 Poster: A snowHead
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| David Murdoch wrote: |
Can someone with a real legal degree please stand up?
Is this not a little like walking up to a check out with something that looks very cheap, has a sticker on it and so they have to chareg the sticker price.
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It is exactly the same thing. However, if an article in a shop is incorrectly marked, they are not obliged to sell it to you at the marked price.
The price shown on the label is an "invitation to treat" - the shop is inviting you to offer to buy the item at that price. When you take the item to the counter you are offering to buy the item at that price. A binding contract is formed only if the shop accepts your offer.
The funny thing here is that there's a strong argument that Neilson accepted Hannah's offer since they took the payment. The fact that it was all processed electronically shouldn't matter.
So I agree with David Murdoch's conclusion, but not his reasoning 
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Obviously A snowHead isn't a real person
Obviously A snowHead isn't a real person
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| Frosty the Snowman wrote: |
| They could cancel the holiday and give you your money back, error or not. |
That puts them on dodgy ground in another way. If they accept it was all legal and just cancel and give a refund it could leave them open to being sued for "loss of bargain". It all depends how legal you want to go with it all.
The common sense approach is that it was a mistake, it's been sorted and neither party are out of pocket. Maybe worth pushing a bit for say £50 off voucher but no biggie if it doesn't come through.
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Well, the person's real but it's just a made up name, see?
Well, the person's real but it's just a made up name, see?
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Arno, the conclusion (that the contract is valid and enforceable) might be correct if the price was wrong but not obviously so (for example, £450 instead of £550). When the price is obviously wrong, as would seem to be the case here, I believe that the contract is unlikely to be enforceable.
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You need to Login to know who's really who.
You need to Login to know who's really who.
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A contract is valid when:
Both parties must be legally capable of entering into a contract. (age etc)
The agreement has been entered into freely.
The purpose of the agreement must not be illegal or contrary to public policy.
So in this case point 2 may be the one that invalidates it. Eventhough they entered the contract they certainly didnt do it knowingly or freely. 
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Anyway, snowHeads is much more fun if you do.
Anyway, snowHeads is much more fun if you do.
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oh yeh ....that will £500 for that advice 
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You'll need to Register first of course.
You'll need to Register first of course.
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Are >> Great ApresSki 
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I suppose it's like having a £2000 credited to your bank account by mistake. No ordinary person could get away with claiming they hadn't noticed, or thought it was genuinely theirs,and had spent it all. It would not have been "in good faith". My 2 days training for idiots in contract law said that one key essence of a contract is the intention on both sides to enter into the contract - ie the SAME contract. Neilson could readily argue that they quite obviously had no intention of entering into a contract for a Swedish holiday for £10. Not a leg to stand on, I'd say, but well worth a punt.
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Had the holiday been advertised for, say, £100 instead of £10 then that would be more interesting.
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You'll get to see more forums and be part of the best ski club on the net.
You'll get to see more forums and be part of the best ski club on the net.
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Most sites have an "Errors and Omissions Excepted" clause which basically says if it was a genuine error and they get back to you on a timely basis then they are not obliged to honour the contract, simply because computers sometimes stuff things up. I once "bought" a top of the range laptop worth about £2000 for £50 & sure enough Toshiba were on the case within 12 hours with the E &OE clause. As a whole bunch of us had done it we asked citizen's advice and lawyer friends & were told we had a very slim chance of fighting it for the reasons outlined in the bbc article.
Its fair enough in my view, if the customer gets the protection of distance selling regulations including cooling off periods, retailers should have similar protection for clear errors. If the holiday had been for say £200 and they hadn't told you until January I think you might have a much better case.
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fatbob, Neilson's terms and conditions are hard to spot given the colour scheme used on their site but include:
If the price shown on the invoice is incorrect, compared to the applicable brochure price, this will be deemed a mistake, as a result of which we will be entitled to cancel the booking and re-invoice at the correct brochure price provided that we discover the mistake, and tell you about it, 14 days before departure. You will then have to pay the correct price to be allowed to go on your Holiday.
Which could be read as meaning they can rescind any discount because it would be incorrect compared to the brochure price!
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snowHeads are a friendly bunch.
snowHeads are a friendly bunch.
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| Chappers wrote: |
| oh yeh ....that will £500 for that advice |
That'll cover your tranfer to Flaine and give you change!
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And love to help out and answer questions and of course, read each other's snow reports.
And love to help out and answer questions and of course, read each other's snow reports.
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Basic law of contract can be varied by terms and conditions, all online sellers now ensure that the T&C covers mistakes.
Legally, not got a leg, having said that, hassling people can do wonders!
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You know it makes sense.
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Ill need it Richmond with the wife and two kids! 
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Otherwise you'll just go on seeing the one name:
Otherwise you'll just go on seeing the one name:
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it s all gone a bit LexisNexis here...
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Poster: A snowHead
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Hannah, Hard Luck! I got a trip to Andorra once for £99 h/b for a week and it was true! But £10 wouldn't even cover the cost of a sandwich in Sweden! Still the meanies should give you a special deal after getting your hopes up. 
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FAQ
