After long months of the coronavirus pandemic, part of them confined to their homes or apartments, going back to watching live shows is a program that attracts thousands of people. But the consumer does not always receive adequate return for what he paid, as in the case of the Titãs concert in Porto Alegre, transferred a week before its performance, without clear explanations, from the Amphitheater Beira-Rio to the parking lot of Fiergs (Federação das Indústrias ).
Those who attended, even soaked, loved the show, because the band is wonderful, but complained about the rain, the acoustics, the discomfort and the disrespect.
I spoke with a few people who went to the company that sold the tickets to request a refund. They received an email with the allegation that that company had been contracted only for the sale of tickets and systemic control for their validation in access to the event. Now, whoever buys establishes a relationship with the company that sold.
By the way, not knowing a law does not exempt any person or company from being penalized for non-compliance.
The CDC (Consumer Defense Code) is very clear in relation to joint and several liability: “Art. 25. The contractual stipulation of a clause that makes it impossible, exonerates or mitigates the obligation to indemnify provided for in this and the previous sections.
§ 1 If there is more than one responsible for causing the damage, all will be jointly and severally liable for the reparation provided for in this and the previous sections.
§ 2 If the damage is caused by a component or part incorporated into the product or service, the manufacturer, builder or importer and the person who carried out the incorporation are jointly and severally liable”.
Once the show has been advertised, with address, date and time, the consumer has the right to find the service as advertised. According to article 35 of the CDC, if the company refuses to comply with the offer, the consumer may demand the forced fulfillment of the obligation, accept another equivalent product or service, or withdraw from the purchase with the full refund of the amount paid, plus any losses. or damages.
This show, on a national tour, provokes great interest because it brings together all the Titãs –Arnaldo Antunes, Branco Mello, Charles Gavin, Nando Reis, Paulo Miklos, Sérgio Britto and Tony Bellotto– to celebrate the group’s 40th anniversary. From the best-known line-up, the only exception is Marcelo Fromer (dead in 2001, victim of a hit-and-run).
For this reason, in relation to the show in Porto Alegre, there are complaints from consumers in several cities in Rio Grande do Sul and other states, such as Paraná, Rio de Janeiro, São Paulo and Santa Catarina, on the main site for customer relations complaints. consumption. Some have already taken the case to Procon.
I hope that Eventim (which sells tickets) and 30E – Thirty Entertainment (responsible for the project) will reimburse those who didn’t want to attend the show in the rain and without chairs. If they are not reimbursed, consumers can appeal to Procon and the Special Civil Court.
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