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  1. #1
    Join Date
    May 2011
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    5

    Default Reimbursement of Travel Expenses

    My question involves collection proceedings in the State of: CA
    I couldn't find a more appropriate forum for this question, but hopefully someone can advise-
    My travel partner backed out just before we were set to travel on a month long overseas vacation, after substantial nonrefundable and nonexchangeable expenses have been incurred. I now believe he/she has fraudulently avoided paying those in his/her name. This person takes written responsibility for breaking the agreement to go, and has also agreed in writing prior to bear his/her portion of expenses associated with the trip. I believe he/she has unilaterally broken our agreement and is responsible for the damages of doing so, including reimbursement to me for non refundable expenses.
    What are my rights to reimbursement due to canceling the agreement, and would I likely prevail if I were to resort to suing this party?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Reimbursement of Travel Expenses

    you don't know if it is a he or a she and you were going to travel overseas with this person?

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Reimbursement of Travel Expenses

    Quote Quoting travelbug
    View Post
    My question involves collection proceedings in the State of: CA
    I couldn't find a more appropriate forum for this question, but hopefully someone can advise-
    My travel partner backed out just before we were set to travel on a month long overseas vacation, after substantial nonrefundable and nonexchangeable expenses have been incurred. I now believe he/she has fraudulently avoided paying those in his/her name. This person takes written responsibility for breaking the agreement to go, and has also agreed in writing prior to bear his/her portion of expenses associated with the trip. I believe he/she has unilaterally broken our agreement and is responsible for the damages of doing so, including reimbursement to me for non refundable expenses.
    What are my rights to reimbursement due to canceling the agreement, and would I likely prevail if I were to resort to suing this party?


    So you paid for everything upfront and the other party changed their mind? What was in THEIR name exactly?

    What EXACTLY do you have in writing?

  4. #4
    Join Date
    May 2011
    Posts
    5

    Default Re: Reimbursement of Travel Expenses

    I actually know this person fairly well. We met through friends I've had a few decades and we have been friends for several years. We live in different cities and have hundreds of emails to discuss the details of our planning. I was simply trying to be descrete. The tickets we bought are dual saver passes; they can only be used together and I would not be able to use them without her. She was offered travel insurance several times but declined. She said she was worried about unauthorized credit card use and wanted me to make bookings with her card under a false name. I don't know whether she would be inclined to duck her billings, just that after we did not come to terms with this, she claimed her medical problems increased and could not go. Does this help?

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Reimbursement of Travel Expenses

    and wanted me to make bookings with her card under a false name.
    did you?

    are you seeking expenses that were for her accommodations or yours?



    Did you purchase travel insurance that would cover your losses should you have to cancel the trip?

  6. #6
    Join Date
    May 2011
    Posts
    5

    Default Re: Reimbursement of Travel Expenses

    Thank you for responding. We paid for the plane tickets individually, train tickets were shared, and room deposits were made mostly by me, upfront, in approximately equal amounts overall, each of us thousands of dollars. Her payments were all by credit card to a PO box, and mine were by cc and by Paypal. She agreed in writing to share all the risks. We had a falling out when she wanted me to continue bookings with her card in a false name. After that, she claimed a medical condition she has had since a teen had suddenly worsened and she could not go on the trip. She states this has nothing to do with me personally, but is all because of her medical problem. Up to then we have had hundreds of emails in writing, including all confirmations of agreement in travel plans before and after actual bookings. I brought up travel insurance several times as options when booking, but she declined. I took a calculated risk on whether I would need it for myself but decided I did not need it. However, I do not think this would be a reimbursable event by insurance, as her medical claims seem weak at best; she states they are chronic and she refuses treatment for them. Thank you for your advice!~

    Hello, thank you for responding. No, I did not make bookings in with her card under a false name.
    Yes, we have had several hundred dollars in accommodation deposits which I paid on our behalf and I am seeking reimbursement for. If that were something that were a reasonable entitlement, would it be for all of the expenses I paid on behalf of us (not just half for whatever reason)?
    We did not purchase travel insurance. Because I have a chronic condition, I noticed it does not cover chronic conditions. She has stated in an email that she has had this medical problem for 40 years and refuses mainstream medical care for it.

    Hello, Appologize for any redundancy- hard to tell what's posting...
    I did not make bookings with her card under a false name. When I explained I didn't think it was a good idea, she suddenly backed out of the whole trip, siting medical issues. We were to travel together- share all rooms as we vacationed. It was to be a 3 week vacation and would be cost prohibitive for me to go without a travel partner. She backed out two weeks prior to departure, and, despite efforts, neither of us could find another person willing to take her place.
    We have hundreds of emails in writing, agreements to go overall and for each payment made, agreements to be responsible for the financial risk of going.
    Over the past few months, as recently as just a few weeks ago, she has done fairly extensive traveling. Honestly, I have come to suspect that she doesn't want to travel if she cannot duck the expenses. I guess I didn't know her as well as I had thought! I was able to get her home address. Can I pursue a claim?

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Reimbursement of Travel Expenses

    you shouldn't have any problems getting money paid on her behalf, presuming you have proper documentation. As to unrecoverable expenses you incurred; kind of a crap shoot. If insurance would have covered this situation, , a court could determine you failed to take actions available to you to minimize your damages should you not be able to travel. If they would rule as such, they could limit your award to expenses that wouldn't have been covered even with insurance. I wouldn't hesitate to attempt to recoup them through the courts. The worst a court is going to say is no.

  8. #8
    Join Date
    May 2011
    Posts
    5

    Default Re: Reimbursement of Travel Expenses

    Thank you all for your responses. This helps me greatly. I had felt that we are responsible to each other in the event one of us were to break the agreements we were making along the way. But would hate to pursue this if the courts were inclined to see it as 'buyer beware', which I suddenly was concerned about. We have made almost equal payments to date (assuming she has actually paid her credit card bills). So I am Only looking to pursue this if it is likely that the court would determine that she is responsible for All the payments either of us have made on our behalf, both her payments to date and mine. If someone thinks I am expecting too much of the court system, please chime in! I am rather confident that she will not be able to substantiate any bearing medical claim: If she were to have bought insurance, And she had a valid claim, it would have covered My expenses as well. So I believe the courts would determine that the risk was hers to insure/undertake. Honestly, I don't think this preexisting medical problem was insurable, Nor does she have a doctor who supports her as unable to travel. OK, so I am off to file a claim. Anyone who believes I do Not have a right to reimbursement by her, please speak up! Would appreciate knowing what obstacles I haven't thought of. Thanks for the information and well wishes!~

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