Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
Did you book directly with the resort/hotel please or through an online agent?
You mention you tried to book for 14 night but the booking was only made for 7. Do you believe this was user error or a fault in the booking site?
Can they not accommodate you for 14 nights?
In which country is the resort? How did you pay - credit card?
It was booked directly through On The Beach.com and I assumed it was a package deal.
OTB says It was my error
OTB have dragged their feet for so lon I lost all confience in them . They have since come back and asked me to pay some £1500. 00 more than if I booked with XXXXX XXXXX direct.
Thanks. Nevertheless did they confirm they were not able to accommodate you for 14 nights? The reason I ask is it is potentially relevant to your position? Finally do you accept that it was user error or are you sure you requested 14 nights?
The resort is in Mexico and intial deposit of £1,064.40 was taken.
Did they confirm they were not able to accommodate you for 14 nights? The reason I ask is it is potentially relevant to your position? Finally do you accept that it was user error or are you sure you requested 14 nights? Did you pay on credit card?
Initially the said it was not possible to book the hotel for 14 nights, but now have said they can book the hotel but its some 3 month later and I have found a Company who could accomodate which ironically is XXXXX XXXXX who OTB says the fhese flights are with.
Are you able to help me with the final two points above?
This is the full trannscript between myself and OTB I can confirm the ititial deposit was paid bty credit card
Thanks. So there is no other communications verbal or otherwise besides the transcript?
RE:There is a mistake on my booking
05:48 pm 29 Jan
Dear Sirs I have just made a booking less than 5 minutes ago when the pending confirmation came back it showed 7 nights not the 14 I requested. Would you be so kind to cancel this transaction and I will rebook again Thanking you XXXXX XXXXX
10:02 am 30 Jan
Dear Sirs Dear Sirs I made a request to cancel this booking last night at 17:35 straight after receiving the acknowledgement email and realising the error. As yet I have had no received no reply. Please advise as a matter of urgency Thanking you XXXXX XXXXX
11:02 am 31 Jan
I can see Olivia did try calling you in regards XXXXX XXXXX on the 29/01/2014 however there was no answer.
If you are wanting to cancel your booking you will need to submit an on line cancellation request which will then provide you with any cancellation charges.
06:10 pm 31 Jan
11:04 am 03 Feb
Dear Mr C Miller
Many thanks for your message.
There is a note from our agent that they did try and contact you on the land line on your booking.
Once the booking has gone through then cancellation charges will apply and we cannot cover these charges. We can look to assist with changing the booking but any difference does need to be paid by yourself and any changes are subject to availability.
07:02 pm 03 Feb
Evette Thank you for your email. The point I am making is that I reported the error immediately i.e. within minutes to your staff so I do not see how it could have possibly gone through!!! This is not a case of when an error is noticed days or weeks down the line but as I have previously stated the error was reported immediately. So if there were any delays prior to actual confirmation then it was down to your personnel. As I keep stating your company was informed immediately. We have been going to Mexico for the Christmas holidays for over 10 yrs now and always for 14 nights. I know exactly how long the travelling time takes and what is involved in getting there. So there is no way I would have knowingly booked 7 days!! We still want the moon palace departing on the original date specified for 14 nights. I would like to point out that I have all the emails previously sent along with the times they were sent and that goes for the actual booking. I trust you can resolve this matter before it escalates any further Kind regards XXXXX XXXXX PS I do not consider this issue closed as stated on the message board.
05:53 pm 05 Feb
As explained in earlier messages to cancel the holiday the cancellation costs will apply, if you wish to change the dates of the booking you must submit this via manage your booking - making a change & then change dates. Once you have submitted this we can look at getting this re-quoted.
RE:The charges to complete your amendment request
04:34 pm 07 Feb Dear Mr C Miller
Many thanks for your request to change dates. to return on the 04/01/2014.
Flight:TCX 325Carrier:XXXXX XXXXX
Departs:Sun 04 Jan 2015, 16:15
Arrives:Mon 05 Jan 2015, 07:30
The cost to make this change is £3197.50 in total (including any admin fees). If you wish to proceed with the change, payment will be taken in full from the card used at the time of booking.
Breakdown below: Flights: £2160.00 Hotel: £957.50 Administration Fee: £80.00
This quote is an additional amount to your current holiday cost.
The price is liable to change at the suppliers discretion. Please reply to this message if you would like to go ahead with the change.
Please note that this request will be cancelled if there is no reply within 2 days.
Based on the following flights (inclusive of changing the hotel dates):
05:01 pm 07 Feb
Haley Will you email me the Full Holiday summary, flights, transfers, hotel, rooms, board basis etc. Regards XXXXX XXXXX
06:43 pm 07 Feb
Do you wish to go ahead with the amendment?
09:02 pm 07 Feb
Jennie. I take it you people at OTB have a massive communication issue hence the reason I find myself in this predicament!!!!!!! I have already spoken with Holly today at 17.35. Holly is now to forward the new Full holiday Summary at the earliest possible opportunity - As per my email at 17.01 today. Regards XXXXX XXXXX
10:08 am 08 Feb We have notes that you have spoken to Marie and Holly yesterday and requested a breakdown in costings. That much is apparent. However, for us to proceed with the change as detailed above you need to reply confirming the change.
The breakdown of -
Flights: £2160.00 Hotel: £957.50 Administration Fee: £80.00
is additional to your current costings of –
In Flight Extras
Account Balance: £7,148.52
Please reply to this message if you would like to go ahead with the change.
01:27 pm 08 Feb
The cost to make this change is £3,117.50 in total (including any admin fees). If you wish to proceed with the change, payment will be taken in full from the card used at the time of booking.
Breakdown below: Flights: £2160.00 Hotel: £957.50 Administration Fee: £0.00
11:04 am 03 Feb
05:53 pm 05 Feb
is additional to your current costings of
RE:I want to make a complaint
12:09 pm 09 Feb
Dear Sirs Re Booking Reference MYB2818741B Further to my recent emails and telephone conversations to your company and the corresponding replies from several different operatives. I have no option but to make a formal complaint to your company over the way this whole issue has been handled. As I have stated so many time over the past eleven days that the error in the original booking was reported to your company in the first instance by telephone and then immediately by email within minutes of receiving your emailed pending acknowledgment. I have since agreed to pay the extra £3197.50 to change the holiday to 14 nights at the Moon Palace which was emailed to me by Haley-ops on 7 February. After to speaking with yet another of your representative yesterday Saturday 8 February, I have now been informed that yet again another error has been made and the figure of £3,197.00 is incorrect!! I find myself now in a position where I have lost all confidence with On the Beach limited. For all the stress and inconvenience I have had to endure over the past eleven days I now respectfully XXXXX XXXXX you reimburse all monies that have been paid to your company within 7 days. 'Let me assure you that a dismissive two-line apology will not satisfy me.' I look forward to your reply Regards XXXXX XXXXX XXXXX
01:21 pm 11 Feb Dear Mr C Miller
We would like to confirm that the comments provided have been accepted as a formal complaint and will be acknowledged in due course.
Please allow a minimum of 28 days for a full response from the date of the acknowledgment.
Thanks. The only other point I need clarification on is whether you accept that it may have been user error or whether you are sure you booked 14 nights and the website made an error?
I have written several letters to the directors of the company but we are now at deadlock.OTB insist that I pay the remainding balance a total of £4,384.66 just to cancel
I believed I had booked for 14 nights (we go away every year at christmas/New year always for 14 nights) so I would not willingly book 7 nights. As per the transcript I informed OTB with in minutes of noticing the error.
Joshua do you have all the information you require ?
Thanks. the starting point is that a package holiday cannot be unilaterally cancelled in that there is no cooling off period however booking can be cancelled on the grounds of mistake
however, in order to cancel a contract on the grounds of mistake on your part, you would need to be able to demonstrate that the other party was aware of mistake and took advantage of it. This may be difficult to show here. If however you believe that you booked the correct number of nights but an error on their site confirmed the booking incorrectly this would be grounds to cancel
if this is your claim, the burden of proof would be upon the holiday site to prove the balance of probability that you did book what they claim you booked by showing server logs and so on. in your favour, you have the fact that you contacted the site within minutes of noticing the error
In the first instance, you may consider contacting your credit card company asking them to carry out a chargeback against your card under the Visa or MasterCard rules. Different car companies have different time limits for processing charge backs of normally between three and six months so you may still be in time.
if they agree to process a chargeback for you, this places the show on the foot of the website in order to pursue you in the county court if they believe they have a claim. in the meantime, you can consider writing to the holiday company advising that as per exchange of emails you requested a 14 day booking and an error on their website caused a booking to be made for seven days which you immediately notified to them as an error. in addition, at no point have a attempted to mitigate losses by offering you the holiday you actually reserved which would have been a more expensive holiday would have resulted in no loss to them. accordingly, as they have failed to remedy the position within a reasonable period of time you give them notice that you consider the contract to be cancelled on the grounds of common mistake
if your card provider processes a chargeback it is then for them to take action against you if they consider they have a claim. If your card provider is unable to process a chargeback is point, you will need to consider issuing proceedings against them if they refuse to refund your deposit using the Small Claims Court. The simplest way to do so is by using www.moneyclaim.gov.uk
Is there anything above I can clarify for you?
Joshua Could you clarify this sentance for me please
in addition, at no point have a attempted to mitigate losses by offering you the holiday you actually reserved which would have been a more expensive holiday would have resulted in no loss to them. accordingly, as they have failed to remedy the position within a reasonable period of time you give them notice that you consider the contract to be cancelled on the grounds of common mistake
Sorry there is a small typo. It should read: in addition, at no point have they attempted to mitigate losses by offering you the holiday you actually reserved which would have been a more expensive holiday would have resulted in no loss to them. accordingly, as they have failed to remedy the position within a reasonable period of time you give them notice that you consider the contract to be cancelled on the grounds of common mistake
the point of the above is that they had the opportunity to simply extending your booking which would have resulted in a higher profit for them because of the longer booking period and therefore no loss but they have not offered to do so and have not therefore attempted to mitigate their losses. Accordingly they should be restrained in common law from claiming losses on this point notwithstanding the grounds of mistake.
Is there anything else I can help you with?
Joshua I will contact them and state this paragraph and the credit card company also. Is it ok to contact you again should I need any further information.
Yes of course.
If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. This will also save the thread to your account. You are welcome to return if you have any follow up questions without further charge.