Can You Create a Contract Through Electronic Communication

[bryanfox]

I am an American who received an offer to work as a tour guide in Spain from a US-based company. After extensive email and phone corresponence with the director of the company, I booked a flight to Barcelona from Krakow (where I am currently studying) and rearranged my plans to take the job. Now, three weeks before I am to go, the boss has notified me that she will not be needing my services, and I am stuck with an unrefundable ticket and lost income from decisions made which freed up my schedule so that I could go (the position was only a 3-week one, with more work to follow next summer). Besides the fact that it's a pretty unprofessional thing to do, am I entitled to any compensation for expenses I've incurred and lost income? If I tried to make a claim against her, would I have a solid case? I have all of my electronic correspondence in which the job and its specifications were outlined, but no formal contract was offered or signed.

[aaron]

Your remedies may well lie under Spanish law, with which I am not familiar. You may be able to bring an action against the company in the U.S. state where it is based, but even for a small claims action you would have to appear in court on at least one occasion.

[bryanfox]

thanks for the reply. to me, this wouldn't be a case falling under the jurisdiction of Spanish law, because the company is based in the US and serves US clients with American workers. does the fact that the 'workplace' is overseas have an effect on this? i know from speaking with the director that she pays her US workers into US bank accounts.

[aaron]

You were in Spain when they negotiated with you, and presumably they knew that fact. As a consequence, you may have a legal claim under Spanish law - that, though, is something you would need to discuss with a lawyer who practices law in Spain.