The Drop ticketholders threaten to go to VCAT or take class action against organisers

Disgruntled ticketholders are threatening to take legal action against organisers of a Torquay music festival who have failed to give refunds almost a year after cancelling the event.

Disgruntled ticketholders are proposing to take legal action against a music festival company that has failed to provide refunds almost a year after cancelling its Torquay event.

Despite 11 months elapsing since The Drop announced the cancellation of its 2020 festival due to COVID-19, thousands of festival goers continue to wait on refunds.

The touring festival, which also cancelled three events in Queensland and Western Australia, is understood to have sold around 10,000 tickets worth more than $1m for the Torquay event.

After failed requests to Consumer Affairs Victoria (CAV) and the Australian Competition and Consumer Commission (ACCC), some ticketholders say the only option left is to go to the Victorian Civil and Administrative Tribunal or pursue class action.

The Drop Music Festival in Torquay in 2019. It was cancelled in 2020. Picture: Mark Wilson

Festival organisers told the Geelong Advertiser on Friday that refunds were not possible until its insurer paid out its claim or “other avenues” came about.

“We are working very hard and doing everything we can to make this possible, but due to many factors, that are all out of our control, we cannot give you a definitive date that refunds will be available,” they said.

“We are very aware that this is the same response we have been giving for quite some time and are painfully aware of and can only continue to apologise, for the lengthy wait for these issues to be resolved. We are taking this very seriously and are still hopeful of a positive outcome in the near future.”

Ticketholders have only received one update in the past six months, organisers in November assuring them claims with insurance entities were entering the “final stages”.

The Drop has removed its privacy policy, terms and conditions, copyright and cookie policies from its website.

A CAV spokesperson said if an event was unable to go ahead due to the coronavirus pandemic, the contract was “frustrated”.

“In these situations consumers should be offered refunds for services not provided, but the provider may deduct reasonable expenses they have already incurred,” they said.

An ACCC spokesperson said if consumers were previously informed that they would receive a refund for a cancelled event, the business was not permitted to later deny them the promised refund.

“The ACCC expects that all event organisers should be transparent about the length of time it will take to process refunds and any reasons for delays,” a spokesperson said.

The ACCC said anyone who had purchased tickets with a credit card could ask their bank about any charge back rights they may have.

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Originally published as The Drop ticketholders threaten to go to VCAT or take class action against organisers