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Italian fans are very angry!

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Last post 18/12/2020

Posted by Kimsey

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      Received an answer from D'Alessandra e Galli from my facebook message basically laughing and saying tough luck!

      I found another possible contact for the EU Trade Comission:

      https://ec.europa.eu/trade/trade-policy-and-you/contacts/online-enquiry/

      Don't know if that will be of help but worth a try. aLet's keep the pressure on!

        gianna wrote: Today no news on the newspapers about the revoke the issue of the voucher, but the Italian antitrust authority has stated that it will intervene to ensure the correct application of the provisions of Community source by disapplying the national legislation contrasting them

        I hope they will really intervene and force those companies to give us real refunds, not vouchers. Before the pandemic, what did the local promoter (and TicketOne) usually do when a concert was cancelled? I'm assuming there were no vouchers back then, so they had to offer refunds.

          bernie1cat wrote:

          Just curious. Does Italian or EU law contain a provision or something similar for what we call in the US a class action law suit that would be applicable?

          In Italy there is no Class Action like that of the United States which extends the benefits of a sanction, obtained by a few or even a single individual, to all citizens who prove that they are in the same conditions as the applicants.

          In Italy there is a law, approved in 2010, which resembles Class Action, but with strong limitations compared to the latter, with few achievable objectives, expensive for the applicant's obligation to advertise the action taken, with a complicated weighting in the procedures for which it is very preferable to use an old law known as Azione collettiva.

            5th-beatle wrotegianna wrote:

             Today no news on the newspapers about the revoke the issue of the voucher, but the Italian antitrust authority has stated that it will intervene to ensure the correct application of the provisions of Community source by disapplying the national legislation contrasting them

            I hope they will really intervene and force those companies to give us real refunds, not vouchers. Before the pandemic, what did the local promoter (and TicketOne) usually do when a concert was cancelled? I'm assuming there were no vouchers back then, so they had to offer refunds.

            You are right. Before the virus, the promoters reimbursed the ticket without difficulty

              ALTROCOSUMO is an italian consumer associaton. Here the link of its petition. Sign it, please. Thank you!   

              https://www.altroconsumo.it/azioni-collettive/rimborsi-concerti?fbclid=IwAR2Lgqrv_RBLW0Qw_EmPuUI-0aoBjIYCTalzTz_b6p_tg857ShurWobJZNU

                gianna wrote:

                ALTROCOSUMO is an italian consumer associaton. Here the link of its petition. Sign it, please. Thank you!   

                https://www.altroconsumo.it/azioni-collettive/rimborsi-concerti?fbclid=IwAR2Lgqrv_RBLW0Qw_EmPuUI-0aoBjIYCTalzTz_b6p_tg857ShurWobJZNU

                I signed it and urge others to do so since the total so far is less than 300. One hiccup was that it required a phone number in Italy, or maybe just a European format...I just used the number of the first hotel I had to cancel  :-(

                 

                  kitty55d wrote:

                  gianna wrote:

                  ALTROCOSUMO is an italian consumer associaton. Here the link of its petition. Sign it, please. Thank you!   

                  https://www.altroconsumo.it/azioni-collettive/rimborsi-concerti?fbclid=IwAR2Lgqrv_RBLW0Qw_EmPuUI-0aoBjIYCTalzTz_b6p_tg857ShurWobJZNU

                  I signed it and urge others to do so since the total so far is less than 300. One hiccup was that it required a phone number in Italy, or maybe just a European format...I just used the number of the first hotel I had to cancel  :-(

                   

                   

                   

                    gianna wrote:

                    ALTROCOSUMO is an italian consumer associaton. Here the link of its petition. Sign it, please. Thank you!   

                    https://www.altroconsumo.it/azioni-collettive/rimborsi-concerti?fbclid=IwAR2Lgqrv_RBLW0Qw_EmPuUI-0aoBjIYCTalzTz_b6p_tg857ShurWobJZNU

                    Signed

                      bernie1cat wrote:

                      gianna wrote:

                      ALTROCOSUMO is an italian consumer associaton. Here the link of its petition. Sign it, please. Thank you!   

                      https://www.altroconsumo.it/azioni-collettive/rimborsi-concerti?fbclid=IwAR2Lgqrv_RBLW0Qw_EmPuUI-0aoBjIYCTalzTz_b6p_tg857ShurWobJZNU

                      Signed

                        It's a satirical newscast, and this evening they talked  about the vouchers.

                        https://www.mediasetplay.mediaset.it/video/striscialanotizia/concerti-annullati-lantitrust-boccia-i-voucher_F309939901216C05?fbclid=IwAR06vIdsOuhJXkjiuPF7ax1yAKuNahoivY_NK19NSF2XcvrFE-wcxV7X4BU

                          I have today received a response from a lawyer acting on behalf of the event organiser. I will follow up and keep you updated.

                            JonathanM1989 wrote:

                            I have today received a response from a lawyer acting on behalf of the event organiser. I will follow up and keep you updated.

                            We appreciate it. If you don't mind my asking, how did you manage to get in touch with that lawyer and what did he/she say so far?

                              Even angrier now. In response to my request to the promoter for a refund to the manner in which I paid, since I can't use a voucher, I received the following response. May be the same message Jonathan mentioned.

                              • I send this letter in the name and on behalf of Di and Gi srl, in person of legal

                                representative pro tempore, Mr. Domenico D'Alessandro, to signify that the refund re-

                                quest you have sent to info@dalessandroegalli.com will be processed within the

                                terms and in the manner provided by current italian legislation, by issuing a voucher

                                for the amount corresponding to the purchase orders you made for tickets of McCart-

                                ney concert, to spend in the following 18 months from the issue, for any other event

                                organized by Di and Gi s.r.l. in Italy.

                                Italian Government has apporved for vouchers as extraordinary measures in

                                support of sector operators, as the only form of ticket's refund purchased by users for

                                all musical events which will no longer be possible carry out due to the restrictions

                                imposed by the current health emergency.

                                Paul McCartney concert scheduled in Naples for June 10 2020 and in Lucca

                                for June 13 2020 is part of the list of events deleted due to the effects deriving from

                                pandemic situation from Covid 19 and, therefore, from the decree - law May 16,

                                2020 n. 33, from the Prime Ministerial Decree of May 17, 2020 and of art. 88, Decree

                                - law March 17, 2020, n. 18, converted in law April 24, 2020 n. 27, most recently

                                changed by decree-law May 19, 2020 n. 34, by virtue of which making available of

                                the voucher fulfills organizer's refund obligations and it imposing itself on the

                                buyer, not requiring his acceptance.

                              • Therefore, you can consult the company website www.dalessandroegalli.com

                                and to follow the instructions indicated therein to proceed with the request for the

                                vouchers to which you are entitled for the tickets you have purchased.

                                In the hope of having dispelled all your doubts, I extend cordial greetings.

                                I would have hoped we would have heard something from Paul's camp by now as they are most assuredly aware. Maybe Paul could refund us all personally???

                                Seriously, I hope to hear something soon before it's too late to file a travel insurance claim which, as I've said, probably wouldn't cover this anyway.

                                  kitty55d wrote:

                                  Even angrier now. In response to my request to the promoter for a refund to the manner in which I paid, since I can't use a voucher, I received the following response. May be the same message Jonathan mentioned.

                                  • I send this letter in the name and on behalf of Di and Gi srl, in person of legal

                                    representative pro tempore, Mr. Domenico D'Alessandro, to signify that the refund re-

                                    quest you have sent to info@dalessandroegalli.com will be processed within the

                                    terms and in the manner provided by current italian legislation, by issuing a voucher

                                    for the amount corresponding to the purchase orders you made for tickets of McCart-

                                    ney concert, to spend in the following 18 months from the issue, for any other event

                                    organized by Di and Gi s.r.l. in Italy.

                                    Italian Government has apporved for vouchers as extraordinary measures in

                                    support of sector operators, as the only form of ticket's refund purchased by users for

                                    all musical events which will no longer be possible carry out due to the restrictions

                                    imposed by the current health emergency.

                                    Paul McCartney concert scheduled in Naples for June 10 2020 and in Lucca

                                    for June 13 2020 is part of the list of events deleted due to the effects deriving from

                                    pandemic situation from Covid 19 and, therefore, from the decree - law May 16,

                                    2020 n. 33, from the Prime Ministerial Decree of May 17, 2020 and of art. 88, Decree

                                    - law March 17, 2020, n. 18, converted in law April 24, 2020 n. 27, most recently

                                    changed by decree-law May 19, 2020 n. 34, by virtue of which making available of

                                    the voucher fulfills organizer's refund obligations and it imposing itself on the

                                    buyer, not requiring his acceptance.

                                  • Therefore, you can consult the company website www.dalessandroegalli.com

                                    and to follow the instructions indicated therein to proceed with the request for the

                                    vouchers to which you are entitled for the tickets you have purchased.

                                    In the hope of having dispelled all your doubts, I extend cordial greetings.

                                  Yes, this is the letter I received.  I've replied and asked for a response within 10 working days.  I'll keep you updated.  

                                    JonathanM1989 wrote:

                                    kitty55d wrote:

                                    Even angrier now. In response to my request to the promoter for a refund to the manner in which I paid, since I can't use a voucher, I received the following response. May be the same message Jonathan mentioned.

                                    • I send this letter in the name and on behalf of Di and Gi srl, in person of legal

                                      representative pro tempore, Mr. Domenico D'Alessandro, to signify that the refund re-

                                      quest you have sent to info@dalessandroegalli.com will be processed within the

                                      terms and in the manner provided by current italian legislation, by issuing a voucher

                                      for the amount corresponding to the purchase orders you made for tickets of McCart-

                                      ney concert, to spend in the following 18 months from the issue, for any other event

                                      organized by Di and Gi s.r.l. in Italy.

                                      Italian Government has apporved for vouchers as extraordinary measures in

                                      support of sector operators, as the only form of ticket's refund purchased by users for

                                      all musical events which will no longer be possible carry out due to the restrictions

                                      imposed by the current health emergency.

                                      Paul McCartney concert scheduled in Naples for June 10 2020 and in Lucca

                                      for June 13 2020 is part of the list of events deleted due to the effects deriving from

                                      pandemic situation from Covid 19 and, therefore, from the decree - law May 16,

                                      2020 n. 33, from the Prime Ministerial Decree of May 17, 2020 and of art. 88, Decree

                                      - law March 17, 2020, n. 18, converted in law April 24, 2020 n. 27, most recently

                                      changed by decree-law May 19, 2020 n. 34, by virtue of which making available of

                                      the voucher fulfills organizer's refund obligations and it imposing itself on the

                                      buyer, not requiring his acceptance.

                                    • Therefore, you can consult the company website www.dalessandroegalli.com

                                      and to follow the instructions indicated therein to proceed with the request for the

                                      vouchers to which you are entitled for the tickets you have purchased.

                                      In the hope of having dispelled all your doubts, I extend cordial greetings.

                                    Yes, this is the letter I received.  I've replied and asked for a response within 10 working days.  I'll keep you updated.  

                                    Who did this letter come from? Please share that contact info so more of us can write and give them grief! Thanks!

                                      Good Luck to all of you. Maybe you could sell your vouchers or are they non transferable?

                                      Good info for thinking twice, on going to any concerts in Italy in the future. Was thinking of going to one of these when I got to France and had my Euro cash card.  

                                        bernie1cat wrote:

                                        JonathanM1989 wrote:
                                        kitty55d wrote:

                                        Even angrier now. In response to my request to the promoter for a refund to the manner in which I paid, since I can't use a voucher, I received the following response. May be the same message Jonathan mentioned.

                                        • I send this letter in the name and on behalf of Di and Gi srl, in person of legal

                                          representative pro tempore, Mr. Domenico D'Alessandro, to signify that the refund re-

                                          quest you have sent to info@dalessandroegalli.com will be processed within the

                                          terms and in the manner provided by current italian legislation, by issuing a voucher

                                          for the amount corresponding to the purchase orders you made for tickets of McCart-

                                          ney concert, to spend in the following 18 months from the issue, for any other event

                                          organized by Di and Gi s.r.l. in Italy.

                                          Italian Government has apporved for vouchers as extraordinary measures in

                                          support of sector operators, as the only form of ticket's refund purchased by users for

                                          all musical events which will no longer be possible carry out due to the restrictions

                                          imposed by the current health emergency.

                                          Paul McCartney concert scheduled in Naples for June 10 2020 and in Lucca

                                          for June 13 2020 is part of the list of events deleted due to the effects deriving from

                                          pandemic situation from Covid 19 and, therefore, from the decree - law May 16,

                                          2020 n. 33, from the Prime Ministerial Decree of May 17, 2020 and of art. 88, Decree

                                          - law March 17, 2020, n. 18, converted in law April 24, 2020 n. 27, most recently

                                          changed by decree-law May 19, 2020 n. 34, by virtue of which making available of

                                          the voucher fulfills organizer's refund obligations and it imposing itself on the

                                          buyer, not requiring his acceptance.

                                        • Therefore, you can consult the company website www.dalessandroegalli.com

                                          and to follow the instructions indicated therein to proceed with the request for the

                                          vouchers to which you are entitled for the tickets you have purchased.

                                          In the hope of having dispelled all your doubts, I extend cordial greetings.

                                        Yes, this is the letter I received.  I've replied and asked for a response within 10 working days.  I'll keep you updated.  

                                        Who did this letter come from? Please share that contact info so more of us can write and give them grief! Thanks!

                                        I think it's from  the lawyer of the D'Alessandro&Galli, the italian promoter. Is it right, Kitty55d?

                                        avv. Giulia Menicucci

                                        Lung'Arno Mediceo, 40

                                        56127 PISA

                                        menicucci.giulia@gmail.com

                                         

                                         

                                          love2travel wrote:

                                          Good Luck to all of you. Maybe you could sell your vouchers or are they non transferable?

                                          Good info for thinking twice, on going to any concerts in Italy in the future. Was thinking of going to one of these when I got to France and had my Euro cash card.  

                                           Italians are not all like D'A&G. surprise You can find cheaters all over the world!!!

                                          The vouchers are transferable.

                                            I suggest to write to D'A&G to ask for the refund of the tickets, before asking the voucher.

                                            diandgi@pec.dalessandroegalli.com

                                            It's better if you write by a certified e-mail.

                                             

                                            Below the certified e-mail i wrote today:

                                             

                                             

                                                                                Spett.le D’Alessandro&Galli

                                                                                                  Via dei girasoli, 30

                                                                                                  55041 Lido di Camaiore                                                              ( Lucca)

                                                                                            Via pec:                                                                 diandgi@pec.dalessandroegalli.com

                                             

                                            e         

                                             

                                                                 Spett.le Ticketone Spa

                                                                  Via Vittor Pisani, 19

                                                                  20124 Milano                                                        legale@pec.ticketone-pec.it

                                             

                                             

                                             

                                            Oggetto: richiesta di rimborso in termini monetari per i biglietti ID Ordine N..., ordine acquistato in data.../ .../2019. tramite TicketOne, Fattura N.... per il concerto del 13/06/2020 Lucca Summer Festival PAUL McCARTNEY

                                             

                                             

                                            Con la presente la sottoscritta,....., 

                                            residente in .....

                                                                       chiede il rimborso 

                                            in termini monetari del biglietto, pari ad un importo di € ...., acquistato tramite TicketOne in data../../ 2019, ID ORDINE N..., FATTURA N......, intestato a ...... relativo al concerto di Paul McCartney che avrebbe dovuto aver luogo a Lucca, in occasione del Lucca Summer Festival, in data 13/06/2020.

                                            A causa della situazione di emergenza sanitaria internazionale, che si è venuta a creare a causa della pandemia per Covid 19, è stato da voi comunicato ufficialmente l’annullamento, e NON il rinvio, del concerto de quo rinviando alle vigenti normative di legge per ciò che concerne le modalità di rimborso.

                                            A tal proposito il DL del 17/03/2020 ed il successivo DL Rilancio pubblicato in data 15/03/2020, recanti disposizioni e misure per il settore cultura, prevedono il rimborso attraverso l’erogazione di voucher di pari importo al titolo di acquisto da utilizzare entro 18 mesi dall’emissione.

                                            Ebbene tale modalità di rimborso non può essere accettata comportando di fatto una penalizzazione per il consumatore che si vedrebbe costretto ad accettare un’unica forna di ristoro.

                                            L’annullamento dell’evento ha di fatto provocato la risoluzione del contratto, concluso in data ..../.../2019 nelle modalità descritte al capo 3) ai sensi dell’art. 1458 c.c. facendo maturare il diritto del sottoscritto alla restituzione di quanto versato in esecuzione del contratto.

                                            Le modalità di rimborso mediante voucher previsto dall’art. 88 del Decreto Legge 18 del 17 marzo 2020 ( convertito in legge il 24 aprile 2020) viola gravemente le condizioni generali di contratto vigenti al momento della stipula dello stesso ed è contrastante con i diritti basilari del consumatore riconosciuti anche in sede comunitaria.

                                            Inoltre le modalità indicate da TicketOne risultano essere addirittura vessatorie, essendo state predisposte unilateralmente senza alcuna approvazione da parte della sottoscritta.

                                            Si sottolinea che in un caso analogo (quello del rimborso dei viaggi annullati a causa della pandemia), la Commissione Europea  ha fortemente raccomandato agli stati membri di offrire libertà di scelta fra rimborso in termini monetari e voucher, ammettendo implicitamente l’illegittimità della pratica  del voucher obbligatorio con cui si vorrebbero penalizzare in maniera inaccettabile gli utenti degli eventi musicali dal vivo.

                                            Tutto ciò premesso, con la presente la sottoscritta ...

                                                                         Vi invita e diffida 

                                            a corrispondere il rimborso monetario della somma versata, pari a € ...., tramite l’emissione di un assegno circolare intestato all’istante o accredito al seguente IBAN . ...

                                            con espressa riserva, in caso di mancato positivo riscontro alla presente, di adire la competente Autorità Giudiziaria per la tutela dei propri diritti. 

                                            La presente vale anche ai fini dell’interruzione dei termini per la richiesta di rimborso mediante l’emissione di voucher.

                                            Da valere quale diffida e messa in mora a tutti gli effetti di legge. 

                                            Distinti saluti, 

                                                                

                                             

                                                                              ......, 3 giugno 2020

                                             

                                            Allegato: fattura di acquisto di n. ...  biglietti 

                                             

                                             

                                             

                                             

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