with his foot broken, forcing him not to move during the performance. Something that was another substantial change added to the singer’s own change. Rose’s injury altered, evidently, the characteristics of the show: an added motive to complain.
Money can still be claimed in court
FACUA warns affected users that they can still claim the return of their money. They only have to file a claim for amounts in court, for which there is no compulsory assistance of attorney or attorney. The Civil Code establishes a period of 5 years to submit claims for breach of contract.
