Pricing error on hotel booking

tripled

I don't know, unfortuantely I'm not that familiar with the law in that area (or indeed most areas, I'm not a lawyer!), and searching in that area doesn't yeild a lot of useful results. However, I'm not sure they can necessarily "force" the supplier to give them the holiday for that rate, but they might be able to sue them if they don't.

My understanding is, once a contract to supply has been formed, if the supplier breaks that contract and the purchasor cannot get a deal of equivalent or better elsewhere, then the purchasor might have a case for loss of bargain.

I believe it's one reason why Amazon and many other companies don't take payment until they have processed your order, the reasoning being that taking payment in an online transaction is the point when a contract is formed, as they have accepted your offer (it is no longer an invitation to treat).

In this instance the holiday company has taken a deposit and issued confirmation they have accepted the OP's booking. Especially being as they took the booking and payment over the phone, unless the agent advised them over the phone it was subject to confirming the booking with the accomodation provider. In which case they shouldn't have sent the confirmation of booking until it was.... confirmed!

dc49

I'm not trying it on I agree it was a bargain but I and travel republic were both quoted the same price on phone and internet and it is a binding contract, I already have taken legal advice. Thanks

tripled

dc49 wrote: »

I'm not trying it on I agree it was a bargain but I and travel republic were both quoted the same price on phone and internet and it is a binding contract, I already have taken legal advice. Thanks

Would you mind giving us a flavour of what the advice was? It could be useful to others in the future I hope it works out for you.

dc49

A contract was entered into when a deposit was accepted and a booking confirmation was sent to me for the price quoted. So it was a legally binding contact. I will also be contacting the consumer council on Monday

jonesMUFCforever

tripled wrote: »

People always say no chance, but why does loss of bargain not apply? They've taken a payment and confirmed which means a contract has been formed.

This person as blogged about it - and also notes that he got a lot of flack off this forum for trying it...

http://www.bitterwallet.com/bq-%E2%80%93-the-dishwashers-with-no-discretion/13425

The obvious difference here is that the holiday company is acting as agent only whereas B&Q were selling direct.

mildredalien

It seems like the difference between this example and the B&Q one is that the dishwasher was available at £94 or whatever it was, but only 7 were available so they massively oversold the offer and then couldn't deliver. The holiday company are claiming that they quoted an incorrect price by mistake, which is a different thing.

In relation to the current query, of course if you want to pursue it legally feel free - but as a few people have pointed out, make sure you read the terms and conditions of the contract you entered carefully. You (and they) may well have entered into a legally binding contract, but if the terms state that they can change the price under certain circumstances, you will have signed up to this and may not be able to do anything about your current problem.

tightrs

a similar thing happened with me years ago with alpharooms ,hotel hawaii ibiza i paid £400 for a weeks all inc ,they got in touch and asked me to pay their cost price for the hotel which amounted to 10% more to me and they gave me a 10% voucher code for my next holiday i was happy

dc49

I'm not ignoring anything their mistake not mine or anybody else who booked this hotel through 2 different websites at 2 different prices £6 in the difference, they sold it at a price and I bought it so I expect to get what I paid for.

luci

Read the T&Cs.

I also booked a hotel and the agent emailed next day to say it had been priced incorrectly and that price I booked at was for the sister hotel.

The T&Cs clearly stated that a "binding contract" was in place once I received the confirmation. I quoted their T&Cs back to them and they honoured the original price.

dc49

Hope you get this, we were offered a different hotel for the same dates on an all inclusive basis at the same price . Unfortunately I can't remember the name at the moment but I will post it tomorrow. in the travel republic website terms & conditions when you received a booking confirmation and paid a deposit you entered into a binding contract with serhs and they know that. Quote this to them and see what happens, you can print this out via tr website. We all booked in good faith and as I said it is a binding contract{their words not mine} let me know how you get on, thanks