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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118649
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My name is Zoraida, I just had a bad experience with a

Customer Question

My name is***** just had a bad experience with a Travel Agent: He book me on a Cruise leaving Chile ending in Brazil. He failed to advised me that we needed a Visa for Brazil, so when we got to Chile from NY they didn't allow us to Board the Vessel, So I had to make arrangement to get back to New York that cost me $4,000,00. So when I got back to NY I call my Agent he promised to refund some money back to me but after a week he remove the offer, because he claimed he did the right thing by E-Mailing the contract to my husband E-mail address which in one of the pages read that you might need a Visa for this trip, the thing is I was the one that hire him I never gave him my husband E-mail address for this reservation, he had it from previous business he had we my husband (nothing to do with travel) My husband never discuss this trip with him. I was the one that hire him for my travel arrangements and he went to my house to pick up Cash for this trip my husband was away on a 6 weeks trip and didn't know anything about my future vacation plans. He booked us with Royal Caribean the trip was about $9,000,00 and when I called Royal Caribean they will not speak to me because he is my Agent. He works for Cruises Inc. as an Independent Contractor and they don't want to speak to me neither. So now I'm out of $12,500.00 and no Vacation. I will like to know if I have grounds to bring him to court
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
Something I forgot Royal Caribean refunded 612.00 for taxes on my trip another 87.00 for ground transportation that we didn't used and $1,759 for Shore Excursions, this money was refunded to his Credit Card and he never returned to me.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If your agent was negligent in booking your trip without informing you clearly of the requirements for travel, then you can seek to hold him liable for that negligence. If you never actually signed the contract and he simply emailed it to your husband's address, that is not proper notice to you as his client. He owed you a duty to explain the conditions of this trip and his failure to do so is negligence on his part.
So, legally, you have a claim for negligence in his breach of his duty to you and you can sue both HIM AND HIS COMPANY, even though he is an independent contractor for them since he is holding himself out as representing the company.