ebay vacation from california

[travelebay]

What is the name of your state? Oregon
I bought a vacation on ebay that included hotel, meals and spa treatments. The day before leaving the agent refunded the paid amount. The difference between the paid amount and the retail amount is thousands. Is the agent libel for the difference in cost? Is the agent libel for any additional cost. When the vacation looked like it may not work out I stated I would follow all my legal avenues to correct the situation. The agent said I threatened her physical safety and was able to refund the money. The agent is from california and I am from Oregon. Any advice on this situation?What is the name of your state?

 

[seniorjudge]

Are you saying you got the same amount back that you paid?

 

[Zigner]

What is the name of your state? Oregon
I bought a vacation on ebay that included hotel, meals and spa treatments. The day before leaving the agent refunded the paid amount. The difference between the paid amount and the retail amount is thousands. Is the agent libel for the difference in cost? Is the agent libel for any additional cost. When the vacation looked like it may not work out I stated I would follow all my legal avenues to correct the situation. The agent said I threatened her physical safety and was able to refund the money. The agent is from california and I am from Oregon. Any advice on this situation?What is the name of your state?

You have no damages - you have no case.

 

[travelebay]

I got back what I paid. It is my understanding that there was a breach of contract. The agent was in a contract to supply the lodging. At the last second the agent ended the contract on terms that were not in the contract. Is this not a breach? If so what is the liability?

 

[Zigner]

I got back what I paid. It is my understanding that there was a breach of contract. The agent was in a contract to supply the lodging. At the last second the agent ended the contract on terms that were not in the contract. Is this not a breach? If so what is the liability?

I don't know all of the facts, but let's assume it was a breach. Your remedy is reimbursement of what you put in to it. You have been reimbursed. You have no damages - you have no case.

 

[travelebay]

That is not my remedy. That is the travel agents attempt at a remedy. You are the first to say that is a just remedy other than the travel agent. I had airline tickets, car rental and no where to stay for the cost that I was reimbursed. The hotel would not accept the amount the agent refunded.

 

[Zigner]

Let me speak slowly

You are entitled to the amount of the money that you spent on the vacation package. You received that back. That is the ONLY REMEDY you are entitled to. You have no damages - You have no case.

 

[seniorjudge]

Let me speak slowly

You are entitled to the amount of the money that you spent on the vacation package. You received that back. That is the ONLY REMEDY you are entitled to. You have no damages - You have no case.

You**************

 

[seniorjudge]

Let me speak slowly

You are entitled to the amount of the money that you spent on the vacation package. You received that back. That is the ONLY REMEDY you are entitled to. You have no damages - You have no case.

....are....

 

[seniorjudge]

Let me speak slowly

You are entitled to the amount of the money that you spent on the vacation package. You received that back. That is the ONLY REMEDY you are entitled to. You have no damages - You have no case.

....correct....

 

[tranquility]

Contract damages is the benefit of the bargain while tort is to be made whole. Strictly speaking, giving the money back is not a true measure of the damages. However, if the OP accepted the paid (refund) amount, one could argue the contract was rescinded. I'd sue the agent in small claims for the benefit of the bargain and let him make that argument.

 

[travelebay]

general damages

How about general damages in tort for breach of contract? It seems amazing that a professional can end a contract at the last second without any penalty. Small Claims court is my next avenue.

 

[travelebay]

I have not accepted, cashed the refund.

 

[Zigner]

Fine - haul your butt on down to California and sue the pants off of them (you won't listen anyway)