Expedia promised us a free ticket. Can we make them stand by their offer?

Q I recently booked a flight for my wife and son through Expedia.co.uk, which I paid for by credit card. I received the tickets promptly.

I subsequently called Expedia again to add an extra passenger (my newly born son). I was told that his ticket would be free, which I accepted. The ticket did not arrive and I made a further call to Expedia. They explained there had been an error in the issuing of the ticket, which had now been resolved. I have now received the ticket, but have received an email from Expedia demanding ?116.20 for it.

I have emailed them many times now, and after first claiming they did not know which agent could have told me the ticket was free, have now changed their story and say that the making of the booking was free, but the ticket is not. This of course is absolute rubbish - they always take payment before issuing the ticket and as they have not taken any payment from me and I am now in receipt of the ticket, are trying to bully me into paying.

My understanding is that you cannot give somebody goods for free and then ask for payment for those same goods. Is this true, and can I make Expedia stand by its initial offer?

DP

Under English law both parties must contribute something of value to an agreement otherwise it is not legally binding. Here Expedia.co.uk has agreed to supply you with a flight ticket for your son, but in return you are required to do nothing since the ticket is free. In strict legal terms this means the agreement is unenforceable against Expedia.co.uk, although you could argue that Expedia must be under some moral obligation to keep to its promise.

If this had happened in France or indeed most other European countries, you could have insisted on getting your free ticket because gratuitous promises are recognised there, but the same is not true, unfortunately, in England and Wales.