Travel agent not honouring contract

bill55bill

somethingcorporate wrote: »

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.

why is it tricky?

The Sale of Goods Act is very clear:

damages for non-delivery.

(1)Where the seller wrongfully neglects or refuses to deliver the goods to the buyer, the buyer may maintain an action against the seller for damages for non-delivery.

(2)The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the seller’s breach of contract.

(3)Where there is an available market for the goods in question the measure of damages is prima facie to be ascertained by the difference between the contract price and the market or current price of the goods at the time or times when they ought to have been delivered or (if no time was fixed) at the time of the refusal to deliver.

StuieUK34

Am confused as to why some call it a 'loss of bargain' ??

How is it a loss of bargain ?
I look on Skyscanner myself, i see a flight, it checks X Y and Z, shows live cost, click the book, takes me to the site, price is still the same, i book, job done....

Why should you do anything different ? why should you call to book ? We live in the moment where business's fail due to online competition, yet some say "phone to book", rather than to use a tool that a company has spent thousands on designing a website to work for its customers.....

Name the travel agent, this is free speech, and by naming does not imply slander.

somethingcorporate

bill55bill wrote: »

why is it tricky?

The Sale of Goods Act is very clear:

Just a few years of experience on hanging about on the CR forums.

I've never seen one where loss of bargain has been successfully argued and a company has been forced to pay out to cover the difference.

Just because it is "very clear" in statute does not make it easy to apply in reality. It means going to court which most people are not willing to do for small sums on money.

bill55bill

StuieUK34 wrote: »

Am confused as to why some call it a 'loss of bargain' ??

How is it a loss of bargain ?
I look on Skyscanner myself, i see a flight, it checks X Y and Z, shows live cost, click the book, takes me to the site, price is still the same, i book, job done....

Why should you do anything different ? why should you call to book ? We live in the moment where business's fail due to online competition, yet some say "phone to book", rather than to use a tool that a company has spent thousands on designing a website to work for its customers.....

Name the travel agent, this is free speech, and by naming does not imply slander.

named above mate, you just need to be BOLD...

arcon5

It would be very tricky for op because the prices fluctuate a lot and they may defend the claim stating op hasn't mitigated his losses.

It's also hard to comment without knowing the company, as it may turn out they have some kind of provision within their terms and conditions.

There has been 1 success story to the best of my knowledge of loss of bargain on this board... can't remember who it was though will will come back with that

bill55bill

bit of a mega bump but the outcome might be of use to someone in a similar position.

Basically, the Travel Agent refunded my money.

I had to rebook elsewhere at a cost of £1800 extra.

I then got involved in an exchange of letters with their solicitor and after much tooing and froing with me rejecting two offers of settlement they finally agreed to settle out of court for £1600.

Overall I had to pay £200 extra than they first quoted me but was very happy because this was still £1200 less (for 4 people) than I could find elsewhere.

So don't give up if this happens to you!

frugal_mike

Fantastic result. Thanks for sharing it.

photome

bill55bill wrote: »

bit of a mega bump but the outcome might be of use to someone in a similar position.

Basically, the Travel Agent refunded my money.

I had to rebook elsewhere at a cost of £1800 extra.

I then got involved in an exchange of letters with their solicitor and after much tooing and froing with me rejecting two offers of settlement they finally agreed to settle out of court for £1600.

Overall I had to pay £200 extra than they first quoted me but was very happy because this was still £1200 less (for 4 people) than I could find elsewhere.

So don't give up if this happens to you!

Who was the travel agent?

this doesnt help anyone without that info.

I can see a post where you said they were named but cant see it myself

halibut2209

bill55bill wrote: »

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!

I've guessing it's travelup

photome

halibut2209 wrote: »

I've guessing it's travelup

Oh yes, that was to hard for me