Gow v TUI UK Ltd. (Trading as Crystal Holidays) [2006] CLYB 1071G booked a package holiday with T through a travel agent (X). He made the booking over the telephone and paid during the call. On arrival at the hotel G discovered that he was allocated a room in the hotel annexe as he had not paid the supplement required to be accommodated in the main building. T’s terms and conditions made clear that a supplement was payable. Though G was unaware of this at the time of the booking there was a reference to the terms and conditions on X’s invoice provide to G prior to travel.The court held that, although X was T’s agent, the contact had not been formed over the phone. X was merely conveying to G T’s provisional acceptance of the booking. This was standard practice in the industry. X’s invoice was the contractual document and thereby incorporated the terms and conditions into the contract.
