Consumer Fraud Safari cancelled because outfitter did not make required legal arrange

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Guest

Guest
I booked a safari for 2 people for 2 game animals, cape buffalo and lion. The lion is the primary game. The outfitter and the booking agent each know that the hunt has to be for both, or no deal. The booking agent in GA and the outfitter/guide in Namibia each assured me "no problem" when we booked the hunt 2 years ago. They assured me of the same as recently as Feb 2015. However, the outfitter did not get the tag/permit required for the lion. I found out today and we are schedule to leave tomorrow. I have paid $32,000. At this point I want to cancel the trip even though I could still hunt the buffalo because my son can't hunt the lion. I want a full refund. Am I within my rights in the state of GA?
 
For a minute there I thought you booked a safari for a buffalo and a lion, which would probably require expensive airplane tickets to go on a safari! When it comes to contract law, the most important place to look is at the actual words in the contract. The written words will govern, not your oral representation. In general, the question in a breach of contract is whether the breach is material. In this instance, one could very well argue that the breach was material. It's literally 50% of the hunt. On the surface, without knowing anything more, there is a reasonable good chance that you could claim breach of contract and recover (at least in theory) the full amount paid on the contract.

Remember we haven't seen the contract. In addition, there is also the reality. Is it practical to make efforts to recover the money paid from both the booking agent and the outfitter? Are they joint and severally liable, meaning could you sue the booking agent for the entire amount you're claiming in the breach of contract lawsuit? If not, will you need to sue the outfitter / guide? With whom did you contract? What court will you need to sue? You may be better served by negotiating a compromise in your favor - I don't know, just giving you options to think about.
 
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