Legal Question in Consumer Law in California

I live in the UK and in April of this year, I booked a diving trip from San Diego, CA, US for September 2014. The Schedule was advertised as 6 nights (4-10 September) at a cost of USD 2,995.00 per person. The company is now claiming the trip was mis-priced that that we must reduce the trip to 5 days or pay an additional $500 per person. This seems very unfair. Is it legal for them to do this or should they honour the trip as described on their website when we booked?

Asked on 10/25/13, 7:48 am

2 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II
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I'm sorry this happened, but it is not clear to me whether or not the are legally required to honor the original price. In the case of an honest mistake in an ad, the law would favor the advertiser. Websites often have disclaimers for situations like this and it would be difficult to render an opinion without seeing if this situation is covered.

From a practical standpoint, the cost of the legal battle to sort this out would probably cost farm more than the $500 price increase. Unfortunately, you will probably end up cutting out the extra day or paying the $500.

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10/25/13, 1:39 pm
Armen Tashjian Law Offices of Armen M. Tashjian
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0 attorneys agreed

You have a valid and binding contact. Your options are a demand for specific performance or a full refund. By the way, since the controversy is below $10k you will easily handle this in the small claims court for less than $100 in filing fees and costs.

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10/26/13, 12:13 pm

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