Illegal Eagles.....or Not?

[windywillow]

I have tickets to see the Illegal Eagles and was looking forward to it. But this afternoon I received an email from the Theatre to say they will be appearing without their orchestra, due to current Covid restrictions.

In the Theatre's small print it states that tickets will not be refunded unless a show has been cancelled. I don't really want to go without the orchestra. Any thoughts about the chances of getting a refund please? I've tried to ring the Box Office without success so far.

[New Judge]

//Any thoughts about the chances of getting a refund please?//

You appear to have answered your own question:

//In the Theatre's small print it states that tickets will not be refunded unless a show has been cancelled.//

[windywillow]

Is this a matter of interpretation though, Your Honour?

After all, half of it HAS been cancelled (sort of).

[Buenchico]

I'm fairly sure that NJ is correct (which, given the nature of his occupation, he ought to be anyway!).

However I'm wondering whether a skilled barrister might argue that it was an implied term of your contract with the theatre that the band would be supported by an orchestra (especially if such accompaniment was mentioned in their advertising for the show)?

If so, that barrister might then direct the court's attention to para 11, Schedule 1 of the Consumer Rights Act 2015 which states that "a term which has the object or effect of enabling the trader to alter the terms of the contract unilaterally without a valid reason which is specified in the contract" may be regarded as unfair.

Then, unless the theatre's small print specifies a valid form of reason for altering the contract (which embraces the absence of a supporting orchestra), it might be argued that they have broken the terms of the contract.

However, despite of the foregoing, I still feel that our imaginary barrister might be clutching at straws a bit!

[Zacs-Master]

'Is this a matter of interpretation though, Your Honour?'

yes, they'll interpret it as 'No Refund'.

[JimF]

You may find that they are replacing the orchestra with synthesisers. It won't look so impressive, but it should sound great.

[Zacs-Master]

Or they may have a backing track of the Orchestra.

[windywillow]

Thanks Chris. Just feels a bit of a let down that I booked for "The Illegal Eagles + Live Orchestra, and that's not what I'm getting.

A live orchestra is phenomenal IMO, that's what attracted me to the show. Without the live orchestra? Karaoke comes to mind. :0(

[Tilly2]

Hotel California will sound just as good. Go for it!

[windywillow]

Oops, sorry, didn't see the other answers while I was replying to Chris.

Thanks for replies, all.

[JimF]

Absolutely! Not every Eagles song has orchestral backing, especially the early stuff. Take It Easy, Life in the Fast Lane, Witchy Woman etc.

[windywillow]

Okay, will give it a go.

Thanks all.

[gness]

I understand your point, Windy. What you have paid for isn't happening but they'll get out of it.

That said, I have seen the Illegal Eagles twice without an orchestra and they were fantastic.
Hope you enjoy it.

[New Judge]

//However, despite of the foregoing, I still feel that our imaginary barrister might be clutching at straws a bit!//

I think so too, Chris. On that basis you could demand a refund if the star of a show you go to see is replaced by an understudy (which happens quite often).

[windywillow]

Thanks Gness, I was very disappointed earlier but I'm looking forward to it again now.

[gness]

That's good, Windy. Hope you enjoy as much as we did.

[windywillow]

Cheers G. x