First Choice - I don't think so!

[Frugal]

Can I ask for your help on this one please?...

 

I called my local First Choice branch to book a holiday which was offered at £404 for 4 people to The Balearics !!!!!!!

 

BARGAIN ! I would be mad not to book it !

 

So, I said I would chat to my partner about the date and call back if we could make it.

 

I called back 5 mins later and said I definately wanted the holiday, gave the details of myself, 2 of my children and said that I didn't know if my partner or other child would be coming. I was told that was fine, I could call back later that day to confirm the 4th traveller. I also gave my Debit Card number, at which point I believed I had confirmed my booking - after all, I don't give my Debit Card out for enquiries do I ?

 

Anyway, I called back around 2 hours later to confirm the 4th traveller and was told the holiday had gone up to £580 and it has since doubled in price over the past few weeks :o:o:o

 

I have contacted them by email to complain to their customer services but have heard nothing.

 

Any advice please ?

[Meldrew2]

Chalk it down to experience.

 

Tour operators will not normally confirm a booking without full passenger details - the travel agent no doubt took your DC details pending a final decision from you on passenger names.

[Frugal]

Thank you for taking the time to reply

 

If they had stated that when I called to 'confirm' my booking then I would have accepted that prices change and it was bad luck.

 

In that instance, I would have booked in my partners name and paid the £30 to change the name at a later date if it turned out he couldn't make it and my older child would be coming instead.

 

The point is that I called to confirm, and gave my bank details.

[Bookworm]

But they didn't take the booking, and more importantly the money, did they? Therefore, you giving your bank details makes no difference, you didn't make the booking, all you did is confirm your interest, you didn't actually book the holiday.

 

As for the £30 name change, be aware that a lot of companies would charge you not just for that, but also the difference in price between when you booked and when you change the name.

[Frugal]

So, if I am understanding this correctly, you believe that if you call a company to purchase something and then give your card details, then this is not a transaction and nobody is accountable for misleading me ???

 

I am confused !

[Bookworm]

Well, whenever I am paying by card, I always have to wait while they're processing the transaction to get the authorisation through, so if the T/A didn't go through confirming all the holiday details, names, amount etc before telling you that this was the amount being charged to the card, I can't see how you thought it was being booked.

 

It seems as it there was a misunderstanding where the T/A might have thought that you were calling back once you had ascertained who the 4th would be, and you thought you were booking the holiday there and then, but I truly doubt you'll be able to prove it. :-|

[barracad]

So, if I am understanding this correctly, you believe that if you call a company to purchase something and then give your card details, then this is not a transaction

 

Correct.

 

There needs to be two parties involved i.e. you and the retailer and although you wanted to book it, the retailer has to accept your order and take your payment (or a deposit) to complete the transaction.

[Bernie_the_Bolt]

The only issue is was there unqualified offer and acceptance and there wasn't until all details were confirmed. Therefore no contract.

 

You could argue that there were two contracts, one for you and two children and then a second for the 4th traveller but I doubt that would succeed.

 

Look at another way, suppose when you called back you had said your partner wasn't coming and you had changed your mind, and their response was "sorry it's all booked and is non-refundable". What would you have said then?

[BankFodder]

I tend to take a different view. there doesn't need to be any exchange of money etc in order to make a binding contract. It seems to me that on the version given by the OP that there was a binding agreement at the time the telephone details were given with the debit card number. Authorisation etc has little to do with it.

 

They would have been within their rights to refuse the 4th traveler when the OP attempted to book that later.

 

however as Bernie points out. That booking would have meant a cancellation fee had you later changed your mind.

 

Of course this could be an example of "bait and switch" which is specifically named as an unfair trading practice under the new CPUT regs http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/146460-consumer-protection-unfair-trading.html

and it's up to you whether you want to make a complaint to the OFT. As far as the contract goes, you are going t be hardpressed to prove it. If you had been given a booking reference number you would have been on secure ground.

[Frugal]

With respect, I would have happily paid a cancellation fee if I had cancelled although there is no reason at all to believe I would have done.

 

I fully believed from the conversation I had with them that my holiday was booked and I was off on my hols to relax.

[Bernie_the_Bolt]

I tend to take a different view. there doesn't need to be any exchange of money etc in order to make a binding contract.

 

Perfectly correct. A promise to pay can be adequate consideration.

 

However, I don't think the contract was formed. I see it as rather like when you go shopping with your partner, you see something and say to the salesman, I want it but need to see if my partner likes the colour. When you return with your partner the item has been sold. Bad service but ultimately tough!

[Frugal]

No

 

There were 3 phonecalls in all.

 

The first was to find out about the holiday. I then spoke to my partner.

 

The second was to confirm I definately wanted it at the £404 offered, pay and give the names of the first 3 travellers.

 

The third was to confirm the 4th traveller.