Perspective | The Rights Protection Path for Malicious Order Cancellations of Concert Tickets Purchased on Second-Hand Trading Platforms
Published:
2025-03-03
Less than three hours before the performance, the ticket I bought on Xianyu was maliciously canceled, leaving only a cold statement on the page: "The seller has closed the order, and the payment has been refunded through the original route." The performance I had been looking forward to has now turned into a bubble, and the travel expenses, accommodation fees, and other costs incurred for this are wasted. The second-hand ticket trading has gradually become a lawless land for harvesting consumers.
Less than three hours before the performance starts, the ticket purchased on Xianyu was maliciously canceled, leaving only a cold statement on the page: "The seller has closed the order, and the money has been refunded through the original route." The long-awaited performance has now turned into a bubble, and the travel expenses, accommodation fees, and other costs incurred for this have all been wasted. The second-hand ticket trading has gradually become a lawless place for harvesting consumers.
1. The Universality of the Problem
In recent years, as the concert and music festival markets continue to thrive, the difficulty of grabbing tickets has become a very common phenomenon. Therefore, second-hand platforms have become popular channels for purchasing tickets, but the hidden "malicious cancellation" traps behind them have caused consumers to frequently step on landmines.
The situation at the beginning of the article is something I personally experienced not long ago. A popular band came to Jinan for a tour, and since it was the only tour stop in the north for this band, the tickets for the performance were sold out early. Many fans who wanted to be present at the scene could not purchase primary tickets on the official ticketing platform and had to choose to buy second-hand tickets at a markup on platforms like Xianyu and Ferris Wheel. The tickets for this performance were in the form of electronic tickets, and buyers needed to log in to the seller's ticketing app account before entering the performance, using a dynamic QR code for entry. Many fans from outside the area (some even from Xinjiang, Gansu, and other places) had bought second-hand tickets weeks before the performance and had also booked train or flight tickets to Jinan and accommodation.
However, on the day of the performance, the price of second-hand tickets suddenly skyrocketed, with prices reaching three to four times the original price at their peak. Many scalpers on second-hand platforms believed that the previously sold ticket prices were too low and unilaterally canceled the orders, re-listing them at exorbitant prices or selling multiple tickets for one. In the fan group, dozens of buyers encountered the same problem, but almost all of them bore the losses caused by malicious order cancellations alone due to ignorance of the law and fear of trouble. Such cases exposed by victims on various social platforms are not uncommon.
2. Relevant Judicial Cases
Case Summary:Zhang posted a product link on a second-hand trading platform to sell a certain celebrity's concert box tickets. Liu purchased two tickets from Zhang for his partner and daughter. Zhang informed that after placing the order and making the payment, the tickets would be reserved, and since the tickets are special goods with a time limit, they are non-refundable and non-exchangeable once sold. Liu did not raise any objections and made the payment. Zhang informed Liu to pick up the tickets at the agreed location on the morning of the concert. On the day of the concert, Liu, along with his partner and daughter, arrived at the destination by high-speed train and had already booked a hotel. However, when Liu contacted Zhang, Zhang informed Liu that he had not received the tickets, unilaterally closed the transaction, and refunded Liu. Liu's partner and daughter ultimately could not watch the concert.
Liu then demanded that Zhang pay a penalty and compensate for his losses. Zhang believed that he had repeatedly reminded Liu of the risks of picking up tickets and refused to pay the penalty, so Liu took the case to court.
Judgment Result:The online transaction contract signed by Liu and Zhang reflects the true intentions of both parties and is legal and valid. Both parties should perform according to the contract. Zhang failed to deliver the goods to Liu as agreed,which constitutes a breach of contract, and he does not have the right to unilaterally terminate the contract.Since the parties did not agree on a penalty when entering into the contract, the court does not support Liu's claim forpenalty.However, Liu incurred direct losses such astransportation fees and accommodation fees to watch the concert, and Zhang should compensate.
(Published on the Tianjin High Court's official account"Who will bear the costs incurred for not being able to see the concert of the 'idol'?")
3. Legal Basis
Article 509 of the Civil Code of the People's Republic of China Parties shall fully perform their obligations as agreed. Parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality according to the nature, purpose, and trading habits of the contract...
Article 577 of the Civil Code of the People's Republic of China If one party fails to perform its contractual obligations or performs them in a manner that does not conform to the agreement, it shall bear the liability for breach of contract, including continuing to perform, taking remedial measures, or compensating for losses.
Interpretation of the Supreme People's Court on the Application of Law in the Trial of Disputes over Sales Contracts (Revised in 2020) Article 22 If one party to a sales contract breaches the contract and causes losses to the other party, and the other party claims compensation for lost profits, the people's court shall determine the scope of liability for breach of contract based on the party's claims, in accordance with Articles 584, 591, 592 of the Civil Code, and Article 23 of this interpretation.
4. Regarding whether the seller can be required to refund one and compensate three in such transactions.
Scholarly opinions believe that according to Article 55 of the Consumer Rights Protection Law of the People's Republic of China, triple compensation refers to the situation where the operator infringes on the legitimate rights and interests of consumers. When consumers claim compensation, the operator shall compensate three times the price of the goods purchased or the service fee received. This article also sets a minimum compensation standard, stating that if the amount of "triple compensation" is less than five hundred yuan, the compensation amount shall be five hundred yuan. The subject entitled to claim "refund one and compensate three" is the consumer who purchases, uses goods, or receives services for living consumption needs. The object of the consumer's claim for "refund one and compensate three" is the operator.
Therefore, whether the buyer can claim a refund and triple compensation depends on whether the seller has the intention to sell goods for profit on a continuous basis. If there is evidence proving that the buyer has this intention, even if they claim to sell second-hand items, but in reality, they are selling a large quantity of a certain item, exceeding the normal handling of general second-hand products in terms of quantity and price, then the seller can be identified as an operator. For example, continuously and non-accidentally selling various types and quantities of tickets for profit. Conversely, if the seller is only selling one ticket they own and not selling in large quantities, thenthe seller does not have the intention to sell goods for profit on a continuous basis and is not considered an operator.
Path to Rights Protection
1. Timely preserve evidence.After the seller maliciously cancels the order, promptly take screenshots of order details, chat records, payment receipts, travel expense receipts, and other evidence.
2. Negotiate with the seller and the platform.Inform the seller of clear demands (such as refund + compensation), and if necessary, ask the platform's customer service to intervene, trying to negotiate a solution with the seller and the platform. In addition, it is important to insist on communicating within the trading platform while avoiding excessive emotional reactions.
3. Judicial litigation.If negotiations with the seller fail, consider taking legal action. However, since the subject matter of most such lawsuits is relatively low, in order to save on litigation costs and improve efficiency, buyers can choose to use small claims procedures + online hearings for litigation.
V. Conclusion
As mentioned earlier, many buyers who encounter such situations choose to suffer in silence due to concerns about trouble and high costs, which in the long run allows the seller's arrogance to go unchecked. Every act of defending rights is not only a defense of personal interests but also a correction of market chaos. It is recommended that buyers, while taking legal action, unite with other victims to share a blacklist of sellers' information, using community power to reduce the risk of future ticket purchases. In addition, it is urged that second-hand trading platforms strengthen their governance systems and take measures such as reducing traffic rights or banning sellers who frequently cancel orders.
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