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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9338
Experience:  I have been practising for 30 years.
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We have just received a booking invoice ( which I assume is

Resolved Question:

Hi . We have just received a booking invoice ( which I assume is a form of confirmation letter ) for a holiday booked with ' Monarch' but have now received an e - mail from them ( which is genuine as I have checked ) saying that the price quoted was in fact an error and that they require a further £ 775 from us . The original price for the holiday was £ 1,818 .00 of which we have paid a deposit of £181.42 . The departure date of the holiday is July 24 2017.
Given that we have received a letter of confirmation based on the original price should we have to pay the extra money ? Thank you .
Mr Ben Burke.
Submitted: 10 months ago.
Category: Law
Expert:  F E Smith replied 10 months ago.

Do you accept that this is an error or has it come as a bolt out of the blue? What I’m getting at is, when you booked the holiday was it obvious that you were getting cheaper?

When did you book the holiday?

How did you pay the deposit?

Customer: replied 10 months ago.
Not at all . We simply booked the holiday , paid the deposit , received the invoice and yes this has come as a bolt out of the blue, absolutely.
Customer: replied 10 months ago.
We booked the holiday 1st septamber 2016. Deposit was paid by credit card.
Customer: replied 10 months ago.
What I meant when I said that the email from Monarch was ' genuine ' is that it was from them . I checked this just in case it may have been an online scam.
Customer: replied 10 months ago.
Could I please have some kind of advice before 5 pm today . Many thanks .
Expert:  F E Smith replied 10 months ago.

I apologise for the delay. I have had clients all day.

If you don’t pay the extra, and the holiday company stick to their guns, then you cannot make them provide the holiday for you if they refuse to do so without you paying the extra.

You appear to have 2 options:

You pay the extra under duress and then you take them to the Small Claims Court to get the balance back.

Alternatively, if you no longer want the holiday at the extra price, you tell them to cancel and you want your money back. If they refuse, file a Consumer Credit Act section 75 claim with the credit card company . section 75 put liability onto the credit card company along with the merchant.

There was an offer and acceptance and a consideration payment and in my opinion, they are bound to provide you the holiday at the price you paid.

Can I clarify anything for you?

Please rate the service positive. It’s an important part of the process by which experts get paid.

We can still exchange emails.

Best wishes.

FES.

Customer: replied 10 months ago.
That's fine . Many thanks
Expert:  F E Smith replied 10 months ago.

I was pleased to be able to assist. Best wishes.

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