Can a common carrier enforce an expiry date on a multi-trip ticket?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a common carrier enforce an expiry date on a multi-trip ticket?

Can a common carrier enforce an expiry date on a 10-trip ticket, paid in advance when no refunds are allowed and they do not inform you of the (new, shortened) expiry date until after you have purchased the ticket (expiry date is printed on ticket)? No information is displayed by or on the automated ticketing machine regarding the expiry date. However, such information is on their web site, as I discovered – after the fact.

Asked on February 16, 2011 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

This is a factual issue. If there was no warning or description of the expiration date, they could not enforce it at all. If on the other hand it was evident at the point and time of sale, before you printed the ticket (e.g. a notice came up on the ticketing machine prior to the transaction being finalized), there would be no doubt but that they could enforce this limitation. What you describe falls in the middle: the information is apparently available, but not at the point of sale. Depending on surrounding circumstances, you may or may not be able to force a refund, etc. You'd have a good case if you had checked the website shortly before buying, and the new information was not yet up; you'd have less of a good case if you never checked or inquired into this. You also have to decide, if they don't want to refund, etc. you, whether it is worth the time and/or cost of fighting.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption