Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
A recent class action lawsuit claims that Ultra Music Festival 2020 tickets were not refunded to attendees despite the event being cancelled.
Ultra Music Festival is an electronic festival which was set to be held from March 20-22, 2020 in Miami. Unfortunately, due to the coronavirus outbreak, Ultra Enterprises Inc. and the City of Miami agreed to postpone the Ultra Music Festival 2020 to 2021.
Although these measures aim to protect attendees and the public from the coronavirus outbreak, consumers who purchased Ultra Music Festival tickets have allegedly been denied refunds.
Instead, tickets purchased for Ultra Musical Festival 2020 will reportedly be honored for the festivals held in 2021 or 2022.
Initially, the festival organizers allegedly gave attendees only 30 days to decide which festival they would like their tickets transferred to. However, this deadline has reportedly been extended “repeatedly” due to consumer reluctancy to defer their tickets instead of receiving a refund.
Were you planning to attend Ultra Music Festival 2020 or another event which was cancelled due to the coronavirus? Get legal help by clicking here.
Plaintiffs Samuel Hernandez and Richard Montoure argue in their class action lawsuit that these policies are unfair and that they and other ticket holders are owed refunds.
Hernandez says he purchased six tickets to Ultra Music Festival 2020 for around $3,000. When the festival was rescheduled to 2021, Hernandez received an email informing him that he had 30 days to defer his tickets to 2021.
However, the plaintiff was allegedly unwilling to do so and instead contacted Ultra Enterprises for a refund via email, having been unable to find a telephone number.
Days after sending the email, the festival organizer reportedly responded to his email but ignored his refund request. Instead, the company directed him to “fill out the form found in the email [he] received earlier this week to confirm the package of benefits that are being offered.”
A few days later, Hernandez tried to compromise with the company, informing them that he “WILL NOT accept for the 4 tickets that should have never been passed due to incorrect billing address. I ask to find compromise in refunding my 4 and ill accept the 2 other.”
Although he has deferred two of his Ultra Music Festival tickets out of fear of losing the entire value of his tickets, the remaining tickets have allegedly not been refunded to him.
Montoure says he had a similar experience after purchasing two general admission passes to the festival for more than $1,000. When the Ultra Music Festival 2020 was rescheduled, the plaintiff allegedly tried to contact Ultra Enterprises for a refund but was rebuffed.
Although he claimed his “benefits” for future festivals in early April, Montoure says this was only done out of a fear of losing the value of his Ultra Music Festival tickets. He argues he should instead be given the option to recover a refund for these tickets.
The plaintiffs note that the Ultra Music Festival Ticketing Terms and Conditions state that the organizer “may, in its sole and absolute discretion elect to either issue a full or partial refund to Purchaser, not issue any refunds, or reschedule the Event.”
The terms also give Ultra Enterprises the right to “modify, add, remove, supplement, amend, update or revise any of [the] terms and conditions, without advanced notification to” the customer.
Although this provision aimed to protect Ultra Enterprises from having to issue refunds to ticket holders, the plaintiffs claim that these terms are unenforceable because they essentially shirk any liability or obligations.
“Through the refund provision, Ultra purports to reserve to itself the right to retain any and all monies paid for tickets regardless of whether Ultra elects to put on the festival, essentially (and impermissibly) rendering its obligations under the TT&C illusory and the agreement itself an unenforceable unilateral option contract,” the Ultra Music Festival 2020 class action lawsuit argues.
“Ultra failed to provide any limitations on its right to modify the contract with consumers, thereby rendering the TT&C illusory and void in their entirety.”
The plaintiffs seek to represent a national Class of consumers who purchased Ultra Music Festival tickets for the 2020 event. Alternatively, if the court denies this Class, the plaintiffs seek to represent two state Classes of ticket holders from Florida and Washington, respectively.
Plaintiffs and the proposed Class are represented by Adam M. Schachter of Gelber Schachter & Greenberg PA; Bryan L. Clobes and Daniel O. Herrera of Cafferty Clobes Meriwether & Sprengel LLP; and Joseph G. Sauder of Sauder Schelkopf LLC.
The Ultra Music Festival 2020 Class Action Lawsuit is Hernandez, et al. v. Ultra Enterprises Inc., Case No. 1:20-cv-22185, in the U.S. District Court for the Southern District of Florida.
Join a Free Coronavirus Failure to Refund Class Action Lawsuit Investigation
If you are still being charged for a flight, event or service even though it was canceled due to the 2019 Novel Coronavirus public health emergency, you may be entitled to compensation.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
