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I've paid for a holiday on line, now I've recieved a call to say the price has gone up!

50 replies

mummyloveslucy · 08/07/2014 21:39

Hi, I booked a holiday earlier today to florida for 2015. I received a call from them this evening to say it had gone up by £250. They said they act as a travel agent and prices go up and down all the time.
I've just been back on their web site and the same holiday, flights and room are the same price as they were before!
Am I being stitched up? I also got the hotel voucher and it says we have to pay a $3.50 a day resort fee. What on earth is this about?
The holiday is through holidaygems.co.uk.

I'm starting to get a bit worried about all this as it seems dodgy. It is ATOL protected.

OP posts:
mummymeister · 10/07/2014 07:33

mummyloveslucy - was it booked by credit card. if so speak to the company and explain the situation and cancel the payment. ring trading standards at your local council now, this morning. don't give up on this. companies like this bank on people not pursuing them. if you kick up a fuss you will be able to get out of this without paying the huge fees. but, you have to get on to it now. if you stay with this company they will load and load and load more fees and charges. they say it in their t's and c's no limit to what they can charge you so you need to get a grip on it and sort it. good luck. and when its done please post to warn others.

LIZS · 10/07/2014 07:44

Wouldn't it be worse if you got all excited , turned up to catch a flight and then found you weren't on it ? Get out of this now while you can rebook. What forum have you been on , MoneySavingExpert may help .

mummyloveslucy · 10/07/2014 08:55

I've read all the small print and it looks as if I could loose most of the money! They say to cancel a booked order you have to pay 100% of the flight, then 40% of the hotel! This is different to what it says further up the page.

OP posts:
mummyloveslucy · 10/07/2014 08:57

On the forum, everyone has tried to cancel their credit cards but the credit card companies wouldn't do anything as there wasn't enough proof of misconduct. We haven't paid the extra £360 yet for increased holiday cost and transfers.

OP posts:
Sheldonswhiteboard · 10/07/2014 09:01

If paid by credit card get onto your credit card company and ask them to cancel the payment. contact this Co, tell them unless you can cancel free of charge you will take them to the small claims court. Sound like false advertising to me, so you can also threaten trading standards.

If they are saying that the price on the website is an offer, then their email to you with a new price is a counter offer, one you do not have to accept.

Sheldonswhiteboard · 10/07/2014 09:07

just read their t & c's again. It states if they contact you with a revised price they won't take any payment until you have agreed the new price. If you haven't agreed this new price there is no contract, no payment, so nothing to cancel. If they have taken a payment without your authority they are contravening their own t & c's.

mummyloveslucy · 10/07/2014 09:34

I told them to e-mail me the invoice for the amount? After they asked me for the 3 digit dumber of the back of the card for security reasons? I gave it too them as I had intended to pay the rest for the holiday at that point.

OP posts:
mummyloveslucy · 10/07/2014 09:34

Are their phone calls recorded??

OP posts:
apermanentheadache · 10/07/2014 12:38

So, did you know you were paying when you gave them the security code? If not, then you can argue you didn't willingly enter into a contract.

Awful if so!

mummyloveslucy · 10/07/2014 22:30

No, they didn't make it clear I was paying. Also, it was a debit card not a credit card...... I'm f*ed!

OP posts:
apermanentheadache · 10/07/2014 22:35

Oh dear. I think if you call them up and threaten them with small claims/trading standards they may refund you. Devious bastards.

mummyloveslucy · 10/07/2014 23:01

I know... I spoke to my dad about it at length and he said "It's like a bacon and egg breakfast. The hen was involved, but the pig is committed!" I'm the pig I guess.

I can try, but it looks as if I'd loose most of the money. I think we'll have to go. Do all the checks before we leave, get amazing insurance, take a credit card and hope for the best...

OP posts:
LIZS · 11/07/2014 07:18

Have you spoken to Trading Standards/Consumer Direct ? When you book online I think there are specific processes they must follow and iirc you can dispute payments by debit card within a fixed period. Check they haven't already taken the extra.

Elletorrito · 11/07/2014 07:58

You have a 14 day cooling of period to cancel any purchase online. This is under the consumer credit act. Send an email clearly saying that you are cancelling and mention the act. Ask for confirmation of your cancellation within 24 hours.

If no response then find ceo's email address, linked in will give you it if you are on there, if not find their name and google. Contact CEO directly, complain. Threaten trading standards. Give them a date to respond by.

Keep all copies of emails. You will get your money back but it might be a fight.

apermanentheadache · 11/07/2014 07:59

That's rightLIZS. There are distance selling regs. Pleasedon't just roll over, it's what bullies countbon :(

Rosa · 11/07/2014 08:16

Lucy you have some excellent advice on here - it is NOT bacon and egg read the T&C and CANCEL you are honestly asking for trouble and it will probably ruin your holiday. rebook with someone else and have a relaxing holiday.

EverythingCounts · 11/07/2014 08:22

So if the price 'goes up and down all the time', I wonder when they'd be giving you any money back? Point out the website price to them and say 'look it's gone down again so I don't owe you anything'..

Actually, I really think you should cancel using tho advice above. Imagine having this anxiety about what they will do all the way until you go on the holiday. If you cancel it's over.

Branleuse · 11/07/2014 08:25

yrs send a formal letter and email, mentioning the diatance selling act and that its in accordance with your rights.

They actually cant just charge you stuff and keep asking you for more money, no matter what terma and conditions they spout. it needs to be legal too

Elletorrito · 11/07/2014 08:27

Sorry yes it's the distance regs

trikken · 11/07/2014 08:30

I was about to add about the 14 day cooling off period. Definitely fight for your money.

MadameDefarge · 11/07/2014 08:35

Yup. Distanc selling regs, cooling off period.

No contract is worth a bean if it contravenes the law.

FourAndDone · 11/07/2014 08:44

Let us know how you get on op.Smile

mummymeister · 11/07/2014 09:44

I don't think that the distance selling regs apply to holidays. I might be wrong on this - someone will come along and tell me if I am I'm sure. I have rechecked it and googled and this seems to be the case. please don't just carry on with this holiday. this is not the last of the extra charges if whats written about this company on complaint forums is to be believed. they will just keep on milking you. speak to trading standards now and see what you can do.

Elletorrito · 11/07/2014 14:12

www.onlineshoppingrights.co.uk/buying-a-holiday-online-consumer-rights-cancellations-refunds-and-complaints.html

I hope that is a clicky link above. There does seem to be an exemption for holidays but it isn't clear cut, depends on the type of holiday, have a look at the link.

In any event I reckon it's an unfair contract term and that alone should make it possible for you to cancel.

Trading standards will help you.

AttilaTheMeerkat · 11/07/2014 14:53

Lucy

Was also wondering how you are getting on today.

Have you spoken to Trading Standards as yet?.

They will only accept written confirmation re cancellation.

You were unfortunately suckered right in with their "cheap" deals. Their T and Cs are onerous and complicated.

Do not go on holiday with this lot. They are no travel agents, they are basically fight brokers who shop around. You would be better off taking some financial loss (and I think that unfortunately you will not get all of your money back) and restarting. This lot are not ABTA or AITO members either, that is certainly not apparant on their website.

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