Flight refunded due to technical problem with pricing.

unholyangel

The live pricing point while something to keep in mind when buying flights, is irrelevant to the point at hand.

If there was a contract formed then it is binding on both parties. The company are legally obligated to provide the consideration they agreed to provide in exchange for the consideration the OP agreed to provide. If acceptance hadn't occurred then theres no contract to enforce.

Of course, even if there was a contract, how much would it be to source the flights elsewhere?

EllaT23

It was a third party (Edreams) website. The cost direct to the airline was about £80 - £100 more which I assume is why Edreams cancelled the booking.

Is a booking confirmation a contractual agreement?

unholyangel

From their terms:

2.5 The final full price of the products or services selected shall be confirmed once the process of searching, comparison and selection has been completed and the price is available, with a breakdown of costs, before deciding to click on “ACCEPT AND PURCHASE”. The prices are displayed with the daily calculated exchange rates and can therefore vary on a daily basis in accordance with exchange rates. Likewise, taxes will fluctuate in accordance with exchange rates. When You start a purchase, the exchange rate is fixed at that moment and shall be applied to the modifications and cancellations of all products or services that comprise your purchase.

2.6 After ordering your purchase, You will receive a confirmation email, which shall act as a contractual document. This first confirmation email shall contain all the details of the products or services requested. We shall then confirm that your purchase has been entered correctly in the system of your Travel Provider/s and that payment can be processed correctly. Our obligation to process your purchase is subject to payment having been made in full. Once all details are correct, You will receive a second email, within an approximated period of one (1) working day after having received the first email, confirming that your purchase has been processed. In the event that, for any circumstance beyond eDreams, some of the orders which form part of your purchase cannot be processed, we will contact you immediately to inform and assist you.

2.8 We inform You that the email document through which the agreement is formalised is the confirmation emails. This information, apart from being sent to You by email, shall be filed in the eDreams records and may be accessed at any moment, as requested.

You said you received 2 confirmation emails, yes?

EllaT23

I received a booking request email and a booking confirmation email.

zacepi

Can you post the - redacted - confirmation email

waamo

Am I right in thinking this is a Spanish company?

unholyangel

waamo wrote: »

Am I right in thinking this is a Spanish company?

Yes, they are.

DoaM

Do their T&Cs specify a legal jurisdiction?

unholyangel

DoaM wrote: »

Do their T&Cs specify a legal jurisdiction?

Cant remember seeing any jurisdiction clause but EU conventions allow consumers to bring a claim either in the country the economic activity took place or in the member state they reside in.

But the governing law for the contract is england & wales.

mattyprice4004

Book it at the new price and take them to Small Claims for the difference - it's not a clear error, you were booking in good faith and they confirmed.

I'd say you have a good chance with this one