Thomas Cook Bargain Holidays or Error

ronniebowman

k3lvc wrote: »

What have you complained about ??

According to the thread so far you've paid your money and they've despatched your tickets but then there's something about '21 days to decide' ?

Or is there a step we've missed somewhere ?

Youve lost me! My complaints in relation to the misleading price quoted by Thomas Cook (as stated previously they have been selling these 'incorrectly' priced holidays for some time so its not a one off error), the fact they have issued me my tickets and i have paid the price advertised but they now what more money from me.

Ive paid the original £40, they have sent the tickets but i have 21 days to pay £2400 or they will cancel my holiday.

I know more than likely they will cancel the holiday, hide behind their T&Cs and refund my £40 however i am unhappy with how they have conducted themselves and the service i have received.

FireWyrm

eskbanker wrote: »

True, but they don't include benefitting from pricing mistakes! As you admit earlier on in post #4, you knew the price was too good to be true, and the Ts & Cs quoted in post #6 cover the mistaken price angle.

True, but the sale of goods act is equally simple and not open to interpretation. They advertised and successfully sold a product at a given price. They took the money and therefore it could be argued that they have entered into a contract to supply those goods at the price charged and paid. It probably isnt worth pursuing, not because the OP is wrong, but because Tomas Cook have more lawyers. There have equally been a number of cases where the courts have made the supplier cough up despite the mistake. The most famous was probably the Hoover flights promotion which almost bankrupted the business providing return flights for those who had bought a hoover.

The bottom line is, when does a bargain price turn into a 'mistake' that can be withdrawn without notice leaving those who have purchased the item without and how much do the individual Ts&Cs of a company override statutory rights in relation to the Sale of Goods Act? Surely, the onus is on the advertiser to get their advertisement right. In reality, that transaction never should have happened, there are extremely simple checks which could have been built in to prevent precisely this sort of thing, but TC have chosen not to do this. The consumer has purchased and paid for something in good faith and can rightly expect it to be delivered as specified.

If I had the money, it would be fun to try.

tomtontom

FireWyrm wrote: »

True, but the sale of goods act is equally simple and not open to interpretation. They advertised and successfully sold a product at a given price. They took the money and therefore it could be argued that they have entered into a contract to supply those goods at the price charged and paid. It probably isnt worth pursuing, not because the OP is wrong, but because Tomas Cook have more lawyers. There have equally been a number of cases where the courts have made the supplier cough up despite the mistake. The most famous was probably the Hoover flights promotion which almost bankrupted the business providing return flights for those who had bought a hoover.

The bottom line is, when does a bargain price turn into a 'mistake' that can be withdrawn without notice leaving those who have purchased the item without and how much do the individual Ts&Cs of a company override statutory rights in relation to the Sale of Goods Act? Surely, the onus is on the advertiser to get their advertisement right. In reality, that transaction never should have happened, there are extremely simple checks which could have been built in to prevent precisely this sort of thing, but TC have chosen not to do this. The consumer has purchased and paid for something in good faith and can rightly expect it to be delivered as specified.

If I had the money, it would be fun to try.

This has nothing to do with SoGA. This is basic contract law. Your advice is so horribly wrong it is embarrassing.

ronniebowman

Clearly, many believe TC can hide behind their Terms, but some of you feel we should fight for our purchase. We are going to see how far we can take this.

I contacted Citizens Advice Helpline who spoke to me today and listened to our story. They have immediately passed this to Trading Standards and advised this is miss-selling by TC. We will be writing a letter of complaint and give them time to officially respond.

Furthermore, on Thomas Cooks Facebook website there is a chap on there who saw the same Dominican 14 days All Incl deal for £20. He printed it off and took it into Thomas Cook on his local high street and requested they price match it. Of course, they did not. He has contacted The Sun and Mirror regarding his story and he has stated they will be running a story on this sometime this week. Due to this, I forwarded our story to The Sun and Mirror also but explained we actually have the confirmation tickets for four people.

Again, the point is, we bought the holiday at the advertised price. Error or not, we have done nothing wrong here. The company are at fault for misleading us a confirming the booking TWICE, first for my wife's parents, then again for ourselves.

ronniebowman

tomtontom wrote: »

This has nothing to do with SoGA. This is basic contract law. Your advice is so horribly wrong it is embarrassing.

Totally see your way of thinking. How do we know what an "error" price is and as previously sated there were many more really cheaply advertised hols, but you just couldn't book them.

There are holidays on TC site now for £106pp. Are these errors? Should I or anyone else expect to pay this price if we book this holiday or should we book it then expect a call to say we need to pay another £1200 for it?? In my opinion, NO ! They are advertising one for £106 right now, so unless I have all of the add on extras, I would expect to pay no more than that, so should anyone else.

Caz3121

ronniebowman wrote: »

There are holidays on TC site now for £106pp. Are these errors?

It depends what the holiday is. I can see 7 nights self catering in Turkey in a couple of weeks for £124 per person which I would expect is the correct price for the time of year and category of accommodation (a friend is just back and most of the restaurants etc were closing down for end of season)
14 nights AI in a long haul destination would never be £20 (the airline taxes alone are about 4 times that amount) it was a very obvious error and I am really surprised that you believe that this could be a genuine price

eskbanker

FireWyrm wrote: »

There have equally been a number of cases where the courts have made the supplier cough up despite the mistake. The most famous was probably the Hoover flights promotion which almost bankrupted the business providing return flights for those who had bought a hoover.

Although there is some superficial similarity in the context of companies attempting to renege on 'promises', these are two different situations - the Hoover promotion wasn't a pricing mistake, it was an ill-thought out offer that was massively oversubscribed.

eskbanker

Caz3121 wrote: »

I am really surprised that you believe that this could be a genuine price

OP doesn't believe that and knows full well it's a mistake, but expects the company to abide by its quoted price!

ronniebowman

eskbanker wrote: »

OP doesn't believe that and knows full well it's a mistake, but expects the company to abide by its quoted price!

We're only expecting to get what we paid for, error or no error.

meer53

ronniebowman wrote: »

We're only expecting to get what we paid for, error or no error.

Has the transaction debited your account yet ?