HI there ,
i was wondering if you could help us with our problem. We booked a holiday with Thomson /ThomsonWorldwide to fly business class to bangkok then onto phuket, with 14 nights accomadation in phuket and four in bangkok.
We received our quote and booked , paid a deposit, then received our documents stating we were in economy class. We have called on numerous occasions (all recorded) and requested the amended documents each time being told we were indeed booked in business and assured it would be amended.
After speaking with **** (Snr manager) we have been told that there was an error on the day we booked on their computer system meaning we were quoted cheaper than we should have been.
She admits that is is a mistake on the part of Thomson Worldwide and that despite having repeated conversations (recorded calls) with various teams (and being advised they had held our business seats ) all of whom assured us of our booking, owing to them being unable to load the seats on the system at the price they quoted us they will now not honor the booking.
They have advised that if we do wish to fly with them we must pay an extra £1646 (not originally quoted until now) or cancel. Their legal department has advise that page 314 in the small print states if their is a reasonable error in the documents they can charge extra. They admit misselling and misleading us but will not honor our booking due to their mistake.
They have recording of the initial booking confirming prices, business flights and hotels, also recordings of the conversations between ThomsonWorlwide and the agents confirming business clas all the way through and our booking price.
Could you please help us or give us some advise
Kind Regards
Mr Chris J Durber / Mr Ian Woodward
*Admin edit to remove staff name - Glynis*
May I suggest that you contact - Ros Fernihough, Travel Law Solicitor - Tel :- 01922 621114 -
Ros will give you free, impartial, expert, advice. She has helped many members of HT.
We can only express our own, personal, opinions.
fwh
Ros will give you free, impartial, expert, advice. She has helped many members of HT.
We can only express our own, personal, opinions.
fwh
i agree would be best to ring ros and find out where you stand,
but i will tell you about a similar thing that happened to us, this might help you, we booked a holiday with airtours for last year for our wedding although only booked a normal package not wedding package, i got a quote over the phone with what was then lunn poly , i questioned it as it seemed too good a price but she confirmed it was right, i paid my deposit then i received the confirmation from lunn poly a few days later,it wasnt til about 2 weeks later i got a letter from lunn poly telling me that the system had given them an incorrect price and unless i paid another £1500 my holiday would be cancelled, they said they couldnt do anything about it because i hadnt received a confirmation from airtours, i did everything i could to try and sort this out but to no avail, i went into lunn poly in person , i rang lunn polys head office, i rang airtours,rang abta, i rang trading standards etc but none of them could help and airtours wouldnt back down, they wouldnt even give me any discount for inconvenience just offered full refund or to transfer to another holiday , i was really upset by both lunn polys and airtours attitude, if i had decided to change my mind after i had paid the deposit then i would have lost out big time and would have had to pay the rest of my deposit etc, its 1 rule for TO and 1 rule for the customers!!
i wish you luck but as you havent received a confirmation in writing stating it was business class i think sadly you are going to have a battle on your hands, but lets hope im wrong
but i will tell you about a similar thing that happened to us, this might help you, we booked a holiday with airtours for last year for our wedding although only booked a normal package not wedding package, i got a quote over the phone with what was then lunn poly , i questioned it as it seemed too good a price but she confirmed it was right, i paid my deposit then i received the confirmation from lunn poly a few days later,it wasnt til about 2 weeks later i got a letter from lunn poly telling me that the system had given them an incorrect price and unless i paid another £1500 my holiday would be cancelled, they said they couldnt do anything about it because i hadnt received a confirmation from airtours, i did everything i could to try and sort this out but to no avail, i went into lunn poly in person , i rang lunn polys head office, i rang airtours,rang abta, i rang trading standards etc but none of them could help and airtours wouldnt back down, they wouldnt even give me any discount for inconvenience just offered full refund or to transfer to another holiday , i was really upset by both lunn polys and airtours attitude, if i had decided to change my mind after i had paid the deposit then i would have lost out big time and would have had to pay the rest of my deposit etc, its 1 rule for TO and 1 rule for the customers!!
i wish you luck but as you havent received a confirmation in writing stating it was business class i think sadly you are going to have a battle on your hands, but lets hope im wrong
They may have small print to back up their decision but surely they can admit to misinformation on a big scale. I would have thought it was worth some kind of goodwill gesture. Perhaps the way forward is to concentrate upon that as I do feel it is unlikely legally they have to give you your business class seats. However, please contact Ros- because hopefully I am wrong!
This is my opinion only - but...
when you contact a company over the telephone to arrange and then book a holiday, the conversation and the details both provided by the seller and the requirements stated by the purchaser (if those requirements are accepted by the seller) form part of the contract.
When money is paid this seals the contract.
Any changes thereafter would constitute a breach of contract unless covered by a ''reasonable'' clause in the booking terms & conditions - a copy of which you should have as part of the booking procedure.
This reasonable error in the documents is, in my OPINION, not reasonable in so far as their OWN systems showed the price discussed and agreed during the conversation and their EXPERTISE in selling their own products should have caused the seller to realise that the price being quoted was unusually low.
You say Thompson have confirmed they have recordings of the converstion - I would immediately as for the transcript of the conversation where you spoke with Thomson and booked the flights.
In my opinion that is the only part of this saga that's relevant.
To their discredit, Thompson have confirmed on numerous occasions during recorded telephone conversations that you are indeed booked on Business class flights.
I think you have a strong case.
But Ros is the expert.
If it helps, I was in a similar position approx. 4 years ago when my son booked over the telephone a holiday package for himself and 4-5 mates.
The price agreed was lower than the documents showed a fortnight or so later. I contacted the holiday company and demanded the telephone transcripts. The company (and I think it was Portland) explained they had mistakenly overwritten the recording tapes but would honour the original price discussed and agreed in the 'phone call.
let us know the outcome please.
when you contact a company over the telephone to arrange and then book a holiday, the conversation and the details both provided by the seller and the requirements stated by the purchaser (if those requirements are accepted by the seller) form part of the contract.
When money is paid this seals the contract.
Any changes thereafter would constitute a breach of contract unless covered by a ''reasonable'' clause in the booking terms & conditions - a copy of which you should have as part of the booking procedure.
Their legal department has advise that page 314 in the small print states if their is a reasonable error in the documents they can charge extra.
This reasonable error in the documents is, in my OPINION, not reasonable in so far as their OWN systems showed the price discussed and agreed during the conversation and their EXPERTISE in selling their own products should have caused the seller to realise that the price being quoted was unusually low.
You say Thompson have confirmed they have recordings of the converstion - I would immediately as for the transcript of the conversation where you spoke with Thomson and booked the flights.
In my opinion that is the only part of this saga that's relevant.
To their discredit, Thompson have confirmed on numerous occasions during recorded telephone conversations that you are indeed booked on Business class flights.
I think you have a strong case.
But Ros is the expert.
If it helps, I was in a similar position approx. 4 years ago when my son booked over the telephone a holiday package for himself and 4-5 mates.
The price agreed was lower than the documents showed a fortnight or so later. I contacted the holiday company and demanded the telephone transcripts. The company (and I think it was Portland) explained they had mistakenly overwritten the recording tapes but would honour the original price discussed and agreed in the 'phone call.
let us know the outcome please.
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