I have sent the reply out and have gotten a very rude and unprofessional reply. Refer: http://www.clubsnap.com/forums/showthread.php?t=412925
Sent: Tuesday, September 16, 2008 10:30 PM
To: email@example.com; firstname.lastname@example.org
Cc: email@example.com; firstname.lastname@example.org
Subject: Re: Unpleasent experience at the best damn tour concert
Thank you for your reply.
I trust that you are aware that for this particular concert, the only stipulation was against flash photography. There is no stipulation that “professional” cameras are not allowed for this concert. Your security personnel cannot simply make up new rules/regulations and conditions on-site during the concert.
The definition of “professional” will never stand up in a court of law since there is no objective test for determining what “professional” means. Is a photographer who uses a compact digicam for a living deemed to be using a "professional" camera? Who decides?
To me, it doesn’t matter whose employment the security team falls under, whether your company or Sistic. Even if the security personnel works for Sistic, he is deemed to be following your company’s instructions and hence, I will look to your company as being responsible for this entire episode.
As a customer, it matters not to me what your obligations to the artist and her management is, all I am concerned about is the terms and conditions governing the contract between me and you. If you decide that it’s better to breach your contract with me rather than to risk conflict with the artist/management, it is your choice to make – of course it is easy for someone to conclude that your company would rather bully the small man than to anger the big entertainment artist. If this is the case, you can be sure that I will spare no efforts in making this unpleasant episode and your poor handling of this matter widely publicized.
Also, a simple “Sorry” that the Sistic website was not clear will not excuse a breach of contract. By throwing me out of the concert without just cause (since I complied with all terms and conditions governing this contract), you have knowingly breached your obligations under the contract.
Also, to say that "Most people understand these issues" is a non-starter, since unfortunately, I do not understand this issue. I only go by what is agreed in black and white, and in this case, the only prohibition is against flash photography and videography. I did not use a flash and was definitely not recording any video of the concert.
I can easily say that "most photographer understand that non-flash photography means they can use a DSLR so long as they do not use a flash". It all depends on whose side of the coin you are looking from.
I put it to you that it is not the artist who “allows” such snaps as you claim, but that the security team does not have sufficient manpower and cannot enforce the vast numbers of people owning camera phones and point-and-shoot cameras. To throw out a few hundred people would cause a public relations spectacle and headlines indeed.
As a result, the security can only target the concert goers who have “professional” cameras and thus, I am being unfairly prejudiced, apart from the fact that there is no restriction on non-flash photography to begin with.
I further put it to you that from a consumer point of view, a point-and-shoot camera would cause greater inconvenience to other concert-goers, as most of these people would raise their hands up high trying to take shots, blocking the viewer behind.
In any case, we are digressing. The root of the issue here is that the prohibition against DSLRs have not been sufficiently brought to my notice before purchase of the ticket, and your admission on the lack of clarity on the Sistic website further underscores this point.
Since there is no notice, a customer cannot expect to be bound by this condition, and by evicting the customer, you have committed breach of contract.
I look forward to receiving your reply.
From: Michael Hosking
To: 'Jeffrey' ; email@example.com
Cc: firstname.lastname@example.org ; email@example.com
Sent: Wednesday, September 17, 2008 6:43 AM
Subject: RE: Unpleasent experience at the best damn tour concert
Not sure who you are sending his to?
I did not throw you out. I also don’t have a contract with you.
Trust this clarifies.
This is my last message to you on this subject.
I'm disgusted and speechless.