1. Refund Policies and Administration
1.1 Minimum Requirements.
All Organizers have agreed to following refund policies which meet the following minimum requirements:
(a) Consumers/Buyers may only apply for the refund and/or return of the Item in the following circumstances:
i. Organizer do not conduct the live event (e.g., event cancellation).
For the benefits of doubt, following are circumstances examples, of which refund request is not applicable:
i. Change of minds
ii. Not attending event, though organizer has conducted the live event as scheduled
iii. Not satisfied with organizer delivery of the live event
(b) Refund policies (including “no refund” policies) must provide for a refund or other accommodation through which the Organizer will “make good” on its obligations to Consumers for failure to provide the advertised goods and services (e.g., event cancellation). If the Organizer is offering Consumers an event credit or other accommodation through which Organizer will “make good” on its obligations to Consumers in lieu of a purchase price refund, then
- such credit or other accommodation must be of equal or greater value to the value of the ticket for the cancelled event, and
- such value and all terms applicable to such credit or other accommodation (including but not limited to the period in which such credit or other accommodation must be redeemed, if such limitations are permitted by applicable law (as to which Organizer bears sole responsibility for compliance) must be clearly communicated to the Consumers.
Further, in the event that Organizer fails for any reason to honor a credit or other accommodation, including without limitation by failing to hold the event(s) for which such credit or other accommodation was redeemed, Makemake shall be entitled to exercise all rights granted to it under Section 4.4 of the Merchant Agreement, including but not limited to the right (but not the obligation) to seek to issue refunds to impacted consumer(s) and collect such sums directly from Organizer to the extent that such refunds can be made by Makemake;
(c) Refund policies (including cash or credit refunds) must comply with all applicable local, state, provincial, national and other laws, rules and regulations, including all requirements imposed by Card Schemes or Alternative Form of Payment Frameworks (each as defined in the Merchant Agreement);
(d) Refund policies must include specific instructions on how to obtain a refund, including how, when and where to direct a refund request;
(e) Refund policies may not be changed retroactively or to otherwise impact Consumers’ entitlement to relief in connection with purchases made prior to the date of such change and its posting to the applicable event page, unless such changes operate to place impacted Consumers in an equal or better position as they were under the policy in place at the time of purchase. For example, where an Organizer has posted a policy under which refunds may be obtained if requested in a specified method or time period, such Organizer may not transition to a “No refunds” policy with respect to any purchase already made at the time of such attempted transition. However, where an Organizer has posted a “No refunds” policy, such Organizer may transition to a policy that allows for refunds with respect to any purchase already made as of the time of such transition;
(f) Refund policies must set out a specific time frame within which refund requests will be responded to, which should not exceed five (5) business days for a first response; and
(g) Refund policies must otherwise be fair and reasonable.
If a refund policy is not posted or does not meet these minimum requirements set forth above, Makemake may (but has no obligation to) modify such refund policy such that it meets these minimum requirements. Such modification may take the form of prospectively making changes to the Organizer’s posted refund policy on the applicable event page or retroactively applying such changes at the time of a dispute, chargeback and/or refund request.
1.2 Refund Process.
In order to initiate a refund request, Makemake instructs Consumers to contact the Organizer directly. If no contact information is listed, Makemake instructs the Consumer to use the contact the organizer button on the event page or such other information posted on the event page. Organizer agrees to administer its refund policy in accordance with the terms set forth on the applicable event page and the minimum requirements set forth in Section 1.1 above.
When a Consumer requests a refund and the Organizer does not respond by either refunding or denying the request after five (5) days, Makemake may, in its sole discretion, execute the refund on behalf of the Organizer and collect such sums directly from the Organizer.
1.3 Makemake Review.
In the event that Organizer fails to
- honor a refund that a Consumer believes is due under the applicable refund policy and/or the minimum requirements set forth above or
- deliver its promise to make good in connection with a credit or other accommodation issued to the Consumer, that Consumer may request that Makemake initiate a refund by contacting us.
Makemake will review the facts and circumstances and determine at its sole discretion whether or not a refund is due from the Organizer in accordance with the applicable refund policy and the minimum requirements set forth above. Makemake will endeavor to complete its review within forty-five (45) days of being contacted by the Consumer. Consumers should note that if an Organizer has selected a facilitated payment method such as PayPal® for an event, Makemake will not have control of the funds and Makemake will need the provider of the facilitated payment method to cooperate in order for the consumer to receive a refund from Makemake, which may not happen. Assuming all other criteria are met, Makemake also must be able to successfully complete the refund to the Consumer’s payment card account used for the underlying purchase. In the event that the Consumer’s credit or debit card issuing bank declines the refund, Makemake may not be able to complete the refund to the Consumer. All determinations by Makemake with respect to these Refund Policy Requirements, including without limitation the orders to be refunded and the size of any refund, shall be final and binding on both Organizer and Consumer.
2. No Insurance or Guarantee
These Refund Policy Requirements are not intended to be and do not constitute an offer to insure the performance of or to guarantee the performance of any Organizer and are not a guarantee that refunds will be issued in any given situation.