Thomsonfly website price error

[Jon6207]

Hi

 

Just wondering if anyone can assist.

 

Last Friday(13/11/09) I noticed while searching for flights an amazing offer on thomsonfly's website. It was a return flight from Manchester to Cancun for £57.78 not including taxes. I decide just to book and got 2 adults 1 child and 1 infant for the pricey sum of £343.32 total.

 

I have received confirmation by email and an e-ticket the money has also been taken from my credit card.

 

They phoned me today saying that it was an error and if I still wanted to go I would need to pay around £1400 and they stated they have seven days to change any errors as stated on there website.

 

There is no mention of this seven day rule that I can see on the site so just wondering if anybody knows if they have to honour the deal.

 

Thanks

 

Jon

[blitz]

Once payment has been taken, and a confirmation sent the offer has been accepted and a legally binding contract made for the services brought. This is even stipulated within their terms and conditions, so I would remind them of this and should they try to break the contract mention that you will seek damages.

[My Real Name]

Thompson.co.uk Booking Conditions

Prices

The Carrier reserves the right to increase or decrease fares, at any time, without notice. In the event that a fare decreases after you have made your booking, we are unable to refund any difference between the fare paid and any lower fare, which may subsequently become available.

Looks like unfair contract terms under the meaning of UTCCRs / UCTA. Perhaps someone with familiarity of the Acts could point out any relevant sections.

 

To be honest, a lot of the Ts & Cs appear to be unfair:

 

Payment

Changes may, however, be made to your booking, subject to availability, as well as the conditions and charges stated in these Terms and Conditions.

So they can change the contract as and when they like?

[ceebee]

Read their own conditions I think the term ''A legally binding contract for carriage will be formed when we send you the booking confirmation with your booking reference by email, fax or by post'' says it all. Send them back a copy of their terms with the relavent clause underlined, in red, bold etc and inform them you will do the same to Trading Standards, Good luck

[blitz]

The part where the carrier reserves the right to increase or decrease fares, at any time is relevant to before you pay and not after the contract has been formed. As it is usual for travel companies, a price on one day will not be the same as the next.

 

Once the contract has been formed, and is legally binding, it is those terms that need to be honoured. This can be stipulated by the fact that should a fare be lower they will not refund the difference. (As if they have spare seats/places very close to the date, they may reduce the price to sell it off quickly). Taking that into account, it can also be stated that if a price is to increase you cannot be charged for the additional amount.

 

A contract can not be changed as and when someone likes, and should they try and suggest this is could be refereed to an unfair term, and reported to the OFT.

[mightymouse_69]

However, if one party is aware that the other may have made a mistake, the mistaken party may withdraw.

 

IMO, £57 for a return flight to Cancun seems very cheap and i would suspect (if i had seen it) that there may have been a mistake made.

 

However - make enough noise about it and you may get a result!

[Jon6207]

Good news!!!!!!!

 

Just off the phone to them and after a bit of an argument they have accepted their error and are honouring the price I paid for the flights.

Rechecked them to see what the price is now and the same flight is £ 2,164.94.

total. So looks like I got a bit of a bargain.

 

Thanks very much for all your replies and Adiós.:grin:

[blitz]

Lol thats just a slight bargain I see. Well done!

[skonk]

Jon6207, fancy finding some flights to the USA for me?!