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Hi All
Ok Im a previous customer of CP and last night-early this morning my wife was on-line looking at dates for next year at Longleat.
She found an attractive deal and booked. As it was a good price she continued and made 3 further bookings covering till Easter 2013.
She booked, paid the various required deposits for all 4 bookings. We recieved via e-mail confirmation for all 4 bookings and that the deposits were recieved and showed balances left.
Today my wife has recieved a phone call from C-parcs head office stating that an error was made on the website prices and that all 4 holidays would be cancelled.
My wife asked if they could do that? The woman form CP said in their Ts and Cs Yes they could. Anyway the debate ran on and we have one holiday en-tact and 3 that CP have cancelled.
I have looked into their T's and C's and cant see how they can do it.
We have done everything correct as mentioned in section A7 and the CP staff say they can cancel due to section H4.
Please read and see what you think.
Remeber we had confirmation for all 4 and paid 4 deposits too.
[url= http://www.centerparcs.co.uk/information/terms/our_agreement_with_you.jsp ]Center Parcs T's and C's[/url]--------------------------------------------------------------------------------
Mike
OT Center Parcs Website error [b]"there"[/b] mistake Where so I stand, help
[url= http://www.wikihow.com/Use-There,-Their-and-They%27re ]there = their[/url]
True
Their as in their bloody fault.
Rather than over there, where they are stood with their heads hanging in shame..
Isnt it just like a mispriced item on CRC for example. They dont have to sell you it even if you have paid.
So if someone changes a price ticket in a shop and they notice - they dont have to sell it at that marked price.
I think they can do what they want to be honest.
IANAL
but I'd argue that they have the right to refuse your booking up until the point that they accept it. The fact they have accepted it, taken the deposit and sent a confirmation in their own words "A contract (our agreement) is formed"
That said, it would appear you like CP to go there that much, and therefore were looking to book at least one trip on normal prices, so one at a bonus rate isn't that bad a deal, and I'd probably be asking them to maybe sweeten a second / third / fourth trip by boosting the accomodation level or chucking in some meal vouchers or......
And find out who the commercial / customer service director is and go to them directly.
I guess what got my goat is Centre Parcs have put the pressure on us as a consumer.
We apparently should have noticed the prices were out of kilter compared to what they should be ?!?!
They can say that as a company because they know what they sell at, where as we are purely looking at a cost on our screen.
We made 4 bookings over a year and a half period all of which shared the same attractive prices. We booked, paid and recieved confirmation!
Now they are pulling the plug on all but one holiday.
There T's and C's dont appear too water tight. I appear to have adhered to section A7.
The battle will rage on..
I think it sounds quite obvious the prices were off hence you booking so many.
What did you want, a free pair of Oakleys!?......oh
Thanks theotherjonv
I had a long chat with their Guest service staff person at head office.
She didnt appear to know much and when I challenged her she buckled a few times.
I have asked for their legal people to phone and explain where in their T's and C's they think they can pull my bookings as section H4 doesnt appear to cut it.
H4 seems to be more a point of covering their behinds on nuisance trouble maker types. Either refusing there entry or getting them out of their villages.
Ive been a few times now, young family in tow. Its ideal.
Whats got me wound up is how they spoke to the Mrs i.e its all our fault!
The prices were low.
But having been in retail etc.
We thought it was the one time CP could advertise Low prices.
So they can state from this price to this price in their ad's
So Yes we thought we had got lucky and a good deal to boot.
A lot of firms roll out short term loss leaders to help promote etc.
I have enough Oakleys they can keep them 8)
Did they take the money? If they did, they're legally obliged to fulfil the contract.
. They dont have to sell you it even if you have paid.So if someone changes a price ticket in a shop and they notice - they dont have to sell it at that marked price.
Yes and no. A marked price is an 'invitation to treat,' they don't have to sell. If you've paid, however, they've agreed to a legally binding contract.
We booked, paid and recieved confirmation!
they are categorically in breach of contract. They've confirmed acceptance of the terms of sale.
As I understand it, they have redress if it's obviously a mistake; eg, if they were selling a month's accommodation for £2, clearly you can't expect to block book the entire park for a few quid. However, if they've offered a reasonable deal and you've taken them up on it, they've accepted and then subsequently gone "ah, we've changed our mind", they've got no legal legs to stand on whatsoever.
(I am not a lawyer, etc etc)
I agree, once they take the deposit and confirm the balance, they've agreed to a contract. If they can afford to or are willing to sell one holiday at that price, no reason to think they wouldn't let you have four at that price.
My memory of a-level contract law is that they are in breach - invitation to treat -> offer -> acceptance -> consideration paid.
But that is only a-level law. Ask on money saving expert, they'll know for sure.
I don't get why you want to go 4 times! Is the price that good?
From reading the T&C's you posted, They are in breach for certain.
They advertised.
You paid.
They accepted and sent confirmation.
If they get a price wrong, they have a chance to notice and correct it.
(before they accept and confirm the booking)
They missed that window of opportunity, and are now hoping you don't stand up for yourself and take it further.
Would you get a full refund if you booked, at standard prices, but then cancelled your booking or would you lose your deposit?
I don't get why you want to go [s]4 times! Is the price that good?[/s]
FTFY 😉
geoffj - Member
I don't get why you want to do something I don't want to do at the moment? [s]you want to go 4 times! Is the price that good?
[/s]
FTFTFY 😆
One tip, a letter (yes on paper, remember paper?) to the CEO will always go further than a phone call. State the loyal customer part, and stick to the facts. (Family dealt with these many years ago, though that was pre email days)
Though perhaps this was a higher power telling you that you booked the wrong village.
Why you would want to go to a place that treats you like that is beyond me.
Mind, the whole Centre Parcs experience was an expensive mistake that I would not repeat if it was free.
+1 PHead. Always works. Let the people that you're currently dealing with know that you are writing to the CEO and then, really important this bit, do it!
...probably worth mentioning that you've consulted with stw of course!! 😉
IANAL, but if they're relying on H4 then they haven't a leg to stand on. Not if they've confirmed and taken a deposit.
I'd be all for you, and agree the T&C's seem to support your case, H4 clearly only applies before they have given you confirmation, and they are bound by A7 - but I am more than somewhat concerned that upon making the booking for yourself, you didn't come on here and let us all know about the pricing error so we could pile in and get a bargain ourselves.
Due to your failure to spread the love, I'm afraid that I find it difficult to think that its anything but Karma kicking in. 😉
Booking 4 holidays suggests that your wife was ripping the arse out of it.
Out of interest, what was the price they were being advertised at, and what would they typically be?
Fantastic work lads.
Im very proud, loads of good info here. You have nailed the MS expert forum which I have 2 but informative replies on.
[url= http://forums.moneysavingexpert.com/showthread.php?t=3577871 ]MSE forum[/url]
MTB power... 😀
MC
I would have spread the love but the MRS woke me up at 1am when I was already knackered from about 3 nights of no sleep.
I poped down for 10 mins to see what the crack was then back to bed.
When I woke up again she had booked all 4 holidays...
By 9am the next day CP had changed all the pricing.
We genuinly thought it was one of those windows when they offer deals for a small window of time so they can say prices range for £x to £Z depending on when you book up.
middle class problem of the day!
😆
So some poor CP employee has made a mistake. CP realised their mistake within 24hrs offered to honour one of the bookings, presumably, as good will, but you still aren't happy, even though you've suffered no loss.
It's no wonder the country is on its arse, etc., etc.
Can I respectfully suggest that you need something else to worry about 😐
Large company minimises its overheads and maximises profits by employing too few, clearly overworked staff, who subsequently make mistakes, and relies on using internet sales & computer based automated booking service rather than customer facing representatives.
So, having to stick by their mistakes is a balance against all those savings they've made, innit 🙂
(my word, I've come over all leftie like... 'scuse me while I have a little sit down 😆 )
By the letter of the law their cock up, they're a big company and should have performed better. warton, stop being so patronising (or possibly jealousy creeping in?)
The law's there to protect everybody not just the 'down trodden left wing minority'
Required Payment means either the required deposit or the full amount due for your break.
Our agreement incorporates the entire contents of the current brochure and current “Booking Guide”, the Confirmation and this agreement (which we sent to you following your telephone reservation or which you accepted online at the time of booking).
Our agreement with you binds you, (the person named on the Confirmation), and all members of your party, including children and any day visitors. You must ensure that all members of your party are aware of, and accept all of this agreement. Our agreement continues until the last member of your party has left the Village, including any extension to your stay and for such time afterwards as may be necessary.
All is see is this and if I booked on the agreed price and to whats in there CONTRACT
then they have to honour it.
Get down to Citizens advice Bureau
geoffj - Member
So some poor CP employee has made a mistake. CP realised their mistake within 24hrs offered to honour one of the bookings, presumably, as good will, but you still aren't happy, even though you've suffered no loss.
It's no wonder the country is on its arse, etc., etc
What? a none constructive pee take of a reply.
There was no way the above knew or had known there was a mistake made
and agreed on there tight contract and purchased the online offer.
Is this NOT what we all do on the web to make a saving or make a Deal ?
What? a none constructive pee take of a reply.
Too many armchair lawyers who know the price of everything and the value of nothing. Someone made a mistake - it happens. Karma an all that!
There was no way the above knew or had known there was a mistake made
and agreed on there tight contract and purchased the online offer.
Given the OP's reticence to say what the advertised price was I'm not entirely persuaded by that point.
Also whether they have broken the contract is largely irrelevant
Let's say the OP goes to Citzen's advice Bureau and they confirm the contract has been broken.
Then what?
Trading standards aren't going to be interested as it's obviously a genuine mistake rather than intent to defraud. Breach of contract isn't a criminal offence, so the police aren't going to be interested, so assuming that CP don't change their stance, then the OP has to take them to court. Good luck with that!
Given that logic what's to stop them adding say £10 per person to everybodies holiday saying that the price they had booked at was a mistake . Would you expect everybody to just sit around and accept it ?
[url= http://forums.moneysavingexpert.com/showpost.php?p=48090697&postcount=5 ]ok who is it from here?[/url]
H4 seems to be more a point of covering their behinds on nuisance trouble maker types.
I would have thought that it absolutely applies then 🙂
Given that logic what's to stop them adding say £10 per person to everybodies holiday saying that the price they had booked at was a mistake . Would you expect everybody to just sit around and accept it ?
Well, that would be advertising a misleading price, which is a criminal offence under section 20 of the Consumer Protection Act 1987.
The important word is 'misleading' which means deliberately trying to give a false impression of the price, as opposed to just making a mistake.
Again thank you for the comments.
As the the negative ones, I wont go to lengths, if you wish to pigeon hole me.
Ive had manual jobs my whole life. Worked weekends for the first 13 of them a 6 day week for 2 of them to "Save" a deposit for my first pad, been on a 4 day week and found work elsewhere to make ends meet. I dont claim for benefits even though eligable. So rather than take I would like to beleive Im adding to our country when poss.
So "No" not a Middle class issue and no its not "Karma" I havent wronged anyone in this process.
The reason for my defence is CP line of communicating to my wife.
Im sure everyone sticks up for their family-other halfs and Im no differnt.
The staff more or less accused my wife of theft. She stated it was "Out of your normal booking pattern". There was no apology when the cancelation e-mails flooded in. It was if we had hacked into their website and what was she doing up at that time. At no point did she state this is our problem at CP we cocked up. She was pointing the blame towards us, like you should have known not to book at those prices?!?!
Had their staff taken a more tactful approach and been a hell of a lot nicer it would not have got my back up and we could have all have come to a civil agreement.
The real life scenario was my wife was up late "Working" and looking ahead as we both have a busy "Work" schedule next year. 2 kids she looked at prices for CP. She found a good price, woke me up. Booked it, then looked ahead and the future prices were all attractive.
Nothing seemed obvious on the site i.e wrong as all the other prices were tiered as usual.
Like I said before, we thought it was purley a booking "Offer" window of time so that CP can advertise we sell at prices £x to £y depending on when you book.
As for "Out of your normal booking pattern" whatver that means? weve been twice before and I think its a little irelavant anyway?
Surely a website is a 24-7 selling tool thats the whole point.
With 2 young kids often the only time to get on with things is late at night.
I would go to the Citizens Advice.
They have very helpful when my Mrs contacted them.
Had their staff taken a more tactful approach and been a hell of a lot nicer it would not have got my back up and we could have all have come to a civil agreement.
So are you trying to punish them?
So are you trying to punish them?No Im trying to defend my family.
I dont take kindly to someone phoning my family and pointing the blame squarley at us, as if we were wholey to blame.She now wants play the Hardline with CP T's and C's in full expectation of me being a clueless twazak and roll over.
Its a principle for me now that she is blaming us for me to look into what they have done and can they lawfully do it. I have been on the other end and been front of shop with the general public and wouldnt ever have taken the line that CP has with dealing with this situation.
Weve all taken a phone call with a: someone that is very pleasant and understanding or b: someone that takes the other approach.
If my wide booked for trips to CP and then CP gave me a chance to cancel them I'd take it and be grateful.
Like Ian Munro I'm pretty curious as to how much discount there actually was. Was it a reasonable amount? Or something so good you'd want to book 4 times 😉 Come on, fess up 😉 I think if it's the latter perhaps you should accept the 1 bargain holiday and cut your losses. As suggested, you might have to take them to court to enforce matters. Then they might be able to bar you as a troublemaker anyway. I take your point about them being rude, that's not acceptable. But if you've booked 4 holidays at 50p each then I can see why they're thinking you must have known it's a mistake.
All those people trying to run you down for going to Centreparcs are a bit sad really. Not been myself but I can see the attraction if you've got kids and want something trouble free.
It was a reasonable amount. But nothing mega low like 50p etc
Around 50% on av
Like I said we thought it was an offer window much the same as any shop retailer etc sometimes does.
Loss leader to gain interest for booking early.
In the scheme of things CP isnt cheap, its good but not cheap.
So the total still added up.
Thanks for the interest in general. I obviously wanted to get a feel of maybe where I stood in the scheme of things with where I am so far with the transaction. If the staff hadnt given the Mrs a stearn telling off maybe I wouldnt be pursuing it. Im not sure why some members wish to assume my "Class" and that I havent got anything else to worry about in life?
To put this into a diffrent scenario.
A bloke has finished his night shift, hes traveling home in the early hours and not quite ready for bed he drops into his chosen Supermarket which is now open 24hrs.
He makes his way to the Lager isle and reaches for his favourite tipple, he notices its half price. When looking around in fact the whole lager isle is half price so thinks they are doing a deal.
He picks up 4 bottles rather than 1 as the deal is good.
He takes it to the checkout, the cashier happily scans it all through and its time to pay. At this point the manager passes by noticing the lager price. He puts a halt to it and cancels the sale for all 4.
He puts the blame squarley at the customer. Shouldnt the customer have realised there was a cock up (Even though the whole section was discounted the same) and what the hell was the customer doing in the shop at that time anyway, your not normally in the shop now!
The manager states he can do what he wants due to his T's and C's although he doesnt actually know if he can or not but thinks the customer will be blinded by the science.
At no point does the manager say sorry its our fault etc. Its all down to the customer should have noticed something was out of whack with what do you think you were doing attitude.
This is pretty much where we are in the scheme of things. They have so far said they would honour 1 of the breaks (We will see) the fact they were so bloody rude is why I looked into it further.
Thanks again.