[Cicero]

As I told you it was not the end of the matter that your card was at fault.

Silent Bob Jerkero agrees that the airline had a duty to notify you and give you a chance to make the payment. Especially when they would know that to cancel your reservation suddenly without notice would cause the kind of damage you suffered.

In addition it is in your favor that you contacted their Canadian and New York offices and was told that all is well.

But the real cause of the damage, was the one hour delay they took in initially refusing to reinstate your reservation at the old price. It was eventually done showing that it could have been done all along.

Silent Bob Jerkero suggests that a claim in Small Claims Court is open to you.

You booked using your credit card in Canada so you can file in Canada. Silent Bob Jerkero says that the law was unsettled as to which country has jurisdiction for internet purchase of a ticket. This was decided in 2005 by a California Court of Appeals in Polanski v KLM. KLM sought to argue that the country of jurisdiction was the Netherlands where it had its office and where its internet computers were set up.

However the Court found that the Plaintiff had used his credit card from his home at his computer in California and so California had the jurisdiction.

Silent Bob Jerkero says this will be advantageous to you. Avianca has its head office in Bogota and only a token presence in Canada. They will hardly send Attorneys and witnesses to Canada to argue this case and you will be on your own setting out your case before the Judge. You don't need a lawyer.

If you feel we've helped you please let the Administrator know that Silent Bob Jerkero was of assistance.