Consumer Protection Law
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Hi! LegalGems here. My goal: To Do My Best To Assist You. Please remember, I can only provide general information,as this is a public forum.
I am sorry to hear of this; with traveling arrangements these situations can be extremely frustrating. If you made changes to the ticket, with fees paid, then the travel company would be obligated to comply with the terms of the new arrangements, or else they can be sued for breach of contract.
Generally, damages would be the cost of the ticket, so that the plaintiff (you) would be restored to the position you would have been in but for the breach.
If you paid a higher price (and did so in a mitigating manner - i.e. tried every possible avenue to get the lowest priced ticket for the comparable trip) the damages would be the difference paid.
Thanks for this so this means that i can go legal as they should have re issued me a new ticket with dates & times
It would depend on the specifics of your ticket (each airline has different policies; and each ticket has different contractual terms, as each ticket is a different contract; rather frustrating!). That being said, if the agency confirmed you were on a different flight and then failed to issue tickets, generally that is the basis for a breach of contract suit.
Yes that is what happen they confirmed change of flight and took the extra fees, spoke to the passenger the next day to confirm change of ticket but never sent a email with new ticket and dates so the passenger could give to the airline, so this is why i had to purchase a new ticket.
If i go legal will i get my legal cost & ticket cost back that's all i want.
I'm sorry this happened. I know travel plans are very important, because that is why we all work 50 weeks out of the year - to pay for those 2 weeks we remember forever! If they failed to reissue the new tickets then that could be cause for breach of contract; once a contract is entered into (a contract does not require a signed document but can be formed over the course of emails, telephone calls, etc), if it is breached, the damages are economic harm suffered by the plaintiff. Generally, the courts will want to restore the plaintiff to the position s/he would have been in but for the breach, and this typically includes attorney fees and costs.
Ok so as a simple person if the travel agent phoned the passenger to confirm the changes of dates normally (as i fly a lot for my job) they should have re issued a new ticket with dates and emailed it to me so i could print and pass onto the passenger as airlines want to see the ticket when you had over your passport and some airports i have been too will not let you into to airport with out a ticket so am i correct after the travel agent had finished talking with the passenger they should have re issued a new ticket and sent it to me ?
That really depends on the terms of the particular contract. For example, some travel agencies have E-ticketing where they email you a ticket; but regardless they will email you the itinerary. If they failed to do so, this would typically result in a breach of contract cause of action, because if they failed to notify the customer of the new flight #, dates, times, etc, a "reasonable consumer" (That's the typical standard) would have no way of knowing what their travel arrangements would be. However, there are many travel agents and airports that allow E ticketing; however, the travel agent would still need to provide you with the necessary information so that you would know your itinerary.
This is my thinking if the travel agent phone the passenger and the passenger agreed that the changes were correct , how does the travel agent know they were talking to the right person ? and if so they should have re issued a new ticket as i had pay with my credit card and this is were the safety net comes in , like if you change your google account a email saying some has tried to change you pass word , my thinking is that the email of the new changes (ticket) would be the passenger and the person paying for the ticket safety net.
That is correct! If the travel agent phoned the passenger and the passenger agreed the changes were correct, they would base their conversation on the number they called, as that is the number they would have on file based on the consumer information. So they SHOULD have reissued a ticket based on that conversation. Their failure to reissue is the basis for the breach of the contract.
Many thanks for your help as i purchased the ticket though the Expedia Malaysia site does it matter if i take legal for Expedia Head Office in USA and please advise which is the next best step for me to take for getting my money back.
You are welcome.Since this involves an American company you can file with the attorney general's office in the state in which they are headquartered. Also, you can contact the Better Business Bureau, as this offers a paper mediation resolution service; it's voluntary but since the BBB rates companies and most companies value their rating, it can be an effective (and cheap!) way to resolve your disputes.
Here is a resource for companies that are located abroad: http://www.econsumer.gov/english/ - you can file a complaint with them directly.
Do you which state they are in operating in as i can not see on the USA site
Let me see if I can find that information for you. Just a moment pleas.
This is the information I can get you however, it is best if you hire a personal investigator when you file suit to verify these addresses. A moment please
This gives you a basis to work with - basically, in contrast to the legal information I provided above, this is easily accessible on line; but what you need to do is hire a PI to help determine who can accept service - or if you have some time to spare (it's not a difficult job; anyone can do it ) you can check with the secretary of state from the different states, starting with the above information, to determine which state has this company as a registered company, in which case you can determine who is the registered process server.
Many thanks for you help this may take me some time as i travel a lot is there a time line before i file a case ?
Each jurisdiction has different timelines; but if an action is brought within the year in the USA then it's within the time frame within all states. If you know which jurisdiction you plan on filing suit I can guide you better.
Your advise on this all i want is ticket & change of fees , i don't think is worth going for anymore damages is it ?
Generally the idea of a lawsuit is to restore the plaintiff to the position s/he would have been in but for the breach of contract; so generally:
difference in ticket price
and if necessary, and awarded by a judge, attorney costs and fees.
But since you had to buy another ticket, you would argue that you are entitled to the price of the new ticket as this would be required for full restoration.
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