Broadway Travel - trying to cancel my holiday

Welshdebtor

ryan7 wrote: »

Hi,
Thank you all for all your help & advice.

The package holiday was booked with Broadway Travel to Fuertaventura:

4 x flights = £592.0
Accommodation is 4 adults in 2bedroom apt, All inclusive = £60
Plus charges, the total cost = £698

I have both email confirmation & PDF booking document.

Broadway Travel said that the hotel was purchased via Medhotels.com
Their error is obviously the accommodation price.

Is that the price you paid or the price they are now asking for?

Edit - Gonna guess paid

ryan7

^^^
Yes. That's the prices paid & now they're asking for an extra £500 each if we wish to go

Welshdebtor

ryan7 wrote: »

^^^
Yes. That's the prices paid & now they're asking for an extra £500 each if we wish to go

Just looked at other sites for the same location AI and prices come to £1200-£1900.

So that increase would make sense, though would be more expensive than the ones I found.

Flights are right, but £60 for 4 adults to spend 2 weeks AI is the obvious mistake. And using my own knowledge of sale of goods act, that could be your only hurdle, though other evidence from Package holiday regs, I have posted does not mention this possible hurdle. All mention NO INCREASES WITHIN 30 DAYS, DESPITE THE REASON.

It's a bit like my hotel booking experience where I paid £150 less than it should of been. Consumer direct told me as the contract was legally binding the hotel would have to honour it.And indeed they did after I threatened them with action.

i.e the price online was wrong, you booked it, the agent checks the booking, if they are happy they confirm it. That now legally suggests they accepted the incorrect accommodation price, and is now legally binding. However they can use the defence "Do you really think you can get accommodation for £60 for 4 people AI?"

Think you need to seek professional advice, as I have confused myself by finding these package holiday regs.

ryan7

which professional advice do you recommend?

real1314

I'd recommend your own first.

This is the question I'd ask myself:-

"Did I know, with almost 100% certainty, that it was a mis-price?"

See, the only way you are likely to get anything out of this is to sue the TA. They will alomst certainly not let you take the trip, so legal action is the only option.
However, they may well make a strong case that you were fully aware that it was an error.
It's a risky endeavour. You could end up with nowt and legal fees to pay.

The other option is to negotiate with the TA to get the trip for a decent discount. :cool:

budgetflyer

Ryan, you must have realised it was a mistake when you booked. £60 All Inclusive for 2 weeks for 4 people is obviously a mistake. Do you think its fair ?
I dont.
Admitedly, Id take it if I got it, but Id hardly bleat if it was found out.

Welshdebtor

ryan7 wrote: »

which professional advice do you recommend?

If it was not for the mention of the "no increases within 30 days" I would say ignore the Package Holiday Regs. In fact thinking about it as the increase has no connection to the 3 reasons needed, I say ignore them.

Any possible dispute is under Sales of Goods Act. But that comes with that possible get out clause of "Did you really think you would get accommodation that cheap?"

This is my thinking:

You booked it
they checked it/passed on details to third party.
they confirmed it by e-mail
So contract now legally binding.

How long ago did you book it? I am guessing if there was a large gap in between you booking and them now asking for more money it will not do them any favours with trying to use the "as if it would be that cheap" clause. As they had plenty of time to notice the mistake.And if you booked it say 2 days ago and they spotted the mistake today, I am guessing may add more weight to their use of that get out clause.This paragraph is me guessing, and do not know if the time period taken to spot the mistake, does affect them saying you should of noticed that the price was too low to be real.

pompeyrich

Welshdebtor wrote: »

Any possible dispute is under Sales of Goods Act. But that comes with that possible get out clause of "Did you really think you would get accommodation that cheap?"

This is my thinking:

You booked it
they checked it/passed on details to third party.
they confirmed it by e-mail
So contract now legally binding.

How long ago did you book it? I am guessing if there was a large gap in between you booking and them now asking for more money it will not do them any favours with trying to use the "as if it would be that cheap" clause. As they had plenty of time to notice the mistake.And if you booked it say 2 days ago and they spotted the mistake today, I am guessing may add more weight to their use of that get out clause.This paragraph is me guessing, and do not know if the time period taken to spot the mistake, does affect them saying you should of noticed that the price was too low to be real.

Some good arguements but also some contradictions, from your Which link:-

"If your offer has been accepted (for example, you pay a deposit, or receive a confirmation email), generally you can insist that the retailer sells you the goods for the price they were advertised at.

The trader could try to argue that it made a mistake with the pricing which could make the contract void. But it would have to show that the price was so low that you must have known it was not genuine: for example, a new leather jacket with a price tag of £2 on it."

£1 p.p.p.n for all inclusive is surely comparable to the leather jacket at £2. Also the time constraints are against the op as a claim would probably have to go to a small claims Court.

Good luck and hope to hear that Broadway have helped but my gut feeling is they won't honour the holiday, hope I'm wrong though.

Welshdebtor

pompeyrich wrote: »

Some good arguements but also some contradictions, from your Which link:-

"If your offer has been accepted (for example, you pay a deposit, or receive a confirmation email), generally you can insist that the retailer sells you the goods for the price they were advertised at.

The trader could try to argue that it made a mistake with the pricing which could make the contract void. But it would have to show that the price was so low that you must have known it was not genuine: for example, a new leather jacket with a price tag of £2 on it."

£1 p.p.p.n for all inclusive is surely comparable to the leather jacket at £2. Also the time constraints are against the op as a claim would probably have to go to a small claims Court.

Good luck and hope to hear that Broadway have helped but my gut feeling is they won't honour the holiday, hope I'm wrong though.

I understand
The "clause" as i have been calling it of "knowing the price was too low" does go against the OP.

The OP has nothing to lose by sending a quick e-mail to Consumer Direct.

But also needs to decide on all possible results.

1. They get the holiday at the price paid.
2. They have to pay the extra £500 per person.
3, They cancel and get a full refund (T&C's even state this aside, plus the Sale of Goods Act would be on their side).

Also a possible 4th: You pay the extra £2000 and upon your return look at recovering the extra cost/compo.

Like I said the OP has nothing to lose by e-mailing CD, I did and ended up with a £180 hotel room for £30.

P_Banks_2

I've just reported the very same Broadway Travel to BBC's Watchdog programme and also the advertising and package holiday regulatory bodies for what I consider deliberately false advertising.

Please try to pick any package deal offered by them on teletext holidays, some great deals apparently, and then try to book it! The actual price rises by at least 50% because, as stated by the telephone rep it's not a live site, even though the Teletext compliance department says it is.

Wrote to Martin regarding this obvious scam, but I've yet to hear anything. Be very wary of Broadway Travel.