Hoseasons UK Holiday Price Increase

born_again

pinkshoes said:

As others have asked, was it an obvious mistake? E.g. advertised at £1700 but you paid £1500.

Do you have a login to Hoseasons that shows that you've paid the full amount?

If you've paid the advertised price then this sounds like an unfair T&C. 

I'd see if you can find a last minute alternative (some good last minute deals put there) and then insist on an immediate bank transfer so you can book something else.

If op paid via card, then they can simply say no based on AML regs.

the_lunatic_is_in_my_head

Penguin_ said:

Found this on thier website.

11. Changes by us or the Owner 11.1. We and the Owner, reserve the right to make changes to your booking. If there is a mistake, including pricing, we reserve the right to adjust the price to correct the mistake. If you choose not to accept this then the contract between us will be invalid and you will be entitled to a refund. You won’t, however, be entitled to compensation, nor to have the stay at the lower price. 11.2. If we or the Owner need to make changes to your booking, we (on the Owner’s behalf where the Owner is making a change), will contact you by phone or by email as soon as is reasonably practical. We will explain what has happened and let you know about the change; however, neither we (nor the Owner) will have any further liability to you. 

Advise them that 

A term which has the object or effect of permitting a trader to increase the price of goods, digital content or services without giving the consumer the right to cancel the contract if the final price is too high in relation to the price agreed when the contract was concluded.

may be tested for fairness as set out in the Consumer Rights Act and the CMA states

Any purely discretionary right to set or vary a price after the consumer has

become bound to pay is obviously objectionable. Paragraph 14 of the Grey

List particularly highlights the potential unfairness of terms which have the

effect of leaving the trader free to calculate or determine the price so that

the consumer cannot work out in advance of entering the contract how

much they will have to pay under it.

5.23.3 Any term which can be relied on as a basis for varying the price should set

out clearly the circumstances in which a variation may occur, and the

method of calculating the price variation, so that the consumer can foresee,

on the basis of clear, intelligible criteria, the alterations that may be made

106

and evaluate the practical implications for them.110 Similarly a price

determination clause should clearly set out the information to enable the

consumer to foresee what price will be payable depending on the

circumstances.

Whilst they do offer a right to cancel* the clause doesn't clearly define the situations in which the consumer can expect the price to be amended, thus the term is void, the price increase is not permitted and should they wish to cancel the holiday resulting in a breach of contract on their part you shall in turn submit a claim, against Hoseasons themselves as the agent, for loss of enjoyment as established in accordance with Jarvis v Swans Tours Ltd and as per Milner & Milner v Carnival Plc shall be seeking damages of (delete as applicable):

Couples whose plans to marry abroad were wrecked had received between £4,406 and £4,360;

Disappointed honeymooners had received between £321 to £1,890;

Holiday goers on other ‘special holidays’ that were ruined had received between £264 to £1161; and

Holiday-goers on ruined “run of the mill holidays” attracted between £83 and £876.

If they are smart they will forget the £200, if they aren't smart sue them! 

This assumes you haven't underpaid (e.g as example posted above holiday was £1700 but you've only paid £1500 of it), or it isn't a uniliteral mistake, which is one you ought to have known, like booking a cottage for £20 instead of £220, but that is probably unlikely here. 

*They actually say the contract will be invalid which isn't a right to cancel, i.e it doesn't set this out as a clear option for the consumer to dissolve the contract on a discretionary basis. 

Exodi

Terms here for interest:

https://www.hoseasons.co.uk/assets/HOSLP_Booking_Conditions_October_2024.pdf (page 4)

I do find it rich that they include the term (quoted earlier in the thread):

11. Changes by us or the Owner

11.1. We and the Owner, reserve the right to make changes to your booking. If there is a mistake, including pricing, we reserve the right to adjust the price to correct the mistake. If you choose not to accept this then the contract between us will be invalid and you will be entitled to a refund. You won’t, however, be entitled to compensation, nor to have the stay at the lower price.

11.2. If we or the Owner need to make changes to your booking, we (on the Owner’s behalf where the Owner is making a change), will contact you by phone or by email as soon as is reasonably practical. We will explain what has happened and let you know about the change; however, neither we (nor the Owner) will have any further liability to you. 

Yet if the consumer dared to renege on the agreement in the same time frame, they'd keep 95% of the money, "as a genuine pre-estimate of the losses incurred in the event you cancelled your booking within the stipulated time period, taking into account the charges we will incur"

Do they not think the customer might incur similar costs and inconveniences from their late reneging on the original deal, such as transport, pet sitting, time off work, etc?

Seems pretty one sided. This is one I'd probably argue on the grounds of unfair contract terms.

I'd also slap a review on Trustpilot ASAP: https://uk.trustpilot.com/review/www.hoseasons.co.uk

We live in an age where this is oftentimes one of the most effective and quickest ways to resolve things (drawing public attention to it). It works in your favour that they have a relatively good rating (that they'll be keen to maintain).

EDIT: oh dear just read a review from someone claiming their Cornwall holiday was unilaterally cancelled on the day (though they did eventually offer £500 compensation). https://uk.trustpilot.com/reviews/68ac7268c2a871b5187acec0