Legal Question in Civil Litigation in Massachusetts

Contract - Info Changed; Am I obligated to pay?

I applied for trip by sending contact

info thru online form. I later received

email from the trip Director providing

details. The email said $100 non-

refundable deposit was required 2

secure place & $100 cancellation fee

would be charged if I changed my

mind after submitting deposit.

Nowhere in email was there any

indication that the trip wouldn't be in

New Orleans or that we would be

taking the bus. Location has been

changed to rural town 50 miles south

of city. My allergies require proximity

to city/hospital. I didn't want to ride

bus & offered to pay for flight. The

trip Director offered to pay, only to

change her mind a week later after

ticket prices doubled. I cancelled out

of trip b/c of (1) location change (2)

postponing my flight purchase 2 my

financial detriment (3) health

concerns. Am I still obligated to pay

the cancellation fee?


Asked on 3/02/09, 11:31 pm

1 Answer from Attorneys
George Davis Law Office of T. George Davis, Jr.

Re: Contract - Info Changed; Am I obligated to pay?

On the basis of the trip destination being changed after the fact, I believe you have a strong argument that you should not have to pay the cancellation fee. My rationale for making that statement is that it appears that the organizers of the trip broke the terms of the original contract, by making a material change (i.e., the new destination). Accordingly, your obligation to fulfill your end of the contract (i.e., pay the cancellation fee) should now be negated.

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Answered on 3/03/09, 12:06 pm


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