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Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6798
Experience:  Licensed attorney helping individuals and businesses.
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Spoke with a travel agency in Boston

Customer Question

I spoke with a travel agency in Boston while we live in Minnesota. After discussing what she wanted with the agent, the agent said she would email her a itinerary and quote the next morning. The email never came through and later I spoke verbally again to the agent. The agent said that it was crucial to deposit $500 for each traveler or we would never get a room at our destination. I was hesitate because I hadn't even seen the itinerary or quote. She then verbally gave me the link to the site to login and I was able to see the quote. I was afraid I would be unable to get to the destination if I didn't follow the advice of the agent. Our son is traveling ahead of me to Japan and that was where I was meeting up with him. Our son is leaving in a couple days and I felt a real urgency to get the travel plans since I was very nervous that we wouldn't meet up. Anyway, the travel agent said that if she didn't put the deposit down hotels could not be reserved. In a panic, I deposited $1000 ($500 per traveler as our son was going to join me when I arrived). The first quote came back too high and I told her that would not work for our budget. The next bid came back $1100 higher. It was then that I knew this agency didn't have our best interest in mind and sent an email telling her that we wouldn't be using their services and thanked them for their time.
My question is, since their own written policies, which state that an itinerary must be delivered to the client and a contract signed before any bookings takes place, were not followed by the travel agency before the deposit was received, can I legally get my deposit returned? I never signed nor clicked "I agree" on any document before giving them the deposit?
Also, the Statue of Frauds, seem to apply since the dollar amount is over $500. Is this true?
Thank you.
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; (B) If you receive a phone call offer while we chat, know that this is an automated test feature the site is running. Due to possible ethical issues, the site allows experts not participate in phone calls and I normally decline them. Unless the phone call offer you receive literally states "THIS OFFER IS FROM ELY" (which means I personally initiated it), please do not entertain any such offer; and (C) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this situation. Can you please clarify:
1) What was the $500 for - what destination/hotel/etc?
2) Was the $500 for YOUR PAYMENT towards the place, or, a fee for the agent, or both?
3) DID the agent book anything for you? If so, was it for that destination that the $500 x 2 went for?
4) There is nothing in writing with the agent about this at all?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 2 years ago.
We spoke with the Manager and he agreed to refund our deposit. So we don't need the question answered. Thank you.
Expert:  Ely replied 2 years ago.
I will let customer service know.

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