The company behind Miami’s Ultra Music Festival is being sued over its alleged refusal to offer cash refunds to customers who bought tickets for the 2020 event.
Ultra Enterprises, which runs the annual Miami gathering and other Ultra music events globally, is claimed by plaintiffs Samuel Hernandez and Richard Montoure to have insisted on customers transferring their tickets to either the 2021 or 2022 edition.
The festival was scheduled for March 20-22 but was called off in early March due to the worsening coronavirus pandemic.
The proposed lawsuit, IQ writes, which was filed in the US district court for southern Florida, accuses Ultra Enterprises of conversion and unjust enrichment. The claimants argue that Ultra’s alleged position is based on “impermissible ticket contract terms”.
According to Law360, Ultra’s terms and conditions say it reserves the right to issue a full or partial refund or no cash refund at all.
But Hernandez and Montoure’s lawsuit claims that Ultra’s alleged position to reserve the right to keep money paid for tickets regardless of whether it puts on the show is “essentially (and impermissibly) rendering its obligations under the [T&Cs] illusory, and the agreement itself an unenforceable unilateral option contract.”
Hernandez had asked for refunds on four of six tickets he bought for a total of US$3,000 (£2,430). Montoure sought a refund of two three-day passes he purchased for about $1,000 (£810).
NME has contacted Ultra Music Festival for comment.
Check out the latest updates for cancellations during COVID-19 here.