paid for a holiday and now tour operator has realised the price is wrong and wishes to cancel my holiday as they'll lose money. i want the holiday so should they pay the difference or can they cancel? holiday is not till november
any help appreciated. tried trading standards but they can't get back to me for at least a few days
I suspect the TO is well within their rights to cancel. They *should* honor the price they sold it to you for but, if they have to, they'll find a reason to cancel it. Providing they give you a full refund on what you paid, they probably wouldn't be breaking the law.
But I don't know...that's really just my opinion. I'm sure others who are better informed legally can help.
first thing - don't accept any deal from the tour operator or sign or agree to any action being taken until you HAVE sought legal advice.
My understanding is as follows - but I am NOT legally trained - so this is just my opinion:
The T.O. offers a product (the package). You agree to purchase and they in turn accept your offer (I believe it's technically called your "offer to treat"). By quoting you a price and by then accepting that exact price from you, in full, the contract is sealed and at the price paid.
Next Monday when I've a little more time I'll check into this further. To speed things along you may wish to put this scenario to Ros Fernihough on 01922 621114 - she's a specialis travel lawyer who's advice and action helped me in my claim last summer.
Alternatively, speak to a local solicitor and ask for their opinion - such a question is usually free and their advice can be extremely helpful in pointing you then in the right direction.
It might be worth writing to the T.O. a.s.a.p. (send it registered post) explaining that the contract is now in place and any attempt on their part to cancel will be treated as a breach of contract. Beware, they may cancel and claim this is due to lack of sales - I believe such action is permitted in that instance.
Would be good to get the T.Op. to state, in writing, that they have mistakenly underquotes you. Any future attempt to cancel on lack of sales ground might then prove easier to dispute.
Do ensure everythiing is in writing and send your letters registered ideally, "signed-for" as a bare minimum.
Cheers, Mike
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