travel agent mistake - can they up price?

dmg24

haz31 wrote: »

Did you get a booking ref for your original deal? If so i would think they would have to honour it.

Good luck

I trust you can back up your statement with the relevant legal references?

dmg24

I've had a quick look at the t&c's.

The following is relevant:

A contract will exist as soon as we issue our confirmation invoice.

So you do have a contract. But ...

Prices on the website are changed regularly, however due to the varying price policy adapted by tour operators and airlines our prices are subject to availability.

This is (arguably) an E&OE clause, though it could be phrased more precisely.

Even having taken the above into account, you will have great difficulty arguing against the argument that there has been a Unilateral Mistake, in which case the contract can be rescinded.

gaviebaby

Thanks dmg, 'subject to availability', IMO means that it is available and it still is and another company are offering a similar package & price.

I think I'll give them a wee call tomorrow morning and see what the reaction is! Watch this space!

Cheers,

Gav.

Paddy2eyes

Also take a screenshot of the other site offering a similar deal. This makes it more difficult for them to argue the obvious mistake issue. If someone else is offering a similar deal, it is reasonable to assume that it is a genuine price.

master_of_puppets

if you've paid then they must of booked something, you have handed over your money then a contracted if formed.
i used to work in travel and if we cocked up,we had to take the write-off.
once someone had accidentally cancelled someone's confimed booking, and the only seats left were club class, so one happy customer!

gaviebaby

Have telephoned the aforementioned 'company' and they have said it is a 'system error' from a 3rd party site...... I have sourced a similar deal from another unconnected TA, however, looking for advice.... should I keep the blinkers on and state a contract is signed, sealed, paid for and delivered, OR should I head off with my tail between my legs smug in the knowledge I have a similar deal, allbeit I have to travel an extra couple of hours to reach the airport? Looking forward to some suggestions.....

Once I get this sorted, I will tell you all where and when.... its a corker of a deal apparently!

Cheers,

Gav.

Poppy9

dmg24 wrote: »

Such a low price is likely to be deemed an obvious error, and therefore legally unenforceable

It's not an obvious error though as nowdays we are used to free flights or flights for 1p and if the OP has booked hotel and accommodation then they could have thought it was just one of those bargain deals.

If I was the OP I would contact trading standards to see where you stand legally.

gaviebaby

Baaa Humbugs, they have said a definite No!, ah well back to the drawing board!

Thanks for all your help folks!

Gav.

dmg24

Poppy9 wrote: »

It's not an obvious error though as nowdays we are used to free flights or flights for 1p and if the OP has booked hotel and accommodation then they could have thought it was just one of those bargain deals.

If I was the OP I would contact trading standards to see where you stand legally.

So how many deals have you seen where you can get 14 nights hotel for £20?

Sorry you didn't get anything sorted Gav, but they are in the right to cancel.

delwynshd

How bizzare!!!

Anyone would obviously know that this would be a mistake, 20 pounds for 14 nights hmmmm!!!

Nice try!