An advertisement about the performance by Er Gou. Photo: Supplied
Chinese comedy fans claim that an Auckland-based event company owes them tens of thousands of dollars after two shows were cancelled.
You Show Studio Limited had organised performances by popular Chinese standup comedian Er Gou at the SkyCity Theatre for November, but the shows were called off. Meanwhile, SkyCity said it never had confirmed bookings for the shows.
A group on social media platform RedNote included about 100 affected customers, who were collectively owed nearly $40,000 and were still waiting for refunds.
Aucklander Jeffery Li bought 10 tickets at $139 each for friends and himself for a show on 12 November from ticketing agent Cissy Xu.
He emailed You Show asking for a refund when the show was cancelled, on the direction of Xu.
Li did not get a reply until 20 days later, which said the matter was being dealt with, but he was yet to get his money back.
"I've never come across anything like this before," Li said. "I was really surprised...as normally if there's any cancellations or any changes, you'll receive a refund fairly soon.
"It has been almost two months, and they still haven't processed the refund."
Er Gou had earlier performed in Auckland in June, which was also organised by You Show.
Aucklander Tracy Cui missed that show so immediately bought two $139 tickets from You Show's WeChat service for a 11 November performance.
However, she got an email from You Show on 1 November saying that the show was cancelled and a refund would be provided.
"It said [the refund] would take 10 to 15 working days, but I still haven't received anything," Cui said.
Cui said she had been given various reasons, including too many requests from the same person or delays because customers were using a different bank from the company.
Cui and several other customers filed a complaint with the Dispute Tribunal.
Lin Huang, who started the group on RedNote, bought three $139 tickets for the performance on 11 November through the same agent.
After receiving an email from You Show about the cancellation of the event, Huang sent all information required for the refund but only received confirmation about the request two weeks later.
She said she tried to contact the company through different channels many times, but she was yet to receive the refund.
Huang also said that not all affected customers had registered their pending refund in the RedNote group.
SkyCity
In an email dated 1 November, You Show told customers that the cancellation of the show was due to "disagreements with the venue provider regarding the venue".
A spokesperson from the SkyCity Entertainment Group told RNZ that the business was aware that You Show was advertising and promoting at least two events in November as happening at SkyCity Theatre.
"This is despite having no confirmed bookings and despite being told very clearly that no bookings would be available because of past behaviour and payment issues," the spokesperson said.
"SkyCity has on a number of occasions raised concerns with You Show about its actions, as protecting our customers and upholding the integrity of our venues are our top priorities.
"SkyCity has also formally notified You Show to stop promoting events to be held at SkyCity, as no such events will be held at our venues."
You Show
You Show's sole director Fang Ding refused RNZ's request for comment as she was seeking legal advice.
In a statement posted on WeChat on Tuesday, You Show explained that it had tried its best to make the performance happen but failed.
It had also been posting refund progress on its WeChat account.
In a statement issued last week, You Show said it noticed that some internet users were questioning its progress in terms of refunds and made some false claims which negatively impacted the company's reputation.
"We have always placed high importance on protecting consumers' legitimate rights and interests and have been actively advancing refund arrangements. As of now, we have processed the majority of refunds in batches."
It also said that there had been widespread unauthorised resale of the tickets to the popular show, there were frequent incidents of "multiple individuals claiming refunds for the same ticket", which had significantly increased the complexity and workload of refund verification.
"To ensure the accuracy and security of refunds, we must conduct strict verification for each refund request to avoid duplicate refunds or operational errors."
Xu would not comment when approached by RNZ.
RNZ also reached out to Er Gou for comment.
The authorities
The Commerce Commission said it had received 10 concerns about You Show. Photo: RNZ / Alexander Robertson
The police said they "have received several reports alleging potential fraud in relation to an event, and those reports are in the early stages of assessment".
Vanessa Horne, the Commerce Commission's general manager for competition, fair trading, and credit, said it had received 10 concerns about You Show.
"The commission is currently assessing the concerns and, therefore, is currently unable to provide specific comment on the matter at this time."
Generally speaking, businesses must not make false or misleading representations to consumers about their right to a refund, including the timing of refunds or the process that will be followed for refunds, Horne said.
"Misleading customers about such rights would likely breach the Fair Trading Act," she said.
"We would encourage anyone who is having trouble getting a refund to reach out to organisations that may be able to assist, such as their bank if the purchase was made using a credit card, Citizens Advice Bureau or the Disputes Tribunal."
Consumers were also encouraged to lodge a concern with the commission if they believed a business may have breached the Fair Trading Act or another law that it enforces.
In general, a consumer's legal entitlement to a refund or credit would be determined by the terms and conditions of their ticket or booking, Horne added.
A spokesperson from Consumer NZ said ticketholders were entitled to a refund from the ticketing agent.
"Refunds should be processed within a reasonable time. We think a few weeks should be sufficient," the spokesperson said.
"For anyone who paid by credit or debit card, contact your bank and ask for a chargeback. There's a limited timeframe to apply for a chargeback, so we recommend contacting your bank as soon as possible.
"It's also possible to lodge a claim at the Disputes Tribunal but it costs $61 (for claims up to $2000) and may take several months to get a hearing date."
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