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?
2 Answers from Attorneys
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.
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.
Related Questions & Answers
So i Bought a used car and the owner via text assured me it was already smogged and... Asked 10/24/13, 5:51 pm in United States California Consumer Law
I recently purchased a used car. I signed my loan paperwork and everything however... Asked 10/24/13, 10:46 am in United States California Consumer Law
I signed a contract to hire a public adjuster and they worked with my insurance co.... Asked 10/12/13, 3:35 pm in United States California Consumer Law
Can I sue someone for poor workmanship based on just a license plate and phone... Asked 10/06/13, 2:22 pm in United States California Consumer Law
Hello, i need some advice, as I've never sued anyone before. Back on September 30th,... Asked 10/06/13, 2:06 am in United States California Consumer Law