BA Holiday bought and paid for, but advertised at wrong price!

terry252

Hi

I have bought a holiday on the BA website and paid for it. The money has been taken from my credit card. I have now had a phone call saying that the price on the website was advertised incorrectly and that they have downgraded us to a basic room room rather than the deluxe room. Can British Airways do this? We have complained as we felt that the price was not that different as there was an offer on at the time. How can we make BA honour the contract? Causing a lot of stress!

Thanks

ShaneUK

How much was it advertised for, and how was did you pay. Was the price offered obviously incorrect?

Also - what is the difference in this case between the two rooms?

Normally, with physical goods, if a price is wrongly advertised and the consumer buys, if the company realise their error before the goods are dispatched, then they can cancel the order before dispatch. Once dispatched however, the contract is complete (as far as I understand).

I am not 100% sure that the same would apply to a holiday, but I would have thought so.

terry252

It's about £1000 cheaper. But we had no idea, as it had an offer on saying 14 nights for the price of 12 or something like that. Instaed of having a villa by the sea, they now want to offer us a room inland, Quite a big difference. If they had not taken the money i would understand, but they have taken the money and the mistake was on the website for at least 3 days before being corrected

bobajob_1966

How much was it and how much should it be? £1000 means nothing without knowing the relative figures. When are you due to travel?

terry252

It should have been £2000 and we paid £1000. Not due to travel until June 2012

bobajob_1966

I'd call such a substantial difference obvious, you certainly would not get such a difference as a result of a 14 nights for the price of 12 offer. They do cover themselves for such a situation, their t&c's contain an errors and omissions clause.

Are they willing to let you cancel the booking if you wish to?

joess

Yes they can do it, they'll have an error and omission clause hidden in their T&C's somewhere.

bobajob_1966

joess wrote: »

Yes they can do it, they'll have an error and omission clause hidden in their T&C's somewhere.

It's not hidden - the first point in their 'cancellations by us' section.

PZH

terry252 wrote: »

How can we make BA honour the contract?

I assume these are the T&C's you have agreed to ?

8. Changes or cancellation by us
8.1. It is unlikely that we will have to change or cancel your booking. If we do make changes then we will inform the person who made the booking as soon as we reasonably can. We reserve the right to make changes that are not significant and to correct minor or obvious errors in your booking details at any time without liability to you.

8.2. We will take reasonable steps to avoid having to cancel your booking. In the unlikely event that we are to cancel your booking we will notify you and we will provide a full refund.

8.3. We are only liable to you for cancellations or significant changes to your booking by us. A significant change is one that we make to your booking before your departure that affects an essential term of your contract. Examples of a significant change includes changes by us to:
•your destination area;
•your booked accommodation to that of an alternative property of a lower rating;
•your departure times or accommodation occupancy periods by more than 12 hours.

8.4. Where your booking includes accommodation please note that the following is not a significant change:
•A change of rating for the accommodation where the quality of the accommodation has not changed significantly since the time of the booking and the facilities are substantially as set out on our website or equivalent;
•A change in the accommodation where substitute accommodation is offered in a similar location and at least equivalent quality (at no additional cost to you);
•A change in the particular type of room booked where the substitute room is of at least equivalent quality.
8.5. We are not liable to pay you compensation even for significant changes to your booking if Clause 11.3 applies.

8.6. If we make a significant change to your booking then, whether compensation is payable or not, you have a choice. You may:
•accept the changes; or
•accept substitute arrangements of equivalent or superior quality that we are able to offer you; or
•accept substitute arrangements of lower quality that we are able to offer you together with a refund of the difference in price between the original and the substitute arrangements; or
•cancel your booking altogether, in which case we will refund in full all money you have paid us for the booking.

8.7. You must tell us which one of the above choices (under Clause 8.6) you make within 7 days of being informed of the significant change we are making, or as soon as reasonably practicable if your departure is less than 7 days from the date you receive notification. If we do not receive notification from you about your choice you are deemed to have accepted the option in Clause 8.6(a) above.

8.8. Unless Clause 11.2 applies, you agree that if a significant change is made to your booking, whichever choice you make under Clause 8.6 above, we will only pay you for losses which may fairly and reasonably be considered as arising naturally (that is, according to the usual course of things) from the significant change we make.

Pay careful attention to Clause 8.7 !!

steven504

Just cancel the holiday and look somewere else.