Airline "undercharged" now wants me to pay more.

vikki1

I'm sure that a verbal contract is entered into when you and the company agree a price. If you have already paid what was originally quoted, I'm 99% sure they cannot now charge you extra, genuine error or not. However, if you have not paid anything yet and they have called to correct the quote, then unfortunately i think you might not win this one. Worth looking into the legal details of when a company offers you a deal that is agreed upon. Hope this helps!

tafelberg

This depends on several factors. Under IATA regulations it is incumbent on the passenger to pay the correct fare pertaining to the journey undertaken, except in the event of an involuntary reroute or change.

If the airline undercharges the passenger they are theoretically entitled to request the additional amount, but not to take it without authorisation. If it was the result of a system error or human error on the part of the airline, the bad publicity resulting from a claim would normally make claiming the money pointless and, having worked in revenue accounting for an airline, I know that most airlines would take no further action.

If the passenger bent the rules, for example by purchasing a cheap return ticket and only using the outward portion of the ticket, where this would result in a higher fare, the airline would be entitled to bill for the difference, and many say this in the terms on their websites or agency agreements.

I know this answer may not be helpful in the context of the specific instance, but without knowing the airline involved and the place where the contract was made, it's hard to give a specific answer. In all probability, the airline is within its rights to demand the extra, but would be foolish to do so.

Pollycat

Hurtlocker wrote: »

@ Pollycat: I'm a bit confused by your last response as I did make reference to a System Error in my original post. I guess its system errors all round this week :rolleyes:

OK, You did mention 'system error' in your original post - my mistake (not a 'system error' at all).

Happy flight! :rolleyes:

hollydays

The worst case scenario would be where the website showed the higher price,but a glitch allowed a lower price to be charged,I hope that's not the case.

Pollycat

hollydays wrote: »

The worst case scenario would be where the website showed the higher price,but a glitch allowed a lower price to be charged,I hope that's not the case.

From what I can gather, the OP booked flights but wanted to change dates.

The airline gave him/her a price for that change over the phone.
I assume the OP paid that amendment price there and then.
The airline rang later to say that the price they quoted/charged was less than it should have been - to the tune of £100.
So to me, it doesn't sound like a straightforward change (as in a name change), more like the difference between the cost of the original flights and the new flights.

It's not clear (at least to me) whether the OP has resolved this issue (on the basis of the conversation with consumerdirect.gov.uk) with the airline or if they just intend to leavce things as they are (having paid the lower amendment price) and just tirn up at the airport quoting their 'rights'.

The OP refers to this here:

That said, rather than waiting for the date of departure for the moment of truth, the aim in knowing and fighting for your rights as a consumer is to edge the dispute in your favour when reaching a mutual agreement with the airline. Thanks to consumerdirect, I and hopefully other readers of this post who might be in a similar situation are now in a position to do just that

I hope the OP comes back to let us know what the outcome is - i.e. confirm that the airline has agreed that they have no right to charge extra after the fact.

Hurtlocker

Many thanks to vikki1 and tafelberg for the handy advice. To answer vikki - I have paid already, but it's good to know verbal contract may also be binding. Tafelberg, there has been no rule bending on my part. It seems things are moving in the right direction with the airline, though I don't want to take anything for granted till i get final confirmation in the form of an e-ticket receipt

@ Pollycat - Apologies accepted, though I don't understand why you mock the use of consumerdirect.gov.uk as a way for consumers to learn about their rights. Needless to say, it's not the confirmation from consumerdirect.gov.uk of a consumer's rights that will ensure the matter is resolved, but rather the value of the confirmation as a negotiating tool, and how it's used, that hopefully will.

@ Hintza - I'm amused by the name calling directed at me - it certainly puts the quality of your "common sense answer" into perspective. Both, alas, probably best kept to yourself.

BFG_2

Do whatever gives you confidence that you will fly on the appointed date andf time.

If this invloves paying more, then do it....and then [after they refuse to give you your money back] issue proceedings against them - costs about £30 whcih you get back if you win.

Small Claims trackl of County court - piece of cake.

Pollycat

Hurtlocker wrote: »

@ Pollycat - Apologies accepted, though I don't understand why you mock the use of consumerdirect.gov.uk as a way for consumers to learn about their rights. Needless to say, it's not the confirmation from consumerdirect.gov.uk of a consumer's rights that will ensure the matter is resolved, but rather the value of the confirmation as a negotiating tool, and how it's used, that hopefully will.

I can't see where I've mocked consumerdirect.gov.uk

My point was that even though they can ADVISE you of your rights (which is great) to allow you to resolve an issue, they can't ENFORCE them when you're in a situation where you're arguing the toss with a supplier - e.g. demanding to be allowed to board a plane.

And, I'd like to point our that this is a forum and when you post asking for advice, you'll get lots of differing opinions.

Next time you want to know your RIGHTS, you may be better contacting Citizens Advice Bureau or a solicitor.

Calan_2

Well, firstly, it is a breach of contract as you and the airline agreed to a set price and they have now changed it without consulting you - i.e. they changed it without your permission and now are charging you more.

Secondly, I would write to the Manager of the airline informing them that they are trying to charge you more than the agreed price. This then makes it the Trades and Descriptions Act - they have advertised something which isn't true - intentionally or not it does not matter. Therefore, you now have two Acts of Law which they have broken and could land them with a heavy fine.

Thirdly, I would go to a Solicitor and ask them to write a letter explaining what you believe they have done, the Solicitor will confirm this and say that proceedings may then occur.

This will be enough to make the airline's Solicitors/Barristers/Paralegals realise what they have done.

Once you have paid for something you have a contract between you and the company you are buying from, which means they cannot change it after you have paid for it.



*This is my views on it, I am not legally trained, however, I know a bit about Law*

cleo1299

Pollycat wrote: »

I can't see where I've mocked consumerdirect.gov.uk

My point was that even though they can ADVISE you of your rights (which is great) to allow you to resolve an issue, they can't ENFORCE them when you're in a situation where you're arguing the toss with a supplier - e.g. demanding to be allowed to board a plane.

Also - maybe because Consumer Direct doesn't have any responsibility for enforcement, and maybe also because the people on the phones don't seem to have more than pretty basic training, the answers they give aren't always all that reliable. I think they're really just there to take the heat off Trading Standards.

And, I'd like to point our that this is a forum and when you post asking for advice, you'll get lots of differing opinions.

Next time you want to know your RIGHTS, you may be better contacting Citizens Advice Bureau or a solicitor.

Yep.