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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45374
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I booked a holiday with Break Free holidays, only a caravan

Resolved Question:

Hi, I booked a holiday with Break Free holidays, only a caravan in Devon for a week in the summer. Paid the amount in full and received an e-mail confirmation. They have now contacted me saying that it was sold to me at the wrong price, I have the choice of canceling or paying the difference ( over £500 difference). On their Terms & Conditions on their website they state that " once I have received an e-mail confirmation, this is then a legally binding contract", It does not state on there that they have the right to cancel a booking once made.
I purchased and paid in full the accomadation that they were advertising, Surely it is not my fault that they made a mistake, please advise if I can stand my ground on the booking,
Many Thanks
S***** *****
Submitted: 8 months ago.
Category: Law
Expert:  Ben Jones replied 8 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 8 months ago.
Please can you tell me how long after the purchase did the company contact you? Thank you.
Customer: replied 8 months ago.
I booked it last Saturday and I received an email yesterday explaining that they had made a mistake, then I had a follow up phone call today, I explained I was not happy, they advertised a product for a certain price and I agreed to purchase it and paid in full . If this was in a high street shop they would have to sell at the price advertised
Expert:  Ben Jones replied 8 months ago.
OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 8 months ago.
Many thanks for your patience. The issue of mispriced items has occurred many times, usually in online sales, and the legal position lies in contract law. You will only have rights once a legally binding contract has been formed and when this happens is a question of fact, together with the terms and conditions you had agreed to. The issue with most online sales is that a contract is defined to only be formed once the items have been dispatched. That is why many people wrongly assume that once they have bought and paid for something they are entitled to buy it at the incorrectly advertised price. In fact the shop could refund the money and cancel the purchase before they have dispatched the item because their terms say that a contract had not yet been formed. The issue here is slightly different in that the terms specifically state that a contract is formed once you receive a confirmation email. Assuming that such email has been sent you can argue that there is binding contract in place and that the price that was agreed is now legally binding between you and the holiday company. So if there was an error in the pricing of the holiday they would be obliged to honour it because any errors should have been spotted before the contract was finalised (i.e. before they sent the confirmation email). So you do have the right to expect them to fulfil the contract or if they refuse – t seek compensation. This is your basic legal position. I have more detailed advice for you in terms of the options you have to take this further should they refuse to budge, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45374
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Law Specialists are ready to help you
Expert:  Ben Jones replied 8 months ago.
Thank you. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

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