Tour Operators and Travel Agents

Discussions regarding Tour Operators and Travel Agents
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Glynis HT Admin wrote:
:think Hmm so they send you a £100 voucher that you need to use against one of their holidays which, means you end up giving them your custom............ So their error swings into being in their favour.....
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Kiltman HT Mod wrote:
I went trawling through the old emails that are stored in Virgin Media to see if I could find anything regarding my booking and it was from over 2 years ago and I also asked ABTA and this was their responce at that time -

The first thing to say is that the tour operator cannot insist on the client paying the higher price. Equally, however, the client is unlikely to be able to insist that the operator provide the holiday at the lower price. The most likely result will be that the tour operator will cancel the booking and the client will receive a refund of any monies paid.

In these cases the first thing to do is look at when the contract comes into effect. This will be stated in the tour operator's booking conditions but is usually when the tour operator issues their confirmation invoice (not when it is received).

If the contract has not come into effect then the tour operator simply returns any money paid and that is the end of it.

If the contract has come into effect, the next thing to check is when the balance due date is. If the balance due date has not been reached, the tour operator is entitled, under the ABTA Code of Conduct and, usually, under the booking conditions, to cancel the booking and give a refund of monies paid without any other reason.

If the balance due date is passed, the tour operator will not be able to cancel the booking but is likely to argue that the contract has been entered into on the basis of a mistake. If this is correct then the contract will be void and the client will be entitled to a refund but not to any further compensation, nor to have the holiday at the lower price.
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