Anaheim, CA asked in Civil Litigation and Contracts for California

Q: Can I sue/file a lawsuit Expedia for not upholding their return policy, whilst insurance was purchased via their website

Was suppose to go to Rome from San Diego on 4/23. Paid $2055 with insurance for 2 people and hotel. I understand in the midst of covid-19 things are hectic... anyways they are only offering me $439 for the flights and roughly $780-$800 for the hotel. Which means I’m only getting back $1236 ish. That is $750-$800 that I’m missing .Insurance was about $220 for 2 people. I read their Insurance page, and because I am a California resident and fit all refund criteria, I am suppose/entitled to a “100% refund. I’ll even take the lose of the insurance I paid, but before insurance, the trip was rough $1800.

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2 Lawyer Answers
Jason Kelly Smith
Jason Kelly Smith
Answered
  • Irvine, CA
  • Licensed in California

A: I’d want more information about the what the contract says, but if you qualify for the 100% refund as you say then that is what you should get. This is the exact type of thing for which people buy travel insurance.

John Francis Nicholson
John Francis Nicholson
Answered
  • Woodland Hills, CA
  • Licensed in California

A: First of all, as you know, life has totally changed as we know it. Hopefully, it will get back better, but I don't know if things will get back to normal. Getting business services to "serve" is very sketchy. If you are in communication with the company that you contracted with that short changed you, just stay on it. You might be able to negotiate a compromise and they might pay you more than they offer now, but short of the total you seek. You should consider that as the quickest way to get satisfaction - a compromise.

The alternative is simply file a small claims action for the balance owed to you. Obviously you need to read all of the fine print in you contract and insurance policy to make sure your claim is good. Another current problem with COVID-19 is that the courts are shutting down, or at least limiting cases from moving forward and putting everything on hold. Telephonic hearings are available, however, I do not know what Small Claims Court policies are at this time.

You may try calling the court, but honestly, even before COVID-19 it was close to impossible to get a live person - usually I wasn't able to leave a message; and if I was able to leave a message sometimes I would get a call back - hit and miss. Online information with the courts, or Google may get you the most accurate available information. The courts have an extensive website.

Sorry I am not more helpful but because of these uncertain times, and the amount is small you need to do this on your own.

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