MHO follows...
Sue the AGENT (click n dive) - the OP will win. There is precedent, small claims court is the way to go. If the OP sends a registered letter to the Agent stating the intentions of small claims court, for amount of trip + damages, there is a good chance the Agent
will settle before going to court. That's because the agent KNOWS he'll lose.
My last 8 trips, I book everything myself directly.
My only beef with Expedia - don't book Air + Hotel, just book air, and separately book everything else direct by phone or their dedicated website.
Once to Vegas I did Hotel + Air, got to Vegas 24hr late due to air-related problems, and could not get back the extra money paid to the hotel for non-use of 1 night.
However, the hotel manager said that IF I had booked directly with Belagio, and been 24 hrs late, I would have gotten back 100% the night not-used.
The price difference with direct hotel or Expedia is usually less than 5% (cheaper double-book Expedia).
Same applies here for booking through an agent - you are paying the agent for everything.
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The OP should get his money BACK from the AGENT, not Morgan.
The Agent has insurance - the only "reason" to deal with an agent - because w/o the agent you'd probably pay 20% less for the same trip, from my experiences with agents in the past.
So don't feel bad for the agent, even though it's not their fault. If Click n Dive offered to TundraApple travel insurance, and TundraApple signed a waiver that he didn't want it, then who's the responsible party?
Don't bother going down this road - go down the road of "consumer" buying a "commodity". That how the judge in small claims court will see it.
Perhaps the judge will say that the OP still had part of his vacation OK, so won't get back money for the airline fees, so partial reimbursement.
For sure the Agent will either file a claim with their insurance, or take Morgan to court, but that's their business, none of our business.
You deal with your direct relation, not the relationships of others, and look at the facts. The OP has the law on his side.
- small claims - but "tell" the agent verbally + signed registered letter.
- give the agent a chance to make OP happy, knowing that otherwise is BAD publicity
- credit card, reverse the charges, last resort. Rather difficult to do since the "contract" was partially fulfilled, and the OP cannot prove fraud - only "lack" of service.
- reversing the cc charges can result in the agent company bringing the OP into small claims court, so back to square 1.