Disclaimer: The following are my mere opinions, speaking in the capacity only of a college student. I take no legal responsibilities as to any representations or statements made.
Since there has already been news reports on our local newspapers regarding Marctensia and the issue with ticket refunds, I believe it is safe to give my two cents regarding this matter.
First of all, many of you are failing to realise that the very two things that you want are impossible to exist concurrently:-
1) You want your money back,
2) You don’t want Marctensia to shut down, because of no.1.
The problem is, whether you like it or not, the recent briefing held by Marctensia clearly stated that they currently have no funds in their company. Whether this is 100% true or not is another matter. It does not eliminate the sad truth that you most likely would not get your money back any time soon.
1. Police reports
While I’m equally angry and frustrated with the company for delaying our refunds and coming up with questionable excuses, and as much as I wanted to make police reports, you have to understand only one thing:-
It will not make a difference. None. Zero.
The company is on the verge of bankruptcy. No matter how much you throw at them, the police, the law, the consumers’ tribunal, none of these will cause money to grow from thin air to be returned to all of us. By reporting to the police and publishing their briefing details, you’re only driving them into a corner, which naturally will cause Marctensia to shut down!
2. You don’t want Marctensia to shut down
Because if Marctensia goes into liquidation, you can kiss your cash goodbye. Thinking of suing the CEO? The boss of Marctensia? Well, good luck with your case if you wish to pursue it in court. Legally speaking, the COMPANY owes you the money, not the person in charge of Marctensia as an individual. And theoretically speaking, you CANNOT force an individual to be liable for the debts owed by the company, perhaps with exceptions in cases of fraud, leading to the next issue..
3. Is Marctensia really trying to run away?
Many of you are speculating that the 18 months of delay is to make us forget about the money and just give up in pursuing the company. That is one possible view, but I chose to take a different perspective. As stated in the briefing, Marctensia is intending to pursue legal actions against the Korean companies to recover the money which they had paid to them in advance.
Court proceedings aren’t a walk in a park. You cannot expect one to be filed and be taken care of in a day or two. These things take MONTHS. Marctensia would have to appear in court to argue their case regarding this matter. There’s a lot of paperwork and proceedings to be done and followed. If all of us are holding Marctensia by the neck, how can we expect them to peacefully fight their case in (possibly) Korea when we are holding them back with local police reports and potential litigations?
3. The 18-months ‘contract’
I’ll concede. I’m not legally educated enough to propose whether that piece of document is sufficient to constitute a contract or not, but for all intents and purposes, I personally am treating the document as such, as to do otherwise would not bring any benefit to me.
Some of you are calling that document a threat to consumers, in that if you don’t sign it, you won’t get back your money. And if you sign it, you’re forced to waive all legal rights against Marctensia. The latter is correct. The former…well, it’s debatable.
Looking at it in the worst scenario, if you don’t sign the letter and Marctensia fails to recover the money from the Koreans, you won’t get back your money. No matter who you sue, and how many police reports you file.
If you sign the letter, and somehow Marctensia manages to get back a large sum of money, then things change. If that document is a contract, Marctensia now has a legal obligation to return the money to those who have signed, as not doing so would prima facie be a breach of contract. As opposed to those who didn’t sign it, at the very least they won’t have the contractual obligations to return you the money (I’m not saying that they won’t!) but priority WILL be given to those that they have legal relations with. Of course, everyone of us are legally related to Marctensia, since we had purchased the tickets under said terms and conditions, and the refund process falls under one of them.
All this is under the assumption that the letter is sufficient to constitute a contract. If it ends up not being one, well we’re screwed anyway.
Please understand, I want my money back as much as any of you do. I’m in no way supporting Marctensia or agreeing to their course of actions, but we are already on the losing side. Going batshit crazy and threatening to sue Marctensia or reporting them to the police is not going to make any difference at all, if not detrimental to our chances of recovering back the money. We are out of options, and every step we are taking right now is only forcing Marctensia to close down sooner than we want them to.
Just give them the time they need to proceed with what they need to do. One way or the other, this is the only way for us to get back our money. There literally is no other way.