Legal Question in Civil Litigation in New York
Verbal Contract Violation - I Have Physical Evidence
I paid via 2 checks for a 3-week rental in Tuscany. The place was described to me. I saw an Internet picture of it. I was promised my own room with my own bathroom and a swimming pool. I was promised to be picked up upon arrival at the airport in Pisa, Italy; and 3 weeks later to be driven the 45-minute drive back to Pisa Airport. I was picked up upon my arrival in Pisa and driven to a village called Apella. I spent the first night in a room with a man. It turned out that the person I had contracted with had decided that the Apella house was unacceptable. She found another house, however this was a 5 hours drive from Apella, the town of Montalcino. My quarters were not my own. I did have my own bedroom, but shared a bathroom with several others. Two weeks into my ''vacation,'' I rented a car because I realized I would have to drive myself to the airport as the person who was to have driven me refused to drive the 4 hours to Pisa. The woman I contracted with told me to leave the premises immediately. Her partner threatened to kill me. As a result, I left the premises and as my return flight was over one week away, I had to buy a new ticket. I have spent a great deal of money. Can I collect damages? Do I have a case? Thanks
3 Answers from Attorneys
Re: Verbal Contract Violation - I Have Physical Evidence
While you may have a breach of contract claim, unless the company you negotiated with has a steady presence in New York, oyu will probably have ot sue them in Italy and I couldn't tell you your chances of success under Italian law.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
Re: Verbal Contract Violation - I Have Physical Evidence
Sounds as though you had anything but a real "vacation"! There may be ways to seek damages from the person who promised you one thing and then switched the plans. But without more details, we can't offer you much consolation. I strongly suggest that you call our office for a free consultation. You can reach us at (212) 387-7787. I look forward to meeting you!
Re: Verbal Contract Violation - I Have Physical Evidence
Do you have receipts or copies of the internet pages? Is your evidence signed, written, or endorsed by the other party to the contract?
You may have endorsed checks, or something similar but then, you have to dercide who to sue.
If there is a travel agency involved you are better off then if there isn't. (It doesn't sound like it from your description).
Can you sue someone in a foreign country? Yes.
IS IT WORTH IT? In a product liability case, yes. In your situation, only you know that but it could be very, very expensive, and result in an uncollectible judgment.
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