Mis sold holiday - HELP!

[funkylad20]

We been planning a trip to America, multi-city and quite bespoke type of trip. We used a recommended independent travel consultant.

We finally agreed to an itinerary, including flights, car hire and accommodation in one city we are going to. We agreed the price over the phone (c.£2,000) and the operator took my card details.

I received a call back ten minutes later and was told that the flights we specifically wanted with Air New Zealand were now 'sold out' at that price and we would have to revert to the more expensive (+£500) option with Virgin Atlantic.

As we were conscious of the fact that we are travelling in the next four weeks, I verbally agreed to go ahead with that option, before those flights sold out too and we would have to get REALLY expensive tickets.

Whislt the operator went away to book this for us, I went onto the Air New Zealand website and called them up also, to check availability on the 'sold out' flights that we had wanted. I was told that seats were available and that I could book, at the price we thought it was going to be.

I emailed the travel agent three times in the next ten minutes to explain this and that I did not think her information was correct and would prefer to explore the cheaper option with Air New Zealand still.

I then received an email back to say it was all booked and I would get the information through next week.

We then had some considerable dialogue in email about this situation and we have been told that the one booked with Virgin (at c.£2,500) is non-refundable.

Is this kind of practice normal, legal and legitimate? I was told the tickets were sold out on Air New Zealand at that price. Whilst I appreciate operators perhaps get allocated a set numberof tickets per plane and this could be what she referred to when she said 'sold out', she did not explain it in that way and really rushed us to make a decision on the more expensive Virgin flights.

The payment has been taken and I have been told to 'not worry about it an look forward to my holiday'.

I have again today been on to the Air New Zealand website and the tickets have dropped another £50, indicating that I have definitely been mis-sold tickets on another operator, presumably because the commission is higher, who knows?!

Please help, this is a really bitter blow and something which I am finding very hard to swallow right now; this trip is a very specifal trip and now I just don;t want to go because of all the hassle we have had yesterday. Whilst the money is minimal in the grand scheme of things, I just feel it is so underhand, unjust and surely cannot be legal!

Thanks in advance.

[Smowball]

Is the travel agent a well known one?

[ladybirder]

Do they belong to ABTA?

[boxtops]

Are they a proper registered travel agent with an overarching governing body? bear in mind that your thought about blocks of tickets may well be true - and ticket prices can change daily.

[EDDIE51]

As you have been told it is quite possible that the agent had a set number of tickets allocated to them and they had used them all.
Can you just cancel and rebook the tickets yourself? in view of the extra cost it may be cheaper even allowing for a cancellation fee.

[bednobs]

unlikely - the op has said the flights are non-refundable (so no cancellation fee - just the whole amount. i also don't see what the problem is - they presented you an alternative which you agreed to - nothing stopping you saying "i'll think about that for a while please". However you didn't. the agent acted on your instructions, so i dont think you have any comeback at all

[d9f1c7]

Sounds like a con to me, get you on board for 2k then wallop with the hikes. Go on the trip then hit them with a small claim for the excess.

[tonywiltshire]

The travel agent will probably claim the price was an invitation to treat not an offer, which may be considered contractual. No offence has been committed unless the agent knowingly tried to mislead you, decide what you want an explanation and (guarded) apology or compensation. If compensation can you show the agent set out to knowingly mislead you, eddie makes a good point, and you may find it very difficult to receive any compensation, if it is an apology try writing again and ask for an explanation by a specific date and send by recorded delivery and as ladybirder & boxtops say perhaps contact their trade organisation if you get no satisfaction from the agent.