Recently, the Yangtze River Cloud Reporting Hotline 027 - 87122222 received a report that the star concert was canceled, and many stars have withdrawn the advance payment, but Xiao Jingteng is unwilling to return. What happened, the reporter investigated.
On July 31, 2019, Shenzhen Jiannan International Travel Service Co., Ltd. Nanhu Branch (hereinafter referred to as Jiannan Company), as the party A, signed an agreement with Party B ORANGE SKY GROUP CORPORATIO (Taiwan Orange Sky Company, i.e. Xiao Jingteng Personal Studio Company, hereinafter referred to as Orange Sky Company) to invite Xiao Jingteng as a performing guest to participate in the Sudian concert held at the Asian International Expo Hall in Hong Kong on November 4, 2019.
The agreement signed by the two parties (Source: Courtesy of the interviewee)
The concert was rescheduled twice and was eventually cancelled
On October 16, 2019, due to the storm over hong Kong's legislative amendments, after consultation between the two sides, the two sides agreed to postpone the date of the concert to be held in Macao on February 27, 2020.
On October 23, 2019, due to the fact that the event venue in Macau was not determined, Jiannan Company WeChat notified Orange Sky Company that the event would be rescheduled to be held in Hong Kong on February 17, 2020, and promised to pay the final payment at a certain time.
Due to the spread of the new crown epidemic, the concert was cancelled again and has not been held so far.
Concert poster (Courtesy of the interviewee)
Concert cancellation, what to do with the advance payment
Now, more than 2 years later, the concert still cannot be held normally, but zhejiang Suli Network Technology Co., Ltd., the name of the previous event, has sold 6,000 concert tickets to fans at an average price of 500 yuan, and more than 3 million yuan of tickets have been handed over to Jiannan Company.
Xu Yuewei, manager of Jiannan Company, told reporters that in July 2020, fans and event title sponsors asked Jiannan Company to refund the ticket payment, and the other 5 performers who participated in the event, Lin Zhiying, Deng Ziqi, Fan Weiqi, HaiMingwei and Ju Wenxian, through consultation, all cancelled the concert contract, refunded the advance payment of Jiannan Company or offset it with other performance activities, and Jiannan Company also refunded the fan ticket money that came to ask for a refund.
It is understood that Deng Ziqifang refunded 1.08 million yuan after deducting relevant expenses, Fan Weiqifang refunded more than 410,000 yuan after deducting relevant expenses, and Lin Zhiying, Hai Mingwei and Ju Wenxian compensated for participating in other performance activities.
When Jiannan Company contacted Orange Sky Company to request the deduction of the actual expenses incurred and the return of the advance payment, it was rejected by Orange Sky Company on the grounds that Jiannan Company was in breach of contract. Jiannan Company had no choice but to submit an arbitration application to the Shanghai Arbitration Commission, requesting the termination of the service agreement and a refund of the advance payment of 900,000 yuan.
Why won't Xiao Jingteng refund?
Originally, in Article 4, Item 4 of the contract agreement between the two parties, it was stipulated that Party A (Jiannan Company) did not pay Party B (Orange Sky Company) service fee to Party B in full and on time in accordance with the provisions of this Agreement for any reason, and Party B and Party B's artists did not need to perform all the obligations of this Agreement, and did not need to refund the money previously received, and Party B had the right to unilaterally terminate this Agreement without notice.
The service agreement stipulates that Jiannan Company, which was supposed to pay the final payment on October 25, 2019, did not pay the balance because the concert time was not determined.
Xu Yuewei told reporters that whether the final payment was paid was because the concert time was not determined, and the final payment was not paid, which was a business practice.
Xiao Jingteng responded: Everything is subject to the arbitration result
Orange Sky Company is Xiao Jingteng's personal studio company, and Orange Sky Company and Warner Music are an overall artist cooperation relationship, and orange sky company's voice and economy have always been operated by Warner Music. The reporter contacted Fu Lina, director of the copyright and legal department of Warner Music China, and when asked about the matter, she told reporters that it has now reached the legal level of arbitration, and everything is based on the arbitration result.
At present, arbitration cases are being accepted.
When the reporter reminded Xu Yuewei to refund the fans' remaining unreturned ticket money, he said: "Now we are sandwiched in the middle, the fans have given us the ticket money, we have given the money to the stars, one to the other, the stars do not refund us, we have no way." ”
The follow-up development of the incident will continue to be paid attention to by hubei radio and television media reporters. If you have any relevant clues, please call the Yangtze River Cloud Breaking Hotline at 027-87122222.
(Hubei Radio and Television Rong Media Reporter Guan Zhuhao)