Is it legal for an organization to withhold refund on a security deposit for a travel excursion if the member cannot complete payment in full?

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Is it legal for an organization to withhold refund on a security deposit for a travel excursion if the member cannot complete payment in full?

Further, would it have to be proven (by the organization) or disproven (by the plaintiff) that said deposit was necessary to acquire cheaper group rates for the planned travel.

Asked on March 26, 2011 under General Practice, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In plain English, you went to book a vacation and have now decided not to go and the group you were going with is not giving you your deposit back, correct?  What were the terms of the trip?  In other words, was the deposit non-refundable when you gave it to them? Did you enter in to any written agreement?  What does it say?  What they have to prove depends on the terms of the agreement. I am sure that they needed some amount as a minimum to book the trip and get the rate that was advertised.  One would need to look at the terms here and see where you stand.  But is it possible to have someone take your place on the trip?  This way everyone wins.  Good luck.


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