I booked a flight with a travel agent. The ticket did not arrive in time for my trip, so I assumed that I had an electronic ticket. I was given a boarding card at the check-in and it was only at the gate that I was diverted from the plane. I had to book another very expensive flight with another company and am now looking for compensation from the initial carrier for this new and more expensive ticket (around 400 GBP). I realise I probably should take it to small claims court. How should I go about it? Is it necessary to hire a lawyer? Should I go to any of those "no claim no fee" law firms? Ombudsman? Consumer Direct was not very helpful on that matter.
2006-09-17 14:03:40 · 6 answers · asked by Abelard 3 in Politics & Government ➔ Law Enforcement & Police
Well Abelard, this might get messy. There are a number of legal loopholes that can throw themselves up.
Firstly you need to be sure who your contract is actually with.
Next you will need to check the contract to ensure you have a case in that the company failed to perform their side of the contract. This is the specific performance of the contract (Send you your tickets on time) and that they were possibly negligent in not doing so.
These are the very basics for you to consider.
Contact the Association of British Travel Agents (ABTA) who may be able to clarify who is at fault for you. You will then be able to make an informed decision as to the next step.
You should then see a solicitor depending on what ABTA say and or do for you, it seems on the face of it that you have a good case.
Remember that you are entitled to a free half hour so write everything down to save time and take receipts with you and any correspondence.
Good luck
I will not venture any further with this issue because I will be tied up in my law books for hours.
Very best of luck.
2006-09-17 23:59:25 · answer #1 · answered by LYN W 5 · 0⤊ 0⤋
I am no expert but it seems to me from what you have said that the TRAVEL AGENT is at fault here. Have you tried talking to them? I think this is who your contract was with and they should make it right.
The idea with small claims is that it avoids the necessity for expensive legal representation.
I suppose it could also be argued that you should have ensured with the travel agent, when to expect your ticket and what type of ticket you should expect. When it did not arrive in good time, you should have contacted them - they would probably have had the facility to ensure that a ticket was left at the airport for you.
You could also try Citizens Advice - and organisations that cover travel agents? But firstly, I would go to the travel agent and see if they can rectify the situation with the minimum of fuss.
Good Luck.
2006-09-17 22:28:55 · answer #2 · answered by Sally J 4 · 1⤊ 0⤋
purely by way of fact the coverage Co. mentioned that is 50/50 does no longer propose the different person has to agree. It grew to become into additionally on inner maximum sources no longer a public roadway. she will sue if she likes. you're coverage Co. won't enable you to nor stand on your protection. you're on your guy or woman. once you're youthful that isn't help additionally. Courts side with the middle age, financially stable, center type electorate. My superb advice is to have all your geese in a row while it's time to pass formerly a choose. Have photographs, diverse photographs, an entire twist of destiny record, shop any and all workplace work in a folder - get copies of each and every thing. Get your coverage to write down a letter of their findings. shop a mag of each and every thing, who you called and while, people you talked with, circumstances, dates, witnesses, each and every thing and something. Spelling, penmanship, and grammar count selection! In court docket all of it boils all the way down to credibility and regularly the guy who did their homework with the main documentation wins. walk in with no longer something and you will lose.
2016-10-01 02:14:40 · answer #3 · answered by ? 4 · 0⤊ 0⤋
Yes, you could take the matter to small claims but even if you do win, I doubt they will pay. The matter will probably have to go to a civil court.
2006-09-17 14:11:07 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Take them to small claims court, I believe there is a $4000 cap.
You don't need a lawyer, you can do it yourself and keep all the money
2006-09-23 22:53:12 · answer #5 · answered by nbr660 6 · 0⤊ 0⤋
yes you can
2006-09-23 19:58:45 · answer #6 · answered by Anonymous · 0⤊ 0⤋