Legal Question in Civil Litigation in Maryland

Here is the situation. March 10th my mother paid for boarding services for our puppy which would begin March 20th and end the 29th (we were going on vacation). My mother signed a contract which included the cancellation policy. According to the boardings cancellation policy, cancellation must be given 2 weeks in advance to receive 100% credit, and 1 week in advance to receive 50% credit (no refund). One of our traveling companions, my girlfriend, her mother passed away March 16, buried the 18th and we decided that we would no longer need the boarding services since we cancelled the vacation because our travel companion is unfit. We inquired about refund/credit March 19th of $695. The dog has yet to be released into their care, the release form has not been signed and no services have been performed. My question is this, if we were to take this issue to court in the case that we are not refunded, would we have valid case and one we would likely win? Any help in this matter would be greatly appreciated. Please also cite what legal terminology i should use when i confront the owner of the boarding establishment to perhaps sway them into avoiding legal conflict and just giving our money back. Thanks


Asked on 3/20/11, 2:25 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Since your mother signed a contract with the cancellation terms spelled out, unless there were some exceptions for emergencies, she's not entitled to a refund. Maybe you can convince the boarding service to at least give you partial credit for a future boarding under the circumstances and as a matter of good will and future business. The reason these places have these policies is they don't want to be caught with a last minute vacancy that can't be filled. You might inquire if they were so busy that your booking caused them to turn away another boarder. If not, you have a better case, at least on an equitable basis. Next time you need to board your dog, you'll look for a facility, that at least has a more flexible policy.

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Answered on 3/23/11, 10:59 am


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