Event cancelled or ticket invalid? Refund rights for gigs and sport

Q: Event cancelled or ticket invalid? Refund rights for gigs and sport

Why it was cancelled matters. The ACCC says that where the event organiser chooses to cancel, or makes a major change, you are entitled to a refund, and that a new headline act or a show moved to another city might be a major change. It also says you may be entitled to a refund if the event can't be delivered safely. Where the cancellation is due only to someone else — its example is a government ban — the ACL generally gives no remedy, and what you get may depend on your ticket terms, contract law and state law. Who you bought from matters. Your claim is against the business you contracted with, which may be the organiser, an authorised ticket seller or a reseller. If you bought a resold ticket, the organiser's refund may go to the original buyer, and the organiser's cancellation alone may not give you a guarantee claim against the reseller — so check what the reseller promised, including any cancellation cover, and, if you paid by credit card, ask about a chargeback early. If you bought from a private individual, the guarantees generally don't apply. A credit is not a refund. Where you are entitled to a refund, you don't have to take a voucher instead, and a refund should generally come back the way you paid. Start with the business you bought from.

Cancelled, postponed or changed event, or a ticket that wouldn't scan? Who owes you a refund, when the ACL applies, and what to do next.

Reviewed by Jun Manbatten17 September 202615 min read

Services Cancellation Refund Intermediate

Your concert, match or festival was cancelled, postponed or changed, or your ticket was refused at the gate, and you've been offered a credit or nothing at all.

Quick answer

Why it was cancelled matters. The ACCC says that where the event organiser chooses to cancel, or makes a major change, you are entitled to a refund, and that a new headline act or a show moved to another city might be a major change. It also says you may be entitled to a refund if the event can't be delivered safely. Where the cancellation is due only to someone else — its example is a government ban — the ACL generally gives no remedy, and what you get may depend on your ticket terms, contract law and state law.

Who you bought from matters. Your claim is against the business you contracted with, which may be the organiser, an authorised ticket seller or a reseller. If you bought a resold ticket, the organiser's refund may go to the original buyer, and the organiser's cancellation alone may not give you a guarantee claim against the reseller — so check what the reseller promised, including any cancellation cover, and, if you paid by credit card, ask about a chargeback early. If you bought from a private individual, the guarantees generally don't apply.

A credit is not a refund. Where you are entitled to a refund, you don't have to take a voucher instead, and a refund should generally come back the way you paid. Start with the business you bought from.

What the law actually says

Buying a ticket to an event is buying a service — access to an entertainment or sporting event. You get the ACL's services guarantees in sections 60 to 62 where you acquired it as a consumer under section 3: broadly, the price was $100,000 or less, or the service is of a kind ordinarily acquired for personal, domestic or household use; check how section 3 applies to you. The remedies are in sections 267 to 270.

The guarantees most relevant to ticket disputes are:

Section 60 — Due care and skill. The supplier must perform the service with the care and skill of a reasonably competent supplier. A seller that issues a duplicate or already-voided ticket may fail this standard.
Section 61 — Fitness for a purpose, or a result, you made known. If you made known to the supplier, expressly or by implication, the purpose you were buying the service for, it must be reasonably fit for that purpose; if you made known a result you wanted — to the supplier, or to whoever handled the sale — it must be of a nature and quality that might reasonably be expected to achieve it. Neither applies if the circumstances show you did not rely, or it was unreasonable to rely, on the supplier's skill or judgment.

When a services guarantee is breached, your remedies depend on whether the failure is major or non-major.

Major failure for services

Under section 268 of the ACL, a services failure is major if any of the following applies:

a reasonable consumer, fully acquainted with the nature and extent of the failure, would not have acquired the services;
the services are substantially unfit for a purpose services of the same kind are commonly supplied for, and cannot easily and within a reasonable time be remedied;
the services, and any resulting product, are unfit for a particular purpose you made known to the supplier, and cannot easily and within a reasonable time be remedied;
they are not of such a nature, or quality, state or condition, that they might reasonably be expected to achieve a result you made known to the supplier, and cannot easily and within a reasonable time be remedied; or
supplying them creates an unsafe situation.

Under section 268(2), two or more failures can together make a failure major where a reasonable consumer fully acquainted with them, taken as a whole, would not have acquired the services.

Replacing a support act is ordinarily less likely to be major than a new headline act, a different city or being refused entry on an invalid ticket, though how the event was advertised still matters.

Where the failure is major, or cannot be remedied, section 267(3) lets you either terminate the services contract, or keep it and recover compensation for the reduction in value below the price you paid. Section 269 then governs termination: it takes effect when you make it known to the supplier, and entitles you to a refund of what you paid to the extent the services had not been consumed. (Section 270 is different — it deals with goods bought in connection with services you terminate, such as merchandise bundled with a ticket.)

Section 267(4) separately allows damages for other loss that was reasonably foreseeable, for major and non-major failures alike. Travel, accommodation and similar costs are not automatically recoverable: you would need to show the loss was caused by the failure and was reasonably foreseeable, and that you took reasonable steps to limit it.

Non-major failure

Under section 267(2), for a non-major failure that can be remedied you may require the supplier to remedy it within a reasonable time. If it refuses, or does not do so within a reasonable time, you may have the failure remedied elsewhere and recover the reasonable cost, or terminate the contract. A problem with a show that has already happened, such as poor sound or a different seat, often can't be fixed afterwards, so section 267(3)'s "cannot be remedied" route may fit better.

When the event is cancelled: why matters

The ACCC's refund position has a statutory limit: section 267(1)(c). For the guarantees in sections 61 and 62, you can't take action under section 267 if the failure happened only because of someone other than the supplier — and the supplier's own agents and employees don't count as someone else — or because of a cause independent of human control that occurred after the services were supplied. The due care and skill guarantee in section 60 is not subject to that limit, but a cancellation forced entirely by a third party is rarely a failure of care and skill. So where, say, a government order stops the event, the remedy under the guarantees may be limited, and the outcome may instead depend on the ticket terms, contract law (including frustration and restitution, which can allow recovery of the price where nothing was supplied) and state or territory legislation.

Separately, section 36 requires a business that accepts payment to supply within the period it specified, unless the failure was due to another person or a cause beyond its control and it took reasonable precautions and exercised due diligence, or you agreed to take different services instead; a breach is pursued through damages or court orders, not the guarantee remedies.

Who is responsible: organiser, seller, reseller or platform

Contact the business you bought from first; the ACCC gives the same advice for authorised sellers and resellers. A primary ticket seller may be selling on the organiser's behalf, a resale platform may only connect you with another seller, and the organiser runs the event — so check the checkout screen, receipt and ticket terms for who your contract is with rather than assuming the site you paid is liable. NSW Fair Trading says that if you buy a legitimately resold ticket and the event is cancelled, any refund from the organiser or official ticketing agency goes to the first purchaser, and your contract is with the reseller; it suggests checking whether the resale site covers cancellations and, if you paid by credit card, asking your bank about chargeback options. The organiser's cancellation alone may not give you a remedy under the guarantees against a reseller that wasn't selling for the organiser, because, for the section 61 and 62 guarantees, section 267(1)(c) treats it as someone else's act. The reseller is still answerable for its own conduct: its contract with you, any cancellation cover or buyer guarantee it offered, and what it told you.

Under the Competition and Consumer (Australian Consumer Law—Electronic Ticket Resale Service) Information Standard 2022, in force since 1 October 2022, where information about a resale ticket to an Australian event is supplied through an electronic platform whose sole or dominant purpose is to facilitate a market in tickets for admission to events, the platform operator must continuously display "This is a ticket resale service. You are not buying from a primary ticket provider.", together with the total price, excluding delivery charges, that a consumer would reasonably be expected to pay the authorised seller. The ACCC says these rules don't apply to private sales of tickets through online marketplaces, though the ACL's general rules still apply to a platform's own conduct in trade or commerce. Several states and territories also cap resale prices for some tickets, such as tickets whose terms restrict resale or tickets to specified major events or venues; check your own state's rules.

Section 18 — Misleading conduct

Section 18 of the ACL prohibits misleading or deceptive conduct in trade or commerce. If a reseller represented that tickets were valid and genuine when they were not, that may breach section 18, whether or not a services guarantee also applies. Similarly, section 29 prohibits false or misleading representations, including about a guarantee, right or remedy — such as cancellation cover or a buyer guarantee a reseller advertises.

What about "no refunds" policies?

Under section 64 of the ACL, any contract term that purports to exclude, restrict or modify the consumer guarantees, your rights under them or liability for failing to meet them, or has that effect, is void to that extent. A business may refuse change-of-mind refunds, but a "no refunds" term can't take away a refund the ACL gives you, such as where the organiser you bought from chose to cancel.

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When this applies (and when it doesn't)

The ACL services guarantees are likely to help where:

You bought from a business acting in trade or commerce — an organiser, authorised seller or commercial reseller — and acquired the ticket as a consumer.
You bought from the organiser or a seller acting for it, and the organiser cancelled or majorly changed the event; or your ticket failed for a reason the business you bought from is responsible for.

They are less likely to help where:

You bought from a private individual not acting in trade or commerce. A one-off resale between individuals is generally outside the guarantees, though a regular commercial reseller may be in trade or commerce. Contract law, your payment provider and scam reporting may still help.
You bought from a reseller not selling for the organiser, and the organiser cancelled — look to the resale site's cover and your payment route.
The event ran as advertised and you changed your mind or could not go.
The cancellation or change was due only to someone other than the supplier, such as a government ban — where what you get may depend on the ticket terms, contract law and state law.

Postponed events turn on the facts. What matters is the length of the delay, the new date, venue or format, the ticket terms, and whether a reasonable consumer fully acquainted with the change would still have bought. Being personally unable to make the new date does not by itself establish a major failure — though section 61 may help if, when buying, you made known, expressly or by implication, that you were buying to attend on that date. Queensland's Office of Fair Trading says a refund might be available where a date change or significant venue change stops you using the ticket.

What to do today

Keep the evidence. Save the purchase confirmation, the ticket and its ID or barcode, the ticket terms, the event page as sold, the cancellation or change announcement, the original and changed program, seat and venue details, any resale disclosures, a record of every fee, and anything showing you were refused entry.
If your ticket was refused, find out why. Ask staff whether it was flagged as fake, a duplicate, voided, or cancelled for being resold, and to confirm the reason in writing if they can. Note the time, entrance, who you spoke to and what they said, and photograph an error message about your ticket only where that's allowed — the reason decides who you pursue. Check whether the ticket terms required an official transfer or name change, whether that was done, and whether the condition was disclosed before you bought. For events in NSW or WA, a term letting the organiser cancel or invalidate a resold ticket is void to the extent the ticket was resold for no more than 110% of its original price; each Act defines that price and its scope, so check the current law.
Check your payment route early. If you paid by card and never received a valid ticket, or the event was cancelled or majorly changed and you haven't been refunded, ask your card provider now whether a chargeback is available and what its deadline is. The ACCC notes debit cards may carry different chargeback rights. If you bought through a resale platform, lodge its dispute or guarantee claim promptly, and check its terms before also starting a chargeback. If you've been scammed, including by bank transfer, Scamwatch's advice is to contact your bank or card provider immediately and ask it to stop any transactions. If a private seller sold you a fake, also report the seller to the platform and to Scamwatch at scamwatch.gov.au. The ACCC's advice is never to pay a ticket seller by bank transfer.
Write to the business you bought from. Give the purchase date, what happened and why the event didn't go ahead as sold, the guarantee or right you rely on, and the remedy you want. About 14 days is often a practical deadline, though there is no ACL 14-day rule. You can generate a demand letter for free — the wizard identifies the relevant ACL provisions and produces a letter you send under your own name.
Don't settle for a credit you didn't choose. Where you are entitled to a refund, you don't have to take a voucher, and the ACCC says refunds should be provided in the same form as the original payment unless you agree otherwise. Check the entitlement first, since a cancellation caused only by someone else may leave you relying on the ticket terms, contract law or state law rather than the consumer guarantees, and check whether accepting or using a credit settles your claim.
Document any extra losses. Keep receipts for travel or accommodation booked for the event, and be ready to show they were caused by the failure, reasonably foreseeable and kept to a reasonable minimum.

What if the business refuses

Your state or territory consumer body. It may assess your complaint or offer non-binding help, and usually expects you to have tried the business first. It generally cannot compel a business to take part or make binding orders, and going to it is not a precondition to court. Contact details are at /agencies.
A court or tribunal with jurisdiction. For a binding decision, the right forum depends on your state or territory, the dispute and the amount. Several states and territories use a tribunal, but in Western Australia, South Australia and Tasmania an ordinary claim goes to the Magistrates Court. Confirm limits, fees and representation rules on the official site before filing. Our state guides, such as South Australia and New South Wales, set out which forum hears ordinary claims.
Your bank or card provider, then AFCA. If a chargeback or scam report is refused, use the provider's internal complaints process; if it stays unresolved and the provider is within AFCA's jurisdiction, you may be able to complain to AFCA. AFCA deals with complaints against financial firms, not your dispute with the seller or organiser.
The ACCC investigates systemic conduct but does not resolve individual disputes.

Common mistakes

Assuming a force majeure clause settles it. A clause about events outside the organiser's control may matter where someone else caused the cancellation. It cannot remove a remedy the ACL does give you, and a standard-form term may be open to challenge as unfair.
Paying a stranger by bank transfer. A credit card chargeback may give you a dispute route if the ticket is fake; a bank transfer has no chargeback.
Waiting too long. There is no single fixed expiry for services claims, but limitation laws, forum rules and chargeback windows still apply, some of them short, and delay makes the facts harder to prove.

This article is general information about Australian Consumer Law, not legal advice. It also describes ticket terms, contract law, state and territory ticket-resale rules, resale platform obligations, payment disputes, scam reporting, consumer bodies, tribunals, courts, the ACCC and AFCA, whose scope and deadlines sit outside the ACL and can change. Confirm the current position with the relevant body before acting. For advice on your specific case, see your state or territory consumer body — full list at /agencies.