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Travel agent not honouring contract
bill55bill
Posts: 22 Forumite
Would be grateful for advice.
On 11th October I searched on Skyscanner and found some flights to the USA next August, for 4 people, total cost £1690 inc credit card charge.
Clicked on 'buy' and was sent to the travel agent's website where the screen said 'price is live'
Used my credit card, booked flights and paid in full.
Received a confirmation email saying that my booking was successful and an itinerary was attached showing flights that we had purchased.
Flights had a stopover in each direction so there were four flights in all.
Email also stated that I would receive e-ticket within 24 hours.
Anyway, to cut a long story short, never got my e-ticket, made numerous phone calls, was told my e-ticket was in a queue and would be with me soon. After a week they told me that they were terribly sorry but the airline had cancelled legs one and four of my journey.
I immediately smelt a rat and went onto the Delta airline website to see if this was the case. It wasn't, I'd been lied to.
They still have my money and they still haven't provided me with either an e-ticket for my original booking or provided any alternative flights. I've now written to them by recorded delivery and threatened them with legal action. Still no response!
The Same flights are now £850 each, a massive increase, and a price I cannot afford to pay. I reckon they made a !!!! up by not booking me on the flights straight away and have now lost the opportunity to do so at the original low price.
I have even visited another website, independent of skyscanner or the travel agent that tracks price trends with regards to flights and that website confirms that at the time of my booking prices had indeed dropped considerably so they can't claim 'mis pricing'
Leaving aside all that, I'm extremely peed off that despite all my efforts they haven't even bothered to contact me! Their behaviour is contemptible.
I have been advised that I should now book the flights elsewhere and commence legal proceedings for both the original money paid and the 'loss of bargain' I will suffer due to having to pay £3400 to re-book.
I'm also told that the credit card company is jointly liable under section 75 of the Consumer credit Act.
I'm happy to do that but really don't know what I should do first with regard to a final warning to the travel agent and notifying the credit card company. Obviously I have to purchase the flights again as otherwise there is no loss of bargain but merely a failure to supply goods for the original price.
Do I write to both parties letting them know of my intentions? Do I write to the travel agent giving them a final period to resolve before assuming that they will not meet their obligations with regard to the contract?
Can I get the credit card company to settle all losses without resorting to the courts?
I know the court protocol states that all efforts should be made to resolve the issue before starting court action but I'm really nervous about spending £3400 and then not being able to get anything but my original payment back.
Help please!
Thank you.
On 11th October I searched on Skyscanner and found some flights to the USA next August, for 4 people, total cost £1690 inc credit card charge.
Clicked on 'buy' and was sent to the travel agent's website where the screen said 'price is live'
Used my credit card, booked flights and paid in full.
Received a confirmation email saying that my booking was successful and an itinerary was attached showing flights that we had purchased.
Flights had a stopover in each direction so there were four flights in all.
Email also stated that I would receive e-ticket within 24 hours.
Anyway, to cut a long story short, never got my e-ticket, made numerous phone calls, was told my e-ticket was in a queue and would be with me soon. After a week they told me that they were terribly sorry but the airline had cancelled legs one and four of my journey.
I immediately smelt a rat and went onto the Delta airline website to see if this was the case. It wasn't, I'd been lied to.
They still have my money and they still haven't provided me with either an e-ticket for my original booking or provided any alternative flights. I've now written to them by recorded delivery and threatened them with legal action. Still no response!
The Same flights are now £850 each, a massive increase, and a price I cannot afford to pay. I reckon they made a !!!! up by not booking me on the flights straight away and have now lost the opportunity to do so at the original low price.
I have even visited another website, independent of skyscanner or the travel agent that tracks price trends with regards to flights and that website confirms that at the time of my booking prices had indeed dropped considerably so they can't claim 'mis pricing'
Leaving aside all that, I'm extremely peed off that despite all my efforts they haven't even bothered to contact me! Their behaviour is contemptible.
I have been advised that I should now book the flights elsewhere and commence legal proceedings for both the original money paid and the 'loss of bargain' I will suffer due to having to pay £3400 to re-book.
I'm also told that the credit card company is jointly liable under section 75 of the Consumer credit Act.
I'm happy to do that but really don't know what I should do first with regard to a final warning to the travel agent and notifying the credit card company. Obviously I have to purchase the flights again as otherwise there is no loss of bargain but merely a failure to supply goods for the original price.
Do I write to both parties letting them know of my intentions? Do I write to the travel agent giving them a final period to resolve before assuming that they will not meet their obligations with regard to the contract?
Can I get the credit card company to settle all losses without resorting to the courts?
I know the court protocol states that all efforts should be made to resolve the issue before starting court action but I'm really nervous about spending £3400 and then not being able to get anything but my original payment back.
Help please!
Thank you.
0
Comments
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You should have called to book, that way it is booked by an agent there and then. Booking on a website just puts your booking into a queue to be picked up - yes the price was live, but by the time it is picked up it could have gone up in price. It never fails to amaze me that people purchase holidays for thousands of pounds on a website as opposed to booking over the phone and making sure it is all booked correctly.
I doubt you will get the flights at the original price now. You will get a refund and an apology.0 -
Your CC issuer will be able to help if you have confirmation that you will not receive your flights. A chargeback for non receipt of services can be actioned. Normally this can only be done after the date of travel but if you have evidence that you will not receive what you have paid for they should be able to do this for you. After the chargeback has been actioned, the seller has up to 60 days to challenge it, so if they do this for you, you need to allow this time to pass before booking anything else as the chargeback might reject.
If they are still able to provide part of what you've booked, this might complicate things but your CC issuer will be able to give you more info. You definately won't get the flights for the original price now.0 -
Is the travel agent based in the UK? Which travel agent is it?0
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"I have even visited another website, independent of skyscanner or the travel agent that tracks price trends with regards to flights and that website confirms that at the time of my booking prices had indeed dropped considerably so they can't claim 'mis pricing'
"
Can you let me know which other site that is ?0 -
Would this be a reasonable case for a 'loss of bargain' claim?
Due to the inactions of the agent the OP has lost out financially.0 -
ThumbRemote wrote: »Would this be a reasonable case for a 'loss of bargain' claim?
Due to the inactions of the agent the OP has lost out financially.
Glad you feel the same! Trading standards have confirmed this to be the case, just need to know how to handle the claim rather than discuss the legal position!0 -
"I have even visited another website, independent of skyscanner or the travel agent that tracks price trends with regards to flights and that website confirms that at the time of my booking prices had indeed dropped considerably so they can't claim 'mis pricing'
"
Can you let me know which other site that is ?
go to Kayak.co.uk, search for a flight, choose show toolbox and click on 'fare charts'0 -
Who did you book through, and have you read through their terms and conditions? It *may* be that you did not have a valid booking until it was ticketed.0
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Is the travel agent based in the UK? Which travel agent is it?
It's a UK based TRAVEL agent but I'd rather not stick the full name UP at this stage...
Used them last year, had no problems, got a good deal, automatically used them again, I should have done a search on them first though, the reviews found online are dreadful!0 -
Making a "loss of bargain" claim stick is tricky. We're yet to see a successful claim on the CR forums of this so good luck, you are going to need it.Thinking critically since 1996....0
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