Legal Question in Consumer Law in Florida

Re: Are email confirmations binding?

Actually, the fact that you have an email confirmation is helpful evidence, but it's not all that significant in terms of any legal issues.

It strikes me that even if the agency just gave you a number over the phone, or even told you that your reservation was confirmed, they would have made a contract with you.

The important fact is that they made an agreement. Whether the proof you have is oral, email, carved in stone, notarized, doesn't really matter. As long as it persuades the court. AN email printout is very good proof that the agency made an agreement and promised that you were booked.

They gave you information on which you relied. You booked the flight and hotel, I assume, after the cruise was confirmed. They were negligent in taking your mony and not booking the cruise, and so they are responsible.

Now, the travel agency may not be able to bind the cruise line, which hasn't done anything wrong. If the level you wanted is all booked up, the ship can't really kick someone else out to make room.

I think the agency should arrange for the cruise reservation and they should bear the difference in cost.

You can:

Consult a lawyer to write a demand letter. (this is the best strategy).

Speak to the owner and demand that they book the available room and make up the difference.

If they still refuse, then tell them that you demand a full refund, and tell them you're going to book the rooms through another agency or directly from the cruise line. (that way, they lose their commission). And that you'll sue them for the additional cost. And that you'll tell the cruise line what happened.

Re: Are email confirmations binding?

Mr. Marvin gave you a very through explaination, I will only add one thing, for your understanding...

A contract requires an offer, an acceptance, and consideration. Here, there was a request, an offer and an acceptance. Did they charge your credit card? If so, that is your consideration, get proof of the charge. If they did not charge your card, do not painc! Here, your reasonable reliance on their promise that you had your reservation, and your purchase fo airfare will act as a consideration substitute here (sometimes called "detrimental reliance").

I agree with Marvin, PUT YOUR DEMAND THAT THEY BOOK YOU ON THE SAME CRUISE AT THEIR INCREASED EXPENSE, NOT YOURS. Tell them you will report them to the cruise line, FL and PA Dept. of Consumer Affairs, BBB, and sue them for consumer fraud if they do not perform.

REMEMBER to put everything in writing !!! Conversations, you send a letter "to memorialize my conversation today with ____ , wherein ____ stated that __(fill in the blank)__." Always put it in writing!!!

Good luck.

Kevin J. Begley

Re: Are email confirmations binding?

I totally agree with what Attys. Marvin and Begley told you. Very good explanations.

Again, nothing here would be binding on the cruise line, because you didn't have any sort of deal with them, and they knew nothing about your deal with the travel agent.

The culprit here is the travel agency, who should be responsible for covering any costs you have to incur. YOU shouldn't have to be paying for an upgrade, they should. Or a rescheduled trip, with them covering the costs of the things you had to cancel (plane, hotel).

I am kind of curious how they provided you with the number of your room, etc., if they never put your reservation in though.

ALWAYS communicate in writing with them. Have you worked with this travel agent before? Do you know others who have? Is there a possibility that this wasn't a "mistake" but rather part of how they increase their commissions?

Anyway, if you'd like to pursue this further, please feel free to contact me. If time is of the essence in resolving this, you need to talk with an attorney ASAP.