services not rendered

[gonderman]

I bid on an ebay auction for 3 river fishing trips for 4 people. Did not have any problems with the first two trips but have been trying to book the last trip for over a year. Now the last three we have booked they have cancelled. Then this last one she says they cannot rebook us till December or give us back payment for one trip.

I do not want to accept payment, i want the fishing trip. May I demand in writing that they serve us before September and if not we will go on another charter and take them to small claims to pay the cost of the other charter.

 

[army judge]

I bid on an ebay auction for 3 river fishing trips for 4 people. Did not have any problems with the first two trips but have been trying to book the last trip for over a year. Now the last three we have booked they have cancelled. Then this last one she says they cannot rebook us till December or give us back payment for one trip.

I do not want to accept payment, i want the fishing trip. May I demand in writing that they serve us before September and if not we will go on another charter and take them to small claims to pay the cost of the other charter.

You can sue them for the value of the trip if they can't fulfill according to the terms of the agreement.

The problem for you will be service, notice, and jurisdiction.

You indicate you live in Washington.

If they are in Washington, too, go ahead and sue them.

OTHERWISE, THE REST OF THIS NOTE IS YOUR ANSWER!

Without boring everyone with the theory of jurisdiction, suffice it to say, that you are in different states.

Thus, you'd have to sue them in their state.

Your state has no jurisdiction over the scammers.

Because, they can't force the resident of another state into your state to defend your lawsuit.

You'd have to try and ambush them in your state (if they ever came into your state) to serve them.

That ain't gonna happen in this kind of case.

The costs of travel for you make the pursuit of such a lawsuit in their state, is financially unsound for you.

This is why I advise everyone to buy nothing from eBay.

You can do as the scammer instructs, and hope she doesn't change her mind again, or pay for another trip.

Or, get your money back, because that's the best of the options offered to you.

 

[gonderman]

yes they are in washington as well and I do have their address to serve them.

they actually are a guide service they just did not do well placing them as auctions and instead want to get full paying customers and not take us and just refund what we paid for the auction divide by 3 since we did go on three trips.

However, I think I am entitled to do the last trip.

when you say sue them for the price of the trip, you mean just for what I paid, or what it would actually cost me to go on the trip so I can do it somewhere else and actually get the trip?

 

[mightymoose]

It won't do you any good to sue them... they are already offering you a refund for the trip.
Unless you have something that guarantees that the trip will take place by a certain date, you pretty much have to wait.
I will assume that the trips are being canceled because they do not have enough people registered? That is the usual case. Once they get enough people booked on a trip then it will take place... but they lose money if they don't have enough people on each trip.
Wait it out or accept the refund, that is your option. You can't force them to take you on on a date you specify unless it was promised... and even then your remedy would be a refund, which they are already offering.

 

[mightymoose]

when you say sue them for the price of the trip, you mean just for what I paid, or what it would actually cost me to go on the trip so I can do it somewhere else and actually get the trip?

You would not be able to get more than what you paid. You only get actual damages.

 

[army judge]

Even if you win a small claims judgment, you then have to collect the judgment. You don't walk out of court with a check. You get a piece of paper that says Joe owes Moe.

You won't get more than you paid, as Moose told you.

If it were my money, I'd take whatever they are offering just to salvage something. You won't make more off of this.