Suing a Travel Agency for not paying the airline?
Do to the suden dead of my grand father my siters neded to travel for the funeral to represent my mom , to take charge on the arrangements, & I to at least been able to say good bye.
I reserve the airline tikets and my mom and sister give me the money to pay for it, I went to a TA & pay cash so not lose the reservation.
we went to the airport and the airline say ,the travel agency never paid the airline for the tikets ( a representant of the airline say that the travel agency’s bussiness credit card bounce, so they never got the money.
we were devastaded they were not other reservations until next day & also we would needed to pay at least 1300 for each tiket rigth away. By law in Peru the funeral needed to be the next day. we finish making other arrangements and sending more $
we went to the TA the next day to claim the money back, the huimilliate us saying because we were poor little mexicans we ask for our money back & to get the cash have to signed a release no suing
some poeple say I dont have a case others i have a good case. this have been emotionaly and finantially hard the the TA insted of apologised treat us horrible telling ” you lttle mexicans always make problems” ( i am peruvian) also who has to sue, my mom &sisters? it was their money & they were the one traveling or my that i did the transactions.
I started action in small court but beacuse i got an infection a my foot I was not able to go to the hearing it was 2 days ago I think it was dismised.
I friend toldme no mater because mom & sisters should be the ones suing not me please help
You didn’t ask a question, but if you’re asking whether or not you can sue the travel agency, here’s the answer: You CAN sue anyone. Whether or not you’ll win is a different matter. Since the TA’s credit card bounced, this would indicate that the agency does NOT have a lot of money. This would make it impossible to find an attorney who would be willing to pay the expenses of a law suit.
Agree to sign the release in exchange for a full refund of your money. Make sure they realize that failure to pay you will result in formal complaints and bad publicity.
it would be very doubtful that you could sign away your rights to be able to recover something from the travel agent. my guess would be IF you signed anything it would have been ADR alternative dispute resolution, which means that you cant sue them but you can take them to mediation or arbitration, which is kinda like suing them, but not infront of a judge. Arbitration is binding and can’t be appealled, but mediation is not binding and can be appealed. i would initiate proceedings gainst them for refund of the expenses, and pain and suffering, possibly. depending on where you live this can be done in small claims court, also depends on how much you are suing for. best thing to do would be to see an attorney for the matter, if you are unable to file the papers yourself. read all the papers that you signed to see what your rights are.