Need help suing Expedia

[scherbear]

Hello everyone,
I am new to this forum so I could use some help doing this properly. I am a teacher and made reservations for my sweetheart and I to go to Florida last January 28, 2005 with Spirit Air using Expedia as my service. The booking was completed totally through Expedia. I had a conflict with the date and called Expedia to see if I could cancel or exchange my tickets with Expedia for another date. I discussed this with an Expedia representative several weeks before the flight. Expedia's rep told me I could indeed exchange the tickets with Spirit if I paid a $25 fee per ticket and the credit would be good for one year. The rep described the process which included sending the tcikets back to Expedia using an insured guaranteed next day service. I followed the instructions, kept my mailing receipt from USPS AirExpress and received an e-mail from Expedia which said, "We have received your tickets and you may process the exchange by calling our number in the future. We have your tickets for exchange.

Expedia now tells me (as of May 11, 2005 I have no credit because I was a "No show" on January 28, 2005, that Spirit does not issue credits for "No Shows" and that I cannot prove to Expedia that their rep told me otherwise. I am so furious and do not know what to do. Can anyone help me? My e-mail is scherbear@suscom.net and my telephone number is 845-531-2060. Can I sue in small claims in New York?
Eliot (An angry teacher)

 

[Michael Wechsler]

Hello everyone,
I am new to this forum so I could use some help doing this properly. I am a teacher and made reservations for my sweetheart and I to go to Florida last January 28, 2005 with Spirit Air using Expedia as my service. The booking was completed totally through Expedia. I had a conflict with the date and called Expedia to see if I could cancel or exchange my tickets with Expedia for another date. I discussed this with an Expedia representative several weeks before the flight. Expedia's rep told me I could indeed exchange the tickets with Spirit if I paid a $25 fee per ticket and the credit would be good for one year. The rep described the process which included sending the tcikets back to Expedia using an insured guaranteed next day service. I followed the instructions, kept my mailing receipt from USPS AirExpress and received an e-mail from Expedia which said, "We have received your tickets and you may process the exchange by calling our number in the future. We have your tickets for exchange.

Expedia now tells me (as of May 11, 2005 I have no credit because I was a "No show" on January 28, 2005, that Spirit does not issue credits for "No Shows" and that I cannot prove to Expedia that their rep told me otherwise. I am so furious and do not know what to do. Can anyone help me? My e-mail is scherbear@suscom.net and my telephone number is 845-531-2060. Can I sue in small claims in New York?
Eliot (An angry teacher)

First, Expedia has their own terms of service and, if I remember reading a post made elsewhere, they have terms of purchase and you agree to sue them only in their home state in Microsoft country. Here is an excerpt from their terms of service:

"This agreement is governed by the laws of the State of Washington, USA. You hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, USA, in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph."

Now I don't know why you were a no-show. Did you cancel within the proper amount of time? Did they tell you that your flight was officially canceled? Did they tell you what they said you should have done differently? If you have both your mail receipt and email confirmation, then this is Expedias problem and you may want to send them a written letter, certified return receipt, describing the problem and enclosing copies of the proof. You will likely get a more satisfactory response if things aren't going your way at the moment.

I hope it all works out for you and let us know if it does/did.

 

[Duranie]

When you booked your trip with expedia you agreed to the terms. any cancellation/changes should have been told to you.

I would try to hit this up with a supervisor at Expedia and see if they can work with you but the proof is in your hands. You have to prove you were told what you were by Expedia.