What are my odds of filing and winning this credit card dispute?

June 24, 2015 4:24 PM

I run a small company and recently signed up to sell my items at the companies weekly farmers market as well as a big all day festival that they are putting on in September. After several markets, I did not do nearly the business that I had hoped and I also felt that the people running the market/festival to be non concerned and unpleasant to work with.

I had paid for the weekly markets via a check, but paid for the festival by credit card.....I informed the manager that I will no longer be attending the market. We had no contract for amount of dates and I was paid in full. Few weeks later, i decided I did not want to be part of the festival in September either....

I emailed the manager and informed her that I did not want to particapte in the festival in September and what was the procedure to cancel and get a refund. I was emailed back immediately saying that there are no refunds and if anything, I could use that amount towards attending the festival or future markets.
I went back and looked at the vendor form I filled out online and nowhere did it say anything about 'refund policy' or not. The only mention said "Please note that no refunds are offered in the event of festival cancellation'.

To me, that reads as they won't be giving refunds should the event be cancelled. Nothing about a vendor cancelling. This is a big event that as of today, they are already promoting as 'sold out' (three months in advance. By me cancelling, I am sure they should have no problem selling my spot.

I am considering disputing the charge with my credit card company. The event is still three months out. I did not sign anything application that had any sort of refund policy notice. I feel that the manager is being spiteful to me because i stopped doing the weekly market.

If I dispute the charge with my CC company, I am curious as to what you guys think this manager.company could come back with to not have the charge reversed in my favor?

If in the end, I lose the dispute, and my card is charged for the festival, I am afraid that the manager will give me the worst spot at the festival and/or make my day miserable in any capacity she may have the authority to do so with her power?

Calling her on the phone is not an option and if she does decide to respond to emails, they are usually short & blunt. Speaking with several of the other vendors at the market, there is some dissent amongst them as well. I don't think this is an isolated instance.

posted by TwilightKid to Work & Money (6 answers total)

Best answer: I don't know a lot on this but my understanding is that if you dispute the charge all the burden of proof is put back on the festival. I'd dispute it. In the unlikely event that you lose then a crappy spot at the festival is kind of one of those "costs of doing business" that you need to suck up.
posted by bitdamaged at 4:34 PM on June 24, 2015 [3 favorites]

The answer to whether a merchant has to offer a refund in general is a state-dependent issue, which is not provided in this question.

Credit card companies (VISA/Mastercard) require credit card merchants to provide a refund policy (for instance, here are VISA's requirements, refer to page 15). If no refund policy is given, it is highly likely the credit card issuer will side with you. Actually, in general, the credit card issuer will likely side with you.

I am afraid that the manager will give me the worst spot at the festival and/or make my day miserable in any capacity she may have the authority to do so with her power?

A vendor is well within their rights to refuse to serve a customer that requests a dispute after the dispute has occurred. A vendor is not obligated to treat customers that request a dispute the same as customers that don't request disputes.
posted by saeculorum at 4:38 PM on June 24, 2015 [4 favorites]

I would write and let her know you're going to dispute the charge. If you don't hear back from her, do it. This can cause her major damage with the cc company down the line, so hopefully she'll realize this is one of those "customer is always right" situations.
posted by Potomac Avenue at 4:59 PM on June 24, 2015 [1 favorite]

I don't understand why you feel you are entitled to a refund. You reserved a spot at a festival and paid for it. If there was negligence by the managers, like bad promotions and no foot traffic, that might be something. It's your responsibility to make money or not at these things. If you don't want to attend, maybe try and find someone to sublet your space to (with approval from the organizer).

In my experience, these festivals/markets are a very small community. A chargeback is a huge pain in the ass for any retailer/vendor. Be prepared for word to get around to other organizers that you have caused trouble for this market.
posted by dripdripdrop at 5:30 PM on June 24, 2015 [6 favorites]

Best answer: Don't do a chargeback just because you can. I think you should email the woman and say "Having reviewed the contract, I will be filing a chargeback with VISA unless you issue me with the refund I am due by 1 July 2015. Thanks."

Ignore any further emails from her, unless they say "Check is in the mail."
posted by DarlingBri at 5:46 PM on June 24, 2015 [5 favorites]

I think that unless you signed something saying you're not allowed to cancel, you get to cancel, and they don't get to decide you can't later without informing you before any money changed hands.

I agree that you should let her know you're planning a chargeback, but you're not out of line to do one if the response is anything but "ok sorry here you go".

It's not your problem if they planned their event around every spot being filled/paid for and don't want anyone to back out. They should have put some "no cancellations" language in if it fucks with their budget that much.

Pretty much, tough shit on their part. Over the years i've noticed a lot of people who do this stuff at conventions/street fairs/flea markets are both terrible at planning and asses who try and make that everyone elses problem and pull stuff like this. Like, a way higher concentration than anywhere else.
posted by emptythought at 8:06 PM on June 24, 2015 [2 favorites]