I just talked this over with a lawyer on this very subject (just cuz I was wondering from this coming up a short time ago) and he says it's the same as buying a Warranty. You are paying for something that MAY happen. Since it is a 1-off payment it is technically non-refundable. You can't get your money back an a Warranty, it's a form of insurance.
EDIT: They don't HAVE to, but they could... always worth trying.
Is your lawyer friend a contract lawyer versed in English law, and would he care to state what legislation and legal precedent would be applicable with regards to the pre-order of season passes? I'm genuinely interested.
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