DIRECT HOLIDAYS CAN THEY DO THIS TO ME?????? - HotUKDeals
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DIRECT HOLIDAYS CAN THEY DO THIS TO ME??????

wiz Avatar
6y, 9m agoPosted 6 years, 9 months ago
can anyone tell me if i have any rights as a consumer, i bought a holiday over the phone and paid in full £800 on thursday with direct holidays, i have just recieved a phone call to say they are cancelling because it was a wrong price!!!, and giving me all my money back and if i want that holiday still it will be £283 more!!!
can they do this ?
i am so disappointed ?
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wiz Avatar
6y, 9m agoPosted 6 years, 9 months ago
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#1
Surely once they have taken your money a contract is formed?

I think the difference here to the website misprces that dont get honoured online is that you did it over the phone?
#2
I know they can refuse to sell if for instance you are in a shop price ticket says £10 but it's actually £50. If you have actually paid for the item then you have a contract with them, so I don't think they can. Problem is they can do what they want as they know you probably wont sue them even though they know you could.

You need to email Martin Lewis or national Newspaper, they don't like bad press!
#3
starsparkle2311
well at least you 're getting your money back.

i was so looking forward to it i would rather have the holiday
#4
Sorry to hear about this. You really need to read the small print in the terms and conditions of the booking. Sometimes they state that the booking isn't confirmed until you have received a confirmation email/letter from them - regardless of whether money has exchanged hands.
It also depends on where the company is based, if its not in the UK, our consumer laws don't count either. Hope this helps
#5
michellerfc
I know they can refuse to sell if for instance you are in a shop price ticket says £10 but it's actually £50. If you have actually paid for the item then you have a contract with them, so I don't think they can. Problem is they can do what they want as they know you probably wont sue them even though they know you could.

You need to email Martin Lewis or national Newspaper, they don't like bad press!


do you think a trip to trading standards would help?
#6
not sure if a "contract" is formed until they actually supply you with the goods-others on here will know better than me. If its a shop bought item once you have paid and taken the goods away,a contract is formed and they cant ask for it back,but in this case,they havent actually supplied the holiday until you actually take it so maybe they can do this?
#7
unseenangelwings
Sorry to hear about this. You really need to read the small print in the terms and conditions of the booking. Sometimes they state that the booking isn't confirmed until you have received a confirmation email/letter from them - regardless of whether money has exchanged hands.
It also depends on where the company is based, if its not in the UK, our consumer laws don't count either. Hope this helps


couldnt read it over the phone they just said do you agree to the terms and conditions? i wasnt aware that it wasa wrong price, i had tried to book over the internet but the site had crashed so i phoned the number instread
#8
wiz
couldnt read it over the phone they just said do you agree to the terms and conditions? i wasnt aware that it wasa wrong price, i had tried to book over the internet but the site had crashed so i phoned the number instread

hi its direct holidays a company of thomas cook
#9
wiz
couldnt read it over the phone they just said do you agree to the terms and conditions? i wasnt aware that it wasa wrong price, i had tried to book over the internet but the site had crashed so i phoned the number instread


I'd ask them for a copy of their terms and conditions and have a good read through before going down the legal lines.
Also check where they are registered.
If the T&C's are on your side and its a UK based company, contact consumer direct (trading standards) and they will give you templates of letters to send them if they are in breach of any law.

Did you also take out travel insurance? If so, check your cover, sometimes they also cover cancellations and pay compensation for it :thumbsup:
banned#10
wiz;7907347
do you think a trip to trading standards would help?

in a word, no.
#11
U av no paper work . it was only a verbal booking...
YES i'm sorry to say is the answer they can do it
Until they've booked it at there end which may not be straight away or while u r on the phone.
Nothing u can do only except ur money asap and book another one...
Direct holidays is part of THOMAS COOK GROUP
#12
I think if they have taken payment then a contract surely has been made in which case it may be worth pursuing. If they had not yet taken payment then you are unlikely o get anywhere.
#13
Its not like buying a item from a shop,there are more ins and out with holiday companies than you would believe

They can do this sadly
#14
No booking reference...... NO HOLIDAY....


taken from site.....
1. Agreement By accessing, using, browsing or booking on this site you agree that you have read, understood and agree to be bound by these Terms of Use and you agree to comply with all applicable laws, rules and regulations. Any holiday or other service you purchase using this Site will constitute a legal agreement between you and Direct Holidays. Please note that in order to book Holiday Services on this site you will be required to accept Direct Holidays' Booking Conditions. The Booking Conditions form the legal contract between you and Direct Holidays and govern the terms on which Holiday Services are offered and sold on this Site. Nothing in this site shall constitute an offer of goods or services. No contract shall be formed between you and Direct Holidays until you have received confirmation that Direct Holidays has accepted your booking.
#15
Did you get a confirmation invoice?

if you did contract is formed in there t's & c's if you didn't probably very little you can do, if you got confirmation invoice complain to them and if you get nowhere try ABTA
#16
Just because they sell holidays doesn't make them exempt from normal consumer laws. A clause in their T&C cannot make them exempt from standard consumer law either. If you have paid and they have sent invoice/booking ref then the contract has been formed (they even state this). Essentially the brochure/website is the invitation to trey. You then made an offer and they then choose to accept it. However, they should not take payment until they have accepted your offer. Hence if they took payment I still think you may have some recourse for action.
#17
tinkerbell28
Yes it does, holidays are different, they have certain exemptions because of the variables of the costs involved. What action can they take? Asking for their money back in full, they have got it. Theer is nothing else that can be done.


This is slightly different to a variable price though as, according to the OP, Direct Holidays quoted the wrong price. If they had called a couple of weeks after the booking and said the price had risen due to a variable mentioned in the T&Cs then that would be different.
banned#18
[email protected]... good luck OP
banned#19
tinkerbell28
This is not a regular purchase, it's a holiday, has anyone ever seen how long the t&c's are in there?

You hear about it all the time.


boothy
Its not like buying a item from a shop,there are more ins and out with holiday companies than you would believe

They can do this sadly


copying? :thinking:
#20
stewby
I think if they have taken payment then a contract surely has been made in which case it may be worth pursuing. If they had not yet taken payment then you are unlikely o get anywhere.


yeh taken payment, it was taken straight away out of my bank account, they even posted confirmation of the carparking, but i was getting my tickets through the post so they hadnt arrived yet
#21
travelchic
No booking reference...... NO HOLIDAY....


taken from site.....
1. Agreement By accessing, using, browsing or booking on this site you agree that you have read, understood and agree to be bound by these Terms of Use and you agree to comply with all applicable laws, rules and regulations. Any holiday or other service you purchase using this Site will constitute a legal agreement between you and Direct Holidays. Please note that in order to book Holiday Services on this site you will be required to accept Direct Holidays' Booking Conditions. The Booking Conditions form the legal contract between you and Direct Holidays and govern the terms on which Holiday Services are offered and sold on this Site. Nothing in this site shall constitute an offer of goods or services. No contract shall be formed between you and Direct Holidays until you have received confirmation that Direct Holidays has accepted your booking.


yeh i have a booking reference
#22
tinkerbell28
Yes it does, holidays are different, they have certain exemptions because of the variables of the costs involved. What action can they take? Asking for their money back in full, they have got it. Theer is nothing else that can be done.


i didnt want my money back i just wanted my holiday
[mod]#23
The promise of payment is not enough. Did the money clear?
#24
thanks for advice so far
#25
magicjay1986
The promise of payment is not enough. Did the money clear?


the money was taken out of my account, by switch so yeh it cleared
#26
wiz
the money was taken out of my account, by switch so yeh it cleared
[mod]#27
wiz
the money was taken out of my account, by switch so yeh it cleared


As in, it cleared your account?

I am just trying to pre-empt the next issues of whether they are able to exclude themselves from performance of a contract under their T&C's. If you consider their T&Cs to be unfair then you can report them under the Unfair Contract Terms Act 1977.
#28
tinkerbell28
Which you will get if you pay the extra, it is within a holiday companies rights and will be in their t&c's that they can increase the price before depature by a certain % and ask you to pay or offer a full refund?

Has that bit sunk in yet? If you want your holiday then pay the extra, as yes the company CAN do that. It has always been the case with holiday companies. Been there done it.

that is so unfair, i paid the price that was quoted the travel lady said the holiday had just gone on to late deals and that was the price so i jumped at the chance as we had been to that hotel before for about the same price, i just got a phone call today to say that the price was wrong and that they were giving me a refund i was so upset i didnt know what to do
#29
i thought they could only increase price if say fuel had gone up like in a budget
#30
I would say they have a contract of sale under the sale of goods act. Personally I would write and complain and threaten court action if they do not fulfil their side of the contract. The court fees for a small claim are small, between £25 and £60 for the type of claim you'd be looking at. We've done it before and been compensated £300 (this was a number of years ago), when a package holiday we booked did not meet the description. The holiday company just paid it and the court costs without bothering to defend.
#31
tinkerbell28
Is that not different though as in, they have an obligation to provide what is in the brochure. A it's then a case of mis-discription.

Where as all holiday companies, and it is all have always had in thier t&c's which you agree to on booking that they can increase the cost of the holiday by 10%. That's always been the case, it's not new.


Yes it is different circumstances but the travel company have still entered into a contract of sale which they are obliged to fulfil.

I admit I am not aware of the 10% clause you mention, though the travel company is demanding far more than this. I know they include small print about surcharges, but they have admitted that it was a pricing error so this small print is not relevant.
#32
tinkerbell28
Is that not different though as in, they have an obligation to provide what is in the brochure. As it's then a case of mis-discription.

Where as all holiday companies, and it is all have always had in their t&c's which you agree to on booking that they can increase the cost of the holiday by 10%. That's always been the case, it's not new.

Holiday Prices
Prices on all the holiday pages are quoted per person and per booking and are based on the number of adults sharing as given in the booking enquiry. Accommodation supplements are determined by the date the accommodation is occupied and not the departure date (unless otherwise stated). All prices shown are correct at the time of enquiry, but we reserve the right to change our prices; prices can go up or down. Please note that while our prices may increase, we promise that your basic holiday price will not exceed the price stated in our brochure price panels for each accommodation by more than £150 per person (£250 per person for long haul holidays).



Here this is from their t&c's op as I quoted before, this is not regarding surcharges either, these are listed elsewhere, so this appears to be a generic, we can increase your holiday by this amount clause.

That will be down to you to challenge that as being unfair, after agreeing to it by booking I guess, it may cost.


When I read that in the terms and conditions I understood it that the price can change before you pay for the holiday.
#33
tinkerbell28
Here is a link here


http://www.dailymail.co.uk/news/article-562450/Travel-firms-use-small-print-add-huge-surcharges-holiday-bills-pound-sinks-euro.html

Basically holiday companies as per your t&c's legally can impose charges, and all they have to say is the cost of your accommadation, or whatever has increased significantly from what you paid, hence asking the extra, I have been here and done it before and took legal advice, it's LAW they can do it, that is that.

There is also the fact they have not finalised the contract by actually booking your break or providing tickets.......the only thing you can do if you think you have a case is pay to take them to court to claim the difference.

i have a booking reference number, they did finalise the deal!
#34
tinkerbell28
No this part is not about the surcharges, that is listed elsewhere this is just a generic we can increase your holiday bit, the surcharges are listed seperately.

They say how much they can increase it by, and by law, a holiday firm cannot make you pay more than 10% they would have to offer you the option of a refund., which they have done.

I know as I have been there with this one when we got as nasty suprise, under 10% they can MAKE you pay it, over 10%, they have to refund, offer you the chance to pay, or choose another holiday. As ours was over 10% and we wanted to cancel, that's why we had to get clarification.


Where did you get clarification from? The part of the terms and conditions you state doesn't make it clear that you may be charged extra after actually booking, it just says that their prices can change from what is stated in their brochure. Tesco Direct has a similar bit in their terms and conditions, but it does not mean that everyone having purchased the item has to pay extra as well.
#35
tinkerbell28
Ahhhhhhhhhh they haven't as such because you have no tickets and they haven't booked the accommodation.

When I took legal advice on this I was told, a holiday company can change their prices by 10% and that's that.

Over 10% they have to either offer you a refund, a swap or the chance to pay the difference. We wanted clarification as our company was not as forthcoming with a cancellation.

That's my experience with it, if you think you can challenge their t&c's in court to get the difference that will be your option.

HTH, as there is not a lot else you can do, they have "cancelled" the agreement and refunded and they probably won't back down.

Hope the advice I was given helps, but may I suggest you actually take your some yourself if you are planning on taking a large company to court, when it has surcharges in their clauses they are legally allowed to charge. It may cost you if not, especially if they have grounds for defence, all for £200 :thumbsup: There will be surcharges listed in their t&c's and look up the law don't know what it's called but that 10% thing is defiantely right, 100% as we wanted a refund when ours went past 10% we got it, once we spouted the law :p


yeh it does help, but boycotting the thomas cook group from now on which doesnt leave me a lot of choice
#36
so what do the companies terms and conditons dictate, anyone know?
#37
StudentJo
Where did you get clarification from? The part of the terms and conditions you state doesn't make it clear that you may be charged extra after actually booking, it just says that their prices can change from what is stated in their brochure. Tesco Direct has a similar bit in their terms and conditions, but it does not mean that everyone having purchased the item has to pay extra as well.


so if i book a holiday in the future i will have to put some money aside to make sure i am covered if the company just decides they feel like putting the price up, this just doesnt seem at all legal
#38
There is a difference between a surcharge and a pricing error. The company still have a contract of sale and are not exempt from the law. Small claims exist so that big companies can't bully individual consumers, they have admitted it was there error, they are still able to provide the holiday. Write a letter demanding the holiday at the agreed price or you will issue a court summons. If they refuse it will cost you £25 to claim £300 compensation, enough to allow you to purchase the holiday. They probably wouldn't bother fighting it as their legal fees would exceed this, if they do and you lose what have you lost? £25

I direct you to The Package Travel, Package Holidays and Package Tours Regulations 1992, particularly the section on price revisions which lays out the criteria a holiday company has to meet for surcharges:

a) the contract states precisely how the revised price is to be calculated;

(b) the contract provides that price revisions are to be made solely to allow for variations in:—

(i) transportation costs, including the cost of fuel,

(ii) dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports, or

(iii) the exchange rates applied to the particular package

http://www.opsi.gov.uk/SI/si1992/Uksi_19923288_en_1.htm
#39
any price increases would be the result in increases to the holiday company, fuel surcharges, hotels etc unless you booked a guaranteed price.... this would be shown to be reasonable and in the terms and conditions.

take it on the chin but write them a letter of complaint/sympathy and you may be lucky
#40
tinkerbell28
OP one more before bed, don't go in with small claims instantly, I would be very careful and get PROPER advice first, go through ABTA the regulating body first, and ask them to asses your case.


Because although small claims is easy like JO said, it's not a case of £30 if you looose that's it, if they are within thier rights, fight it and win you will have to pay their legal costs.


For a claim less than £5K you don't pay the other side's costs even if you lose, so it is a case of a £25 gamble (unless you go paying solicitors £100 an hour for PROPER advice).

Saying that, before court action you do need to attempt to resolve the situation, so make sure you write them a letter and give them an opportunity to resolve it.

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