Legal Question in Civil Litigation in Florida
Group Travel holding individual responsible with no contract
My daughter's Texas dance team is using a Florida travel agent to plan their March 16 trip to Disney. Our daughter had to purchase a package with all the girls; however, the other family members were free to chose their accomadations, etc. We were asked if our family wanted a room at this Disney Hotel, and were told we had until final payment to pay anything or amke any final decissions. Apparently, our group coordinator was told this by this Florida travle agent. We put no money down, signed nothing, and received no paper saying any specifics, Everything was verbal. We had them ''hold'' this room for us,and half way through this period, well before the final payment deadline,we notified our group coordinator we did not want the room. We didn't even have any specific dates, just an estimate of the number of nights we thought we might have wanted. This agent said we owe for 5 nights, the number we guessed, with nothing signed, no dates, no money down, when we were told this was basically a ''coutesy hold.'' Apparently, weeks before final payment was due, our rooms were released and yet we were told we owe. The day before fnal payment, we asked if there was EVEN a room if we payed the 5 nights, and were told no?
2 Answers from Attorneys
Re: Group Travel holding individual responsible with no contract
You should speak with an attorney regarding this.
Who are they saying owes? You?...your daughter?
It appears that the hotel is not out any money if the room was occupied. How much are they holding you accountable for?
Re: Group Travel holding individual responsible with no contract
It's always hard to assess the rights and responsibilities in a contractual arrangement without asking a bunch of questions, to determine the exact facts. Also, most of the time, the other side's version of the facts differs from yours. However, relying on what you have related, it is clear that the hotel is not entitled to the room rent under any circumstances. It sounds like the agent is looking for a big bonus. I would consider reporting this agent to criminal authorities for possible theft. Certainly if the hotel sold the rooms, it is not looking to the agent for the money, "courtesy hold" or not. The only scenario I can imagine is that the agent intends to pocket the money. As I indicated, there may be another side to the story; I just can't figure what it might be. It is certain that you don't want to use this agent again.
Dan
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