Legal Question in Civil Litigation in Florida

Can I take them to smalls claims court

I booked a Royal Carribean cruise through a travel agency in Jan 07. We went on the cruise in june. I am a diamond member on RC which means if I book a balcony or suite I am entitled to a $200 rebate off my cruise. I tried to get the travel agency to give me the rebate before the cruise and they didn't and now that it is over they owe me $200. I called RC and they said all the travel agency had to do was call them with my membership # and they would have applied the rebate. Even after the cruise they would have credited my credit card but now it is to late and the computer won't credit the card so I'm out my $200. I've been back and forth with the travel agency for 9 months now and they keep telling me they are waiting for RC to give them an answer. When I called RC they gave me an answer in a 10 minute conversation so I don't understand why a travel agency can't get an answer. My question is can I take the travel agency to small claims court and hold them responsible for giving me my $200 back on the grounds that they were negligent in knowing the rules and procedures of the cruise line when this is their business? and if so what do I have to do to get started?

thanks for your time look forward to hearing from you


Asked on 9/19/07, 4:20 pm

2 Answers from Attorneys
Johm Smith tom's

Re: Can I take them to smalls claims court

You can if FL allows you to sue companies in small claims. Google the topic and do it yourself or get an attorney.

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Answered on 9/19/07, 9:25 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Can I take them to smalls claims court

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Yes, you can sue them in small claims by filing a Statement of Claim and Pre Trial Notice. The forms are available on most county Clerk(s) of the Court throughout Florida. Beware, you must name the corporate entity who owns the travel agency if you want to sue them. Of course, you can also sue the individual agent whom you dealt with.

Scott R. Jay, Esq.

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Answered on 9/20/07, 12:16 am


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