Booked a trip abroad, need some legal advice..

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3 Jul 2011
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548
Hi All,

I recently booked a 3 day trip to Amsterdam with a popular student company, on the twitter feed of the company they were tweeting a discount code for a trip to Amsterdam with no dates implied. I used this code when I booked and received a discount of £34 so in total I paid £129.

I booked the trip on the 25th of october, today I was emailed by the company stating that the code was for a different trip and that I have to pay up the extra £34.

I've looked through the terms and conditions on the website and come across these statements;


‘Most changes are minor. Occasionally, we have to make a “significant change”. A significant change is a change made before departure which, taking account of the information you give us at the time of booking and which we can reasonably be expected to know as a tour operator, we can reasonably expect to have a major effect on your excursion. Significant changes are likely to include the following changes when made before departure; a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away, a change of accommodation area for the whole or a major part of the time you are away, a change of outward departure time of 12 or more hours, a change of UK departure point to one which is more inconvenient for you and, in the case of tours, a significant change of itinerary missing out one or more major destination substantially or altogether.’

Although it isn't defined above I'd consider a 25ish% increase in price a significant change.

Further on in the t's & c's it says this

'If a significant change to your holiday arrangements is made to the holiday you have booked and for which you have received a confirmation invoice, or if we cancel the holiday within 4 weeks of the original departure date, you may choose to:
1) Accept the changed arrangements as notified to you by us (this may involve a change of resort).
2) Purchase a replacement holiday from us, of at least the same standard if available (and paying supplement or receiving a refund in respect of any price difference)
3) Cancel your holiday and receive a full and prompt refund of all monies paid to us.
We will pay compensation as detailed unless the change is for reasons beyond our control as described below. We will always refund the difference in price if the replacement holiday is of a lower standard and price. You must notify us of your choice within 7 days of our offer of alternative holiday arrangements. If you do not, we will assume your acceptance of the new holiday arrangement.'

By reading through these terms and conditions I believe that I am now entitled to a full refund if I wish for one as I have paid in full, received my confirmation invoice a significant change has now taken place.

The reason for the change is in control of the company as they run the website and were advertising the discount code on their Twitter with no eligibility conditions and I entered the code when I booked and it worked so I believe that I am at no fault and am not required to pay the extra money.

I've emailed the company and spoken to a representative but they haven't been very forthcoming, I'm expecting a call from a 'manager' tomorrow morning, I feel as if they are trying to take advantage of me for a mistake on their behalf.

Is my thinking about this correct?


TL;DR I booked a trip abroad and paid in full, the company have contacted me and said the discount code wasn't meant for that trip so I have to pay in full and it appears to be in breach of the terms and conditions on the website of the company.


Thanks
 
I guess if you aren't that bothered about the holiday, then see if you can cancel it and get your money back.

If you want to go, just stump up the extra £34. Its not much in the grand scheme of things and will be much easier than arguing the toss over it :)
 
I've paid in full and received my booking confirmation and I have a receipt, I don't get a physical ticket as such its all done electronically.
 
Blah blah blah

This is far from clear cut. More information required!

As far as the travel company are concerned, the excerpts you provide are unlikely to be relevant since they will probably suggest that there has been no change to your holiday arrangements per se but you have erroneously used a discount code. Indeed, they may even state that the contract is incomplete.

It will partly depend on how the code was advertised, whether there were any terms and conditions attached and so forth. If there was nothing then you may be able to argue that they must honour the trip at the price paid.

However, this will then depend on the type of confirmation you received from them once you paid for the trip. You may have received just a receipt which does not constitute an acceptance on their part. If you immediately received the email demanding additional funds then it is likely the contract has not been concluded in which case your position is weak.

So... what did the tweet say? Did the tweet link to anything on the website? Were you trying one on, knowing that the code did not really apply? What confirmation did you receive?
 
Thanks for taking the time to reply.

http://imgur.com/EGbY5TV is the tweet that I saw that links to the website, there only implied condition is that the trip is before Christmas which mine is.

When I paid my deposit on 23/10/13 this text was in the email that I received
Below is your confirmation for your place.

When I paid the balance on 25/10/13 I received an email and the bottom it states
Please keep this receipt number for future reference. You'll need it if you contact customer services regarding this transaction.

Thanks for booking with Invasion Travel and we hope you enjoy your trip.

also the email said

Payment Type
Make Full Payment

I didn't receive any further communication from the company until 14/11/13 when they said that the discount code was meant for a previous trip and they asked me to pay more (Nothing in the t's and c's states anything about discount code errors)

When I spoke to a representative on the phone they offered to reduce the cost to £24 instead of £34 which I didn't agree to paying. I think they did this as over 25% increase in cost is a significant change to the booking.

Also in the terms and conditions it states that I am entitled to a refund if a significant change happens to my booking.

Taking into account that they've said

  1. My place is confirmed
  2. I've paid in full
  3. I've received a receipt for my booking
  4. I now owe them an extra £34 due to an error on their behalf

I believe that I am entitled to a refund in accordance with the third condition listed under significant changes..would I be correct in thinking this?
 
Hmmm I'm not a twatterer (or whatever they are called) so some clarification regarding the tweet would you be useful. Does what you have shown mean that Invasion sent the message (albeit publicly) to KingWiizzard? Are you KingWiizzard or have you simply used the code that seems to have been ostensibly offered to him? The full conversation might also be useful for context.

As regards the emails you have received, it could be that they constitute acceptance of your offer but, without knowing what else was included, it is difficult to provide an opinion. I suspect that the email following payment of the balance is likely to be acceptance but there may well be some text in there that states specifically that it is not.

Assuming that the email does indeed constitute acceptance and, therefore, that the contract has been created, then they cannot simply raise the price. This is nothing to do with the changes you note in the T&C (these are more to do with itinerary issues so are not relevant to a price change) but basic contract law. You should, therefore, be able to refuse to pay the additional amount or demand a refund in full (at the least). However, if you have piggy-backed on a discount that was not offered to you specifically but to someone else then your position will be considerably more vague.
 
The message was put on their twitter feed for the general public to see although that particular tweet was directed at KingWiizard, I'm not KingWizzard the code has been tweeded multiple other times to various other people.

I've read through the Terms and Conditions again and it says that the contract isn't created until the e tickets are sent to the rep that I booked with, the rep has yet to receive the tickets so it would appear that the contract has yet to be created.

The company I booked with are a member of ABTA, the code of conduct on the ABTA covers my issue - http://abta.com/resource-zone/faq/301 so it would appear I'm likely to get a full refund if I don't agree to pay the extra money?
 
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