Is there anything I can do?

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Is there anything I can do?

I booked a hotel through Hotwire.com using their hot deals which is non-refundable or changeable. They set me as the primary guest and the hotel they gave me won’t accept guest under 21 but they dont tell you the hotel until after you book and their policy states you only have to be 18. So now I just lost like $300 and can’t go on my vacation. What do I do?

Asked on June 15, 2019 under Business Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

In theory, you should be able to get a refund of the deposit, since you did not get what you were paying for through no fault of your own (i.e. there is a breach of contract); or alternately, because the contract (the agreement to rent the room) would be void because if you are not 18, you are too young to legally enter into the agreement. 
In practice, if they refuse to voluntarily refund the money to you, you'd have to sue them for it. If the hotel is not in your county, you can't sue in your small claims court--small claims court has limited geographic power. That means you'd have to sue in "regular" court or in small claims court where the hotel is (and therefore travel to that county). There is likley no cost-effective way to sue for $300.


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