Fly Drive Legal Help Please

[Sew109]

Originally Posted by nquart

I don't think we do have legal cover on our home or car insurance unfortunately but I will check our travel insurance.

Unfortunately they are an online company so not shops to go and shout in (which I would happily do!) but I think when they next call unless it is a stonking offer I'll just keep reiterating we want what we paid for.

It is their fault they sold it too cheap so I agree that they should suck it up!

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Sorry my mistake I thought it was Virgin holidays you booked with.

When the TA told what it would cost that is called “an invitation to treat” and at this point they don’t have to bide by this price at the point you agree to the price and certainly when they accept you payment a contract is made. For Online sales there can be confusion about when the contract is actually made at which point in the process, there are usually terms that you have agreed to that allow them some grace to cancel if their is a mistake in the automated process even after you have paid.

If you booked on their phone and then they sent the email I think they have to take the hit

[ERICSMUM]

I strongly suspect they didn’t book your flight, either they forgot, left it a while waiting for the price to drop or made a mistake with Virgin and just realised.

If true then this isn’t really a pricing error according to their definition.

But none of this helps if they won’t budge and you can’t find similar prices elsewhere.

[nquart]

Originally Posted by Sew109

If you booked on their phone and then they sent the email I think they have to take the hit

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I think this is what happened, we agreed the price on live chat and then they called to take the deposit payment and then we got the confirmation email.

[Sew109]

Originally Posted by nquart

I think this is what happened, we agreed the price on live chat and then they called to take the deposit payment and then we got the confirmation email.

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Yes I don’t think they can be protected from staff error.

Check your PM

[nquart]

Originally Posted by ERICSMUM

I strongly suspect they didn’t book your flight, either they forgot, left it a while waiting for the price to drop or made a mistake with Virgin and just realised.

If true then this isn’t really a pricing error according to their definition.

But none of this helps if they won’t budge and you can’t find similar prices elsewhere.

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They've admitted they undersold it and were trying to negotiate a lower price with Virgin so I think you're right that this doesn't count as a pricing error.

[PeachyLemons]

If you paid on your credit card, give the credit card company a call for advice as I believe they are equally liable , therefore they can intervene and help to get it sorted.

moneysavingexpert/sh...chases#notbust

[nquart]

Originally Posted by PeachyLemons

If you paid on your credit card, give the credit card company a call for advice as I believe they are equally liable , therefore they can intervene and help to get it sorted.

moneysavingexpert/sh...chases#notbust

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We did pay on credit card, always do for this reason, thanks.

[YorkshireT]

First bit of advice, don’t take legal advice on Internet forums.
Legally it’s more complex than anyone can advise on here. You have issues such as terms, incorporation of terms, Unfair Terms in Consumer Contracts Regs, when and if a contract was actually incorporated etc. The only way you could get a definitive advice is by showing all the documents and giving a detailed account to someone who knows what they are talking about.
Guessing, from what I’ve seen, you sound to have a contract. Whether any terms were incorporated I couldn’t say. Whether they would apply, I cannot say.
If it were me I’d be trying to explore these issues and if I was confident I did have a contract and their conditions did not apply, I’d be giving them a deadline to book me on the flight I paid for or one same day, otherwise I’d simply tell them I’ll book that flight myself and sue them for the balance.

[Guest]

Originally Posted by YorkshireT

First bit of advice, don’t take legal advice on Internet forums.
Legally it’s more complex than anyone can advise on here. You have issues such as terms, incorporation of terms, Unfair Terms in Consumer Contracts Regs, when and if a contract was actually incorporated etc. The only way you could get a definitive advice is by showing all the documents and giving a detailed account to someone who knows what they are talking about.
Guessing, from what I’ve seen, you sound to have a contract. Whether any terms were incorporated I couldn’t say. Whether they would apply, I cannot say.
If it were me I’d be trying to explore these issues and if I was confident I did have a contract and their conditions did not apply, I’d be giving them a deadline to book me on the flight I paid for or one same day, otherwise I’d simply tell them I’ll book that flight myself and sue them for the balance.

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I disagree and agree in equal measure.

There is nothing about the case that is so complex that couldn't be advised on an internet forum if the person advising is qualified to do so. The problem is of course that many who sound knowledgeable on a forum are just stating opinions rather than legal facts

[fredflintstone]

Why is is necessary for them to change your itinery under their T&Cs ? Are seats still available ? If yes it is not necessary. They have had your money earning interest. I'd also talk to the credit card company. They often will talk with the retailer and the retailers tone changes. Remember the credit card company is also party to this agreement and it doesn't seem like it needs to change they just want to to their advantage.