Legal Question in Civil Litigation in Missouri

I recently booked two cabins on a cruise through a local travel agent. We picked rooms in the center of the ship with windows over looking the promenade deck on floor 6 and paid in full (3 months in advance) When we returned to the agent today to pickup our tickets (we leave in less than two weeks) the agent gave us the tickets with our original room assignments but also gave us a seperate piece of paper stating our room had been changed to a different category than what we paid for and at the very back of the ship on floor 2. Even though we had guaranteed room assignments and it was paid in full the agency is saying they can't do anything that it must have been the cruise companies fault.

We have contacted the cruise company and it was the travel agencies fault because they typed in a special promotion code for Tx residents (we are from Missouri) and when the cruise company red flagged it and contacted the travel agency (and we assume required the difference to be paid) the travel agent down graded our room assignments.

What can we do about this? We are not getting what we paid for or what is stated on our original documents with the agency. They will not discuss it with us on the phone and simply say to bad, nothing we can do and you're just going to have to accept the lower class room. Two people get sea sick in our party and we don't want to go if our room is located at the back of the ship. This is my 5th cruise and I want what I paid for.

Any advice would be appreciated!

Asked on 1/12/10, 7:47 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

You have a claim for breach of contract. Contact a local lawyer and pay the lawyer to make a couple of calls threatening a lawsuit. Since the TA breached his agreement and did not provide what was ordered, a court would likely order it to repay you the booking fees, etc. You can find a local lawyer either through this service or through the Missouri Bar. I use for booking cruises, and have never had a problem.

good luck.

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Answered on 1/18/10, 7:25 pm

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