Brad Hollerbach is the Director of Information Technology for the Southeast Missourian. His opinions are his own and do not reflect those of the newspaper or its editorial board. He writes this blog primarily for his own amusement and to parody the absurdities of the world we live in. He lives with his wife and two cats that don't really care for one another in Cape.

Fair Appears To Violate Its Own Ticket Policy

Posted Thursday, September 16, 2010, at 12:00 AM

I've been amazed by the gall of the SEMO District Fair Board regarding the cancellation of tonight's Merle Haggard concert.

Rather than call off the concert, the SEMO District Fair management decided to replace the ailing performer earlier this week with entertainers Ray Price and Mel Tillis. People who purchased tickets to the show prior to the announcement have not been given the opportunity to get their money back being told of the fair's policy of "No Refunds Or Exchanges."

The fair's management apparently believes that (1) a country act is a country act is a country act, (2) there is no discernible entertainment difference between Messrs. Haggard, Price and Tillis and they are as interchangeable as so many Legos and (3) they can legally do so because they printed "No Refunds Or Exchanges" on the tickets.

Some readers venting about this policy on the SEMissourian.com claimed this notice was not on their tickets. I wondered if this were true so I acquired one.

(Photo)

While it didn't take me long to find, the phrase certainly wasn't obvious. The notice is in compressed 4-point type running perpendicular to the bottom edge of the ticket.

A number of people who bought the $35 tickets to see Mr. Haggard are understandably upset that the fair has not giving them the option for a refund. I see their point. They should be given the option, even if the tickets say "No Refunds or Exchanges."

But the fair board considers this ticket with its tiny proclamation legally binding. For sake of argument, let's say these tickets are truly a contract between the fair and the customers who shelled out their hard-earned cash to see the legendary Merle Haggard perform.

If that is the case, don't contracts work both ways?

And wouldn't most people consider the substitution of Ray Price and Mel Tillis an exchange?

I certainly would.

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The ticket plainly says 'Merle Haggard'. I think this could be an excellent court case if the issue is pushed by the right people.

Anyone with a lick of sense would never invest in another SEMO District Fair concert ticket. The situation just might repeat itself. Nobody likes being conned out of their money.

By the way, I'm not a big country music enthusiast; but, I do firmly believe this was just plain thievery.

-- Posted by Nanno on Thu, Sep 16, 2010, at 8:05 AM
I agree. This seems to be a contract law issue. The ticket buyer bought the ticket for a seat at the Merle Haggard concert. Not a Ray Price and Mel Tillis concert. Wouldn't the ticket holders have the right to sue in small claims court for the refund of their tickets or have the fair board give them a show with Merle Haggard?

-- Posted by dgparham on Thu, Sep 16, 2010, at 8:13 AM
I have let this ruin my past couple days. I don't think I can waste any more energy on it. Mr. Poe called yesterday and said he would be "willing to let me come to the fair by 5pm on Wednesday and give my tickets to them so they could try and sell them for me". Sooo I need to leave work early, go get the tickets, drive to the fair, likely pay the admission fee to get in, all in hopes they MIGHT be able to sell my tickets to some other person? Nah, I'm good buddy. This is a complete scam. They could have said Prince was going to be at the fair and suddenly produced Bobby Brown as an acceptable substitute if they wanted too. I'm angry, bitter and out 70 hard earned dollars for 2 tickets. I have no energy left for this. If anyone files a civil suit please keep me in mind. I'll jump on board in a second. These jerks need to get what's coming to them.

-- Posted by AmandaConda on Thu, Sep 16, 2010, at 8:38 AM
@ Rick I believe I just did. If you don't want to hear people ranting and complaining don't read blog comments.

-- Posted by AmandaConda on Thu, Sep 16, 2010, at 8:56 AM
Brad,

Does anyone know what the other nine venues on the dates that were cancelled in September for Haggard, have done as far as refunds?

-- Posted by JOHN DOE1 on Thu, Sep 16, 2010, at 2:27 PM
John Doe1, that is an excellent question, but not so easy to answer. I couldn't find every tour date that has been cancelled, but I did find a couple.

According to what I found on the web, Mr. Haggard was supposed to start his fall tour last night in Anderson, Indiana at Hoosier Park. According to the heraldbulletin.com, country performers Joe Diffie and Crystal Gayle performed a FREE concert instead.

He was also scheduled to appear at the Great Frederick Fair in Maryland this coming Saturday. George Jones is playing in his place and they are honoring all tickets. However, it was unclear on the press release if the fair was offering refunds so I called the press contact.

She told me that "their fair has a policy of no refunds or exchanges for events, but in this case they were offering refunds through 5 pm Friday."

Thanks for reading and for asking.

-- Posted by Brad_Hollerbach on Thu, Sep 16, 2010, at 3:15 PM
Does anyone know how to take this ticket problem to small claims court?

-- Posted by IonU on Thu, Sep 16, 2010, at 8:56 PM
Keep up the good work Brad, you get more questions answered in this town than anybody.

-- Posted by JOHN DOE1 on Thu, Sep 16, 2010, at 11:19 PM
Ok...this is the last time that I want to exert any more energy into the Merle Haggard ticket money embezzelment...I would like to save that for the civil proceedings.

Many, many people in this area live in a safe, secure, non-penetrating bubble that do not understand nor comprehend how the rest of the world functions, and I believe that the Fair Board lives and operates in this bubble.

It is necessary to understand how the other nine venues across the country responded to the cancellation of their concerts...they are called REFUNDS...because they were not able to deliver what had been sold. In some cases, replacement acts were put in place, but it came with the option of a refund. In another case, the concert will be rescheduled, honoring all tickets that had been purchased.

If you are going to volunteer your time in the operation of a non-profit business, understand that it is still a business and the decisions that you make can have legal ramifications.

Merle Haggard is a legend in his industry...getting ready to be honored at The Kennedy Center in December. He is backed by professionals who handle his business...because it is a business and I am sure that they are astounded by your business decision.

Take a look outside your bubble and do the right thing. Next, get your business policies in order and publish them so that the people know you are being pro-active and maybe they will not hesitate when the fair begins next year.

And last...my prayers for Merle that he will recover and continue to bless us all with his music.

-- Posted by nativepride55 on Fri, Sep 17, 2010, at 12:20 PM

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