Pricing errors do happen which is why companies form contracts on dispatch rather than on confirmation. My point is once the contract has been formed they then can't claim a pricing errors. It's not the consumers fault that they haven't put in the correct procedures incase of pricing errors like other companies do.
Well it's in the T&C regarding pricing errors...though nothing stopping the op trying the court system to challenge it, if they don't honour the price.
"Advertised Prices: Mistakes or computer errors occasionally occur, so if any price in our brochure, or on our website or booking system is obviously wrong, then any booking made, based on that price, won’t be valid, and we’ll be entitled to cancel it and give you a full refund."
or
"2. PRICE CHANGES AFTER BOOKING After you’ve made a confirmed booking for a Holiday, there are limited circumstances in which the price of that Holiday can increase. However, the price of Single Components may increase if the component supplier (e.g. hotelier, airline, etc.) changes their prices. In the case of Holidays: there will be no change to the price within 30 days of your scheduled UK departure date, but we can increase the price of your Holiday at any time up to 30 days before the departure date if we need to do so because there’s been a change in the cost of providing your Holiday that’s outside of our control, such as the cost of fuel, airport/port taxes or fees, or exchange rates. We’ll absorb the first 2% of any necessary price increase, but if the increase in your Holiday price (excluding any insurance premiums and amendment charges you’ve paid for) is more than 2%, you’ll have to pay the amount that exceeds 2% plus an administration charge of £1.00 per person together with an amount to cover agents’ commission. If this means you’ll have to pay an amount that’s more than 10% of your Holiday price, you’ll have two choices, either: 1) you can accept a change to a different Holiday that we offer you. If the holiday we offer is of equivalent or higher quality you won’t have to pay more, and if it’s of lower quality we’ll refund the difference in price; or 2) if we can’t offer an alternative, or if you don’t want to accept the alternative Holiday we offer, you can cancel and receive a full refund (except for any amendment charges you’ve paid). You need to decide on option 1) or 2) within 14 days of the date we notify you of the price increase. We may be able to refund any insurance premium you’ve paid if you can show that you can’t transfer or re-use your travel insurance policy.
Should the cost to us of providing your Holiday go down due to any of the changes mentioned above, resulting in your Holiday price decreasing by more than 2%, then we’ll refund the amount of the decrease that exceeds the 2%.
"but we can increase the price of your Holiday at any time up to 30 days before the departure date if we need to do so because there’s been a change in the cost of providing your Holiday that’s outside of our control"
So a input error on their website is within their control ??
I'm no legal expert and will accept that they probably can cancel and offer a full refund. The interesting part comes at what is an obvious misprice. Last week a holiday I was looking at was £420, the week before £258, today £277. Who is to say it's a misprices or an offer. The other interesting thing is they say the contract is formed upon the confirmation invoice, isn't it to late to the claim misprice once entered into a contract.
"but we can increase the price of your Holiday at any time up to 30 days before the departure date if we need to do so because there’s been a change in the cost of providing your Holiday that’s outside of our control"
So a input error on their website is within their control ??
Read the bit about advertised prices, rather than the bit you want too see.
"Advertised Prices: Mistakes or computer errors occasionally occur, so if any price in our brochure, or on our website or booking system is obviously wrong, then any booking made, based on that price, won’t be valid, and we’ll be entitled to cancel it and give you a full refund."
So basically they can do what they like?
Offer three week in the Dom rep for £2.50 then when you book they phone and say you can still have the holiday but it will cost another £1500
A total cop out by the holiday companies
All so one sided
I'm no legal expert and will accept that they probably can cancel and offer a full refund. The interesting part comes at what is an obvious misprice. Last week a holiday I was looking at was £420, the week before £258, today £277. Who is to say it's a misprices or an offer. The other interesting thing is they say the contract is formed upon the confirmation invoice, isn't it to late to the claim misprice once entered into a contract.
It is interesting because the wording is slightly different,....as the pricing error refers to booking, not actual confirmed booking with an invoice issued.
So basically they can do what they like? Offer three week in the Dom rep for £2.50 then when you book they phone and say you can still have the holiday but it will cost another £1500
A total cop out by the holiday companies
All so one sided
Well that would obviously be a pricing error, and they have just charged you the ATOL fee....incidentally what holiday did you book and what price did you get it for? As it should be fairly obvious if it was a pricing mistake.
Well I booked the same hotel for 2 weeks, first 2 weeks in May this year, booked 4 weeks before for £525
Saw the same hotel last weeks of November for £300 for 2 weeks
Thought it was a bargain price all in all
Read the bit about advertised prices, rather than the bit you want too see.
"Advertised Prices: Mistakes or computer errors occasionally occur, so if any price in our brochure, or on our website or booking system is obviously wrong, then any booking made, based on that price, won’t be valid, and we’ll be entitled to cancel it and give you a full refund."
It would be good to see that argued in court whether it broke the unfair terms and conditions considering a contract had been formed.
Thanks dearmrman
Also fiound this interesting
Mistakes or computer errors occasionally occur, so if any price in our brochure, or on our website or booking system is obviously wrong, then any booking made, based on that price, won’t be valid, and we’ll be entitled to cancel it and give you a full refund. All prices can change (up or down) at any time before a booking is made. Your travel agent will tell you the current price at the time you make a booking enquiry. Prices on our web site are updated daily.
So just maybe as we booked on the phone and the price was confirmed by the person
Thanks dearmrman
Also fiound this interesting
Mistakes or computer errors occasionally occur, so if any price in our brochure, or on our website or booking system is obviously wrong, then any booking made, based on that price, won’t be valid, and we’ll be entitled to cancel it and give you a full refund. All prices can change (up or down) at any time before a booking is made. Your travel agent will tell you the current price at the time you make a booking enquiry. Prices on our web site are updated daily.
So just maybe as we booked on the phone and the price was confirmed by the person
I don't think that would make any difference as the person involved was probably confirming from the same incorrect information you accessed.
BTW Glagys, was it an emailed invoice you received or a booking confirmation?
The other interesting thing is they say the contract is formed upon the confirmation invoice, isn't it to late to the claim misprice once entered into a contract.
Not if the terms and conditions which govern the contract explicitly mention the issue of mispricing and the remedies thereof, which in the present case they do. Posts #27 and #30 by dearmrman provide extracts from these and I've provided a further extract below (they are easy enough to find using Google).
The terms and conditions form an integral part of the contract and are accepted by the other party prior to payment and the issue of the confirmation letter/email, and since the price in the case under discussion was obviously a mistake, they are perfectly entitled to cancel the booking and issue a full refund.
I've checked the T&Cs of several Thos Cook websites and they all contain a similar clause re mispricing which is essentially this :
"If any price shown online or on our reservation system is obviously a mistake, then any booking made based on such a price will not be valid and we will be
entitled to cancel any such booking and to provide you with a full refund."
Mistakes or computer errors occasionally occur, so if any price in our brochure, or on our websiteor booking system is obviously wrong, then any booking made, based on that price, won’t be valid, and we’ll be entitled to cancel it and give you a full refund.
So just maybe as we booked on the phone and the price was confirmed by the person
Note the emboldened and underscored words above.
I've looked at Thos Cook's terms & conditions for both web and non-web bookings and they both contain a similar clause, so the booking method isn't relevant.
Well I booked the same hotel for 2 weeks, first 2 weeks in May this year, booked 4 weeks before for £525
Saw the same hotel last weeks of November for £300 for 2 weeks
Thought it was a bargain price all in all
The first two weeks of May are usually the cheapest time for a holiday, as it is the start of the summer season...£300 for November I would expect for somewhere like Majorca or the Algarve...if it was the Canaries, I would be thinking it was the wrong price, and of course depends the hotel as well, as I would not expect the Tivoli Marinotel in the Algarve to be that price either.
The emboldened section is certainly true but it seems not to deter you from arguing from a position of ignorance.
Not if the terms and conditions which govern the contract explicitly mention the issue of mispricing and the remedies thereof, which in the present case they do. Posts #27 and #30 by dearmrman provide extracts from these and I've provided a further extract below (they are easy enough to find using Google).
The terms and conditions form an integral part of the contract and are accepted by the other party prior to payment and the issue of the confirmation letter/email, and since the price in the case under discussion was obviously a mistake, they are perfectly entitled to cancel the booking and issue a full refund.
I've checked the T&Cs of several Thos Cook websites and they all contain a similar clause re mispricing which is essentially this :
"If any price shown online or on our reservation system is obviously a mistake, then any booking made based on such a price will not be valid and we will be
entitled to cancel any such booking and to provide you with a full refund."
It's not ignorance, it's opinion based on what I believe to be fair and true.
Terms and conditions are not always correct and can be unfair and it all boils down to what is an obvious mistake. The holiday I've been looking at over the past two weeks has been £258, £420, £322, £277 and now £231. Is that a misprice, sale or just a reduction/increase in price, none are really 'obvious'.
This isn't just about misprices, it's about misprices while the contract has formed which in my eyes is something different and unfair and would be a good court case against unfair terms. Once you've paid at the supermarket, the owner can't demand you pay more because of a misprices. Once your items have been dispatched from an online retailer the contract has been formed and they suddenly can't just make you pay more or ask for them back. So why is it any different for holiday companies over misprices.
Just to add, if it was an obvious mistake then why did an employee of the tour operator not find the obvious mistake while on the phone. If the employee doesn't see an 'obvious' mistake how is the consumer supposed to spot the mistake.
I was simply asking for clarity's sake. If (generic) we are going to be debating customer rights, post-invoice, it's prudent to ask if an invoice has been issued.
By the way, from what you say you have paid in the past, the cost this booking wouldn't appear to be an 'obvious mistake' - on that basis, I would think you'd have a good chance of TC honouring the booking at the (mis)quoted price. However, in your OP, you do imply the price to be a lot cheaper than usual "we couldn't believe the price was correct".
The first two weeks of May are usually the cheapest time for a holiday, as it is the start of the summer season...£300 for November I would expect for somewhere like Majorca or the Algarve...if it was the Canaries, I would be thinking it was the wrong price, and of course depends the hotel as well, as I would not expect the Tivoli Marinotel in the Algarve to be that price either.
£231 v £423. Exact same holiday exact same dates, different airport. Misprice genuine? It's so easy to try and talk on a forum about spotting misprices on prices but there are so many variables when booking holidays that obvious misprices aren't obvious unless we're talking about £500 being mispriced at £5.
I was simply asking for clarity's sake. If (generic) we are going to be debating customer rights, post-invoice, it's prudent to ask if an invoice has been issued.
By the way, from what you say you have paid in the past, the cost this booking wouldn't appear to be an 'obvious mistake' - on that basis, I would think you'd have a good chance of TC honouring the booking at the (mis)quoted price. However, in your OP, you do imply the price to be a lot cheaper than usual "we couldn't believe the price was correct".
In my eyes if an employee of the company took the booking then it can't be that obvious of a misprice.
In my eyes if an employee of the company took the booking then it can't be that obvious of a misprice.
They possibly did, but it let them book it and a confirmation was issued...they probably didn't know that it could be cancelled if it was wrongly priced once booked & confirmed.
They possibly did, but it let them book it and a confirmation was issued...they probably didn't know that it could be cancelled if it was wrongly priced once booked & confirmed.
My point though is that if the employee booked the holiday at the misprice then the misprice can't be obvious as the employee wouldn't book the holiday if it was a misprice.
This isn't just about misprices, it's about misprices while the contract has formed which in my eyes is something different and unfair and would be a good court case against unfair terms.
We've already established that you are no legal expert but you persist in offering views on the legal position. It's not unfair to include contract clauses which cover "omissions and exceptions". On the contrary, it's quite commonplace.
But if you are so sure that they are unfair, why don't you put your money where your mouth is and lead a crusade to have them expunged?
I know from reading previous threads in which you've been involved that you will never accept that you are wrong so I'll leave this thread now and do something more constructive.
Comments
Well it's in the T&C regarding pricing errors...though nothing stopping the op trying the court system to challenge it, if they don't honour the price.
"Advertised Prices: Mistakes or computer errors occasionally occur, so if any price in our brochure, or on our website or booking system is obviously wrong, then any booking made, based on that price, won’t be valid, and we’ll be entitled to cancel it and give you a full refund."
or
"2. PRICE CHANGES AFTER BOOKING After you’ve made a confirmed booking for a Holiday, there are limited circumstances in which the price of that Holiday can increase. However, the price of Single Components may increase if the component supplier (e.g. hotelier, airline, etc.) changes their prices. In the case of Holidays: there will be no change to the price within 30 days of your scheduled UK departure date, but we can increase the price of your Holiday at any time up to 30 days before the departure date if we need to do so because there’s been a change in the cost of providing your Holiday that’s outside of our control, such as the cost of fuel, airport/port taxes or fees, or exchange rates. We’ll absorb the first 2% of any necessary price increase, but if the increase in your Holiday price (excluding any insurance premiums and amendment charges you’ve paid for) is more than 2%, you’ll have to pay the amount that exceeds 2% plus an administration charge of £1.00 per person together with an amount to cover agents’ commission. If this means you’ll have to pay an amount that’s more than 10% of your Holiday price, you’ll have two choices, either: 1) you can accept a change to a different Holiday that we offer you. If the holiday we offer is of equivalent or higher quality you won’t have to pay more, and if it’s of lower quality we’ll refund the difference in price; or 2) if we can’t offer an alternative, or if you don’t want to accept the alternative Holiday we offer, you can cancel and receive a full refund (except for any amendment charges you’ve paid). You need to decide on option 1) or 2) within 14 days of the date we notify you of the price increase. We may be able to refund any insurance premium you’ve paid if you can show that you can’t transfer or re-use your travel insurance policy.
Should the cost to us of providing your Holiday go down due to any of the changes mentioned above, resulting in your Holiday price decreasing by more than 2%, then we’ll refund the amount of the decrease that exceeds the 2%.
So a input error on their website is within their control ??
Read the bit about advertised prices, rather than the bit you want too see.
"Advertised Prices: Mistakes or computer errors occasionally occur, so if any price in our brochure, or on our website or booking system is obviously wrong, then any booking made, based on that price, won’t be valid, and we’ll be entitled to cancel it and give you a full refund."
Offer three week in the Dom rep for £2.50 then when you book they phone and say you can still have the holiday but it will cost another £1500
A total cop out by the holiday companies
All so one sided
It is interesting because the wording is slightly different,....as the pricing error refers to booking, not actual confirmed booking with an invoice issued.
Link me to that bit please
Well that would obviously be a pricing error, and they have just charged you the ATOL fee....incidentally what holiday did you book and what price did you get it for? As it should be fairly obvious if it was a pricing mistake.
https://scdn.thomascook.com/pdf/Web-TCs.pdf?_ga=1.265905615.132781420.1474801870
I haven't read through it all, so there might be other bits in there.
Saw the same hotel last weeks of November for £300 for 2 weeks
Thought it was a bargain price all in all
It would be good to see that argued in court whether it broke the unfair terms and conditions considering a contract had been formed.
Also fiound this interesting
Mistakes or computer errors occasionally occur, so if any price in our brochure, or on our website or booking system is obviously wrong, then any booking made, based on that price, won’t be valid, and we’ll be entitled to cancel it and give you a full refund. All prices can change (up or down) at any time before a booking is made. Your travel agent will tell you the current price at the time you make a booking enquiry. Prices on our web site are updated daily.
So just maybe as we booked on the phone and the price was confirmed by the person
I don't think that would make any difference as the person involved was probably confirming from the same incorrect information you accessed.
BTW Glagys, was it an emailed invoice you received or a booking confirmation?
The emboldened section is certainly true but it seems not to deter you from arguing from a position of ignorance.
Not if the terms and conditions which govern the contract explicitly mention the issue of mispricing and the remedies thereof, which in the present case they do. Posts #27 and #30 by dearmrman provide extracts from these and I've provided a further extract below (they are easy enough to find using Google).
The terms and conditions form an integral part of the contract and are accepted by the other party prior to payment and the issue of the confirmation letter/email, and since the price in the case under discussion was obviously a mistake, they are perfectly entitled to cancel the booking and issue a full refund.
I've checked the T&Cs of several Thos Cook websites and they all contain a similar clause re mispricing which is essentially this :
"If any price shown online or on our reservation system is obviously a mistake, then any booking made based on such a price will not be valid and we will be
entitled to cancel any such booking and to provide you with a full refund."
What's the difference in Tom cook eyes ??
Note the emboldened and underscored words above.
I've looked at Thos Cook's terms & conditions for both web and non-web bookings and they both contain a similar clause, so the booking method isn't relevant.
The first two weeks of May are usually the cheapest time for a holiday, as it is the start of the summer season...£300 for November I would expect for somewhere like Majorca or the Algarve...if it was the Canaries, I would be thinking it was the wrong price, and of course depends the hotel as well, as I would not expect the Tivoli Marinotel in the Algarve to be that price either.
It's not ignorance, it's opinion based on what I believe to be fair and true.
Terms and conditions are not always correct and can be unfair and it all boils down to what is an obvious mistake. The holiday I've been looking at over the past two weeks has been £258, £420, £322, £277 and now £231. Is that a misprice, sale or just a reduction/increase in price, none are really 'obvious'.
This isn't just about misprices, it's about misprices while the contract has formed which in my eyes is something different and unfair and would be a good court case against unfair terms. Once you've paid at the supermarket, the owner can't demand you pay more because of a misprices. Once your items have been dispatched from an online retailer the contract has been formed and they suddenly can't just make you pay more or ask for them back. So why is it any different for holiday companies over misprices.
Just to add, if it was an obvious mistake then why did an employee of the tour operator not find the obvious mistake while on the phone. If the employee doesn't see an 'obvious' mistake how is the consumer supposed to spot the mistake.
You'd have to ask Thomas Cook that question
I was simply asking for clarity's sake. If (generic) we are going to be debating customer rights, post-invoice, it's prudent to ask if an invoice has been issued.
By the way, from what you say you have paid in the past, the cost this booking wouldn't appear to be an 'obvious mistake' - on that basis, I would think you'd have a good chance of TC honouring the booking at the (mis)quoted price. However, in your OP, you do imply the price to be a lot cheaper than usual "we couldn't believe the price was correct".
£231 v £423. Exact same holiday exact same dates, different airport. Misprice genuine? It's so easy to try and talk on a forum about spotting misprices on prices but there are so many variables when booking holidays that obvious misprices aren't obvious unless we're talking about £500 being mispriced at £5.
In my eyes if an employee of the company took the booking then it can't be that obvious of a misprice.
They possibly did, but it let them book it and a confirmation was issued...they probably didn't know that it could be cancelled if it was wrongly priced once booked & confirmed.
My point though is that if the employee booked the holiday at the misprice then the misprice can't be obvious as the employee wouldn't book the holiday if it was a misprice.
We've already established that you are no legal expert but you persist in offering views on the legal position. It's not unfair to include contract clauses which cover "omissions and exceptions". On the contrary, it's quite commonplace.
But if you are so sure that they are unfair, why don't you put your money where your mouth is and lead a crusade to have them expunged?
I know from reading previous threads in which you've been involved that you will never accept that you are wrong so I'll leave this thread now and do something more constructive.