
“SXSW has a firm no-refund policy” - awwstn
https://twitter.com/jmitch/status/1237120626449690627
======
tacoartist512
It does sadden me that folks will not be able to engage with the 2020
immersive brand experience that is better known as SXSW ( curated by
KiaPepKraftFargoCo Inc LLC Esquire )

I mean, this year's experience included activities like $20 taco, guess the
gluten allergy, and name-that-e-scooter-startup.

Not to worry!! 95% of all SXSW badges where purchased by VC backed social
media managers where no one will actually give 2 shakes of a lambs tail when
SXSW doesn't issue a refund. Their experience will be turned into a long
format medium article outlining the companies personal struggle of grieving
and loss caused by #COVID19.

------
turndown
Why not just charge back and move on with your life? If SXSW wants to have a
dumb policy, they can deal with convincing the bank.

~~~
Thomaschaaf
This is a good way to kill your credit score...

~~~
icedchai
Legitimate disputes won’t kill your score.

~~~
bdcravens
If their policy indicates no refunds, how is that a legitimate dispute?

~~~
tracker1
It's not losses regarding damage, or the client cancelling. The host
cancelled, services not rendered and the transaction is therefor incomplete.

If I buy a sandwich from you and you take my money, the transaction isn't
complete until you give me the sandwich ordered, regardless of your refund
policy.

~~~
qtplatypus
It is the host being forced to cancel. If you attempt to buy a sandwich and
the sandwich shop burns down before you get your sandwich you don’t get a
refund.

~~~
icedchai
That is only because the sandwich shop has more important things to deal with,
like the safety of their employees and customers. If you call up your credit
card company and complain that you ordered a product that was never provided,
you will absolutely get a refund.

~~~
binaryblitz
Why do you think they canceled it..........

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tracker1
The clauses are to protect from damages resulting from those claims... not a
cancellation from the hosting party. The transaction is incomplete, the funds
should be returned.

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say_it_as_it_is
No annual Fyre Festival for the rich folks. This is outrageous. Where are they
going to feel special instead? Friends? Family? The horror!

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qtplatypus
I am going to argue that this is a good thing. If they legally had to refund
in this case it would create an incentive to not cancel.

~~~
sushid
SWSX was already refusing to cancel despite everyone pressuring them to. It
was irresponsible of them to try and keep the event. It was only a city
mandate that finally forced their hand.

They’re already clearly profit driven. This type of behavior is just the
cherry on top.

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aaron695
They didn't cancel it. The city did according to this report.

Their insurance won't cover them.

And I don't think you can blame SXSW for not having Pandemic or War etc etc
insurance, that seems pretty normal.

"South by Southwest's cancellation this year will not be covered by insurance,
founders Nick Barbaro and co-founder and managing director Roland Swenson
confirmed to the Austin Chronicle Friday. (Barbaro is publisher the paper's
publisher.)

On Friday, Austin Mayor Steve Adler announced the March 13-22 interactive,
film and music festival that takes place throughout Austin was being canceled
by city and county officials over concerns about the spread of the
coronavirus. After the announcement, Barbaro told the paper that the SXSW
organization does not have event cancellation insurance that covers disease
outbreaks or city-wide emergency declarations."

[https://www.billboard.com/articles/business/touring/9330212/...](https://www.billboard.com/articles/business/touring/9330212/sxsw-
cancellation-coronavirus-not-covered-insurance)

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lacker
It sucks for the people who are losing money over this, but the policy is
pretty clear, so it's harsh but fair. I think before we are done with the
coronavirus, there will be a lot more economic losses spread around.

~~~
aeternum
Just because the fine-print of a TOS or agreement says one thing about
liability does not always make the terms enforceable. Many consumer protection
laws are written to address the one-sided nature of agreements like this as
the consumer typically cannot negotiate like they can with a normal contract.

~~~
weka
A big case in point.

> The winner sued the New Hampshire Lottery last month under the name of Jane
> Doe, in a bid to collect the winnings through a trust to protect her
> anonymity.

Just because it's in writing -- it doesn't mean it's always enforceable.

[https://money.cnn.com/2018/03/12/news/powerball-winner-
anony...](https://money.cnn.com/2018/03/12/news/powerball-winner-
anonymous/index.html)

------
KevinEldon
patio11 has a relevant Twitter thread [1] on 'force majeure' y'all might find
interesting.

[1] -
[https://twitter.com/patio11/status/1237201843131797505](https://twitter.com/patio11/status/1237201843131797505)

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finnthehuman
>What in the actual fuck

This person needs to spend less time using childish turns of phrase on the
internet and more time understanding the contracts he enters his business
into.

If the screenshot of SXSW's force majeure language is real, his attitude has
evaporated any sympathy I otherwise had.

~~~
teruakohatu
> This person needs to spend less time using childish turns of phrase

It is just one guy's Twitter feed.

> more time understanding the contracts he enters his business into

Sure, he is in no way going to get his money, but I would have expected a
refund without reading the fine print. Some Fyre Festival goers got money
back, and that event did actually happen (in some sense of the word).

It is surprising that SXSW did not have insurance to cover refunds, but if you
never give refunds you probably don't need insurance and get to walk away with
some profit.

~~~
qtplatypus
Most insurance companies have force Force majeure/act of god clauses that
would exclude them from this as well. Also it is highly likely that they are
going to leave this with a loss. The convention space that they rented will
not be able to be refunded as well, as well as advertising expenses etc.

