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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25470
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I paid a deposit all inclusive holiday and my

Resolved Question:

I paid a deposit for an all inclusive holiday for me and my grown up 3 children then 2 days later the agent phoned saying their computer had made a mistake and not charged t
2 people the all inclusive rate despite 2 rooms having been booked. He now wants to charge me £1000 more for the holiday, can they do this?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I ask if you have a breakdown of what is included in the holiday and have a quoted price for the correct information and number of people please or do you not have anything in writing yet?
Did the agent previously confirm that your booking was confirmed in writing or did the above come to light before your booking was confirmed?
Do you have a link to the agents terms and conditions or their website?
Customer: replied 2 years ago.
Yes confirmation in writing, by email and confirmation 2 rooms booked after deposit paid and flights booked with transfers. The travel agent was best at travel, an Internet company and the holiday to St Lucia on 16th August returning 25th August this year
Thanks
Expert:  Joshua replied 2 years ago.
Is it this one? http://www.bestattravel.co.uk/
Customer: replied 2 years ago.
Yes
Expert:  Joshua replied 2 years ago.
Many thanks. I have reviewed their terms. Just one final question if I may. From what you say am I correct to understand they have issued what they call a " confirmation invoice" confirming the itenerary and accomodation for your holiday setting out that it is all inclusive?
Customer: replied 2 years ago.
Hello
It is called confirmation and invoice with booking reference 127040. Board is specified as all inclusive. Only way I can give more detail would be to forward it to you, thanks
S
Expert:  Joshua replied 2 years ago.
That is great thank you. According to the agents terms once they have issued the confirmation invoice a bind contract exists between you and they and neither party can thereafter cancel unilaterally or alter the terms of the holiday significantly without the others agreement.If they have made a mistake unless you knew of their mistake and sought to take advantage of it and they can prove as much on the balance of probability which I assume is not the case, they cannot seek to charge more than they charged nor alter the terms of the holiday substantively without your agreement.If they wish to change the terms of the holiday their terms provide you can either have a refund or you can require them to provide an alternative holiday of comparable standard.Accordingly you may revert to them expressing that you are sorry that they made a mistake but you entered into an agreement with them in good faith and agreed the holiday based on the specifications you agreed as per the confirmation invoice and you expect them to perform their agreement and are not prepared to pay any more. You can go on to advise that if they refuse to provide the holiday as agreed, then you reserve your right to book the holiday with an alternative supplier and look to them for any difference in the cost of the holiday with another supplier.If necessary you may consider issuing proceedings in the county court to recover such a difference between the present holiday and the cost of a replacement holiday of equivalaent spec with another agent. If you are forced to do so, the simplest way to do so is by using the courts online issuing service:https://www.moneyclaim.gov.uk/web/mcol/welcomeI hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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