Legal Question in Civil Litigation in California
To summarize a complicated situation: a local branch of an international travel agency will not reimburse me the difference in a vacation package that was shortened and downgraded (and that I came to discover was $2000 cheaper direct from the provider). They also booked me accommodations that did not have running water and were unhelpful in finding me an alternate hotel and as a result, I had to book new accommodations myself (though I had already prepaid for the room with no water). I tried to file for a refund with my credit card company under the argument that the services rendered and packages I purchased were severely misrepresented. However, my refund was denied almost instantly because the contract I have with the agent stipulates "no refunds." At this point, I am considering going to small claims court but am worried about this blanket "no refunds" policy that seems to protect the company and its dubious practices. Any advice or assistance would be much appreciated.
1 Answer from Attorneys
The jurisdictional limit in Small Claims Court is $7,500.00. You may want to consider alleging Fraud, Fraudulent Concealment, and Fraud in the Inducement.
The "No Refunds" policy may be vacated by a Small Claims Court if you can show the sale was made based on lies or deceit.
Roy Kohler
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