USING THE STAR MODEL TERMS AND CONDITIONS

USING
THE STAR
MODEL
TERMS AND
CONDITIONS
UPDATED JANUARY 2011

BACKGROUND
Shortly before the publication of its Market Study of
Ticket Agents in January 2005, the Office of Fair Trading
contacted STAR with the suggestion that it draft Model
Terms and Conditions of sale for use by STAR members.
The OFT noted in its report that in spite of the OFT’s
publication of specific Guidance on Unfair Terms in
Consumer Entertainment Contracts published in
December 2004, some ticket agents, including STAR
members, were continuing to use terms that the OFT
considered unfair.
The OFT Market Study said that “experience shows that
the creation by trade associations of model terms for
their members’ consumer contracts is an effective and
efficient way to improve standards in a large number
of contracts, and can raise standards across a sector as
a whole….We therefore recommend that the Society
of Ticket Agents and Retailers (STAR) produce model
terms for its members. We are happy to work with the
STAR in producing these terms”.
STAR responded positively to this suggestion and the
STAR Council met with representatives of the OFT
Contract Regulation Unit after which a cross-industry
working group was put together to work on drafting the
model terms.
The draft terms went through various stages of legal
scrutiny from within the working group, by other
lawyers engaged to offer an independent opinion
and through considerable consultation across the
entertainment industry over a number of years. The
OFT has agreed the terms as being fair to the limited
extent that they are able to do so without the terms
being tested in court. They have also agreed that they
pass the necessary test of being written in plain English
to help customers understand them.
The model terms are not exhaustive and there will
inevitably be some matters that need to be dealt with
separately by ticket sellers. These model terms are
simply intended to cover issues that are common to
most events.
Sellers using the model terms can add to them, preferably
by way of an addendum to ensure that the core terms
remain common amongst companies adopting them.
Some terms, for instance the refund of per ticket booking
fees for cancelled events, are immutable and core to the
purpose of STAR and are also detailed in the STAR Code
of Practice. It is imperative that any additional terms used
by individual companies are also assessed by the seller for
fairness within the relevant regulations and in separate
consultation with the OFT if necessary. However, ticket
sellers should remember that the model terms and
conditions form the core of all trading terms and cannot
be omitted or altered.

PRESENTING TERMS AND
CONDITIONS TO CUSTOMERS
Terms and conditions cannot be binding unless a
customer has fair access to them before making a
purchase. Obviously 7 pages of A4 would be quite a lot
to digest before completing a booking for tickets but
they do, nevertheless, need to be made available.
Some members are concerned about how customers
can be presented with the terms andconditions, but
we are all familiar with this process through other
purchases we make and the process does not need to be
excessively onerous.
The OFT has previously stated the following:
1 That they would expect STAR and its members to
place the model terms on their respective websites.
2 That for agreements to have been made in good faith,
any terms and conditions (particularly the terms
relating to refunds/exchanges, resale and liability)
should be communicated to consumers at the outset,
or prior to purchase consumers should be made
aware of where to find the terms and conditions.
The three main ways of booking and
means of delivering the Ts&Cs are:
In Person: Terms and conditions can be made
available at the sales counter should customers wish
to read them.
Online: The simplest. Terms and conditions can
be presented on a separate page with relevant links.
Some companies also ask customers to check a box to
indicate that they have read, understood and accepted
the terms and conditions. The majority of customers
probably just tick the boxes to proceed as quickly as
possible. Customers could also be directed to the
STAR website where the model terms are displayed
(http://www.star.org.uk/media/4775/tc.pdf)
By Phone: Some companies offer a full recitation
of terms and conditions on their automated phone
systems (interactive voice recognition - IVR). Customers
could be made aware of where to find the full terms
and conditions (website etc.) and given ‘highlights’ of
important terms – for instance those relating to liability
and refunds/exchanges.
TERMS AND CONDITIONS ON TICKETS
For years, ticket sellers have relied on terms and
conditions printed on a ticket but as they are only
presented to the customer after the sale has been
completed, they are not binding and can only serve to
reinforce knowledge and understanding of terms
presented before the sale was completed. That
reinforcement is certainly worthwhile but the importance
of different terms may vary from seller to seller and it is
therefore up to them to decide what to include.
However, simply drawing attention to where the full
terms and conditions can be read (online or by phoning
for a copy to be sent?) may be sufficient.
Wherever terms are abbreviated from the full terms, the
sense of the original term should not be lost or altered.
It is up to members to decide what terms they need to
or wish to reiterate on their tickets, if any. There is no
stipulation from STAR about what should be included.
Example of terms printed on a ticket:
From the full terms and conditions of sale
(www.star.org.uk/media/4775/tc.pdf) we would
like to draw your attention to the following:
• Tickets cannot be exchanged or refunded
after purchase unless the performance
is cancelled or rescheduled or there is a
material change to the programme or event.
• Personal arrangements including travel,
accommodation or hospitality relating
to the Event which have been arranged
by you are at your own risk.
• It is your responsibility to check
whether an event has been cancelled or
rescheduled and the date and time of any
re-scheduled event.
• You may not re-sell or transfer a ticket if
prohibited by law.
• In circumstances where an Event is
cancelled or rescheduled by the Venue
or Promoter and refunds are to be given,
the refund will equal the face value
of the ticket plus any per ticket booking fee.
• The management of the venue reserves
the right to refuse ticket holders admission
to the venue in reasonable circumstance,
including for health and safety, licensing
reasons or where a ticket is void.

DETAILS FOR MEMBERS
TO DEFINE
There are a few details which members will need to insert into the terms which are specific to your company:
1) In Section 1 – the name of the member company should be inserted.
2) Section 5 – you should include details about how tickets will be delivered as well is indicating the time before an
event at which a customer should contact you if tickets have not been received.
3) Section 10 – you should include details about how you retain and use details provided by customers. Obviously
your policy on this should comply with relevant data protection regulations.
FURTHER INFORMATION
ON UNFAIR TERMS
The Office of Fair Trading provides the following
information about unfair terms. The relevant legislation
is The Unfair Terms in Consumer Contracts Regulations
1999 (UTCCRs):
What is an unfair term?
An unfair term in a contract covered by the UTCCRs
is not binding on the consumer.
Test of fairness
A term is unfair if:
contrary to the requirement of good faith it causes a
significant imbalance in the parties' rights and obligations
under the contract, to the detriment of consumers.
'Good faith' means that you must deal fairly and
openly with consumers. Standard terms may be
drafted to protect commercial needs but must also
take account of the interests and rights of consumers
by going no further than is necessary to protect
those legitimate commercial interests.
The plain language requirement
According to the UTCCRs, a standard term must be
expressed in plain and intelligible language. A term is
open to challenge if it could put the consumer at a
disadvantage because he or she is not clear about its
meaning - even if its meaning could be worked out by
a lawyer. If there is doubt as to what a term means,
themeaning most favourable to the consumer will apply.
What terms are not covered?
Most standard terms are covered by the UTCCRs.
The exceptions are those:
• that reflect provisions which by law have
to be included in contracts
• that have been individually negotiated
• in contracts between businesses
• in contracts between private individuals
• in certain contracts that people do not make
as consumers – eg, relating to employment or
setting up a business
• in contracts entered into before 1995
Terms setting the price or
defining the product or service
Terms in consumer contracts which set the price or define
the product or service being supplied are 'core terms' of
the contract and are exempt from the test of fairness as
long as they meet the plain language requirement.
Links to More Information
The Unfair Terms in Consumer Contracts Regulations
1999 (UTCCRs) http://www.oft.gov.uk/advice_and_
resources/resource_base/legal/unfair-terms/
Guidance on unfair terms in consumer entertainment
contracts http://www.oft.gov.uk/shared_oft/reports/
unfair_contract_terms/oft667.pdf