MIAMI (CelebrityAccess) – Two men are suing the organizers of Miami’s Ultra Music Festival after they claim they were denied refunds following the cancelation of the event due to the ongoing global pandemic.
The lawsuit, which was filed Tuesday in the U.S. District Court’s Southern District of Florida by Miami resident Samuel Hernandez and Richard Montoure of Grayland, Washington, alleges that the fact that festival organizers are retaining ticket holder’s money rather than offering refunds is “unjust and inequitable.”
Ultra was originally slated to take place the weekend of March 20 at Bayfront Park in downtown Miami, however, it was canceled on March 6 after the state and local governments banned all large gatherings, including festivals and concerts, in an effort to combat the spread of coronavirus.
According to the complaint, Ultra organizers offered to honor this year’s tickets for the 2021 or 2022 events, despite the fact that neither had been confirmed at that point. Organizers also allegedly gave ticket buyers 30 days to choose which Ultra Miami date they wanted to attend, however, repeatedly extended the deadline due to the fact that many ticket buyers were reluctant to commit to an advanced date given the current atmosphere of uncertainty.
While Ultra’s terms and conditions do state that if the company reschedules an event, including for reasons out of its control, such as government action, customers are not automatically entitled to a refund, the lawsuit calls the provision an “unenforceable unilateral option contract.”
The suit is seeking damages and monetary relief for the plaintiffs and class-action status to obtain full refunds, with interest, for other ticketholders.