Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Hello. My name is***** and I am going to address your question.
The quick answer is that, unfortunately, there is not very much you can do in this situation (legally) and, it would ultimately end up costing you much more than what you are losing for the week if you were to pursue it (between attorney's fees and costs).
Whenever you agree to Terms and Conditions for anything, you are basically entering into a contract with the other party. Most people don't read Terms and Conditions, so many times companies get away with sneaking things in them in plain sight (which is not illegal, as long as it wasn't hidden and you would have seen it if you would have read it). The reservation of rights in this instance is very clear and gives the company the right to remove your from the tour as they deem necessary. This was clearly arbitrarily used against you on your tour. However, they are granted this power in the Terms and Conditions you agreed to.
You're best bet in this situation would be to avoid litigation as it would be costly. If I was in your shoes, I would try to make as big of a fuss with the company itself and not give up until I got some sort of resolution out of it (whether it be a credit, partial or full refund, etc.). You can always go to the Better Business Bureau and write negative reviews online (which many companies dislike). Try to negotiate with them directly to see what you can get out of them. Don't just lie down and take it because that is what they are expecting.
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I understand all of what you are saying. However, it will be difficult to prove that this language (which is pretty standard in most tour Terms and Policies language) falls under unfair and deceptive trade practices.
You can maybe argue that the application was unfair. However, the amount of money you would have to spend just to get to that point would not be worthwhile for you. Even then, they can come up with bogus reasons why they removed you from the trip and then it becomes your word against theirs (the other couples and the tour operators). It will be an uphill battle with significant expense involved.
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It was a pleasure assisting you.
You're very welcome! Best of luck to you.
And thank you very much!
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