Out-Law News 2 min. read
22 Apr 2009, 10:17 am
The Unfair Terms in Consumer Contract Regulations (UTCCRs) outlaw the use of terms in standard consumer contracts that are unfair. The regulations apply to consumer contracts because these are usually not negotiated and if a consumer wants to buy goods or services they have to accept the pre-stated terms.
Manchester United Football Club (MUFC) has agreed to change the terms under which it sells a season ticket, which is a bulk purchase of tickets to a club's home games for one season.
Fan group the Manchester United Supporters' Trust (MUST) complained to the OFT about season ticket terms and conditions. MUST said that MUFC's season tickets imposed an obligation on holders to buy a ticket for every home cup tie over and above the season ticket cost, which covered league games. But it did not guarantee a home cup ticket.
"Whilst MUFC oblige the Season Ticket holder to purchase a ticket for each home Champions League and FA Cup game, MUFC is not committing itself to provide such tickets," said its complaint to the OFC. "Season Ticket holders were forced to pay for the earlier less important matches but for two of the biggest home cup games of the [2007/2008] season they were not allowed access to the stadium."
MUFC has now agreed to change the terms to guarantee every season ticket holder a seat at every home and cup game.
If fans' season tickets are cancelled because they have failed to pay for cup games, the season ticket's terms now make it clear that they will be given a pro rata refund of league match payments.
MUST also complained that the nature of cup competitions and the compulsory purchase conditions meant that the actual cost of a season ticket was not clear. It would be highest in a season when the club proceeded to the final of the three cups it enters: the League Cup, the FA Cup and the Champions League.
"The consumer is essentially forced to sign a blank cheque for the club, which could cost them as little as £144 per season, or as much as £502," said MUST's complaint.
The club has agreed to give more information about the compulsory cup ticket purchase scheme, allowing fans at least to know what the potential maximum cost of a season ticket is.
"We have made the necessary changes for next season to avoid the situation where holders of One Year Season Tickets were not guaranteed tickets for some cup games. While the number potentially affected was small, we accept that all Season Tickets should come with that guarantee in future," said MUFC chief operating officer Michael Bolingbroke.
"Most of the other changes to terms and conditions reflect existing practice, but their inclusion in the terms provides fans with greater reassurance and transparency," he said
"These changes greatly improve the protection for season ticket holders at all stages of the process, from upfront transparency on potential costs, to a guarantee of a ticket to all home games in all competitions," said OFT head of consumer protection Mike Haley.