Travel Agent wants extra money after I paid in full. Options?

Poor Ass on 24/08/2019 - 12:39
Last edited 27/08/2019 - 12:52

Paid a cruise in full as per the contract and then few hours later agent said they made a mistake with the price (forgot to include taxes they admitted).

I asked for a full refund then they said cruise company cannot refund as passed full refund cooling off period etc etc.

Now travel agent are refusing full refund and they provided option either I forfeit the initial deposit and get refund of what ever remains or I paid the difference of there mistake.

Travel agent won't budge. Legally what are my options as they screwed up the pricing and won't refund in full and want me to pay difference.

Help?? Thank you.

UPDATE: TRAVEL AGENT WILL PAY TAXES IN FULL BUT ONLY AFTER WE ADVISED WERE GOING TO REPORT THEM TO OFFICE OF FAIR TRADING AND ATAS

THANK YOU FOR EVERYONE'S INPUT. MUCH APPRECIATED.

Travel

Comments

  • barozgain on 24/08/2019 - 12:44
    +38

    Under Competition and Consumer Act 2010, Chapter 2, part 2-1 :
    section 18

    " (1) A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive."

    and also under chapter 3 section 35:

    " A person who, in trade or commerce, advertises goods or services for supply at a specified price must offer such goods or services for supply at that price for a period that is, and in quantities that are, reasonable having regard to:
    (a) the nature of the market in which the person carries on business; and
    (b) the nature of the advertisement."

    Hence, if you take them to NSW Fair trading or equivalent in your state, you're in the rights (or even to court). As they are obliged to follow the contract or just refund fully if they can't but forcing you to pay more is an absolute disgrace

    • Poor Ass on 24/08/2019 - 13:15
      +1

      Thank you for that… But need to be under Qld assumed similar

      I can't prove they mislead or decept but if they genuinely made a mistake or negligent. I believe they breach the contract that we agreed on and a full refund is the least they can do

      • barozgain on 24/08/2019 - 13:35
        +21

        The Competition and Consumer Act 2010 is the federal law for all states so doesn't matter if in QLD, TAS or WA

        The equivalent of NSW fair trading is QLD fair trading in QLD

        so if the situation is as you described, you're 100% in the right (i.e.: if you take them to court, they'll have to cop the fees)

        • Poor Ass on 24/08/2019 - 13:40

          I wouldnt mind going to court as long as I'm $0 out of pocket which in the past hearing from people that there will always be Acosta involved

          • barozgain on 24/08/2019 - 13:42
            +4

            @Poor Ass: I'd recommend taking it first to QLD Fair Trading (costs nothing) then see what will happen

            • Poor Ass on 24/08/2019 - 13:52

              @barozgain: Will do thanks

              • ATangk on 25/08/2019 - 16:36
                +5

                @Poor Ass: Just send an email and threaten ACCC or QLD Fair Traiding and they should get their act together. If not, there are likely fines etc imposed so they'll oblige (hopefully).

      • Tech5 on 24/08/2019 - 13:38
        +3

        Yes if they genuinely made a mistake, they need to refund the money. You have no right to ask them to give you the tickets if it was a mistake. They don't have the right to tell you to pay more either

        • barozgain on 24/08/2019 - 13:39
          +7

          yeah that's why I said:

          they are obliged to follow the contract or just refund fully if they can't

          But forcing you to pay more or cop the L is ridiculous and illegal

      • aboogee on 25/08/2019 - 13:27
        +1

        Sorry but why can’t your prove?
        You will have a receipt for what you paid previously
        For them to ask you to pay extra they must be sending you SOMETHING
        Isn’t that enough? Get them to explain what are they asking for when you clearly have a receipt for full payment.

    • spaceflight on 25/08/2019 - 21:21
      -8

      Under Competition and Consumer Act 2010, Chapter 2, part 2-1 :
      section 18

      Where is the proof is was misleading or deceptive? A mistake is different.

      and also under chapter 3 section 35:

      That doesn't apply to something like a holiday package that is not advertised and created for the person buying it.

      • tomsco on 25/08/2019 - 22:35
        +9

        Where is the proof is was misleading or deceptive?

        Advising OP they are not entitled to a refund is grossly misleading and deceptive.

        If FC can't honour the contract they have to refund.

      • barozgain on 26/08/2019 - 13:22
        +5

        So you think if you have $x budget and book the holiday and pay …. Then you're told "Oops, mate you have to fork another $2000 cause we made a mistake and you can't get your money back(i.e.: you have to pay)" they're not misleading or deceptive?

        What's your solution then Mr Einstein to this dilemma if you think the business isn't at fault?

        I honestly don't get it when people defend deceptive big businesses (it's not like a small struggling business that can't cop their own mistakes) or blame the victims

      • barozgain on 27/08/2019 - 18:35

        UPDATE: TRAVEL AGENT WILL PAY TAXES IN FULL BUT ONLY AFTER WE ADVISED WERE GOING TO REPORT THEM TO OFFICE OF FAIR TRADING AND ATAS

        If they weren't doing something illegal as you think @spaceflight, why were they scared and offered to pay straight away when threatened?

    • echelon6 on 27/08/2019 - 11:25

      Yes but what if the travel agent just initiates the refund on their end due to nonpayment? OP would lose his holiday (maybe had annual leave prebooked) and would need to chase this down in court. Life's hard even when you're right.

  • whooah1979 on 24/08/2019 - 12:46
    +18

    Advise them at they may either issue a full refund now or deal with a chargeback.

    Btw. Link this thread in your reply to them and say you’re happy to name and shame their branch.

    • Poor Ass on 24/08/2019 - 13:18
      +1

      Charge back as in call my credit card company get the money reversed?

      • whooah1979 on 24/08/2019 - 13:35
        +23

        Yes. You paid for a service which the service provider is now refusing to provide. A chargeback is justifiable.

        • Poor Ass on 24/08/2019 - 13:41

          Do you think credit card company will charge to do chargebacks?

          • whooah1979 on 24/08/2019 - 13:44
            +18

            @Poor Ass: Chargebacks are normally free. The merchant on the other hand may have pay a chargeback fee to their bank.

          • jimbobaus on 24/08/2019 - 13:45

            @Poor Ass: Chargeback is free
            call your bank.. tell them the situation and they will initiate the chargeback for you

          • No ONE on 25/08/2019 - 11:58
            +8

            @Poor Ass: I think charge back is the best option without wasting your time with fair trading or court.

            Provide the bank with contract and back to back communication, the bank will do the rest.

            • Nebargains on 25/08/2019 - 15:57
              +1

              @No ONE: I think charge back should be a last resort personally.

              I'd go back to them, armed with actual facts about how what they are doing by refusing a refund is illegal and you will take it to fair trading, they will refund quick smart.

              • whooah1979 on 25/08/2019 - 18:38
                +5

                @Nebargains: Banks have more powers than consumer affairs. Filing a chargeback may lock the payment and force the provider to address the dispute ASAP.

        • trapper on 26/08/2019 - 12:07
          +2

          I would tell the travel agent first though. Just says refund now or I'm doing a chargeback.

          • Nebargains on 26/08/2019 - 16:01
            +2

            @trapper: Exactly my thoughts, when Op and the Travel Agent first discussed a resolution I bet neither party was fully aware of their rights or responsibilities.

            Give them a chance to resolve the issue first.

            Company I work for deals with charge backs all the time, massive pain in the butt as they come without warning from the bank, then we have to waste time investigating it, then probably dispute it if its worth it where as if the customer just came to the company with their complaint, we could have resolved it without needing to go charge back.

            Too many people just skip all the steps and go straight to last resort thinking it's easier and quicker.

            My bet is it would be 10x quicker just to call up the agent, have a reasonable discussion with management and advise them what they are doing is illegal and you will take it further.

            • chriise on 26/08/2019 - 20:28
              +1

              @Nebargains: I've never had to do it but I imagine it is easier and quicker for the customer. Why should the customer have to mess around chasing multiple parties up and going through a painful beaurocratic complaints process when it wasn't their mistake?

              • trapper on 27/08/2019 - 11:04

                @chriise: Chargeback isn't exactly straight forward either, there is still a bit of a process and paperwork. You need to provide evidence that you didn't get what was paid for, also that you have tried to resolve it with no success etc

  • CyberMurning on 24/08/2019 - 12:52
    +11

    bikies

    • Poor Ass on 24/08/2019 - 13:17
      +21

      Qld gov got rid of them all

      • sa-ozzie on 24/08/2019 - 19:28

        SA tried to ban bikies..kind of wished they banned the pandas

        • Poor Ass on 24/08/2019 - 20:11
          +1

          lol what does that mean?

          • HighAndDry on 25/08/2019 - 16:16
            +5

            @Poor Ass: I think Adelaide zoo has literal pandas. What they have against pandas I've no idea though…

            • brendanm on 25/08/2019 - 17:22
              +5

              @HighAndDry: Probably the expense. Qld has bikies again anyway after Labor got back in.

      • Bargain80 on 28/08/2019 - 09:35

        I thought Annastacia Palaszczuk brought them back?

  • Tech5 on 24/08/2019 - 13:01

    What agent is it?

    • Poor Ass on 24/08/2019 - 13:16
      +2

      Flight Centre they have heaps of money

      • MrHyde on 24/08/2019 - 13:31
        +1

        It helps that they are Australia based.

        Is the quote they provided in writing? Does the quotation say anything about taxes (inclusive or exclusive). If it says nothing, it defaults to inclusive of GST.

        Use the clause specified above to remind them of Australian law and tell them that if they don't remedy the situation, you will make a complaint to qld fair trading.

        • Poor Ass on 24/08/2019 - 13:38
          +11

          The price I paid has "total price including surcharges, taxes and fees"

          They already admitted they forgot to put in taxes but only 'found out' after I paid in full. I can't prove its deceptive but from experience big companies don't feel threatened until you get legals involved

          • brad1-8tsi on 26/08/2019 - 11:21
            +9

            @Poor Ass: I'd ask to speak to a store or regional manager or take it to corporate level. The TA is trying to cover their butt so they don't get in trouble. I bet nobody else in the store is aware of their stuff-up.

            They've quoted a price and they need to stick to it or provide a full refund. I'd suggest you remind them of the section/sub-section in the act that covers this issue.

          • playswithfire on 26/08/2019 - 14:27
            +1

            @Poor Ass:

            The price I paid has "total price including surcharges, taxes and fees"

            I'd be asking to speak to the store manager and pointing out that line on the quotation. Even if it's a standard boilerplate bit of their quoting system, they've quoted you and you have paid them and the money is in their account. If they mis-calculated taxes and then still printed a quotation with that line on it and you've paid them, the stuffup is on them.

            As brad1-8tsi said - the agent is trying to cover their butt.

        • whooah1979 on 24/08/2019 - 13:41
          +10

          (inclusive or exclusive)

          Tax invoices issued in Australia for a retail transaction must include all taxes, duties, levies, surcharges, etc. The service provider in this instance have no right to charge additional taxes on top of the tax invoice that they’ve already issued.

          • Poor Ass on 24/08/2019 - 14:50

            @whooah1979: The issue was they just forgot to add taxes in rather than the tax invoice Inc exc debate

      • jimbobaus on 24/08/2019 - 13:46
        +13

        Go on their social media and post something, get FC head office/social media team to look into it
        probably they will let you keep cruise with no extra money paid or give u a refund

      • c64 on 24/08/2019 - 14:35
        +1

        Flight Centre

        i'm not suprised. it is alleged they just pull airfares out of their asses in this article: https://www.abc.net.au/news/2018-08-22/flight-centre-accused…

        • Poor Ass on 24/08/2019 - 14:45

          Ya I only went with them as it was $150 cheaper pp then what I could get direct from cruise company

          Knew it was too good to be true

          • ATangk on 25/08/2019 - 16:38

            @Poor Ass: $150 cheaper pp is very likely, I rarely find booking direct as the cheapest option.

            • spaceflight on 25/08/2019 - 21:23
              +1

              @ATangk: I have always found it cheaper.

              Especially when the third party sellers add on their service and payment fees.

              The flight centre lowest price promise is also bad.
              They will match the competitors price with the service fees and then add their own fees so they will never be cheaper.

              • Poor Ass on 26/08/2019 - 13:15

                @spaceflight: i just gave them benefit of the doubt

                i mean I can't rule out if they got promotions which is highly likely

  • toniyellow on 24/08/2019 - 13:52

    You could try https://www.atas.com.au/lodge-a-complaint

    • Poor Ass on 24/08/2019 - 14:48
      -1

      Thank you it's a shame they are part of it

      • jetblack on 25/08/2019 - 08:34
        +6

        I work in the industry (not for flight centre) and 'being a part of it' isn't how this works for them. ATAS is an independent body that regulates the industry. There are programs that ATAS administers, such as consumer protections for the case that any of their members go belly up, consumers can get their money back. Membership is kind of like a seal of legitimacy for the agency, and 'being a part of it' is necessary to supporting such schemes. It's not a shield agencies can hide behind because they're members

        • Poor Ass on 25/08/2019 - 18:46

          I guess one bad egg doesn't represent the company

          but organisations have to be part of a group to make themselves look good

          • jetblack on 25/08/2019 - 19:38
            +4

            @Poor Ass: Take the advice, or don't, but c'mon man not everything in life is some conspiracy to screw you over.

            • Poor Ass on 25/08/2019 - 19:42

              @jetblack: just trying to get what i'm entitled to

              hardly any screw ups

  • c64 on 24/08/2019 - 14:57
    +6

    so is this right? you got an invoice, you paid in full, they then demanded more money and refusing to refund the full payment? i'd be talking to fair trading. i'm guessing they should suck up the mistake or refund in full.

    • Poor Ass on 24/08/2019 - 15:31

      Correct

  • Amaris on 24/08/2019 - 15:45
    +7

    This is probably the agent trying to protect his commission or his job. Did you speak to the store manager of FC headoffice?

    • Poor Ass on 24/08/2019 - 17:28

      Correct.. yes head office will look and respond 2-3weeks

      Not sure any good I will go fair trade Qld on Monday

      • Wiede on 25/08/2019 - 19:47

        You don’t have to worry. Whatever you do DO NOT PAY THE EXTRA!

        You can either chargeback or like what others have mentioned, fair trade. 100% you will either get your money back or they will cover the differences.

        Some people will even get extras after naming and shaming in social media. But I understand if you don’t want to go to that route

      • uzz30 on 27/08/2019 - 16:36

        2-3 weeks is way too long.

        24 hours, one working day to either commit to a refund or providing you with the goods and services.

        Making you wait weeks is ridiculous and just plays into their hands knowing that you won't have time to re-book.

        Tell them that they have 24 hours. That you want the holiday, but you are prepared to accept a refund in full. If they are unable to respond then tell them that you have no choice but to take the next step and make complaints to ATAS, Fair Trading and if they don't resolve you will exercise your right to a credit charge back for their illegal behavior.
        <edit> oops, way late to the party, I'm sure this has been sorted by now, I'll keep reading.

        • Poor Ass on 27/08/2019 - 16:55
          +1

          hehe thanks for the input

  • klonky on 24/08/2019 - 16:35
    +14

    I spent sometime as a travel agent in the past. It sounds like the agent has messed up, got in trouble and trying to get the money.
    Honestly, in this situation, pull a "Karen" and go in and ask for the manager. Flight Centre have two options, they can refund you and have to pay the cruise company themselves, or they can apologise and pay for the taxes themselves (the cheaper option). If you have an invoice saying $0 remaining then you have paid it off and they legally can not hit you up for more.

    • Poor Ass on 24/08/2019 - 17:30

      Yes the agent stuffed up

      I just want a refund I don't want to proceed with it anymore. Is that an option even if they elect to pay the taxes?

      • Quantumcat on 24/08/2019 - 19:10
        +2

        I think the ball is in their court on that one

      • Mitch889 on 25/08/2019 - 13:05
        +18

        Why would you not want the trip at the originally agreed price simply because of this? Not like your travel agent will be on the trip with you.

        • Poor Ass on 25/08/2019 - 18:47
          -1

          because I do not want an organisation to handle my business now that I found out they lied today

          • athk on 25/08/2019 - 20:34
            +1

            @Poor Ass: Lied or a mistake, which one is it..

            • tomsco on 25/08/2019 - 22:36
              +7

              @athk: Lied by telling him he has to either pay more or forfeit his deposit.

            • Poor Ass on 26/08/2019 - 09:10
              +3

              @athk: Both actually

          • chriise on 26/08/2019 - 20:34

            @Poor Ass: I wouldn't let that ruin a decent deal on (I assume) a well deserved break. But if you're adament you want the refund I'd just email requesting a full refund by the end of the week else you'll submit a chargeback request. It shouldn't be any trouble.

  • robbyjones on 24/08/2019 - 16:54
    +5

    I had a similar issue with Flight Centre a few years ago. I called up their customer service who were outraged that this had happened. I received a call from the Manager of the Flight Centre store who explained that any errors made are at the cost to the agent who made it. We compromised and came to an agreement. I would start with Flight Centre head office and go from there. Document EVERYTHING.

    I have also dealt with Qld Fair Trading (admittedly some years ago) and they were fabulous and paramount to me receiving a full refund but they requested that I put in writing to the vendor what I wanted and a timeline for this to happen. I did that and didn't receive a favourable reply at which point Qld Fair Trading stepped in.

      • HeWhoKnows on 25/08/2019 - 08:07
        +7

        You are sounding very unrealistic

        This definitely sounds like you are out to get them and not sort out the problem hence will work against you

      • gromit on 25/08/2019 - 13:51

        you may want a refund more than them paying the taxes but that isn't your decision to make. They made the error, they get to either make it right or refund, they will almost certainly choose whichever is cheapest, so if the taxes are around $2k then lookup what the cancellation fees are and that should pretty much tell you which they will choose.

    • macfudd on 24/08/2019 - 23:05

      How can Flight Centre make the agent cover the cost of the error? I thought that was illegal?

      Actually, thinking about it - it's probably some convoluted thing where technically Flight Centre don't make the agent cover the cost, they just get paid less commission next month and that difference just happens to be the same amount as the cost of the error.

      • spaceflight on 25/08/2019 - 21:27
        +4

        they just get paid less commission next month and that difference just happens to be the same amount as the cost of the error.

        That's what they will do.

        It is not illegal or dodgy and is in most commission agreements.

    • chriise on 26/08/2019 - 20:37

      I too had a **** experience with FC previously, but their HO was like a different organisation. Very fair, responsive and apologetic.

  • Jetstream on 24/08/2019 - 18:05
    -7

    How much are we actually talking in taxes?

    Mistakes happen and I don’t think that flight centre has tried to bait and switch. It’s a mistake that happens and one could see how it could easily occur.

    If you were to push, it is likely that fc will just cover the taxes (I presume that is going to be much cheaper than refunding what you have paid)

    If you take it further, you will go to xCAT stand before the member and state your case.

    By then fc would have offered to pay the taxes and simply stand there saying ‘yes we made a mistake, yes we owned up to it, we offered to make good on that and pay the taxes for the client’

    And you will sit there looking like an entitled idiot who gets outrage over outrage.

    Finally consider this, the person that served you is the one that will foot the bill.

    If you genuinely knew that the price was (for instance) $1000, but then when it came time to pay it was $800 - then pressing on with this makes you a jerk.

    People make mistakes, but temper your level outrage to what has actually happened

    • Poor Ass on 24/08/2019 - 19:10

      $2000 in taxes

      What I paid was assumed final price. I did not know they made a mistake until after they called me

      People make mistakes but they need to face consequences and paying for someone's mistake when you are not in the wrong is not right

      They are just making me jump through the hoops

      • capslock on 24/08/2019 - 19:18
        -8

        You said above that you went with FC because it was $150 cheaper pp but now it is $2000? Did you book for 13 people?

        • Poor Ass on 24/08/2019 - 19:36
          +10

          10 people taxes were $200 each

          It's not just GST.. it has port fees too but they called it taxes

          No offence but no need to challenge my numbers

    • Tech5 on 24/08/2019 - 23:10
      +15

      Yea nah, if they under quoted by $2000, I would be only happy if they 1. Honoured the price or 2. Refunded

      • Poor Ass on 25/08/2019 - 18:41

        I would too

    • mrvaluepack on 25/08/2019 - 13:59
      +4

      Yeah mistakes happen but refusing to offer full refund and cancel the order due to the mistake? Thats not right.

      • Poor Ass on 25/08/2019 - 18:42
        +2

        sure is not right alright

  • chumlee on 24/08/2019 - 18:07
    +2

    Contact head office to lodge a complaint

  • HeWhoKnows on 25/08/2019 - 08:10
    -1

    So if you dont pay the taxes what happens?

    You got your booking confirmation

    • Mitch889 on 25/08/2019 - 13:07
      +1

      I’d like to see you try and board a ship or flight with only your booking confirmation email.

    • Poor Ass on 25/08/2019 - 18:38

      no i don't have them yet

      they just got all my money

  • menocheapsk8 on 25/08/2019 - 09:36
    +2

    Sounds like a genuine mistake. The agent is covering their mistake. Just escalate. Why so hard?

    • Poor Ass on 25/08/2019 - 18:39
      +5

      because I committed to a price that I firmly believe was final and are saying we made a mistake $2000 more please and I don't have that

      • Wiede on 25/08/2019 - 19:48

        You got the tax invoce. That is your evidence. Keep that

        • Poor Ass on 25/08/2019 - 22:11
          +3

          yep and $0 owing it says

  • ronnknee on 25/08/2019 - 11:03

    Chargeback is the way to go since they're not budging.

    • Poor Ass on 25/08/2019 - 18:39

      you think they can sue me after I get the $$ back?

      • ronnknee on 25/08/2019 - 18:52
        +1

        Extremely unlikely, because you have better chances of winning in a lawsuit.

      • No ONE on 25/08/2019 - 21:21
        +2

        Law suit for 2k. Must be really broke company.

      • imcold on 26/08/2019 - 20:53

        The can sell the debt to a debt collection agency which will spend a lot of effort pestering you. I dont think breaking a contract like that is the right way to resolve a breach of contract

        • samfisher5986 on 27/08/2019 - 09:47

          Debt collectors won't buy a debt for a service that wasn't supplied and was legitimately retrieved using a chargeback.

          Debt Collectors only buy debts that have a good chance of paying them.

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