united-states contract-law civil-law digital-contract
Undisclosed Cancelation Fees
<p>I Paid $600 to a pet transportation company and after some talks in which due to some wrong information we were asked to pay an additional $300 i asked to cancel and was told that they would withhold 50%. A contract was Written but not signed by either party prior to payment is there any way i can get my money back?</p>

<h2>Written Contract</h2>

<p>If there was a written contract, the fact that it wasn't signed is not relevant. While a signature is evidence of agreement with the terms there are other ways that acceptance can be indicated: like you paying them $600.</p>

<h2>Wrong Information</h2>

<p>Where the error is fundamental to the performance - e.g. you needed shipment to Alaska and they were offering shipment to Alabama, the contract would be void <em>ab initio</em>. That is, it never happened and everyone needs to be returned to their original positions as far as possible.</p>

<p>However, in general, an error by one or the other party in their understanding of what was agreed does not invalidate the contract. For example, if you told them it was a "small" dog because it was small for a Great Dane but under an objective classification, it is, in fact, a "large" dog the contract must be completed and either you or they wear the additional cost of doing so.</p>

<p>Whether they are entitled to ask for additional payment "due to some wrong information" depends on who took the risk under the contract for its correctness? Barring a specific term, the risk usually lies with the party that provided the "wrong information" but some contract will assign the risk for one party's errors to the other party - subject to a requirement to act in good faith.</p>

<p>If they are not entitled to additional payment, they have to perform the contract for the original fee. If they are entitled, then you have to pay a reasonable price increase - you are not generally entitled to cancel.</p>

<p>All of this turns on the specific terms of the contract and the exact nature of the "wrong information".</p>

<h2>Consumer Protection Law</h2>

<p>CPL in your state or their state or both will almost certainly have something to say about this beyond common law rules of contract.</p>
