How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 117370
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
10285032
Type Your Business Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

Hi, I bought Continential airline tickets a year ago to take

This answer was rated:

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
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.



Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Customer: replied 4 years ago.

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

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 4 years ago.

 


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

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. and other Business Law Specialists are ready to help you