It looks like someone forgot the put rain or shine in the contract with the performers.
The chargeback was justified in this situation.
You can't use a clause to prevent refunds and then not expect it to be used back at you when you cancel performances.

I've had rain at Summerfest (in Milwaukee) but the stages are covered so no acts are ever canceled.

But my fiance had a similar situation not long ago. She took her mom to CountryFest a couple of years ago and some concert they went to was canceled by rain. The promoters though didn't tell people they had to go, so these people all huddled under a tiny tent covering the exits. Needless to say no one could push through the crowd to exit, and the drunken rednecks being pushed started retaliating by being complete jackasses and shoving people around. My future MIL was almost crushed. The promoter, in that case, was terribly negligent for failing to perform crowd control and for failure to honor their "rain or shine" policy as well. While my fiance did not seek a refund I really think she should have.

I haven't gone to a concert, outdoors or otherwise, in several years. I won't until TicketMaster's unfair monopoly is broken up.

Now I know some people will say that this is an abuse of the chargeback system but I respectfully disagree. Chargebacks used to be enough to force retails and merchants to provide better quality and fair service, but these days the threat is all but useless to them. While it shouldn't be a first line of defense (the OP should have tried through TM even though he would have failed, just to have that stamp in his book) the fact that he succeeded makes me happy.

Again, once the giant money-making machines that are large monopolies and faceless corporations restore customer service above profit I'll change my tune. Until then, let the chargeback be their Achilles Heel.

Unless this email is a few days old, there is no way to know if they actually "won" the chargeback or not. Most banks when you request a chargeback will automatically credit the customers account for the amount. This is done as a courtesy while the claims are issued and the merchant gets to get their say as well. The money isn't officially yours until you get the letter with their official outcome of the chargeback request.

So it is just as likely that in a week or so the credit they were issued may be removed from their account. As the merchant can fall back on the "rain or shine" and the fact that they did indeed open on Sunday just later then scheduled.

@RobThy: A quick Google search shows it was July 31, Aug 1st, and Aug 2nd. It's been more than enough time for a chargeback to be successful.

Why the heck would you willingly go to Jersey City? You know it's a horrid place because it's named after the OLD Jersey, not New Jersey.

@GitEmSteveDave_HazGreenLEDNameTag:

to answer your comment Liberty State park is a gorgeous park and overlooks manhattan, also its where you get the ferry to ellis island and the statue of liberty

A little different situation for me. I went to an electronic music festival, which was indoors.. NO problems with the venue at all. The issue was with the rules of the show. It was promoted as "BACKPACKS OKAY", but when we got there, the second the doors opened, the security staff announced that bags, backpacks, and purses would not be allowed, also no LED lights, candy, prepackaged Chapstick, or basically anything that wasnt "cash" "credit cards" or "tickets".

I bitched, complained, and was forced to pocket in my jeans EVERYTHING from a backpack that was allowed, and throw away my new bag.

After the show, I went home, called my bank, and had the charges returned. Not only was I forced to throw away half of my belongings that were PRE PACKAGED, and deemed "safe", but AFTER 2 hours of opening the show, the security staff let in EVERYONE with backpacks and bags! I found this unfair and wanted to be compensated. I got my judgement of $77 plus $10 convenience fees for this.

@RobThy: Well, in reading the first sentence of the article, or more specifically, the first seven words, I think the answer to your concern can be found.

Ben wrote in a few weeks ago...

@hkellogg: You forgot the Liberty Science Center and it's IMAX dome.

@rwalford79: You should have grabbed all the bags you could have out of the trash, and made money selling them to people going in as "approved" backpacks, and taking theirs and re-selling them. It's a perfect business!

I think the main problem was Sunday was basically canceled, and they weren't refunded their money. The ticket said "Rain or Shine". It was raining, they were there. The concert did not open its doors, so they didn't get what they paid for.

He lost me at My Bloody Valentine...

The tickets said "rain or shine", it rained, the OP and his girlfriend were prepared to go to the concert in the rain, and were consistently denied admission over a two hour period. It seems to me the couple held up their end of the deal, and the promoter welched on it (otherwise known as "broke the contract") and the couple should get their money.

And good on 'em for doing the chargeback.

If the promoter wants to say, "we'll hold the concert in all weathers, except rain in excess of X inches per hour, winds in excess of Y miles per hour, or lightning strikes within Z miles", they should be explicit - and put it on the website, the tickets, and big signs at the gates. But "rain - unless we don't like it" is nonsense.

This is wonderful.
Companies don't change or improve until failures like this cost them money. Chargebacks are stripped right out of the company's bank account (I accept Visa and Mastercard, so I know). This is the only way to teach them to do better.

"By the time we got to Woodstock, we were half a million strong."

@GTI2.0: Really? As far as I'm concerned, MBV is the only justifiable reason he presented for going to a festival like all points west.

Have you heard them? They were way ahead of their time.

This story is EXACTLY the reason I will NEVER purchase tickets to any outdoor concert. Not ever ... and not even at gunpoint. It's FAR too easy for it to be rainy and therefore unenjoyable. If you want to put on a big concert, have it indoors or under some kind of cover ... and I don't mean just for the performers and a couple of rows in front of them, I mean for everyone who shelled out money for a ticket and went to the effort of going to the venue. If a promoter or an act isn't considerate enough of its audience to do that much for them, they will never see my money.

Way to go OP. The evil that is Ticket Master must end.

I hate TicketMaster. I don't go to concerts because of them.

I'm on the fence on this one. Clearly there was a delay, but they did eventually open the doors and proceed with the show. I think there is something to be said for the fact the OP took the attitude of "it's not worth" standing in the rain and chose to go home. Granted, the communication from APW seems to have been less than stellar, though it seems that while they were waiting their two hours there was an expectation that the doors would still open and they left knowing they would eventually have gotten in, but they instead decided it wasn't worth the wait.

I'm not ready to say that the OP is wrong here, but I'm certainly not firmly in his camp.

I almost went to that show just for the chance to see My Bloody Valentine. Now I don't regret it quite so much.

@Esquire99: I believe the OP has a claim, although I'm surprised he was actually successful in pressing it. The ticket promoter promised a concert rain or shine but they did not provide a concert. At minimum several acts were cancelled, not delayed, including the act that the OP came to see, so they did not get the benefit of their bargain. I am surprised that Ticketmaster did not prevail in the chargeback, however, since surely they have verbiage in their contract to cover them in this situation. Kudos to the OP on his success.

@fantomesq: It was many hours before it went off though. You can't expect that everone would even be able to stick around. I think the tickets have a specific time for the show, with a certainty that rain will not impede that.

@oldgraygeek: Not really. I bet very few went chargeback route, if they decided to give refunds they would have lost much more money. Now a few get to that point and they give up a little. They really won the war.

That is one problem: sleaziness pays. EVEN if you get caught.

Looking at the lineup I'd love to be a Friday only person because a Tool/MBV/Gogol Bordello show for free is unbelievably amazing. Of course I'm very unimpressed with Friday's lineup (just not a hip hop or rap person and it's geared toward that heavily with the main act and some of the others), but be that as it may. But when the promoters decided to be nice to the Friday people (which I applaud them for) they shot themselves in the foot for other days - they admitted that the rain was detrimental when they were still letting people go. Therefore it must have been incredibly bad on a day when people weren't allowed in.

And good for them, charging back some of the fees as well.

Hell, the festival I went to last weekend had a no cane umbrella policy (despite being named for that type of umbrella, and being in the PNW). They saw the weather and changed their rules, and thank god for that, cuz the pit for Cold War Kids/Yeah Yeah Yeahs was a slippery fake grassy mess.

@frank64: I agree with you. That's why I believe they have a case. I'm just surprised they were successful in pressing it through Ticketmaster with a chargeback. I would have thought a small claims court case against the promoter/organizer would have been required but if the chargeback was successful then more power to them! I have to think that Ticketmaster let it slide as a nuisance payment.

@GitEmSteveDave_HazGreenLEDNameTag:
Until an emo/raver gang wises up and tries to beat you up.
(I'm not saying they would succeed, but you would be forced to go home covered in mascara and possibly some really deep scratches).

@PsiCop: @PsiCop: I totally agree here. You have to pay for other fees like parking and travelling if you are going to a concert that is farther away too that you will not get back even if they do refund your ticket or have another show to make up for the cancelled one. I know of a concert here where people paid to park then walked up to the venue and found out the concert was not going on. Some people drove 2 hours or more to get there then paid to park. There was no prior announcement or anything, they pulled the concert probably 2 hours before it was set to begin. Parking for these events is about $25 over here and it can be even more.

@frank64: At some point, rain can very well be a legitimate cause for cancellation, regardless of what the ticket says. You can't honestly expect a show to go on as expected in a category five hurricane.

Any rainfall that occurs when you don't want it to is caused by Global Warming, so I think George Bush, the Coal Industry, and Big Oil should also share some of the blame.

@mrsultana:
And lots and lots of tears...poor ravers...

@supercereal: That might be the greatest special effects for a show ever.

@coren: I miss Bumbershoot.

@fantomesq:
If acts were actually canceled, that sways me a little. However, these "Festival" type concerts are usually premised on the idea that the lineup may change. So just because you may go expecting to see 1 act, it's possible they may get canceled at the last minute and I believe the "contract" says as much.

@magic8ball: I miss the old days, when it was four days long, and when they didn't have their heads up their asses with their inconsistent bizarre policies (for example, standing out of the way near a bench - can't do that. Lining up two hours early with people holding signs that say no lines and using megaphones to reinforce that - aok)

The credit issued is called 'provisional credit' and in this instance will probably be reversed. They bought a ticket for 1 day, then went to the festival for 1 day = valid transaction. The 'free day' was not part of the original transaction, and ticketmaster WILL represent (when the merchant rebust a chargeback) and they WILL win. This is NOT a successful chargeback, just a whiny cardholder thinking they are due money that they are not, but this is why I have job security, so thank you whiny customer who feels entitled to chargeback everything under the sun...

This is NOT a successful chargeback. The guy got provisional credit, and it WILL be reversed once ticketmaster represents (rebuts the chargeback), which they have 45 days to do. This in an example of a person who feels entitled to money they do not deserve. They bought 1 ticket, and went to the festival 1 day. The 'free ticket' for Saturday or Sunday has absolutely NOTHING to do with the original transaction. People like this are why I have job security, so thank you for being a whiny, entitled sob...

@GitEmSteveDave_HazGreenLEDNameTag: My wife watches all of those "Real Housewives of [...]" shows. The New York hags hold apples for the intro splash screen, the Atlanta whores hold peaches, the Miami tramps hold oranges, and the New Jersey (Joyzee) skanks hold nothing. However, I think they should be holding pieces of garbage to promote their home state. That or be wearing gas masks.

@rwalford79: As lame as it sounds, you chose to go to the show, and chose to throw your backpack away. They didn't force you to do anything. It was stupid, and wrong of them to go against the show, but you could have chosen a different path. It's good that you got compensated though.

@madog: *stupid and wrong of them to go against their policy.

@supercereal: Maybe that's why it stated "rain or shine", not, "hurricane or deadly winds". There are unacceptable levels of rain, but they just weren't prepared for what was essentially expected. Obviously it wasn't too bad as they did eventually let people in.

@hkellogg: Is being able to see Manhatten from Jersey like looking out of a window from inside prison?

Buh Dum Psh

@madog: I live in Jersey. Except for Exit 13, the state is beautiful, and Port Newark/Elizabeth is a life line for a majority of the East Coast.

I have no sympathy for people from brooklyn.

Plus...I find it super hilarious to hear about people going to festivals to see a metal band (my bloody valentine) and paying with a chase credit card. Dude...you're so hardcore.

@madog: Ummm, the wives that hold oranges are in Orange County. That's in SoCal, not Miami. But, really, I don't think it matters. There's no real geographic difference between nouveau riche trash when it comes to the bottom line.

@baristabrawl: Ditto, you hear that concert promoters - I don't go to concerts because of Ticketmaster.

@PsiCop:

THIS.
If it's outdoors, it had better be free.

@nstonep: On what planet are the progenitors of the shoegaze movement "metal"? And even if they were (or if the OP were seeing Ozzy or something), what would constitute a suitably "hardcore" form of payment? 4 sides of leather, some speed, and 2 tons of pyramid studs?