Legal Question in Civil Litigation in Nevada
I purchased a round-trip standby ticket for flight on a major airline between Reno, Nevada and St. Croix, Virgin Islands. I missed the return flight, notified the airline, and rebooked the reservation under the same ticket for the next available return flight which was one week later (one flight per week). When I attempted to confirm the new return flight 3 days before the departure date, the airline informed me that the first segment of the return ticket had already been recorded as used on the originally scheduled travel date. I informed the airline this was incorrect. The airline informed me that their records showed that someone had actually received a boarding pass with my name, boarded flight and completed travel on the original travel date. The airline refused to honor my ticket for the new reservation. The airline informed me that I would not be allowed to fly without purchasing a new ticket. The airline said it was not a computer glitch. I insisted to the airline that I was not the passenger that flew on the original travel date. I never authorized anyone to use my ticket. I provided and affidavit and other documentation (including a negative FOIA request for any customs declaration form allegedly provided by me on the original travel date) to the airline that I was still in St. Croix and was not the passenger who used the ticket. I was forced to purchase a new ticket at substantial expense. Issues: (1) Did the airline breach its contract with me to provide round-trip travel when it allowed an unknown, unauthorized person to use my ticket? (2) If so, is the airline liable for the full amount of the original ticket (not just the unused portion) because they failed to provide round-trip travel? (3) Is the airline liable for the cost of the replacement ticket I was forced to purchase?
2 Answers from Attorneys
I don't know. I would be willing to look into it for a substantial retainer which would probably be quite a bit more than the ticket itself. Standby tickets well... they're cheaper and therefore risky. You know, you get what you pay for.
With respect to the first question, it depends upon the terms and conditions regarding your purchase agreement. For example, did you purchase a ticket that allowed for exchanges for a nominal fee, or a ticket that did not allow for any changes?
With regard to the second question, you will likely not be able to recover the full amount under any circumstances. Even if you prevailed on a breach of contract claim, receiving the full amount in damages, the airline would likely prevail on a claim for unjust enrichment, essentially offsetting your damages with respect to the breach.
With regard to the third question, you may be able to recover the cost of a replacement ticket. If the replacement ticket was less than $2,500, you might consider filing a complaint in small claims court. Visit http://www.lacsn.org/free-classes/ for information regarding self-representation before the small claims court.
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