Legal Expert Argues Punters Have A Good Case For Refunds After Bands Departed Pandemonium Line-up

18 April 2024 | 8:45 am | Mary Varvaris

Since major changes to the line-up were made, Pandemonium organisers have offered partial refunds, an extra free ticket, or an exclusive hoodie valued at $100.

Pandemonium Poster

Pandemonium Poster (Source: Supplied)

Since half the bands departed the inaugural Pandemonium Rocks line-up ten days ago, punters have been wondering if they’re eligible for refunds with the line-up changes—and in Queensland, venues.

Two of the festival’s four headliners—Deep Purple and Placebo—in addition to Dead Kennedys (who confirmed their exit independently), Gang Of FourGyroscope, and Petch are no longer on the line-up, making Pandemonium a one-stage event.

The other headliners, Alice Cooper and Blondie, are still on board to perform, with Psychedelic Furs, Wheatus, Wolfmother, Palaye Royale and Cosmic Psychos also along for the ride. Alice Cooper and Blondie affirmed their continued involvement in the festival two weeks ago, alongside word that some of the venues for the run would be changed.

After weeks of speculation of the festival’s cancellation and other dramas, organisers confirmed on 8 April that the Gold Coast show (Saturday, 27 April) has been moved from Doug Jennings Park to the Broadwater Parklands; they say this will ensure “ease of access and egress as well as accessible car parking”. The Brisbane event on Sunday, 28 April, has also been moved from the Sandstone Point Hotel to Eatons Hill Hotel.

Alongside changes to the line-up, Pandemonium organisers announced that tickets for the Melbourne, Sydney and Gold Coast editions will cost $190 ($70 less than the original price of $260), while Brisbane’s show will now cost $165 to attend.

Those who bought tickets at the original price will have three options: a partial refund of $70, an extra ticket for free, or an exclusive hoodie (said to be valued at $100), which will not be sold at the festival.

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According to an Australian Competition and Consumer Commission (ACCC) spokesperson, punters have a good chance of obtaining a full refund “if an event was significantly changed, including change to a headline act,” ABC reports.

The spokesperson told ABC, “Examples of a major change might be where the headline act at a festival is changed or where the location of a show is changed from one city to another.”

A legal expert, Professor Therese Wilson—the Dean of Griffith Law School—commented that getting a refund would have to come down to events becoming a “major failure”, explaining that “It would be regarded as a major failure if a reasonable consumer would not have purchased the ticket if they'd known of the changes.”

Arguing that punters have a good chance of getting their money back, Wilson added, “It comes down to a question of whether that is a reasonable compensation for loss, or is this such a major failure that people really aren't getting what they paid for at all? In which case, they would be entitled to a full refund.

“I think these organisers are just desperately trying to go into some sort of damage control and see what they can salvage,” Wilson said. “I do think that there is a case that a reasonable consumer would not have purchased the tickets in the first place, given the changes that have been made.”

Ticketholders seeking refunds are advised to contact Oztix or the event organiser, Apex Entertainment, before taking the issue to a consumer protection agency or the Office of Fair Trading.

Festival organisers commented about the changes: “We have been hard at work ensuring we deliver events that provide fans with the best possible experience, and we extend our thanks to those who have patiently waited for our good news. Four festival dates, a couple of location tweaks, a formatting alteration, and one killer Newcastle sideshow will proceed later this month!

“We acknowledge the current state of the Australian economy and the cost of living crisis, of which we're constantly reminded of by the media. This cost of living crisis has impacted the live music touring industry significantly and forced many other festivals and tours, sadly, to cancel. Pandemonium is not one of those, and despite aforementioned national issues, our festival is moving forward.”

Meanwhile, those attending Pandemonium festival in Melbourne this Saturday (20 April) can check out their venue map below.