Interesting Dilema
Discussion
Hello all,
At the weekend I bought 10 return tickets for a ferry I regularly use. These have to be used in the next six months.
Anyway, the company told me that they would be £345 and then only deducted £155 from my card. They are now ringing me asking for the balance and they even got the employee who made the f-up to ring and tell me they were about to suspend him and could I please pay pronto so they didn't?!
I know morally this is an easy one to resolve... but we're talking £200 quid, it's there f-up and I put at least £2k a year in the pockets already, where do I stand legally? Do they have to honour the tickets if I don't stump up do you think?
There is nothing in the T&C's of issue to cover this eventuality.
At the weekend I bought 10 return tickets for a ferry I regularly use. These have to be used in the next six months.
Anyway, the company told me that they would be £345 and then only deducted £155 from my card. They are now ringing me asking for the balance and they even got the employee who made the f-up to ring and tell me they were about to suspend him and could I please pay pronto so they didn't?!
I know morally this is an easy one to resolve... but we're talking £200 quid, it's there f-up and I put at least £2k a year in the pockets already, where do I stand legally? Do they have to honour the tickets if I don't stump up do you think?
There is nothing in the T&C's of issue to cover this eventuality.
olf said:
Anybody care to talk about the legal situation as opposed to the moral?
Contract Law, you will have broken the contract, which is 4 elements.
Offer
acceptance
consideration
intent
1)offer, the offer was for the tickets
2)Acceptance, you accepted the offer for the tickets
3)consideration, this was the price for £345, for which the offer and acceptance was completed.
4)Intent, the intent is that you pay for the £345.
Now, they have only deducted £145, so you owe them £200. They have contacted you for the additional £200 which in point 1,2 and 3 was completed.
If you do not pay the additional £200 in point 4, YOU break the contract under contract law, and they will have you by the balls in court
Mr F
Edited by Mr Freefall on Tuesday 27th February 14:34
supermono said:
I don't see how come the bloke will keep his job if you pay up. He screwed up whether you pay up or not.
Sorry, no idea legally.
SM
Sorry, no idea legally.
SM
I agree. Thats just emotional blackmail.
What is interesting is that if they need to respond to this - something which should be a last resort, then it would seem that they dont believe their position is good.
What is interesting is that:
They could just take the correct money from your card,
Cancel your tickets as they are not paid for in full - surely a T&C,
Tell you that unless you pay they will refund you the part payment, surely a T&C too,
Legally and lawfully are two different things. Legally there is no law broken whether you do either option. Lawfully though in contract law if you agree a price of X tickets for X pounds, then the 'contract' is made then. You then have to pay what you have agreed, even if they dont charge you enough the first time they try to take payment.
However, if the operator told you X tickets are X pounds - even if they have made a mistake - and you accept and you pay, then the contract is also made there and then. They would have no right to ask you for any more.
So it would come down to the exact sequence of events. With regard to the ticket they only refunded you £19 for on a different occasion, surely there is a reason why you buy so many tickets so far in advance? Other wise there would be no point, as you could ring up and book at the last minute and then you would know that there wold be no risk of losing money. Of course, I am guessing that if you buy that manay in advance you get a discount!? If that is the case then, the risk is yours.
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