Legal Question in Business Law in California

Re: Disclaimer Law

Probably, or at least forcing them to fix the tickets might cost you more then the price of the tickets. I have experienced the same thing myself, caught the mistake immediately, and still had to fight with them for hours to get them to fix it and I had a printout with my requested dates. The problem hinges on two things, 1) that you most likely have no way of proving the companies error, 2) that they most likely showed you a screen at the end asking you if you accept this, with the June 3rd date showing (it is easy to miss believe me). So their records will show that you were shown the June 3rd date and accepted it. Compound that with the disclaimers/waivers, it makes it very difficult to prove your case.

Furthermore, April 3rd was one month ago, meaning that you did not proactively take action, nor immediately take action after the date. This appears that not only did you fail to do what we call mitigate, but you did not immediately act after the fact. It does not weigh well on your side.

What you would have to do, assuming the company is not willing to help you, is sue them for breech of contract and claim that the waiver you clicked on was insufficient notice. If the situation is how I believe it to be, your changes of winning are very small and your headache fighting it is going to be very large (possibly the bill as well).

If I were you I would try to negotiate with the company. Tell them that you really feel unfairly treated, that your experience was one that will assure you will never use this service again (I assume this is true) and that you feel they should take some responsibility for their mistake. Don't yell at them, it won't get you anywhere. Be calm and concerned, and be willing to take a compromise (credit to future flights, etc).

Since I don�t know your exact situation, this should be taken as a guess towards your circumstances, not a legal opinion.