QUESTION

Will I succeed getting my deposit $ back

Asked on Jun 19th, 2016 on General Practice - California
More details to this question:
Me and my friends (4 people) have agreed to signed up on a vacation getaway to Mexico. We all gave my friend, mark, $250 to book the rooms and tours (total of $1,000 for the 4 of us). Mark stated that the 2 tours (from different vendors) were nonrefundable (April). A week before the getaway my friends (but not me) decided to cancel, the tour guides told us they were going to keep 50% as a cancelation fees (nonrefund deposit). So each of us will get $125 out of $250 back. I never agreed to cancel. My friends made the decision without me... Mark did offer to reinstate the tour for a party of 1 for myself and have me personally try to get my money back since mark and the others are ok with losing their deposit $.. He also offer for me to buy out the other spots to take my family. But honestly I don't want to go anymore. I just want my full money back, so if I sue mark what are the chances of me getting my $125 back to make a full $250
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1 ANSWER

Appellate Practice Attorney serving New York, NY
It's an interesting question, but I don't think you would win because, even though you weren't the first to back out, you were provided the opportunity to take the vacation by yourself and declined.  In other words, you decided not to take the vacation, and thereby lost your nonrefundable deposit.  Had you had an agreement beforehand with your friends that your vacation was contingent on all the others going as well, I might feel differently.
Answered on Jun 20th, 2016 at 2:07 PM

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