Holidaymaker Dorothée from the Somme department will not have to pay 3,129 euros for her mountain stay after the property backed down over a price hike.
Dorothée had arranged a one-week mountain break for next February through an online booking site for 1,660 euros. She received a booking confirmation and a stay voucher, but two months later the residence told her that an online data entry error had occurred and demanded 3,129 euros instead.
The holiday operator has now agreed to absorb the error and maintain the original rate, following an enquiry by French broadcaster TF1.
The dispute came to light on the midday news programme presented by Marie-Sophie Lacarrau on TF1, where journalist Valentin Dépret examined the case on the consumer helpline segment. Dorothée had contacted the broadcast team to ask whether accommodation owners have the legal right to increase prices after a booking has already been finalised.
Dispute Over Mountain Booking
The residence initially justified the increase by arguing that 1,660 euros was abnormally lower than the rates customarily charged for winter mountain holidays during that period. Management claimed that staff had made an error when entering rates into the computer system and pointed to terms on the website stating that obvious errors were not binding on the company.
Under French commercial regulations, however, sellers are bound by a strict pre-contractual duty of information. A vendor must inform customers of the total price before an agreement is concluded, including any mandatory booking fees or cleaning charges, and businesses are prohibited from unilaterally altering the price once a contract is formed.
Regulators treat unauthorised price increases as potential misleading commercial practices. While businesses frequently rely on disclaimer clauses when website prices are listed incorrectly, legal experts warn that such terms cannot be used to dismantle an existing contractual commitment at will.
Consumer Protection and Pricing Errors
Emma Leoty, a French consumer law attorney who analysed the case for the programme, explained that displayed pricing mistakes generally work in favour of the customer. The law requires a merchant to stand by the advertised price unless the company can establish before a court that the figure was a manifest error.
A manifest error typically involves a price so absurdly low that any ordinary consumer would immediately recognise that a mistake had occurred, such as a luxury item priced at pocket change. Leoty noted that while the gap between 1,660 euros and 3,129 euros was substantial, 1,660 euros was neither symbolic nor derisory for a one-week holiday.
Leoty also pointed out that exemption clauses on booking websites must be fair and clear to carry legal weight. If a clause allows a trader to cancel an agreement whenever it chooses, a judge may rule that the provision is an unfair contract term and refuse to enforce it.
Resolving Accommodation Disputes
To challenge the unexpected surcharge, Leoty advised Dorothée to send a formal registered letter to the residence. The letter needed to state that she maintained her reservation, intended to arrive for her February stay, and refused to accept any refund.
Under French legal procedure, the burden then rested with the holiday residence to launch formal court action if it wanted to cancel the contract. Without a court order invalidating the agreement, the property could not simply cancel the booking or refuse entry.
The property opted against legal action after TF1 contacted management about the dispute. The residence confirmed that it would take responsibility for the clerical mistake and let Dorothée keep her reservation at the original 1,660 euro price.
The consumer advice segment Le 13H à vos côtés regularly addresses everyday consumer conflicts across France, inviting members of the public to submit questions by video or email. Dorothée, who lives in the northern Somme department, secured her winter holiday without paying the requested surcharge.
