No refund? Not so fast! Attorney says policy does not end BZR ticket holders’ options

Attorney-at-law Terri-Ann Guyah Tolan is challenging the notion that ticket holders for BZR WKND (Bizarre Weekend) 2026 have no recourse if they are dissatisfied with changes to the event’s advertised line-up.

Guyah Tolan is prepared to take her issue with the organisers to the Fair Trading Commission (FTC) and, if need be, go beyond that to secure a refund for the four tickets she purchased for the event. The FTC is the administrative body responsible for implementing the Fair Competition Act (FCA). The four-day BZR WKND was set to feature rapper Cardi B as headliner for the October 18 Cardi B & Friends Live. However, it was announced on Thursday that she would no longer appear.

Guyah Tolan told THE STAR that though some have cited a no-refund policy attached to the event, that does not mean that ticket holders should walk away empty-handed.

“A ‘no refund’ statement does not automatically override applicable consumer protection law, so I want to make that clear. The fact that somebody has put up ‘no refunds’ does not automatically deny you from being able to engage consumer protections under the law. I believe on the flyers, they had said rain or shine, the party is keeping, and as far as we are aware right now, the event is still keeping, so it has not been cancelled, which is important. So, the fact that there is a no-refunds policy and the event has not been cancelled does not mean that there is no recourse under the law,” she said.

Consumers purchase tickets, she stated, based on the performers who are advertised, particularly the headliner.

“Now we know that, in this case, the event is titled Cardi B and Friends. When the tickets were first released, we only knew of Cardi B being the headliner. All marketing material has Cardi B on it. We were told of the Bardi Zone, the Cardi Zone and the Cardi B VIP, so the entire event is carefully curated around Cardi B. In those instances, patrons have made an informed decision to purchase a ticket because her appearance at the show was a material feature,” she said.

“Now, the fact that you have a refund policy does not mean that Section 37 of the Fair Competition Act, which governs misleading advertising, is not applicable here. In fact, what Section 37 seeks to protect is that where an advertisement may be deemed to be misleading, if it is the principal or primary purpose for which a customer’s purchasing decision is made,” she said.

Guyah Tolan, who has been a practising corporate and commercial attorney for more than 13 years, further stated that misleading advertising for concert performers can have serious legal consequences in Jamaica and that there is actual judicial precedent for it. A Supreme Court judgment in which a concert promoter advertised several artistes who ultimately did not perform was handed down some years ago, and the FTC brought the proceedings before the court under Section 37 of the FCA. The Supreme Court later found that the promoter had breached the prohibition against misleading advertising and imposed a penalty.

Guyah Tolan’s recommendation to patrons who have already bought tickets is to act now.

“They must look for all of the advertising material, the emails that were sent, the ticket invoice, the receipt and the transaction on your credit card statement. You’re going to save a copy of the original event advertising naming Cardi B as a headliner. If you go on the website now, the event still says Cardi B and Friends, so take a screenshot,” she said.

“After you have gathered this, you’re gonna write to the ticket seller or merchant at the email address on the invoice and request a cancellation of your tickets and a refund, explaining that the advertised headliner has withdrawn,” she added.

Another option she shared is to contact their bank. Lastly, she advised disgruntled ticket holders to make a complaint to the FTC which will assess the complaint and investigate.

“Note, while these are considered viable options, redress is not guaranteed,” she said.

Moving forward, the attorney advises consumers to read all terms and conditions carefully for future events.

“Look out for cancellation, postponement, performance, substitution and refund provisions. Now, if it looks too suspicious, like they can change any performer at any time, then that should raise some alarm. I would also say pay by card where practical, as card payments can be disputed through the bank. Though a successful dispute is not guaranteed, it certainly puts you in a better position than if you had purchased a ticket from a licensed retailer such as a convenience store,” she said.

Guyay Tolan said she will be drafting a letter to the FTC that she intends to post online so that people can have an idea of what that looks like.

“I’m also going to be speaking to the head of the Fair Trading Commission to make sure that the complaints are being received and that they’re being actioned.”

Efforts to contact the promoters were unsuccessful.