Legal Question in Business Law in Maryland

I ordered a 24 passenger party limo bus for my bachelor party, and the first thing I noticed was the bus defenitely wasn't fitting 24 people. We had 10 that couldn't make it last min and only went with 15 and it was still very crowded. The AC was not working well at all and there were 3 people with shirts off 5 minutes into the ride. We blew a tire 15 minutes into the ride and rode for about 20 miles on a blown tire while screaming at the driver to pull over. In the process the second tire was ready to go at any minute. We were onside the road for about 2hrs waiting for roadside assistance which they had none so a local cop had to call a local 24hr tire company to fix the tire and also bring gas cause we ran out. the company sent another bus and it only went maybe 50 mph max and this was at 11:30 and we still had an hr and a half drive. Basically the driver told us he talked to his boss at the office and he gave us an option to continue with the trip or cancel and get a full refund mailed to me. Well needless to say when I called the office they told me it was not in their control what happened and that no refund would be given. I did sign a contract and it said they would not be liable for mechanical or electrical problems but endangering our lives driving on a blown tire and also running out of gas definitely cant fall into those categories. Jus wanted to know what I should do? It just seems like im gonna get screwed here


Asked on 6/08/10, 6:43 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

I'm assuming you chose the option of cancelling the trip when that was presented to you by the driver after all the mishaps. I think you would be successful if you filed suit in small claims court against the company with whom you contracted. You did not get the benefit of what you paid for, and you had a right to rely on the "cancellation" offer made by the driver because he appeared to have been authorized to act on behalf of the company at that time. Small claims court hears cases up to $5000 and it's relatively easy to file the complaint and proceed on your own. Once you show them you are not going to let them get away with this, they may well decide to refund your money rather than incur additional expenses to fight the case. You can get the suit papers from the District Court of Maryland in your county.

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Answered on 6/08/10, 11:08 am


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