Monarch Holiday advice

Discussion in 'Travel' started by martin7606, Jul 12, 2009.

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  1. Any advice, opinions or information would be greatly appreciated regarding following drama:

    Booked an all inclusive holiday to greece yesterday (saturday) with Monarch. Paid in full online and printed off the confirmation and receipt.

    Sorted all the train tickets to London at the price of a few £100 and friends sorted seperate holdiay to the same resort with a different tour operator, saquared time off from work away with my Sgt. The holiday was due to start this wednesday.

    few hours later, I got a call from Monarch saying that in fact the holiday had been advertised at the wrong price due to an error on their part. the holiday should have been over £1500 more than it was sold to me for and they are therefore cancelling my booking unless I want to fork out the extra.

    I questioned ow they could do this within the terms and conditions as they state that they reserve the right to change prices up until the point of booking and confirmation. Obviously, I had booked paid in full and receied confirmation, so I dont see how this applies.

    Furthermore, they reserve the right to cancel holdidays, but will only do so due to unforseen and unexpected events which could not have been avoided even if all due care had been taken. I think that if they had all taken all due care they wouldnt have made he mistake in the first place.

    I'm due to speak to some bod from heir customer service team tomorrow a.m. I'm not the best at complaining and have absoloubtely no idea where stand. Any advice would be greatfuly received>

    Cheers.
     
  2. mysteron

    mysteron LE Book Reviewer

    Martin,

    Your best bet is to speak without emotion with all of the facts and data in front of you.

    Make notes of all responses, make sure you get the name and times when you speak to people. They will want to pass you around from bod to bod to give you the shoulder so you have to explain everything again.

    If they do not co-operate, then write a letter of complaint, with all of the facts and data to the Head of Public Relations of Monarch (mark the envelope PRIVATE & CONFIDENTIAL) - that way the PA is not supposed to open it. Also send a copy to ABTA (ensuring you put cc: ABTA) in the original letter. Keep copies of everything you send and receive. DFurther, send copies of all of your documents that you have received minus the small print.

    Read the small print again to make sure thay have not got you - I doubt it.

    Always do this sort of thing without emotion and just speak facts (express no opinion other than it appears thatey are in the wrong and you are offended by this attitude you are receiving when you can hear that I have been nothing but reasonable).

    I have complained many times in this fashion and found it has the best results. Shouting at people down the phone normally entails in the recipient hanging up. Good Luck.
     
  3. Mysteron. Thanks very much for the heads up. I'll take that onboard and follow youur advice mate. Thanks again. Martin.
     
  4. Top advice, and to add to that; send all correspondence by Recorded Delivery.
     
  5. Only if you don't get the answer you want from the company first. Of course, the situation changes somewhat if the holiday is booked for, say, two weeks time, and you need a quick result.

    Edited - just seen that it's booked for Wednesday.
     
  6. I had something similar a year or so ago when Tesco wrongly advertised an Xbox 360 bundle for around £36 (In fact, I think the link to the mistake was on ARRSE). Tesco argued that even though I had authorised the payment online, they hadn't taken the money from my account, which meant that the deal had never been sealed. Martin, did they actually take the money out of your account? If they did then it may add more sway to your argument.
     
  7. It all depends on what correspondence you have had from them after the booking. First of all, any order is not complete until it has been "accepted". This is so that they can check that the order is as it should be, from both parties POV. Anything that is advertised or on sale at a given price is not a guarantee that you can buy it at that price.

    A good example of that is that if you go into Tesco, and you see a TV there for £4.99. This, in law, is a "Invitation to treat". If you get to the checkout, and they then try to charge you £499.99, they cannot legally force you to pay the higher price, but they can, quite legally refuse to sell you the item at all. This means that no contracts have been made or broken. Of course, many companies, such as Tesco would probably allow that sale to go through, but would then change their price tickets pronto. If they were to allow the ticket to remain, it still wouldn't be against the law, but trading standards would certainly consider it "sharp practice", i.e. not illegal, but close to it.

    Nearly all Terms and Conditions (T&C's) will have a disclaimer about E&OE's (Errors and Omissions excepted), this means that if they or the printers (or the person that put the website together) made a mistake, they are not obliged to sell at that price, and can try to charge you the correct price.

    Basically, your rights are as follows. If you got an email saying that you order had been "Accepted" (and using that word!) then they have big problems. If not, then they can quite rightfully say that they will not sell you the holiday at the advertised price.

    Speak to them, ask for the supervisor, you never know. But remember, there are rights on both sides of this. Legally, it depends on what correspondence you have had, and also what you ticked when you said that you had read their T&C's. Did you read them? What did they say?

    All in all, you'll probably lose this one, but mention that you consider this to be "Sharp Practice", and they they sold this to you with the intention of then trying to get more money later. That you purchased in "Good Faith" and that you would like them to stand by their offer. Say that should they not be forthcoming then you will certainly refer the offer to your local trading standards office. Don't get drawn into an argument. Keep calm and speak nicely, call them Sir if you find that easier. It'll give you a stronger case later. Remember, they will record you, if you lose your temper or swear it weakens your case and makes them much less likely to go for a gesture of good will.

    Let us know how you get on.
     
  8. SKM makes a good point. If they have taken a deposit from your bank or even the full amount, then any court would be liable to consider this "acceptance" of the order. This would certainly go in your favour.
     
  9. Thanks everyone for your advice and info, it very useful. They hav taken the money from my account. In the T&C's Monarch use the term "Confirmation" to mark the point when the contract becomes binding prior to which they can change the price, after which they say they cant. I have been emailed "confirmation".

    I don't fancy my chances, but will keep you all posted. I'm, once again, very grateful for all the gen.

    Martin
     
  10. If they have emailed you confirmation and taken the money out of your account then the balance has swung in your favour, most definitely. I couldn't possibly predict what the outcome of this case will be, but try to sound a bit more assertive than you have done on here. They tend to pick up on these things rather quickly. You KNOW you're in the right - make sure they know too.
     
  11. LINK
     
  12. Different type of situation but may apply the same.

    Many moons ago I stupidly bought an XR2 I was 19! Got a quote from CIS for about £450.00, very cheap so I took it a paid in full.

    Four months later, CIS write to me, to tell me that they calculated my premium incorrectly, and it should be £950.00, demanding me to pay the diff or they will cancel the insurance.

    Spoke to a leagle eagle, told to tell them to stuff it, I entered the contract, they accepted the payment, contract complete, novation and disclaimers in the small print have no legal standing.

    Had a full appolgy from CIS (they were trying it on), and hounor my insurance for the full year.

    May not help, but sounds similar to your case as far as payment.






    Oh I crashed the car big stylee two months later hitting several cars, bushes and a garage, and they paid out, not for my car as I was third party!!! CIS wanted £120.00 per month the following year. I sold the car!
     
  13. Grownup_Rafbrat

    Grownup_Rafbrat LE Good Egg (charities)

    Do all of the above, but also copy correspondence to the Chairman of the the Company. He (or very unlikely she) will have a department who will deal with complaints, and it concentrates the minds of the people you are dealing with to know that they will have to answer to a higher authority.
     
  14. If you have access to company credit checking software (Riskdisc etc), or you know or have an account with companies house, then both will list all the directors of the company and their home address, if you want to get really sh1tty.
     
  15. If a company advertise an item at a said price that is what it has to be sold at, I have bought several things only to be told that it has been marked up incorrectly argue the point stand your ground, its called the trade descriptions act and they have got to stick to what they advertised its the law just keep arguing with them. And I've always won.