If I cancel a limo service should I still be held liable for the full amount?

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If I cancel a limo service should I still be held liable for the full amount?

My wife wanted a limo for her birthday so she called a service for a quote and booked it for the night with a $55deposit. We decided that we couldn’t afford it so we called to cancel and the guy never called us back. The next day he called us and told us that we were still liable for the the full amount, and he charged our account for $250. Now I did look over the contract and it did say you’re  liable but my wife never agreed to it (no e-signature was asked for) and it says by accepting our services you agree to these terms which of course we never did. Is that a valid contract?

Asked on September 29, 2011 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You may well be liable for this amount. It is not necessary that there be an e-signature; all that is necessary is evidence of acceptance of the terms of the contract. If you received the contract in advance of the day you cancelled and had a chance to review and dispute it upon receipt, then your failure to do so may be taken as evidence of acceptance. Had you questioned the terms immediately upon receipt of the contract, you would have been in a much stronger position to dispute the necessity of paying. This is not to say that you *couldn't* prevail if you sue for the return of the money (e.g. in small claims court); however, based on what you have written, there is a good chance you would lose, which is something to bear in mind in deciding whether to take action or not.


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