Opinion
No. 141339.
October 29, 2010.
Court of Appeals No. 280023.
Leave to Appeal Denied.
In the summer of 2001, plaintiff planned a trip to Africa. He prepaid defendant, a tour operator, for trip expenses, including airline tickets. After the 9/11 disaster, plaintiff cancelled the trip and sought a refund of his prepayments. The airlines that-Veceived these prepayments provided full refunds, but defendant sought to retain a portion of plaintiffs prepayments. The district court ruled that defendant must return all of the prepayments and pay attorney fees under the Michigan Consumer Protection Act, and the circuit court and the Court of Appeals affirmed.
Defendant's contract clearly states that "a minimum fee of $75 [is imposed] on all returned/cancelled tickets." Nothing in this contract states that this fee will only be charged where the airlines also charge such a fee. This is defendant's own fee, and plaintiff, by contracting with defendant to pay for tour expenses on his behalf, agreed to the cancelled ticket fee. Therefore, I would reverse the Court of Appeals in relevant part.