Legal Question in Business Law in New York
Can Travel Agents be sued for their fradulent practices
I purchased airline tickets for travel to india through makemytrip.com on 8/11. As per my itinerary I am supposed to leave LA on 12/20 at 0140hr. The agent told me that I had confirmed tickets. But unfortunately the airline preponed its flight by 2 hrs to 12/19 at 2335hrs and hence when my agent actually tried to block my ticket on 8/23(they lied saying that everything is confirmed), the 12/20 flight was actually leaving at 2335hrs and not 0140hrs. But the travel agent never informed me about this change and automatically booked me for the 12/20 flight at 2335hrs.
Now the problem is that I have an appointment with the US embassay at Chennai on 12/23 at 0915hrs and will not be able to make it, if I take this flight: hence the whole trip is being jeopardized.
In tried calling my agent, returning tickets for reissual; but nothing helped. The travel agent refuses to help and lie a lot. I hear a lot about their bad biz ethics from malaysian too. I feel cheated and stressed out (calling 25 times so far). The whole purpose of buying the tickets early seams to have been defeated.
My Question:Is there any forum where I could get my pain redressed? Is there a way for me to get my time and money back. Can I sue this company?
1 Answer from Attorneys
Re: Can Travel Agents be sued for their fradulent practices
I see your question was asked with respect to New York law although you have a California Zip code, so I was among the LawGuru attorneys to whom it was referred. I am a California lawyer and cannot advise you on the specifics of New York law. However, as a general proposition, no private individual or business organization is exempt from suit for fraud in any state, with the possible exception that a few states may still limit suits agains bona fide charities.
So, in theory you should be able to sue this travel agency.
However, many questions remain, including whether New York, California or some other (federal?) law applies; where jurisdiction may be had (what is the proper court); whether the suit should be for fraud or merely breach of contract; whether the agency is liable at all or whether some term in their agency agreement limits their liability; whether it is the travel agent's fault or the airline's; whether you sustained any harm for which money damages could be awarded; and so on.
It seems to me that you have sufficient time to re-book or reschedule your appointment. A court would expect you to take reasonable steps to mitigate (reduce) your damages, so I suggest this is what you should do instead of incurring the hassle and expense of filing an interstate legal action.
Finally, based upon your own version of the facts it seems to me the travel agency is at worst only incompetent rather than committing conscious fraud.
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