Q: I live in NY, can i sue a hotel in Mexico that does business through expedia in small claims court?
My wife fractured her pelvis a week before our reservation and we were hospitalized for a whole week and released the night before our reservation. Even with a doctors note and hospital records, the hotel does not want to refund us our money because the ticket is "nonrefundable." The airlines gave us a refund, but the hotel only wants to refund one night. We refused because the hotel cancellation policies never mentioned cases with medical emergency or frusterated contracts. My wife was incapable of flying and is going through outpatient therapy.
A: Have a lawyer review the agreement and facts, but typically non-refundable means just that (without having to list every reason why you might want a refund). The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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