Travel Agency refund promise - is it legally binding?

This is a discussion on Travel Agency refund promise - is it legally binding? within the Consumer Complaints forum, part of the BUSINESS & FINANCE LAW category; I purchased a ticket from an online travel agency in March. When I arrived at the airport to take the ...

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Old Jul 17th, 2009, 05:41 AM   #1
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Default Travel Agency refund promise - is it legally binding?

I purchased a ticket from an online travel agency in March. When I arrived at the airport to take the flight a dispute between the primary and secondary carrier meant that the secondary carrier would not accept the ticket. I contacted the travel agency immediately via online chat. I explained the situation, the representative consulted the shift supervisor and then said:

"please buy the tickets from the airport and take a receipt, then you can send it to us and we will send you a check for that amount"

I did this.

Shortly afterward I recieved a call from the travel agent saying that they had spoken to the primary airline and that the airline would make the reimbursement once I had filled in the required forms at the destination. I agreed, with the caveat that if the airline did not follow through I would expect the travel agency to keep their original promise.

Now 4 months later there is no sign of the airline making the reimbursement despite constant efforts by myself and the travel agent to contact them.

Consequently I have asked the travel agency to keep its original promise and refund my ticket - and that if in the unlikely event that the airline does come through I will restore the funds to the travel agent at that time.

The travel agents response was:

"Please be advised that we have not promised that [the travel agent] will refund the extra amount you have paid for the tickets, we have advised you that we will do our best to help you with this refund, which you have to receive from [the airline]."

The travel agency maintains this position even while acknowledging the accuracy of the transcript of the first conversation (which I saved).

I my opinion, no reasonable person can argue that the first statement is not the promise that the travel agent will make the refund. Recall that I purchased the tickets in good faith based on this advice before the agency called me back saying that the airline would make the reimbursement.

The travel agent is not the cause of the tickets not being accepted and as far as I know is not legally responsible for a refund - except for the fact that they promised one. My question is:

Is the promise of a refund that the travel agent made to me legally binding?
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Old Jul 19th, 2009, 11:28 AM   #2
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Default Re: Travel Agency refund promise - is it legally binding?

Yes--Based on what you say here, you could file suit against them (or at least threaten to do so) in small claims court or in regular court; filing in small claims court is easier and requires no attorney...you could try to collect all of the costs and damages that you suffered due to their behavior...
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Old Jul 24th, 2009, 11:24 AM   #3
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Default Re: Travel Agency refund promise - is it legally binding?

Thanks very much, I'll look into that
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