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Broadway Travel - trying to cancel my holiday
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ryan7
Old 01-06-2011, 2:05 PM
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Default Broadway Travel - trying to cancel my holiday

I booked a fortnight's holiday with Broadway Trave, due to leave in 9 days time. We got a bargain price - everything has been paid for.

They contacted me today to inform that each passenger would have to pay an additional £500+ as there was an error with the booking.

Has anyone had a similar problem? I do not think their T&C cover this. I'd appreciate some urgent assistance.

Broadway Travel's T&C below

Important Information Sheet
Errors / Amendments
The attached document is a confirmation of your booking. The person to whom the invoice is addressed is the lead passenger and
a contract therefore exists between the lead passenger and the Tour Operator/Supplier. Please check all details carefully and
contact our Customer Services department immediately to notify of any errors and omissions. We cannot accept responsibility for
any costs incurred or for any problems encountered due to errors that were not reported to us upon immediate receipt of your
confirmation

Cancellations / Amendments
All confirmed bookings are subject to cancellation charges on a sliding scale. However there is 100% cancellation charge
applicable if you have booked a flight either using a low cost airline or a scheduled airline. Please call for exact charges. If you
wish to cancel your holiday we require written confirmation from the lead passenger, once we receive this we can begin the
cancellation process. It is in your best interest to advise us as soon as possible to avoid heavier cancellation/amendment charges.
Some amendments are treated as cancellations and we suggest that you contact Broadway Travel Services (Wimbledon) Ltd as
soon as possible. (N.B Please note some holiday arrangements are non-refundable and non-changeable e.g. scheduled airfares.)
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# 2
pompeyrich
Old 01-06-2011, 2:47 PM
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If you go to their site and check the full T&Cs the very first one seems to cover your situation. I guess depending on timescales and how clear a mistake/bargain is might strengthen or weaken your arguement. For example if you booked 2 weeks in Florida for £10p.p. then most people would accept that was an error and expect the mistake to be noticed, get up to a more realistic price paid and the matter becomes more debatable.
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# 3
ryan7
Old 01-06-2011, 4:20 PM
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Quote:
Originally Posted by pompeyrich View Post
If you go to their site and check the full t&C the very first one seems to cover your situation. I guess depending on timescales and how clear a mistake/bargain is might strengthen or weaken your arguement. For example if you booked 2 weeks in Florida for £10p.p. then most people would accept that was an error and expect the mistake to be noticed, get up to a more realistic price paid and the matter becomes more debatable.
Thanks for your reply however I don’t agree with the T&C’s comment. They only apply when it’s an error on the consumer’s part.
Paying nearly £200 all inclusive for a fortnight is a bargain. Not a noticeable error. If it was that evident then it wouldn’t have taken them over 2wks to contact us.
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Caz3121
Old 01-06-2011, 4:28 PM
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Quote:
Originally Posted by ryan7 View Post
Thanks for your reply however I don’t agree with the T&C’s comment. They only apply when it’s an error on the consumer’s part.
Paying nearly £200 all inclusive for a fortnight is a bargain. Not a noticeable error. If it was that evident then it wouldn’t have taken them over 2wks to contact us.
not sure if you are looking at the same section
Errors and Omissions
We take reasonable steps to ensure that any information, photographs, or any other details about the flights, accommodation arrangements or accommodation featured on the website is accurate. Whilst every effort is made to ensure the accuracy of all information and prices displayed on this Site, regrettably errors do occasionally occur. In the event that an incorrect price has been entered in error, any booking made based on such incorrect price will not be valid. You will be advised of the mistake at the earliest opportunity and you will then have the option either to pay the correct price for the travel arrangements or to cancel and receive a full refund of any monies you may already have paid.
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real1314
Old 01-06-2011, 4:33 PM
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Quote:
Originally Posted by Caz3121 View Post
not sure if you are looking at the same section
Errors and Omissions
We take reasonable steps to ensure that any information, photographs, or any other details about the flights, accommodation arrangements or accommodation featured on the website is accurate. Whilst every effort is made to ensure the accuracy of all information and prices displayed on this Site, regrettably errors do occasionally occur. In the event that an incorrect price has been entered in error, any booking made based on such incorrect price will not be valid. You will be advised of the mistake at the earliest opportunity and you will then have the option either to pay the correct price for the travel arrangements or to cancel and receive a full refund of any monies you may already have paid.

I'm not sure that those conditions are legal.

It's one things to advertise/promote an incorrect price and to refuse to sell at that price.

It's a different thing to make a sale, take the money and then say "oops". In most cases, once the money has been taken, the deal has been done. It's committed.
Add to that the cancellation fees for the consumer and no corresponding cost to the supplier and you have a potentially unfair contract.

In either case, misleading advertising might be an issue for Trading Standards to take up.
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budgetflyer
Old 01-06-2011, 4:55 PM
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E + O excepted is standard for t&cs and definitely legal. Its not misleading advertising if its a genuine mistake.
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# 7
Welshdebtor
Old 01-06-2011, 5:18 PM
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Package holiday prices can only be increased if it is more than 30 days before your departure, the booking conditions mention surcharges and the increase is due to an increase in transport costs, fees or taxes, or changes in the exchange rate. The tour operator must absorb the first 2% of the increase, and if the increase represents a ‘significant’ change in price (according to ABTA, this means more than 10%), then under the Package Travel Regulations you should be given the opportunity to cancel the holiday. The 10% figure is only a guide, and a smaller percentage increase could still be ‘significant’ on expensive holidays.
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# 8
Welshdebtor
Old 01-06-2011, 5:26 PM
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Regulation 12 states that a term is implied into every contract that – “where the organiser is constrained before the departure to alter significantly an essential term of the contract, such as the price (so far as regulation 11 permits him to do so), he will notify the consumer as quickly as possible in order for him to take appropriate decisions and in particular to withdraw from the contract without penalty or to accept a rider to the contract specifying the alterations made and their impact on the price – the consumer will inform the organiser or the retailer of his decision as soon as possible”

Reg 11.................

Price revision

11.—(1) Any term in a contract to the effect that the prices laid down in the contract may be revised shall be void and of no effect unless the contract provides for the possibility of upward or downward revision and satisfies the conditions laid down in paragraph (2) below.
(2) The conditions mentioned in paragraph (1) are that—
(a)the contract states precisely how the revised price is to be calculated;
(b)the contract provides that price revisions are to be made solely to allow for variations in:—
(i)transportation costs, including the cost of fuel,
(ii)dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports, or
(iii)the exchange rates applied to the particular package; and
(3) Notwithstanding any terms of a contract,
(i)no price increase may be made in a specified period which may not be less than 30 days before the departure date stipulated; and
(ii)as against an individual consumer liable under the contract, no price increase may be made in respect of variations which would produce an increase of less than 2%, or such greater percentage as the contract may specify, (“non-eligible variations”) and that the non-eligible variations shall be left out of account in the calculation.




So they can take their T&C's and shove it where the sun does not shine because they gave you less than 30 days notice (If I have read them correctly)
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# 9
budgetflyer
Old 01-06-2011, 5:40 PM
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That's for price increases ie inflation etc. It doesn't cover MISTAKES. A MISTAKE is not legally binding.
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# 10
Welshdebtor
Old 01-06-2011, 5:51 PM
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From CAB.


Prices - what the law says
The law says that all holiday brochures must give the price legibly, comprehensibly and accurately. Once confirmed, the price of the holiday can be increased only if the booking conditions state that this is allowable and the increase is for one of the following reasons:

  • an increase in transport costs, for example, fuel; or
  • to cover fees and taxes for services, such as landing fees; or
  • variations in the exchange rate.

If the contract allows for an increase in price, the first 2% must be absorbed by the tour operator. If the increase is significant, you should be given the opportunity to cancel the holiday. No price increase should be passed on in the period 30 days before departure.

My point is (and excuse me if I am wrong) the huge increase in price for the OP, does not fall into any of the above accepted reasons.
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Last edited by Welshdebtor; 01-06-2011 at 6:16 PM.
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# 11
Welshdebtor
Old 01-06-2011, 6:00 PM
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Or lets pretend the item bought is not a holiday but something else (or indeed I have experience with a hotel price on the internet as well)

I go into WH Smith and see a A4 Ring Binder for 99p, I get to the till and before I hand over money,the assistant says sorry it is meant to be 2.99. legally I am stuffed, so either have to pay 2.99 or leave without the binder.

However if I get to the till, pay the 99p and on the way out or indeed if they should ring me when I get home etc "Saying excuse me we made a mistake we should of charged you 2.99, can you come back and pay it?" I do not have to and have the law on my side.

I have also used this successfully via consumer direct for a mispriced hotel stay. I paid £150 less than it should of been due to the agents mistake.
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Last edited by Welshdebtor; 01-06-2011 at 6:04 PM.
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# 12
Welshdebtor
Old 01-06-2011, 7:15 PM
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This will give you a better idea of my points.

http://www.which.co.uk/consumer-righ...s/your-rights/

You are now binded into a legal contract as the price you paid has been accepted both by you and Broadway (see link for explanation).

The only thing that could effect your rights (and I think somebody mentioned it above) is if you could tell it was a mistake.

As in:

Same holiday everywhere else is over £900, but you got it via Broadway for £200. It's obvious it could be a mis-price.

However that rule is not so strong if every other site has the holiday for £900, but you paid £750 via Broadway.

For a clearer picture I would contact Consumer direct for professional advice. Good luck, and I hope you get to enjoy your holiday.
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# 13
Alan Bowen
Old 01-06-2011, 7:50 PM
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If they issued a confirmation invoice at the wrong price, that is their error. If they told you before confirming your holiday, there is no contract and there is nothing you can do. Broadway Travel are members of ABTA, call the pre Departure department and see if they can help put pressure on.
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delwynshd
Old 01-06-2011, 8:04 PM
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£200 pp for a 14 night holiday AI is defo a mistake they will cancel the holiday and refund you, there isnt anything you can do im afraid

Thanks
Del
I am a Travel Agent

My company’s ABTA numbers are V258X. MSE doesn't check my status as a Travel Agent, so you need to take my word for it. This signature is here as I follow MSE's Travel Agent Code of Conduct.
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Welshdebtor
Old 01-06-2011, 8:08 PM
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Quote:
Originally Posted by delwynshd View Post
£200 pp for a 14 night holiday AI is defo a mistake they will cancel the holiday and refund you, there isnt anything you can do im afraid

Thanks
Del

Depends where it is for Skeggy will be cheaper than say America
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delwynshd
Old 01-06-2011, 8:13 PM
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Yeah very true lol

Im not in short haul anymore but off years of experience I can honestly say this holiday will be cancelled its a definate error

I know this isnt what the OP wants to hear but most of the general public would of recognised this as an error

Del
I am a Travel Agent

My company’s ABTA numbers are V258X. MSE doesn't check my status as a Travel Agent, so you need to take my word for it. This signature is here as I follow MSE's Travel Agent Code of Conduct.
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Welshdebtor
Old 01-06-2011, 8:25 PM
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Quote:
Originally Posted by delwynshd View Post
Yeah very true lol

Im not in short haul anymore but off years of experience I can honestly say this holiday will be cancelled its a definate error

I know this isnt what the OP wants to hear but most of the general public would of recognised this as an error

Del

OP - Where is the holiday for?And do you think the price you paid is well below average or around average pricing for the resort?£200 for AI is good, but guess it does depend where you are going.

That said, some what confused by the advice I posted from CAB and The Package Holiday Regs and how they could help your case. As reading the reasons permitted for increasing price, without Broadway telling you it's hard to know if the reason of the increase are one of those three.Though without re-reading it I am sure it mentions they should give you a breakdown of the increase.have they told you and how the extra £500 is made up????
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budgetflyer
Old 01-06-2011, 8:42 PM
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Quote:
Originally Posted by ryan7 View Post

They contacted me today to inform that each passenger would have to pay an additional £500+ as there was an error with the booking.
Its £500 more per person.
As I said A MISTAKE
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Welshdebtor
Old 01-06-2011, 8:45 PM
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Quote:
Originally Posted by budgetflyer View Post
Its £500 more per person.
As I said A MISTAKE

Is it not £500 extra in total????
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# 20
Welshdebtor
Old 01-06-2011, 9:54 PM
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This has been bugging me so I checked with an old friend.

If you have a confirmation e-mail or letter the price on there is the price you will pay. They can only use that clause in their T&C's if they put up the price in between you booking and them confirming.

They are within their rights to ask for the extra money and you are within your rights not to pay it and get the price they agreed in your now legally binding contract. They are responsible for the cost of their mistake not you.

This is all based on you having a confirmation e-mail (not just an acknowledgement).

That was from a friend who works in the industry. You are advised to seek professional advice and not rely solely on this.

See http://www.yourtravelrights.co.uk/wh...-holidays.html which backs up her points, and my earlier posts.
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