Is a guarantee written in an e-mail valid?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is a guarantee written in an e-mail valid?
I bought a round-trip ticket from a travel company in ’09. I chose to change the return date of the ticket. The standard change fee of the travel company is $100. I’ve been communicating with the company about changing the ticket for months. In April I received an email from the company guaranteeing me the change rate of $100 if the return ticket is between Aug 16-23. I called the travel company recently to find out there is a flight available in that week, but the price for me to change would be $209. The company’s guarantee is no longer valid due to changes in the airline industry.
Asked on August 3, 2010 under General Practice, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
As a general matter, an agreement made or memorandized via email is enforceable. There are some caveats:
1) If there was a prior agreement (e.g. the ticket agreement) which stated somewhere in its terms limitations on how it could be changed--for example, stating that changes or amendments had to be signed by a certain person, in a certain form, sent via mail, etc. If there were applicable limitations to making changes to the original agreement, those limtiations should be enforceable and could preclude making changes in other ways.
2) If either the original agreement or the email stated that certain fees or costs are either subject to change if there are certain regulatory changes or changes in the industry's costs, and those changes happen, they could then change the fee; or if the original agreement or email stated that any prices guaranteed in it were only guaranteed for a certain period of time, once that time is up, they could make changes.
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.