*Big* disaster with online booking.

bashibazouk

Hi Guys - sorry in advance, this is a long one.

I'm just wondering if anyone out there has experienced anything similar to myself with a company called Direct Holidays.

So, last week, after looking at a zillion holiday options, I eventually decide on one that looks great - Tunisia for 2 weeks in October, 3* HB, for 449 euro, 489 inc. insurance. The legal disclaimer says that a contract is not made until you receive their invoice and that only a booking is made online, as opposed to a transaction. So, I put in my CC details for the booking and afterwards, I just get a page with a reference number, it had no details of the cost, and it said there was an error with my CC going through and to ring customer services. So, I call customer services, give them the correct number (they say there was an error because it was a EURO payment? as opposed to jellybeans? this website is for *irish* customers). That was that, no financial info exchanged.

Sunday I'm looking at my online banking- the transaction has gone through, even thought I haven't received an invoice - and I noticed they'd taken around 60 euros more than I expected. So I went to the website and the price had been changed to 528 including insurance. So, this is the price they charged me. I called Monday, and was informed there must have been a pricing error on the site. They maintained that a contract isn't made over the internet so I'm not legally entitled to the original price as I originally thought. I was talking to several people in the european consumer bureau and was advised that all 3 parts of a contract had been made - offer, acceptance and consideration. They would not be obliged to give it to me at the original price unless they accepted the offer (they have the option to refuse an offer, even if they advertise the price), which they did by taking money out of my credit card, even if the payment was unauthorised. I got the invoice on Thursday, 4 days after the payment was taken.


So, they took *too* much money from my CC, when, in their eyes, there was no contract with me whatsoever. The fact that they took money out of my account means that they accepted my offer and made a contract with me, for that amount, and then broke it. (Their statement that a contract is not made until the customer receives an invoice is apparently illegal anyway, since the customer is covered under contract law as soon as all 3 conditions are fulfilled).


So I was talking to a guy in the company who told me that they needed proof that I was quoted the price of 489 online. I explained that since their system only gives receipts with a reference number and *no* info about pricing, I only had the reference number printed out, as I was expecting everything to be detailed on the final page, as with any decent online purchasing system. So, he pretty much treated me like I was chancing my arm and trying to get a discount.

At this stage, after having a lot of trouble even getting to speak to someone about this, I barely gave a crap about the 60 euro, but it was the principle of the thing that annoyed me, the fact that they took money without authorisation. The guy maintained that if ever prices were changed, the customer would be informed and asked for authorisation for a higher amount to be taken out. Since I wasn't contacted, he seemed to take this as me having imagined the whole thing. Now, I must have looked at the original price 20 times (I work in tech support, I have a lot of free time on my hands :P) and have the price in emails that I sent to my BF who also saw the pricing. They must have records, but know that their crappy system means I can't prove anything, unless I decide to fake some html which I'm not really keen on doing.

Someone in the consumer bureau also advised that since I gave my CC info over the fone (although pricing wasn't mentioned), direct holidays could say that this is authorisation in itself.

They were so unfair to me that myself and my BF decided to scrap the entire thing, and give our business to a company that aren't complete sh*te. Only the cancellation fee is the *entire* price of the holiday - nearly 1100 euro. So....they made a contract with me...broke it...and are now charging me 1100 for CANCELLATION when I never AUTHORISED the damn thing?? So we either just accept this bullsh*t, or get a solicitor involved. At this stage, I'm considering just going as I don't want to risk losing all that money. Does anyone have any advice? I've been onto my CC company several times, plus various consumer agencies, who have all been very helpful, but it seems to be a lot more difficult that I thought to prove anything.

yankinlk

surely your credit card company will listen to your story and cancel the transaction for you. I have had them do something similar for me, once I wrote a letter and faxed it in. They were extremely helpful and actually listened to me.

apart from that, the holiday will probably go smoothly if you ignore this 60 euro increase....

bashibazouk

The CC company were helpful but they said if the terms and conditions state that they can levy such a fee, they can't really dispute it - it's like Ryanair. The 60 euro is not a big deal at all, it's the fact that I am being forced to go or else cough up 1100 that annoys me.

DadaKopf

Places you can begin looking for info and contacts are:

The Consumers' Association of Ireland which has good information on consumer rights, channels of redress and useful links.

The Office of the Director of Consumer Affairs and the government's general public information service Oasis.

Hope those help. Then again, you could always contact Anne Robinson .

Prisoner6409

Sorry to here of the problems you had. I booked a holiday with Direct last year for 4 ppl to Lanzarote on-line with no bother(even got it a bit cheaper because I booked on-line). Now I've also booked flights-only, on-line and if my memory is correct when you enter in all your details and just before you hit the "Submit" or "Proceed" button a message appears telling you you are entering into a contract when you proceed. Now it stands to reason if you are entering into a contract so are they. Unfortunatly I have come across the small print as outlined by your C.C. company the "we can do whatever we like bit", it stinks. Give Joe Duffy(Liveline) a buzz, nothing like a bit of bad publicity to make a company sit up and take notice. Best of luck.

PadraigL

2 years ago we had a disaster with Direct Holidays. We (4 adults and 4 children) booked 2 weeks to Solu.

Two weeks before departure they changed our accommodation. We were told that it was the same rating as the previous apartments etc etc..
On arrival at the complex it turned out to be a residential apartment block that Direct Holidays had some apartments. No cases were unpacked for 2 days until the rep turned up.
The pool did not open until 10am and closed at 5:30 pm. No sun bed were available. That was ok as we went to the shop and bought some blow up water beds. But oh no, we were stopped by the complex attendant, they were not allowed. No food or drink at the pool also.
Eventually met with the rep who told us that a move was out of the question but she would take our complaints on board.

To make a long story short we decided to make the best of a bad lot. When we gone home my wife wrote letters to Direct Holidays. They eventually paid 90 pounds to each family.
Never seen that apartment complex in the brochure again.

Lesson learned, never travel with Direct Holidays again. Probably the worst holiday we ever had bar the week we spent in Achill, where it rained every day and we ended up in the pub looking at each other all talked out (you had to be there). That’s a story for another day…..

Lenny

Originally posted by PadraigL

No cases were unpacked for 2 days until the rep turned up.
The pool did not open until 10am and closed at 5:30 pm. No sun bed were available. That was ok as we went to the shop and bought some blow up water beds. But oh no, we were stopped by the complex attendant, they were not allowed. No food or drink at the pool also.
Eventually met with the rep who told us that a move was out of the question but she would take our complaints on board.

Whoever unpacks their suitcases on their holiers anyway? live out of the dam thing!

About the swiming pool, most don't open until 9/10 am, though yours seemed to close earlyish, the reason for swimming pool opening times is because of the cleaning process and/or life guard duty. About the food or drink, appartments have the right to tell you no food or drink is allowed to be consumed in a public place, most places don't care about this, but yous was obivously strict about it... I presume they had a bar/restaurant in the place?

PadraigL

No bar/restaurant or such like at all. Basically for all intents an purposes it was a residential block of about 30 apartments with just enough room for a pool, and that was it.

Lenny

What star rating was the hotel that you orgionally booked given?

bonkey

Originally posted by bashibazouk
The CC company were helpful but they said if the terms and conditions state that they can levy such a fee, they can't really dispute it - it's like Ryanair. The 60 euro is not a big deal at all, it's the fact that I am being forced to go or else cough up 1100 that annoys me.

Point your CC company at the terms which state that an online booking is not a transaction, and then show them the dated invoice.

If the invoice is dated after your account was billed, then you were illegally billed for an unauthorised transaction (according to the holiday company themselves), which you have every right to refuse to pay.

If the holiday company insist there was no contract, they have no right to bill you and you can insist your CC company remove it from your account. On the other hand, if the holiday company would like to change their stance, and explain to you how, when, and where you entered into a contract, I think you will find that you are able to screw them anyway - because they will then have to show when they made you aware of the pricing differences.

Also...keep hold of those emails to your BF with the price marked in them. It may not stand up in court, but it does show that this was either a genuine error on their part (coupled with a55hole behaviour) or an incredibly complex hoax on yours (for a whole €60).

Your only problem is if the invoice is dated before you were billed.....but I'm guessing that this isnt the case.