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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44880
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have seen a holiday online at a £790. I "chatted" online

Customer Question

I have seen a holiday online at a £790. I "chatted" online with an agent and they agreed the price less 4% discount on 6.11.16:
6 Nov: Booking is being processed. Your credit card has been pre-authorised but not charged. World Expeditions is processing your booking request and will get back you shortly.
Hi Claudia,
You can make your booking again here, just click in the green "book now" and fill in your details.
I have adjusted your price in GBP for GBP£758.40.
Best regards,
Carla
So I have paid £250 deposit and am now told:
Hi Claudia
Many thanks for your email. I am afraid it isn't possible to offer you the trip at the £790 price. This was an old price which I am afraid no longer applies. We can only offer it to you at the correct pricing of £1030 per person. So if you would like to go ahead at this price please do let me know.
We are investigating why the correct pricing was not showing on the Tour Radar website and will be urgently updating this. So I am very sorry for any confusion.
Best regards
Nicola
Are they obliged to stand by the advertised price that I saw and was agreed?
Many thanks
Claudia
Submitted: 26 days ago.
Category: Law
Expert:  Ben Jones replied 26 days ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 26 days ago.

How long after paying the deposit were you advised of the pricing error?

Customer: replied 26 days ago.
Within 24 hours
Customer: replied 26 days ago.
You can ring me but not if I have to pay another £44! I have just paid £47?
Expert:  Ben Jones replied 26 days ago.

OK no problem. I am unable to talk at the moment but please leave it with me and I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded 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 26 days ago.

Many thanks for your patience. The key in these circumstances is when a formal contract was entered into. There have been plenty of examples in the past when mispriced items, services, holidays, etc have been advertised online and consumers have tried to enforce what they believe are their rights to hold the retailer to the incorrect price.

However, from a legal perspective it is not as simple as saying a price was issued therefore it must be honoured. What matters is when a formal contract was actually formed. This is not necessarily when you made the booking and their terms could state that this happens when payment is debited or when a formal confirmation email is sent. So what you need to do is check the terms and conditions or ask them to point you to the terms which state when a formal contract has been created during the booking process.

Only if you have satisfied the criteria that gave rise to a formation of a contract with the other side will you be able to hold them to the original price, even if that was incorrect. If no contract was formed and you had not satisfied the conditions to create a contract, then I am afraid they would not be obliged to honour the originally quoted price.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 26 days ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 25 days ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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