Travel agent not honouring contract, advice please!

[bill55bill]

Would be grateful for advice.

On 11th October I searched on Skyscanner and found some flights to the USA next August, for 4 people, total cost £1690 inc credit card charge.

Clicked on 'buy' and was sent to the travel agent's website where the screen said 'price is live'

Used my credit card, booked flights and paid in full.

Received a confirmation email saying that my booking was successful and an itinerary was attached showing flights that we had purchased.

Flights had a stopover in each direction so there were four flights in all.

Email also stated that I would receive e-ticket within 24 hours.

Anyway, to cut a long story short, never got my e-ticket, made numerous phone calls, was told my e-ticket was in a queue and would be with me soon. After a week they told me that they were terribly sorry but the airline had cancelled legs one and four of my journey.

I immediately smelt a rat and went onto the Delta airline website to see if this was the case. It wasn't, I'd been lied to.

They still have my money and they still haven't provided me with either an e-ticket for my original booking or provided any alternative flights. I've now written to them by recorded delivery and threatened them with legal action. Still no response!

The Same flights are now £850 each, a massive increase, and a price I cannot afford to pay. I reckon they made a cock up by not booking me on the flights straight away and have now lost the opportunity to do so at the original low price.

I have even visited another website, independent of skyscanner or the travel agent that tracks price trends with regards to flights and that website confirms that at the time of my booking prices had indeed dropped considerably so they can't claim 'mis pricing'

Leaving aside all that, I'm extremely peed off that despite all my efforts they haven't even bothered to contact me! Their behaviour is contemptible.

I have been advised that I should now book the flights elsewhere and commence legal proceedings for both the original money paid and the 'loss of bargain' I will suffer due to having to pay £3400 to re-book.

I'm also told that the credit card company is jointly liable under section 75 of the Consumer credit Act.

I'm happy to do that but really don't know what I should do first with regard to a final warning to the travel agent and notifying the credit card company. Obviously I have to purchase the flights again as otherwise there is no loss of bargain but merely a failure to supply goods for the original price.


Do I write to both parties letting them know of my intentions? Do I write to the travel agent giving them a final period to resolve before assuming that they will not meet their obligations with regard to the contract?

Can I get the credit card company to settle all losses without resorting to the courts?

I know the court protocol states that all efforts should be made to resolve the issue before starting court action but I'm really nervous about spending £3400 and then not being able to get anything but my original payment back.

Help please!

Thank you.

[bluebottle]

Re: Travel agent not honouring contract, advice please!

You might have rights under the Supply of Goods & Services Act 1982 on the grounds that the travel agent failed to comply with their obligation to exercise reasonable care and skill in handling your booking as it could be argued they were providing you with a service. Speak to Trading Standards to see where you stand with this particular piece of legislation as you can claim for consequential losses.

[bill55bill]

Re: Travel agent not honouring contract, advice please!

You might have rights under the Supply of Goods & Services Act 1982 on the grounds that the travel agent failed to comply with their obligation to exercise reasonable care and skill in handling your booking as it could be argued they were providing you with a service. Speak to Trading Standards to see where you stand with this particular piece of legislation as you can claim for consequential losses.

Thanks for the reply, yes, they are of the same view.

I'm just confused as to how I should pursue the consequential losses, through court action against the company, court action against the company AND the credit card company or pursue the credit card company alone citing Section 75 of the cca?

[bluebottle]

Re: Travel agent not honouring contract, advice please!

When bringing a claim under the Supply of Goods & Services Act 1982, you list your primary losses, in your case, the cost of the flights and credit card fees, and then list the consequential losses, in your case, the difference between the flights you originally booked and the increased cost, plus any other expenses you have unavoidably incurred as a result of the travel agent's failure to exercise reasonable care and skill. However, do try and sort things out without involving the courts if you can.

[bill55bill]

Re: Travel agent not honouring contract, advice please!

When bringing a claim under the Supply of Goods & Services Act 1982, you list your primary losses, in your case, the cost of the flights and credit card fees, and then list the consequential losses, in your case, the difference between the flights you originally booked and the increased cost, plus any other expenses you have unavoidably incurred as a result of the travel agent's failure to exercise reasonable care and skill. However, do try and sort things out without involving the courts if you can.

Many thanks, will do.