BEING SUED IN SMALL CLAIMS

[TVL]

I own a Travel Agency and a client is suing in Washington State small claims for punitive damages because a trip to Los Angeles was not as expected.He is claiming we did not tell him he could not use a debit card for a car rental and the hotel was not up to his expectations. When he made the reservations the agent went over his options for hotels and he chose the lease expensive option. He is suing for $2500.00 which is the legal limit in Washington State even though his actual trip cost much less than that. He also used the airlines tickets and hotel stay for the entire duration not attempting to change hotels, return early or call us to let us know what was going on. He did call the day prior to his return in regards to the car rental problem and we made alternate arrangements for him with a car rental company. At that point there was no mention of his unhappiness with the hotel arrangements. The hotel manager had also made similar arrangements with a car rental company yet he opted not to follow through with either reservation.Unfortunately, we were not informed by the car rental company of their recent policy change in regards to debit cards, nor did we not know the client did not have an alternate credit card to use.He claims he spent over $200.00 in cab fares and in his claim states that all planned activities had to be cancelled. He has no receipts. Can he sue for Punitive in small claims? What is our responsibility is making reservations for a third party i.e.car rental company.

[Edited by TVL on 01-23-2001 at 03:36 PM]

 

[I AM ALWAYS LIABLE]

I OWN A TRAVEL AGENCY AND A CLIENT IS SUING IN SMALL CLAIMS FOR PUNITIVE DAMAGES BECAUSE A TRIP TO LOS ANGELES WAS NOT AS EXPECTED. HE IS CLAIMING WE DID NOT TELL HIM HE COULD NOT USE A DEBIT CARD FOR A CAR RENTAL AND THE HOTEL WAS NOT UP TO HIS EXPECTATIONS. WHEN HE MADE THE RESERVATION THE AGENT WENT OVER HIS OPTIONS FOR HOTELS AND HE DECIDED ON ONE OF THE LEAST EXPENSIVE OPTIONS. HE IS SUING FOR $2500.00 WHICH IS THE LEGAL LIMIT IN WASHINGTON STATE EVEN THOUGH HIS ENTIRE TRIP WAS MUCH LESS THAN THAT. HE ALSO USED THE AIRLINE TICKETS AND HOTEL FOR THE ENTIRE DURATION NOT ATTEMPTING TO CALL US UNTIL THE DAY PRIOR TO HIS RETURN. HE DID CALL US THE DAY BEFORE HE WAS TO RETURN AND WE FOUND HIM A CAR RENTAL COMPANY WHICH WOULD EXCEPT A DEBIT CARD. THE HOTEL MANAGER HAD ALSO MADE SIMILAR ARRANGEMENTS FOR HIM BUT HE OPTED NOT TO FOLLOW THROUGH ON RENTING THE CAR. UNFORTUNATELY, WE DID NOT KNOW THAT THE CAR RENTAL COMPANY HAD JUST MADE A NEW POLICY NOT TO EXCEPT DEBIT CARDS. HE CLAIMS HE SPENT OVER 250.00 IN CAB FARES YET HAS NO RECEIPTS AND IN HIS SUMMONS HE SAYS HE HAD TO CANCEL ALL PLANNED ACTIVITIES.
CAN HE SUE FOR PUNITIVE IN SMALL CLAIMS?

My response:

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IAAL

 

[JETX]

In my opinion, your client has no case. And even if he did have one, it sounds like it would be far less than he is asking. What he is doing is filing a 'nuisance' case, hoping that you will cave-in to his imaginary demands for compensation.

You basically have two choices at this point:
1) Negotiate some settlement with him to prevent further time and hassle of a court process. I believe that this is his motive for filing, since he doesn't have a case, and certainly not for the amount he is requesting.

2) Allow the matter to go to court, make your appearance and let the court laugh him out of the room. Each party is required to mitigate his damages (that means that he has a responsibility to try to prevent additional damage, not promote it!). Get the information from the hotel and their arranging a rental car for him, which he didn't pursue. Also, get the amounts of 'benefits' he did receive (airfare for example). In the event of an award (highly unlikely in my opinion), the airfare value will be deducted from his actual award since it is not contested.

Summary, not only is this persons claimed damages overly inflated, but he has absolutely no case against you. I would let it go to trial.