Help!! Do I have any rights...


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Postby holidootsy on Wed May 23, 2007 14:42 pm

If I have seen a bargain holiday online and have evidence via email of the price for it, but the company say it was a mistake on the website and hike the price up is there anything I can do? Am I entitled to get the holiday for the stated price? Any help appreciated, any links to try would be great.. Thanks

Ali
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Postby HW John on Wed May 23, 2007 16:56 pm

If they advertise a holiday for a price, then yes. I remember i booked Alitalia from milan-new york in business class for �30 each way due to some numpty not adding on 3 zero's :D. Its like in a shop, if theres an item there with the wrong price and you pick it up ..under the consumer trades act it has to be sold at that price, otherwise its false advertisement.
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Postby CarolG on Wed May 23, 2007 17:12 pm

Information and prices advertised on websites are not guaranteed. There is usually a disclaimer on websites saying that the information advertised is not guaranteed as being correct.

However, once you enter into an agreement, i.e. reservation made, invoice received and payment made, this is then a legal contact and price is then guaranteed.
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Postby holidootsy on Thu May 24, 2007 15:18 pm

Yeah, I found the disclaimer about the prices not guaranteed unless they are done finally over the phone, so I don't think I have a case unfortunately.. :(
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Postby IainW on Tue Jul 17, 2007 20:13 pm

I was listening to a Internet solicitor on BBC 5Live a few months back and he also stated that if the price is rediculously low and is an obvious mistake then the GOODWILL of the consumer has to intervene and understand that the goods cannot be sold at the mistaken price.

Is there any GOODWILL anymore? i sometimes wonder.
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Postby Honey Bunny on Sat Jul 28, 2007 16:16 pm

This reminds me of a story this last week about Tesco advertising a certain Brand of Kitchen roll packs for 1P, apparantley hundreds of people ordered lots but then they said it was an error and they wouldn't go through with it.
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Postby tom,s on Sun Jul 29, 2007 07:11 am

25. Our pricing policy
25.1 We reserve the right to make changes to and correct errors in advertised prices at any time before your holiday is confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking.

25.2 Flight cost quotations are not guaranteed until the booking has been confirmed and payment has been taken.

25.3 Once the price of your chosen holiday has been confirmed at the time of booking, then subject to the correction of errors, we will only increase or decrease the price in the following circumstances. Price increases or decreases after booking will be passed on by way of a surcharge or refund. A surcharge or refund (as applicable) will be payable, subject to the conditions set out in this clause, if transportation costs or dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at ports or airports increase or decrease or our costs increase or decrease as a result of any adverse or favourable changes in the exchange rates which have been used to calculate the cost of your holiday.

25.4 We will only levy a surcharge in the above cases if the amount of the increase in our costs exceeds 2% of the total cost of your holiday (excluding insurance premiums and any amendment charges), If any surcharge is greater than 10% of the cost of your holiday (excluding insurance premiums and any amendment charges), you will be entitled to cancel your booking and receive a full refund of all monies you have paid to us (except for any amendment charges) or, alternatively, to purchase another holiday from us (as referred to under �Rules applicable when we cancel your holiday" in clause 32).

25.5 If a surcharge is payable, there will in addition be an administration fee of �1 per person together with an amount to cover travel agent's commission (if applicable to your booking). Although insurance (where purchased through us) does not form part of your contract with us or of any �package�, we will consider an appropriate refund of any insurance premiums you have paid us if you can show you are unable to use/re-use or transfer your policy in the event of cancellation or purchase of an alternative holiday.

25.6 You have 14 days from the issue date printed on the surcharge invoice to tell us if you want to choose option (b) or (c) as set out under �Rules applicable when we cancel your holiday� in clause 32.3. If you do not tell us that you wish to choose either of these options within this period of time, we are entitled to assume that you do not wish to do so and will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later.

25.7 Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

25.8 We promise not to levy a surcharge within 30 days of departure.

this is a typical terms and conditions of booking.
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Postby katg4now on Sat Mar 14, 2009 11:19 am

Hello,

Just wanted to know if accommodation providers are within there rights to change your hotel.

I booked my holiday through a website that booked flights, hotels, etc seperately, not as a package, around July/August 2008 and chose a 5* hotel. It was a really good price which at the time of choosing the hotel I wanted to go in, there where a good selection at very cheap rates.

In November last year we received a letter to say our flights had changed to one full day earlier, which caused the problem of changing the hotel. We were told that they would not change hotel dates unless we paid what the price of the hotel was at that time because when we originally booked they say they had made a mistake with the pricing. Eventually, after a lot of emails to and from, agreed to pay for an extra night but we had been told by the website that the accommodation provider had made a mistake with price but would honour it as it was not our fault.

Now, we have received another letter saying the accommodation provider has had to make a change to our booking and will not be able to honour it due to enforced situation, whatever that means.

They gave us an alternative that was also supposedly 5* but I wasnt impressed. It wasnt a patch on the one we originally booked.

They then offered us another 5* hotel which was a lot better but still not what we really wanted.

We have repeatedly asked for an explaination as to why this has happened in the first place but they seem to be avoiding telling us.


I have recently picked a different hotel than the ones offered and I am waiting to see if they will accept it.

I don't think I am being unreasonable in my requests but I do feel that we have been unfairly treated. Are they allowed to do this without explaination?

My family were so looking forward to our original hotel so much as it was perfect for us. We are not saying that we wont except another hotel either but it has got to be one that we are looking forward to going to just as much. If we accepted a hotel that we are not entirely happy with then we would just be comparing what weve got to what we had and it would just ruin our time there.

Any help in this matter would be appreciated.

Many Thanks

Kat
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