Internet transaction concluded in Scotland but Ts&Cs say Jurisdiction is Switzerland
Hi,
First time poster here and looking for a bit of advice about a dispute I am having with a secondary ticket intermediary in respect of a resolution they forced upon me with regard to an event they claim was partially unfulfilled. This is to do with the ATP tennis final in London, to which Roger Federer pulled out of at the last minute and the resolution was to refund the buyer 60% of the value of the ticket.
This solution goes against the intermediaries own terms and conditions, which state that "When you sell tickets on ******, provided you provide the exact tickets listed for sale and the ticket Buyer successfully gains entry to the event, ***** guarantees that you will be paid for your sale". Additionally they state " All sales and bids are final. No refunds, cancellations or exchanges will be issued for date or time changes, partial performances, or lost tickets".
In this case I am the ticket seller and the buyer is an individual peer who has used the same intermediary service as me to facilitate the transaction.
The transaction was done online and as such I am hopeful that I can raise a small claim through the Scottish courts, since the contract was concluded online in my home city of Glasgow. My claim would be for full payment on the grounds that the event went ahead, since the Men's doubles final was played and then two exhibition matches were provided as a substitute for the Men's singles final.
Any responses with views as to the likelihood of my claim being successful would be very much appreciated, however my main question concerns the term and condition that says " Governing Law. This Agreement shall be governed by and interpreted in accordance with the Swiss laws. You consent to the exclusive personal jurisdiction and venue of Swiss courts".
Does this essentially mean that I would have to raise my claim in Switzerland or can it still be argued that the jurisdiction should still actually be Scotland?
Hi,
First time poster here and looking for a bit of advice about a dispute I am having with a secondary ticket intermediary in respect of a resolution they forced upon me with regard to an event they claim was partially unfulfilled. This is to do with the ATP tennis final in London, to which Roger Federer pulled out of at the last minute and the resolution was to refund the buyer 60% of the value of the ticket.
This solution goes against the intermediaries own terms and conditions, which state that "When you sell tickets on ******, provided you provide the exact tickets listed for sale and the ticket Buyer successfully gains entry to the event, ***** guarantees that you will be paid for your sale". Additionally they state " All sales and bids are final. No refunds, cancellations or exchanges will be issued for date or time changes, partial performances, or lost tickets".
In this case I am the ticket seller and the buyer is an individual peer who has used the same intermediary service as me to facilitate the transaction.
The transaction was done online and as such I am hopeful that I can raise a small claim through the Scottish courts, since the contract was concluded online in my home city of Glasgow. My claim would be for full payment on the grounds that the event went ahead, since the Men's doubles final was played and then two exhibition matches were provided as a substitute for the Men's singles final.
Any responses with views as to the likelihood of my claim being successful would be very much appreciated, however my main question concerns the term and condition that says " Governing Law. This Agreement shall be governed by and interpreted in accordance with the Swiss laws. You consent to the exclusive personal jurisdiction and venue of Swiss courts".
Does this essentially mean that I would have to raise my claim in Switzerland or can it still be argued that the jurisdiction should still actually be Scotland?
