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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
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Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Hi, I bought Continential airline tickets a year ago to take

Resolved Question:

Hi,
I bought Continential airline tickets a year ago to take a trip to Japan, Singapore and Hong Kong. Since then Contiental airelines and United Airelines merged. I received an email from United Airlines with my iternariy. They made a mistake on the ticket, it saids, I will land in Singapore May 5 11:55pm Local time, but I actually landed on May 4, 11:55pm. This had caused tremendous pain for us as we didn't have a hotel booked for May 4 and May 5 as we were planning to stay at our friends place, but because my friend knew I wasn't coming till May 5, 11:55pm, he was out of the country. My husband and I was very frustrated, we waited hours in the airport and scramble to find a hotel in midnight carrying luggages. What monetary amount can I claim with United Airlines? I am about to write them a leter, what should I state in my letter? What are my rights as a customer? I paid $1400 for each ticket for the trip with my husband and I. If United Airelines will not re-imburse me, I will take them to court. How many days do they have to respond to me?
thanks
Submitted: 1 year ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If they provided you improper itinerary, this is a breach of contract which means you are entitled to claim your actual losses based on their breach of contract. Thus, you can claim any additional expenses you incurred as a result of getting there a day early without a place to stay (this would include hotel costs and transportation to the hotel) and any money you would not have had to have spent if you had arrived as you were supposed to without the airline's mistake.

You would give them 30 days to respond to your demand. If they do not respond or refuse to pay, then you would be able to sue in the small claims court for your damages as long as those damages are under $5000.



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Customer: replied 1 year ago.

would I be able to claim money for the stress and wait time we spent in the airport and finding a hotel?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

I am afraid that the NY law states that for breach of contract, only actual expenses can be recovered and damages for mental anguish and stress are not permitted in a breach of contract claim as those are considered "non-pecuniary" damages (not actual damages)
Customer: replied 1 year ago.

 


can you provide some wording in terms of what I should state in the letter to United Airlines?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

You need to tell them that they made an error in your itinerary that caused you to arrive a day early from the original itinerary and that based on their administrative error they are liable to you for breach of contract as they did not provide you travel on the specified dates nor did they secure your agreement to travel on those dates, but you were forced to do so or lose your airfare and increase your losses. You traveled to mitigate your losses and as such you are demanding damages in the cost of the room you would not have had to obtain had they not made such an error.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 92597
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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