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Problem-plagued Kultureland music festival raises concerns about ticket-holders’ rights

People who attended the second day of the Kultureland music festival in Ajax, Ont., over the weekend can expect a refund soon, according to organizers. 

The refund was announced following a number of issues on the festival’s second day that included a last-minute venue change and the cancellation of headliner Jhene Aiko’s set. 

Mutsa Charamba was one of many ticket-holders who left the festival feeling disappointed.

“I would love to see them take accountability and actually apologize,” she told CBC Toronto. “That was not an easy night.”

For his part, the festival’s main organizer Ferell Laditi told The Canadian Press on Monday that the inaugural edition of his two-day R&B and Afro-fusion music festival went nothing like he planned.

“It was never my intention to scam anyone or take their money and not give them performances.”

But the festival left ticket-holders wondering what exactly they’re entitled to in situations where the experience delivered doesn’t match the one they paid for.

Mutsa Charamba, right, and friend, Rutendo Nyambiya, left, attended the Kultureland music festival in Markham, Ont., on Saturday, Aug. 6. (Submitted by Mutsa Charamba)

Lindsey Addawoo attended the festival at its original venue in Markham, Ont., on Saturday.

The entire festival was poorly organized, she said. VIP tickets weren’t honoured and attendees didn’t have access to water, which resulted in people needing medical attention due to Saturday’s extreme heat. 

“It just seems like a money grab thing, like it didn’t seem like there was [no] sense of accountability,” Addawoo said. “It just felt like they threw spaghetti at the wall and said, ‘Let’s make something stick.'” 

Saturday’s attendees are not currently set to receive a refund. 

Ticket holder rights can be tricky

Music lawyer, Paul Banwatt, told CBC Toronto it can be tricky to pin down what ticket holders are entitled to in these situations.

“If you looked at all of the different festivals and shows and events and looked at the terms of sale for all of them, you’ll find lots of differences along the way,” he said. 

However, he said there’s an argument to be made if the experience no longer resembles what was initially sold to attendees. 

Entertainment lawyer Miro Oballa agreed, saying some changes to a show or festival are normal but those that affect the overall experience may be grounds for action.

“If it’s a single-artist show, you know, and I paid to see Kendrick Lamar and I’m not getting Kendrick Lamar, that’s [a problem],” he said. “If it’s a festival bill and there’s a bunch of artists, arguably, even if the headliner gets swapped out, as long as it’s a comparable stature headliner … you’re still getting the experience.”

Research before you buy

It’s also always a good idea to research festival organizers before buying tickets, Oballa added. 

“You’re buying a ticket for an experience and you’re relying on somebody else or a company to put that experience together for you,” he said. “If they haven’t had experience doing that before, it’s a bigger risk than if it’s somebody who has.” 

As for Laditi, he says he’s already planning an improved Kultureland Festival for next year. 

“I know there’s been a lot of setbacks with this, but the goal is to build something that can continue to connect cultures and build the community we have here in Canada,” he told The Canadian Press. 

Attendees like Charamba, however, have no plans to attend the follow-up event. The festival needs to rethink its resources, she said. 

“I think they bit off more than they could chew, honestly.”

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