Legal Question in Business Law in California

Re: Travel agency frauds

It would seem that Five thousand dollars ($5,00.00) would cver your inconvenience and not blow the case into a major litigation. That can be handled in Small Claims Court without an attorney, just you and the agent to tell your story. Costs are minimum, time of resolution is minimum, and you keep 100% of what you win.

Re: Travel agency frauds

Dear Sir,

I have read your query sent through LawGuru.com. From the facts you presented, there appear to be a number of claims you can make against the travel agent, including fraud, intentional or negligent inducement of emotional distress, theft by deceit, and other potential claims. Please note that this e-mail does not establish an attorney-client relationship and any information you provide until such relationship is established will not be protected by this privilege and may be subject to discovery.

If you wish to further explore your rights with respect to this issue, please contact this office using the information provided herein below, or you may reach of office at: 866-668-4868 or through our site at www.summersrubinstein.com.

Sincerely,

Julian Summers

Re: Travel agency frauds

It sounds like you have a pretty good case against the agent; if he isn't willing to settle with you then you can take him to court. You are entitled to recover the amount you paid him as well as any funds you spent on travel plans which were ruined by his inaction. However, if you could have salvaged your plans by spending an additional amount to get last-minute tickets, your damages may be limited to the difference between the price of those tickets and the price you actually paid. You may also be entitled to recover for the intangible value of the travel experience which you would have enjoyed had the agent done his job.

If you believe the agent intended to do this to you when he booked your trip, you can also sue him for fraud. If this claim succeeds, you should be able to recover damages for emotional distress and possibly punitive damages as well.

Probably your first step should be to write a demand letter and explain how much you believe you should receive in compensation. If he works for a reputable agency and/or has liability insurance, there is a good chance you will receive a fair settlement without going through the time, cost and aggravation involved in suing someone.

Good luck.