Claim against Expedia

[ivasergey]

What is the name of your state (only U.S. law)? Texas

Hi, back to March 2015 i purchased vacation package on Expedia (airfare+hotel accommodation). When we arrived to the selected hotel in Maya Beach, Mexico we we're said that our hotel was changes and we need to go to the adjacent hotel and will be staying there. We went to that hotel and were said that this new hotel is exactly the same and there's no option to get the hotel we actually booked. I was with 2y child after the flight and two hour driving to the hotel so i decided to believe them and do not argue. That was my mistake - we had several issues in that hotel during our stay and our vacation was spoiled.
When we returned home i called Expedia, complained about the issues i had in that hotel and asked them why my hotel was changed without my permission. They promised to investigate, contacted hotel directly but eventually told me that they can't refund me any portion on the amount i had paid. No explanations.
I sent them official letter asking to prove that new hotel wasn't cheaper than the hotel i actually paid for on that dates and i was called by Expedia representative in 3days. He said that i was actually right and the hotel i booked was more expensive than the one i stayed in (on selected dates) so i will get the refund for the price difference (less than 100$). He was sorry and said the hotel i booked was actually overbooked so it was changed Since then i haven't heard from them and haven't received any refund.

I'm planning to file a claim to Small Claims Court in Texas (Expedia's headquarter is in Washington state but they have office in Dallas Texas so as far as i understood i can refer to "minimum contacts" rule).

Do you think it make sense to file a claim against them? I didn't call them on the first day when i arrived to the hotel and was said that my hotel was changed. But on the other hand they didn't prove that my new hotel was equivalent price and i didn't get the service(hotel) i paid for. I'm thinking to claim total amount i paid for vacation package including airfare as my vacation was spoiled and if i new that i wouldn't fly there

Thanks in advance for your feedback

 

[OHRoadwarrior]

They did not violate the contract. The hotel in Mexico did. Sue them.

 

[Zigner]

It doesn't make sense to me to sue Expedia in WA for <$100, particularly when you already agreed that it's not their problem:

The carriers, hotels and other suppliers providing travel or other services on this Website are independent contractors and not agents or employees of the Expedia Companies or the Expedia Affiliates. The Expedia Companies and the Expedia Affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. The Expedia Companies and the Expedia Affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.

[SUB]https://www.expedia.com/p/info-other/legal.htm[/SUB]

 

[eerelations]

I suspect OP wants to sue for a lot more than $100 - there were a lot of "issues" and his "vacation was spoiled" - this tells me OP wants the $100 + a lot more. However I do agree that while Expedia should be giving the OP the $100 it promised to give him, I think OP will probably have to sue the hotel for the rest.

 

[Zigner]

I suspect OP wants to sue for a lot more than $100 - there were a lot of "issues" and his "vacation was spoiled" - this tells me OP wants the $100 + a lot more. However I do agree that while Expedia should be giving the OP the $100 it promised to give him, I think OP will probably have to sue the hotel for the rest.

Fair enough - but Expedia's got that covered too (on the same page as above):

If, despite the limitation above, the Expedia Companies, the Expedia Affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of the Expedia Companies, the Expedia Affiliates and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Expedia, Inc. in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.