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Chris Langone's Explanation


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I forgot to mention that the biggest losers are the band and the crew. They possibly need to make an insurance claim to recover from the financial loss as well. And rescheduling these things are a huge headache, too. Chris Langone is not the only one who got screwed in this ordeal. Now the crew is away from their families on that rescheduled date. They didn't do anything to deserve this, either...
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Ya! F**K Live Nation!

 

 

 

I'm with you Chris! I hope you take 'em to the cleaners.

 

 

Kinda sucks that you gotta drag Neil, Alex and Geddy into it, but sometimes you gotta play hardball.

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QUOTE (-D-RocK- @ Jul 10 2010, 08:15 PM)
Ya! F**K Live Nation!



I'm with you Chris! I hope you take 'em to the cleaners.


Kinda sucks that you gotta drag Neil, Alex and Geddy into it, but sometimes you gotta play hardball.

Yeah LiveNation can take a fat one in the rear for all I care. f**k em

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Good luck getting your money back. Once again good people getting shafted by this unscrupulous business. For the guys safety the show probably needed to be cancelled but you should have gotten the option for a refund. On the bright side this might actually force a policy change with Live Nation...we can hope anyways. I hope Tampa goes off without a hitch...I am flying down there to the show to meet good friends.

 

2.gif

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QUOTE (InvisibleAirwaves13 @ Jul 10 2010, 08:27 PM)
Good luck getting your money back. Once again good people getting shafted by this unscrupulous business. For the guys safety the show probably needed to be cancelled but you should have gotten the option for a refund. On the bright side this might actually force a policy change with Live Nation...we can hope anyways. I hope Tampa goes off without a hitch...I am flying down there to the show to meet good friends.

2.gif

Well if it doesn't work out you can always follow in this guy's footsteps laugh.gif

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I think the ironic end result of this will be that LiveNation and Ticketbastard, et al, will simply tighten up the fine print and make any kind of refund for any reason impossible. It won't just be acts of God anymore - it might be the performer deciding he'd rather spend the evening in a strip club than onstage.

 

It will unfortunately take more than this to get them to loosen their stranglehold.

Edited by Mara
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It's almost certainly in their policies (I haven't read them) that they don't give refunds in cases like this. The show will be rescheduled, so you will get to see the show and aren't getting ripped off. You paid for a show, you will get one in the furure. Sorry, but this is a TOTAL waste of time.....
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QUOTE (ByTor2112 @ Jul 10 2010, 06:02 PM)
The "goods" cannot be delivered if people's safety are at risk.

I see you have some interesting points in your arguement, but I cannot see how your wants and needs qualify a lawsuit.

Bottom line is purchasing tickets for any outdoor event, even stating rain or shine, comes with risks the show may not go on as was the case here.

And wanting your money back now to see them next week in Toronto makes you sounds entitled and selfish.

My 2c.

My thoughts exactly. I am not writing this to slam the OP, but just throwing out my 2 cents.

 

I live in Milwaukee and just happened to be checking the forums the night of that show because of the storms that were going through Chicago and Milwaukee. I had a feeling the weather was going to be an issue and thought the show might be cancelled. It was a classic hot summer day with thunder cells developing EVERYWHERE! Tornadoes, hail and lightning are serious acts of nature. I can't imagine what type of lawsuits would be filed if a group of people were struck by lightning or electrocuted by standing in a puddle of water. Rain or shine yes, not lightning or torrential down pours. I understand your frustration but your reasons for filing a CAL are weak at best.

 

Also, if you purchased your tickets through Stubhub, they are just a private agency that sells tickets for private individuals and takes there cut of the sale. My guess would be that if you used Stubhub, you paid more than face value for the tickets? If the show is not rescheduled, you will be paid your refund, but only the face value of the ticket.

 

Demanding a full refund immediately after a canceled show is also taking things a bit far IMHO. A great deal of the ticket holders will want nothing more than to go and see the show, and just want tickets for the rescheduled date. This isn't like tickets to a movie that was cancelled that you can catch on DVD in a couple months, it's a live, original event. I'm sure it will take Rush and their promoters a little time to figure out when that show will be, considering they have to fit it into their existing tour and make sure the venue is open. If I remember correctly, the last show at Red Rocks was a make up show and it took them quite a while to figure out when the show was to be made up.

 

You are free to do what you want about this, but it sure seems like a waste of energy, time and money to me. And to want your money in a week so you can go to another show? Do you know how the legal system works? You may get your refund sometime in 2013 but it won't be next week.

Edited by Cygnus-x50
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QUOTE (chrislangone @ Jul 10 2010, 04:39 PM)
So I am Chris Langone and yes I filed a lawsuit. Here's why:

1. I came in from New York to take a group of my friends to see my favorite band. I have seen RUSH on every tour since Moving Pictures in 1981 when I was 13. Oftentimes twice on the leg. I wanted to share the experience with my friends, some of whom had never seen RUSH. When the storm came a few of my friends suggested not going on account of the weather. I was strenuous in stating, "no" the tickets say rain or shine. I have sat through numerous concerts in the rain and was prepared to that night. We walked to the show from my hotel in the pouring rain - we all got drenched but once inside didn't care - we were going to see RUSH! At around 8:30 or 8:45 the rain stopped. The guy came on stage - we thought he was going to introduce the band, but instead stated that due to an incoming storm the show was going not going to proceed.

2. The next day I telephoned Stub Hub, from whom I bought the tix and asked for a refund of the ticket price. I was told no. I was told that no refunds are possible unless the show is totally cancelled -- and it might be rescheduled. As of now there is no rescheduled date. There are rumors it might be re-scheduled in September, but nothing is confirmed. And if so, possibly at a different venue - like in Tinley Park - where the sound sucks. Also, I cannot make a rescheduled show in September, which is the rumored date, as I will be back at Cornell where I have teaching and research responsibilities. So what I don't understand is why I cannot receive my money back. I spent almost $500 on tickets for a show that did not proceed and am being refused my money back based on an alleged policy of Live Nation, the promoter. I filed my lawsuit because I was denied my money back and think that people who request their money back should be able to get it. If people can make a rescheduled show, great -- but those who cannot should get their money back.

3. I would love to go see RUSH in New York or Toronto next week, but don't have the money to buy new tickets because I cannot get a refund of the $480 I already spent. If refunded the money (or even permitted an exchange) I would buy new tix for a show I can go to, but Live Nation does not allow this.

4. I have been advised that Live Nation operates the venue. I have also heard that the show did not proceed because there was shorted wires, etc. on account of the wet stage. One would think that a company that operates a venue for "rain or shine" shows would be able to keep to keep the stage dry - and if they were negligent and had to cancel the show as a result would at least offer refunds. I also believe that Live Nation knew before 8:30 they were going to have to cancel the show, but rather than post a notice on the gate to that effect, let people in to sell them overpriced concessions like $11 and $13 beers. The person who came on stage and said the show was being cancelled is, I believe, associated with Live Nation and he lied as to the reason - he stated it was due to an incoming storm (which was not the case) and not because Live Nation failed to protect the stage - it did not rain a drop that night after they announced cancellation. The show could have gone on - unless of course wires shorted due to Live Nation's inability to adequately protect the stage. And, if so, then Live Nation should honor requests for money back.

5. I am not suing for my air fare, or beers. I am only asking for the money spent on tickets, travel costs to the show, and out of pocket losses. Numerous posters in forums talked about driving hundreds of miles to the show, in the rain, to go see a "rain or shine: event. My lawsuit seeks to get money lost by all RUSH fans that lost out financially due to the rain or shine event. Anyone who does not want to be a part of the class action, has the right to opt out. Only people who, like me, want their money back will be a part of the lawsuit. "If you choose not to decide, you still have made a choice."

6. I have heard second hand that Ticket Master is honoring refunds (not sure if that is true) but I did not get my ticket through Ticketmaster. I got a "Live Nation" ticket through stub hub and they are saying they cannot refund the ticket price because they follow the promoter's policy.

7. For legal reasons I was required to sue the band, because they are the princpal and Live Nation is the agent. If RUSH directs Live Nation to issue refunds, then I am advised Live Nation will be obligated to do so. All I want is my $480 back (and it is a class action - so others who are similarly situated should get their money back too).

8. I really believe I am doing a good thing for fans like myself screwed by an unscrupulous promoter. I also believe RUSH has integrity and the power to make this right. I don't think the personal attacks on me are warranted and I belive RUSH fans are intellecutal enough to realize, knowing the facts, that what I request is reasonable. To the extent the Chicago Sun Times and other news reports have given an erroneous impression as to what this lawsuit is about, I want to correct the record.

9. I will choose a path that's clear - I will choose free will. I am happy to discuss the merits of what I am doing with people in a rational, intellectual way. I have been called names, and even threatened with violence. As RUSH fans, we are better than that - we are fans of the smartest, most "thinking" band ever - if people really think there are good reasons that people should not get their money back for a show that never occurred then I want to hear them. Otherwise, I would hope fans would step up and demand the band and their promoter do the right thing.

The first sentence in #5 confuses me. " I am not suing for my air fare, or beers. I am only asking for the money spent on tickets, travel costs to the show, and out of pocket losses."

 

Isn't airfare considered travel cost to the show?

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I hope you win this Chris, and from what I'm reading, it should be a slam dunk.

 

The ticket promised a rain or shine show. By doing so, they infer that they will do anything and everything in their power to make it happen, and you just have to brave the weather. You were ready to live up to your end of it, and they failed at keeping their end of the CONTRACT.

 

Is it Rush's fault? Indirectly, yes. They have full control of this and should be more knowledgable about what's going on at these venues. It had nothing to do with the lie about another incoming storm, it was about the venue's inability to keep the equiptment and wires up to snuff to proceed with a RAIN OR SHINE show. I don't see where the problem people seem to be having with this is coming from.

 

I'd be damned pissed if this had happened to me. 2.gif may be millionaires, but their fans are not all in the same boat as they. You want to see them, and you can NOT make the rescheduled show, and should NOT be forced into doing so in the first place. Another part of the contract is the date of the event. THAT is the night that you were free to pay for this ticket and attend. NOT a rescheduled event months later. I see no reason why fans should be treated this way and I hope that 2.gif gets wind of this and makes it right.

 

It's total BS Chris. You deserve your money back so you can go enjoy your favorite band ON YOUR TERMS, not when they say you can. Why should you have to sell your tix on ebay and go through all that BS. It's a simple thing. Give the guy his money back for the event that they could not pull off, that was again... a RAIN OR SHINE event.

 

Good luck Chris, and keep us posted. trink39.gif

 

Necro

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QUOTE (chrislangone @ Jul 10 2010, 04:39 PM)
3.  I would love to go see RUSH in New York or Toronto next week, but don't have the money to buy new tickets because I cannot get a refund of the $480 I already spent. If refunded the money (or even permitted an exchange) I would buy new tix for a show I can go to, but Live Nation does not allow this.

7.  For legal reasons I was required to sue the band, because they are the princpal and Live Nation is the agent. If RUSH directs Live Nation to issue refunds, then I am advised Live Nation will be obligated to do so. All I want is my $480 back (and it is a class action - so others who are similarly situated should get their money back too).

I just checked, and the fine print on the back of my Live Nation Rush tickets states:

 

1. The event date and time is subject to change.

2. Live Nation is not obligated to issue a refund for cancelled/rescheduled events if they give you the right within 12 months to 1) attend the rescheduled event or 2) exchange your ticket for a "comparable" event.

 

Didn't you (and all of us) agree to these terms when you bought your tickets? As a lawyer, can you please explain?

 

Also, you are a lawyer and own your own law firm, but cannot afford another $500 for Rush tickets for Toronto (if this is truly what you want)?

 

 

 

 

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Oh hey, I agree - I have NO issue with the fact that he wants a refund of the ticket price. I really don't see why Live Nation have to be such hard-asses about it.

 

Travel costs are a different matter. Sorry, but I don't think you're entitled to any more than the ticket price.

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QUOTE (Necromancer @ Jul 10 2010, 08:01 PM)
I hope you win this Chris, and from what I'm reading, it should be a slam dunk.

The ticket promised a rain or shine show. By doing so, they infer that they will do anything and everything in their power to make it happen, and you just have to brave the weather. You were ready to live up to your end of it, and they failed at keeping their end of the CONTRACT.

Is it Rush's fault? Indirectly, yes. They have full control of this and should be more knowledgable about what's going on at these venues. It had nothing to do with the lie about another incoming storm, it was about the venue's inability to keep the equiptment and wires up to snuff to proceed with a RAIN OR SHINE show. I don't see where the problem people seem to be having with this is coming from.

I'd be damned pissed if this had happened to me. 2.gif may be millionaires, but their fans are not all in the same boat as they. You want to see them, and you can NOT make the rescheduled show, and should NOT be forced into doing so in the first place. Another part of the contract is the date of the event. THAT is the night that you were free to pay for this ticket and attend. NOT a rescheduled event months later. I see no reason why fans should be treated this way and I hope that 2.gif gets wind of this and makes it right.

It's total BS Chris. You deserve your money back so you can go enjoy your favorite band ON YOUR TERMS, not when they say you can. Why should you have to sell your tix on ebay and go through all that BS. It's a simple thing. Give the guy his money back for the event that they could not pull off, that was again... a RAIN OR SHINE event.

Good luck Chris, and keep us posted. trink39.gif

Necro

So you've never been to a show that was cancelled? Come on dude. It happens quite often. And I'm sure Rush will reschedule. It was cancelled do to weather,nothing they could do. How the f**k can you blame the band?

 

.

 

 

 

 

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IF you are going to travel like that to an outdoor concert, you're taking a huge risk. I would never travel over maybe 2 hours by car to any outdoor concert, but then again, im smart.

 

This case will get thrown out and you wont get a dime. they have the right to cancel shows for safety reasons you know. It's not for the bands safety, its for yours. There was lightning, they dont want thousands of ppl standing out there. They did the right thing genius.

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I totally agree with Chris in regards to the ticket refund. It's about time SOMEONE with the means and stones to stand up to Ticketmaster/Stubhub/LiveNation/Etc did so. In this case, his detail of events are right on the money - they opened up long enough to sell merch and food/drink, then cancelled the show. A non-show should mean a refund. Plain and simple. In 99% of the businesses across the globe, there wouldn't even be a discussion.

 

I myself am concerned, too. While I could make a re-schedule, I haven't seen where they are going to re-schedule (yet). To the folks who keep saying they'll do it - how sure are you?

 

As for the 'fine print' - that doesn't always hold-up in court. The FRONT of the ticket (bigger print) says "Rain or Shine" - pretty clear and simple. Even if the 'fine print' is upheld, that renders the front of the ticket obviously misleading and at the very least, confusing. Chris could definitely have a point there.

 

The funny thing is - for folks who just want their money back - that's all they really want - the money they paid to the company. They simply want to be treated fairly, and come to a 'break even' point with LiveNation or whoever. If the band does not reschedule, I'd expect my ticket money back. Otherwise, LiveNation is just receiving free money for sending a guy out on stage to announce the cancellation? Silly.

 

Now, Chris wanting any additional funds back might be a lot harder to persuade out of a judge. How many people go to a baseball game that is rained-out? Do they ever receive reimbursement for their travel expenses? LiveNation was not responsible for our gas money/taxi fees/airfare/lodging etc. They are responsible for providing the venue for the band to perform - anything else is incidental to that and probably rests on our shoulders, no matter what happens.

 

But at the very least, I do agree that the ticket-prices should be refunded (especially if there is no rescheduled date), and if Ticketmaster/Stubhub had ANY integrity - they'd do it without hesitation.

 

I do find it hilarious how some folks instantly come to the defense of the band - as great as they are, they are not our "friends" or "buddies". Try to set aside the fascination and hero-worship, and put yourselves in the shoes of the damaged party. If it happened to you at your show after you spent all the time and energy to get to it - would YOU really be ok with a no-show - and no refund?

 

Just my 2 coppers, tho.

 

Good luck, Chris. I'll be keeping my fingers crossed for you!

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QUOTE (trenken @ Jul 10 2010, 08:41 PM)
IF you are going to travel like that to an outdoor concert, you're taking a huge risk. I would never travel over maybe 2 hours by car to any outdoor concert, but then again, im smart.

This case will get thrown out and you wont get a dime. they have the right to cancel shows for safety reasons you know. It's not for the bands safety, its for yours. There was lightning, they dont want thousands of ppl standing out there. They did the right thing genius.

Sure, they have the right to cancel - but NOT the right to keep your cash and run off with it.

 

There's a bit of a difference there. wink.gif

 

I was at the show - I don't blame them for cancelling (whoever's decision it was is irrelevant to me). BUT, if they decided not to perform, a ticket refund is just plain common sense (barring a rescheduled event).

 

If they reschedule and our tickets are still valid, then I think Chris may easily be on the losing end of it. But if they don't reschedule, then I think it makes perfect sense that refunds are granted.

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QUOTE (Ancient Ways @ Jul 10 2010, 08:56 PM)
Isn't stub hub a reseller? If so I don't see how to expect the money back.

StubHub guarantees their tickets - or so their website says.

 

If a show is cancelled, they have a refund policy which also includes fees charged for using their service.

 

Direct from their website - "When an event is cancelled or a contingent event is not played, we'll send you an email to let you know. Return your tickets within 2 weeks of receiving our email and we'll fully refund the cost of the tickets plus all service and delivery fees. Please allow us 3 weeks to process your refund.

 

Return tickets to:

SH Return Center

2525 McKinnon Street

Suite 590

Dallas, TX 75201

 

Note: If you received your tickets electronically, you do not need to take any action. We will send you an email with your refund information."

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