Shanghai concertgoers get refunds for views blocked by pillars

The organizer of Malaysian singer Fish Leong's Shanghai concert has been ordered to refund some ticket fees in tiers, with the maximum refund reaching 70 percent of the original price, after nine fans sued, claiming their views at the concert were blocked by pillars and demanding refunds, the Minhang District People's Court in Shanghai said in a ruling issued on Thursday.

The nine plaintiffs, who purchased tickets ranging from 999 yuan (US$137.60) to 1,299 yuan to attend the concert on May 20 and 21, 2023, claimed that their views were obstructed by pillars surrounding the stage during the concert without being informed in advance, and they had failed to reach an agreement with the organizer on compensation.

Each filed a lawsuit against the concert's organizer, the Shanghai Morefun entertainment company, and the court decided to consolidate the nine lawsuits for joint proceedings.

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The nine plaintiffs demanded a refund of the original ticket price, along with punitive compensation amounting to three times the ticket cost. They contended that the organizer had failed to inform them beforehand of significant visual obstructions, accusing the defendant of fraudulent behavior and infringement of consumer rights.

The court confirmed the plaintiffs' claim that their view was obstructed. However, the existing evidence was insufficient to exclude all reasonable doubts and was not enough to determine that the defendant committed fraud.

The court believed that the defendant provided service that did not meet the agreement between the two parties, and there were obvious defects, constituting a breach of contract. Therefore, the defendant should bear the liability for breach of contract.

Since the plaintiffs did not leave the venue immediately and thus rejected the defendant's defective performance, the court expressed difficulty in supporting the plaintiff's request for a full refund and believed that a partial refund could be requested instead.

In summary, the court's first instance judgment ruled that the defendant should refund the ticket prices to the nine plaintiffs according to a tiered refund ratio, based on the individual ticket prices of 420 yuan, 650 yuan, and 910 yuan.