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Hot Air Balloon Ride

Discussion in 'Consumer Fraud & Scams' started by Bridgewater, Apr 26, 2019.

  1. Bridgewater

    Bridgewater Law Topic Starter New Member

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    I called and booked a hot air balloon ride for my girlfriend and I. My confirmation said to be there at 6 am, if you’re late we leave without you and you still get charged. You also have to call at 5 am (one hour before) to confirm whether and that the flight is still on.

    I call at 5 am, it said the flight is on, meet at the spot at 6 am.

    We have to drive 30 minutes to another city and get there at 5:45 am, no one shows up, we call number standing on the meeting spot at 6 am, the message says to be at the spot at 6 am. Geez, we wait until 6:15 and go home.

    Later I call and they say they changed the pickup time to 5:30 am the night before and forgot to update the message. They also said they tried to call me but when I gave my number to the person taking my reservation, they wrote it down wrong.

    We went to bed super early Saturday night, woke up at 4 am on Sunday all for nothing. Drove an hour and stood there doing nothing for 30 minutes. Also ruined the rest of the morning we had planned.

    I asked if they would compensate me for their error, they said no. I asked if they would pay me back for the gas I wasted because of their error, they said no. They said you could rebook or get a refund and they won’t do anything else for us. They were super rude, acting as if they were doing me a favor because normally there are no refunds. Ha!

    I know I can sue them for my gas, I have a receipt, but can I also sue them for the time and hardship the put us through? I also took video to prove I was at the spot at the exact time.
     
  2. Zigner

    Zigner Well-Known Member

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    Rebook - you'll love it.
     
  3. army judge

    army judge Super Moderator

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    Anyone can sue anyone they choose, that doesn't mean anyone will collect one, thin dime.

    You can initiate such a case, I doubt whether you will be successful.


    If you wish to sue the balloon operator, take a look at the information on this website:

    Small Claims - small_claims_selfhelp

    Follow the instructions exactly as revealed by the courts in your state, starting with the necessary "demand letter".

    Know this, that all you'll receive IF you prevail is a judgment.

    You must then perfect (register) the judgment, and then use your wiles in an attempt to collect the award.

    Fewer that 3-5% of small claim litigants ever collect their judgment.

    You might also try to get on one of the TV court shows (Judge Judy, Crazy Mary, People's Court, Judge Mathis, etc...)

    If your case is selected you get round trip airfare, airport transportation (on both ends), clothing allowance (about $100 each), you can bring a guest, you get paid hotel, paid meals, appearance fee, pocket money, and you split the pool money for your case.

    In pother words, win or lose, you'll get paid and get a free mini-vacation.

    Plus, you'll be famous for 5 or 10 minutes.
     
  4. cbg

    cbg Super Moderator

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    Does the contract you had with them allow for refunds? Or only for rebookings?

    Does the contract you had with them say they are responsible for the cost of your gas?
     
  5. Tax Counsel

    Tax Counsel Well-Known Member

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    If you can get a refund you may want to take that while the offer is on the table and be done with it. At best beyond the refund you'd get the actual gas you used (not the total you put in the tank) and the few extra bucks that will get you won't compensate for the time you spend on the lawsuit. You don't get anything for the "time and hardship" you experienced.
     
  6. Bridgewater

    Bridgewater Law Topic Starter New Member

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    My question is, can I sue for wasting my time do to poor business operations or negligence?
     
  7. army judge

    army judge Super Moderator

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    Once more once, anyone (including YOU) can sue anyone they wish to sue seeking any remedy desired.

    However, the ability to sue shouldn't be your concern.

    What you need to ask yourself is IF you sued, could you prevail?

    The answer in this case, knowing ONLY what you've revealed here is you'd probably not recover one US dollar If you sued for the reasons you outlined hereinabove.

    Your best bet is to appeal to the balloon operator's sense of fair play and customer relations to allow you to take an outing on a future date.

    If the operator says no, chalk this up to another life's lesson.

    I only pay in advance for a few things such as: airline tickets, Amtrak tickets, cruise junkets that my wife loves; all other things I pay for after I've received the service.
     
  8. cbg

    cbg Super Moderator

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    You can, because no law says you can't. But you'll lose.
     
  9. Zigner

    Zigner Well-Known Member

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    The operator has already offered either a refund or a rebooking for a flight at a later date. The OP thinks s/he's entitled to even more than that.
     
  10. army judge

    army judge Super Moderator

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    Such thinking seems to be de rigueur these days.
     
    Zigner likes this.

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