How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thegonnec Your Own Question

Thegonnec
Thegonnec, Judge
Category: French Law
Satisfied Customers: 89
Experience:  11 years experience as judge at Paris Industrial Tribunal
46873171
Type Your French Law Question Here...
Thegonnec is online now

We have provided a booking system to a company registered

Customer Question

Hi
We have provided a booking system to a company registered in france, they provide holiday villas for short term lets. The property was advertised on booking.com and there was an error, so the price was dramatically lower than it should have been.
A french client has booked the property and our client has never accepted the booking and has never processed the payment. Booking.com are saying it is not their problem as they are just an intermediate, so the client is threatening to take my client to court for compensation for not delivering the product at the advertised price.
Where do they and we stand on this?
Thanks
Andy
Submitted: 1 year ago.
Category: French Law
Expert:  Thegonnec replied 1 year ago.
Hello,If the price is much below normal/average price for this type of booking (let's say 10% or less of normal price) the court, if it ever gets there will dismiss the claim. If the price is far to low, according to your client, but not totally unreasonable in a competitive discount environment, the court is most likely to grant compensation to the claimant. In this case, if the error was due to the booking system you provided, your professional liability insurance, or yourself if you have no such insurance will have to pay.
Customer: replied 1 year ago.
The price was around €3,400 for august and they booked it for 816 euro's which is over 75% discount! The client was told immediately that the price was an error and that the correct price is €3,400, however they believed they knew / understood french law and were insisting the holiday be honoured and if the holiday was not honoured they would request compensation! I have never heard anything like this before, in the UK the contract would not even exist as we never sold the holiday.
Expert:  Thegonnec replied 1 year ago.
Considering the information above, if they decide to pursue the matter, it will be up to the court to decide. At a 75% discount it is likely that the claimant be dismissed but not certain. This will depend on whether your client can for example prove that this property had previously been advertised in a summer period at 3400 €/month. Or that it is the normal price for this type of property. A price listed on a booking site is contractual, unless it can be proved that it is grossly understated. And the burden of proof lies on the advertiser.
Customer: replied 1 year ago.
Thank you Thegonnec, I appreciate your feedback. I think in this incident the price has been grossly understated, the property is still advertised by my client and the 2016 prices are listed so the price is readily available at the correct price. My client is considering offering her compensation at my expense / insurance, as she really doesn't want this to go to court. But i think based on your comments a strongly worded letter to the customer from my client should stop any legal proceedings.

What Customers are Saying:

 
 
 
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H.
< Previous | Next >
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H.
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
 
 
 

Meet The Experts:

 
 
 
  • Thegonnec

    Thegonnec

    Judge

    Satisfied Customers:

    89
    11 years experience as judge at Paris Industrial Tribunal
< Last | Next >
  • http://ww2.justanswer.com/uploads/TH/Thegonnec/2012-6-6_22222_Photoprofilsmall.64x64.jpeg Thegonnec's Avatar

    Thegonnec

    Judge

    Satisfied Customers:

    89
    11 years experience as judge at Paris Industrial Tribunal
  • http://ww2.justanswer.com/uploads/JO/JoseMagadan/2013-6-27_16279_IMG6290copia.64x64.JPG José M.'s Avatar

    José M.

    Attorney

    Satisfied Customers:

    21
    Spanish Attorney
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Attorney

    Satisfied Customers:

    6
    Private practice with experience in common law, civil law, international family law, and international contracts.
  • http://ww2.justanswer.com/uploads/MS/MsAM/2012-6-9_16426_anna.64x64.jpeg Anna's Avatar

    Anna

    Teacher, writer, biologist

    Satisfied Customers:

    270
    Great research skills, variety of work experiences, teaching experience.
  • http://ww2.justanswer.com/uploads/PD/pdheslin/2012-6-6_232056_pambig.64x64.jpg pdheslin's Avatar

    pdheslin

    Consultant

    Satisfied Customers:

    51
    20+ years of internet site creation and search engine optimization. Dozens of search tools at my disposal.
  • http://ww2.justanswer.com/uploads/BL/blueflowers1063/2013-10-10_35834_KimHolidays1.64x64.jpg Kim D.'s Avatar

    Kim D.

    Consultant

    Satisfied Customers:

    27
    Researcher 20+yrs in small and large institutions
 
 
 

Related French Law Questions