This Code of Practice (the Code) sets the standards of good business practice for all members of the Association of Secondary Ticket Agents (ASTA)
ASTA is eager to see that this Code is adopted by the trade, that of reselling entertainment tickets in the secondary market. An intention is to enroll the majority of traders in this market. It’s members will make a worthwhile contribution toward the protection of consumer interests in dealing with the trade, and raise the standards of this trade.
Members must make available, free of charge, copies of this Code.
This Code incorporates Model Terms and Conditions for Consumer Contracts.
1. General provisions
3. Terms of business
4. Marketing and advertising
5. In house complaints procedure
6. Disciplinary procedure
7. Compliance officer duties
8. Breach of the Code
1. GENERAL PROVISIONS
Members and staff will be fully trained on all aspects of this Code. A record will be kept for inspection.
1.1 You are expected to provide a service consistent with fairness, integrity and best practice and you should not seek business by methods that are oppressive or involve dishonesty, deceit, misrepresentation or harassment.
1.2 You must offer equality of professional service to any consumer regardless of their race, religious belief, gender, sexuality, age, disability or nationality. You must not be involved in any plan or arrangement to discriminate against a consumer or group of consumers because of their race, religious belief, gender, sexuality, age, disability or nationality.
1.3 You must not release or misuse confidential information given by your client during the process of any business dealings, without your consumer clients permission; unless legally required to do so.
1.4 You must keep records of all transactions and produce them when required by the Compliance Officer.
As a member of ASTA you will display the ASTA logo on all business records. You must display the ASTA logo in a prominent place in all offices and retail premises that consumers have access to. A copy of this Code must also be available free of charge.
3. TERMS OF BUSINESS
You will adopt the Model Terms and Conditions for Consumer Contracts and you agree to conduct all consumer transactions in accordance with these.
4. MARKETING AND ADVERTISING
Your advertisements shall be legal, decent, truthful and accurate. In the model terms and conditions this outlines a members responsibilities as a retailer and the legislation a member must comply with.
5. IN-HOUSE COMPLAINTS PROCEDURE
5.1 You must maintain and operate an in-house complaints procedure. Such procedures must be in writing or other durable form and a prompt must be created on the members website. When a contract is concluded by telephone the consumer must be informed of the complaints procedure.
5.2 All complaints, verbal or written must be recorded by you at the time it is made. A record must be kept.
5.3 You must agree to deal with any appointed person or body acting on behalf of the consumer
5.4 All complaints must be acknowledged within three working days, and a proper investigation promptly undertaken. A formal written outcome of your investigation must be sent to the complainant within 21 days.
5.5 If the complainant remains dissatisfied they must be told how they can make a complaint to ASTA . A further review of the complaint must be made to the consumer within 21days.
5.6 Following the conclusion of these investigations you must write to the consumer offering your final statement, and include at that point any offer you deem appropriate.
5.7 Your final letter must tell the consumer that they can at this stage choose to follow further the Disciplinary Procedure, but such action must take place within three months of this final letter from you.
6. DISCIPLINARY PROCEDURE
The Disciplinary Committee consists of three persons a lay-person, a Trading Standards Adviser and a Member of ASTA. The Disciplinary Committee is empowered to exercise ASTA`s Disciplinary Procedure. The Disciplinary Committee shall send a report to the member, complainant and to ASTA. The member is bound by the adjudication. The member shall have the right to appeal.
7. COMPLIANCE OFFICERS DUTIES
7.1 You must comply with the requirements of any code compliance monitoring procedure used by ASTA
7.2 You must seek the consumers permission for their contact details to be used in any monitoring process to ensure compliance with the Data Protection Act
7.3 ASTA will conduct an annual audit of all members’ monitoring procedures and the records.
7.4 A copy of the annual audit report will be issued to all audited members.
8. NON-COMPLIANCE BY MEMBERS
8.1 Non-compliance with this Code by members will be dealt with by ASTA in the following way:
8.2 ASTA will consider appropriate action in cases of members’ non-compliance with this Code.
8.3 If an audit shows a members’ breach of the Code the Compliance Officer will report his findings to ASTA who, upon enquiry will take the following action in writing or other durable form of communication:
* An informal warning
* A formal warning
* A notice of dismissal from ASTA
(A punitive financial sum must be made against a member on a sliding scale of seriousness at the outset).
8.4 If a member is issued with any warning as described the member will have the right see the matter put before the ASTA Disciplinary Committee providing the application to do so is made within 30 days of the issue of the warning/ notice
Copyright ASTA 24th February 2008 1st Edition Rev:8.21