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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110539
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Subject one week travel inc hotel at beach . No refund allowed.

Customer Question

Subject "one week travel inc hotel at beach". No refund allowed. Paid for via credit card. $ 398.00 Day after payment money cleared the agency insisted on an "upgrade of $350.00 due to special holiday blocked out period. we refused and finally had to accept a inconvenient period next April or lose our money. Can we insist on a refund or damages.?
Submitted: 7 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 7 years ago.
If this was something where they solicited you by phone, through mail, or at your home, there was a 3 day period to cancel the sale. After the 3 days, you may be stuck. However, this sounds suspiciously like a scam and you need to contact the Better Business Bureau and the Attorney General's consumer fraud/protection unit. Unfortunately, you may not be able to rescind the contract since they have not yet breached the contract, unless you can prove some type of fraud or misrepresentation. If you can prove the misrepresentation regarding the "holiday blocked period" and the bait and switch, then you could seek to rescind on these grounds and if they refuse, then you must take them to court and sue for breach of contract based upon misrepresentation of a material fact.

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