simple justice
Junior Member
What is the name of your state (only U.S. law)? I reside in Arizona, the tour company is in California.
I am one of 27 people who intended to take a pilgrimage to Italy and Croatia from October 4 to 16. 2 days before travelling the tour company informed us that no arrangements had been made for hotels, transport, or tours. Airline tickets had been provided. We informed the tour company that we'd no intention of fending for ourselves and so cancelled the airline tickets as well.
The tour company said that they intended to go out of business. 20 of 27 had insurance that covers a financial default by a tour operator, but the tour company will not provide documentation of their intention to end operations. How can I satisfy the insurance company requirements of proof?
For those without insurance, the local travel agency sent a complaint and all related documentation to the California attorney general and they are bringing a case against the tour operator in November. This case was already pending and it turns out that the tour company had been under a preliminary injunction not to accept additional money until they had processed claims from other parties, meaning that the tour company had violated this injunction in doing business with us.
I am unclear on whether the California AG means to seek restitution for us, given that we are not residents of the state.
I've looked into small claims court (each traveller is out approximately $3k), but this would require that each claimant travel to California for a court appearance.
What would you suggest? A class action law suit for 7 people and for $22k?
I don't know whether waiting for the outcome of the AG's action is simply losing time.
I am one of 27 people who intended to take a pilgrimage to Italy and Croatia from October 4 to 16. 2 days before travelling the tour company informed us that no arrangements had been made for hotels, transport, or tours. Airline tickets had been provided. We informed the tour company that we'd no intention of fending for ourselves and so cancelled the airline tickets as well.
The tour company said that they intended to go out of business. 20 of 27 had insurance that covers a financial default by a tour operator, but the tour company will not provide documentation of their intention to end operations. How can I satisfy the insurance company requirements of proof?
For those without insurance, the local travel agency sent a complaint and all related documentation to the California attorney general and they are bringing a case against the tour operator in November. This case was already pending and it turns out that the tour company had been under a preliminary injunction not to accept additional money until they had processed claims from other parties, meaning that the tour company had violated this injunction in doing business with us.
I am unclear on whether the California AG means to seek restitution for us, given that we are not residents of the state.
I've looked into small claims court (each traveller is out approximately $3k), but this would require that each claimant travel to California for a court appearance.
What would you suggest? A class action law suit for 7 people and for $22k?
I don't know whether waiting for the outcome of the AG's action is simply losing time.