Advertised Prices

[Baboonboy]

I booked a hotel room 2 months ago on the internet as the price was incredibly low and I have now received an email telling me that the advertised price was a technical error and the actual cost is £60 more than advertised. The email also states that this should have been obvious at the time of booking as it's a city centre hotel and the price was clearly too low. I have been told that I will either have to cancel the booking or pay the new price. Is this allowed? I have a booking confirmation, confirming the advertised price. Please advise. Many thanks. BB

[hc4361]

Have they taken the money?

[mollykins]

I'm not sure where you actually stand but it may interest you to know that something similar happened in Italy (but the price they booked at and the proper price were several hundred euros different) and in good will, the hotel let them have the rooms for the extremely low price . . . .

[R1Geezer]

The hotel reserve the right to refuse service. They can withdraw the offer of the room. Yes they can do this. Bit naughty but allowed.

[Baboonboy]

Wow! Fast! No, they haven't taken the money but I wondered if the email booking confirmation formed a contract or not. One section of the booking confirmation states " Credit Card / Guarantee / Payment information
Payment
You have now confirmed and guaranteed your booking by credit card.
All payments are to be made during your stay at the hotel, unless stated otherwise in the hotel policies.
The hotel reserves the right to pre-authorise credit cards prior to arrival. "
This isin the section under hotel policies and the confirmation email states the price quite clearly. Thanks BB

[ABerrant]

The Electronic Commerce Regulations 2002 cover internet transactions. It modifies what was traditionally considered as the point at which a contract is formed.

In a shop the "invitation to treat" is followed by "acceptance" at which point a contract may be agreed.

ECR 2002 allows that "acceptence" (email, booking confirmation, receipt of payment, etc.) need not be the point at which a contract is formed but can be as late as despatch or supply of the goods/service, thus all European internet transactions have the flexibility for price changes. This "pre-contract" information must form part of the Terms & Conditions of the website.

[hc4361]

You don't have the right to the booking at the agreed price.

http://www.which.co.u...disputes/your-rights/

[ABerrant]

...except in the case of electronic commerce.

[milly143]

I think they are within their rights. A few weeks ago one of the supermarkets had a pricing error (I think everything was 1p) and everyone who had ordered and received a confirmation was informed they either had to cancel the order or pay the full price. If you e-mail them a complaint they may allow the price as a goodwill gesture but I doubt it.

[Baboonboy]

Hmm! Grey all over is the area as Yoda would say. Under ECR 2002 acceptance is unclear. However terms and conditions should be clear to read and this hotels terms and conditions are not. Booking websites T & Cs state that the hotel is directly responsible for the accuracy of the information provided including the advertised room rates, etc. Under ECR legislation the hotel T & Cs should state clearly what is regarded as acceptance (contract) however they were not available at the time of booking, only the general hotel T & Cs (incl cancellation policy, which they seem more concerned about). Surely "confirmed and guaranteed" constitute aacceptance. Who knows? Many many thanks everyone!! BB

[ABerrant]

T & Cs are crucial in all this however implied terms such as "confirmed" and/or "guaranteed" should not be relied upon; if the word was "accepted" that's a wholly different matter.

http://www.out-law.com/Default.aspx?page=429

[joko]

you have nothing to lose by being firm and making a fuss..they may just relent an let you have it at that price.

most people would just accept it an thye are hoping you will too...

its worth a try

[bushbaby_de]

They are breaching their contract and rectifying this by offering you all your money back, so no loss has occurred. Pay the higher price or take your money and book elsewhere.