Travel Agency Canceled - Philippines

Legal Recourse Against a Local Travel Agency for Canceled Flight and Unfulfilled Refund in the Philippines

Question:

A local travel agency canceled a flight and agreed to issue a refund. Two months have passed without any communication from the agency. After posting about the issue online, the client received a Cease and Desist order from the agency. What are the client's options?

Answer:

Breach of Contract:

If the travel agency has failed to refund you as per the agreement, you may file a case for breach of contract against them.

Department of Trade and Industry (DTI):

You can also file a formal complaint with the DTI, which regulates consumer-related activities, including those of travel agencies.

Cease and Desist Order:

If you believe that your online posts are truthful and you have evidence to back up your claims, you can contest the Cease and Desist order. Consult a lawyer to determine the best way to respond.

Cyberlibel:

Be cautious when posting online, as you could be subject to a cyberlibel case under the Cybercrime Prevention Act of 2012 (Republic Act No. 10175) if your posts are found to be maliciously defamatory.

Other Legal Options:

Alternative dispute resolution mechanisms like mediation may also be explored. This could be quicker and less costly than going to court.

Legal Counsel:

Before taking any steps, consult a lawyer to evaluate the merits of your case and to guide you on how to proceed.

Summary:

You have several options, from filing a breach of contract case to lodging a complaint with the DTI. While you can contest the Cease and Desist order, be wary of potential cyberlibel charges. It is advisable to consult a legal advisor to evaluate your specific circumstances.

Note: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice tailored to your individual situation.