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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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I booked a holiday over the New Year marked special offer -

Customer Question

I booked a holiday over the New Year marked special offer - and it was cheap. I booked and paid the full amount once the confirmation e mail was recieved on 31st December.
I have received a phone call today from the travel company who say there had been a mistake and that the price agreed did not include the hotel accommodation and that we need to pay a significant amount more

Where do we stand?

thanks
Chris
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
My name is Alex Hughes and I'm happy to help with your question today.

Please clarify:

Does the booking confirmation that you received contain hotel details?
Did you choose a hotel at the time of booking?
What did you think you were paying for at the time of booking?

Thanks
Customer: replied 2 years ago.


Alex


Yes the whole package was booked hotel, flights and transfers - I have paid the whole sum and received a "paid in full" confirmation - they now say that there was a mistake on the web price and that the hotel accommodation price was mistakenly omitted - I can forward you the confirmation e mail if you have an e mail address


 


Chris


 


 

Expert:  Alice H replied 2 years ago.
Unfortunately we can only communicate via thia site - are you able to cut & paste the content to your reply (ommitting personal details e.g. name/address/dob).
Customer: replied 2 years ago.


I am trying to convert to a word doc


 


No - it wont paste into this format - can I send it on to the e mail conformation responses as a reply?


 

Expert:  Alice H replied 2 years ago.
No. Best to e-mail [email protected]' marked for my attention.

Sadly it may take up to 24 hours to get to me because the Admin is based in the US and has to be logged and forwarded. I'm in London.
Customer: replied 2 years ago.


OK - I will do that - any thoughts though in the meantime - they have offered us the hoiday at cost price to them but that is still an extra £1600 to us - we have asked them to get a more senior person to contact us - which I guess they may do tomorrow


 


It was marked - final confirmation and paid in full and says that this is a binding contract but the small print seems to indicate they can just cancel the holiday


 


thanks


Chris


 


 

Expert:  Alice H replied 2 years ago.
I have to say that my gut feeling at the moment is that if the comlany made genuie mistake then they could ask for the difference in cost or cancel the arrangement and refund the monies that you've paid. The Sale of Goods Act 1979 will not help because this is a service rather than goods. I will very quickly check the Sale of Goods and Services Act 1982 and some case law on the issue to be sure about the law and come back to you shortly.
Customer: replied 2 years ago.


OK - thanks


I will look forward to anything further, but I guess your gut feel is probably right - unfortunately


 


 

Expert:  Alice H replied 2 years ago.
Dear Chris

I have had a chance to think about this further but before I give you a final answer is there any chance of forwarding the e-mail or the T&C's that we discussed?

Alex
Customer: replied 2 years ago.


Yes - I sent it last night to just answer for your attention


 


Chris

Expert:  Alice H replied 2 years ago.
Thank you. I'll come back to you as soon possible.

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