Note: This didn't happen to me, (it happened to my cousin recently) so I don't have certain details, like the name of the company.
My cousin and five of his friends got together and rented a limo for prom. They were quite excited about it and had made plans to take the limo to Forest Park for their pre-prom photos and then go to the prom. They
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Also, honestly... It really bites that the limo didn't show, but if they were running that late, why didn't your cousin just call a cab? There is no denying the bad service from the limo company, but your cousin could've prevented the extra hardship.
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There is no reason why a person who has contracted a limousine for the night should have to call, wait for, and then pay for a cab in addition to the thousands of dollars spent on a limousine and chauffeur for the night because it never arrived.
My cousin and his friends could also have opted to ride the school provided school bus to his senior prom for a nominal cost. But they wanted to make it a special night and thus contracted with a limo company for a limo for the night.
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And really, just a refund, which is all that was offered, is hardly compensation for ruining a night that cannot be repeated. You only get one senior prom, even if you're dating someone younger than you.
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It really sounds like people are trying to argue for the sake of arguing, and letting it "ruin" their entire night is something that could have been avoided had they not been so wrapped up in having a limo and pre-prom pictures and all the other excess stuff.
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It sucks they were late for prom, but it seems that they decided that the luxury of having a limo (most HS seniors would think having a car is a luxury), the experience of sticking their heads out of the sunroof and going "Wooooo!" was more important than being with their sig-O's and friends.
It seems to me that when the driver didn't answer his phone (and seriously, I'd've started calling maybe 10 minutes after the scheduled arrival time), that was the time to get moving, maybe calling the limo company and demanding a refund at that point.
But what's done is done, and suing for "pain and suffering" or "emotional distress" should be for things that cause LIFELONG, debilitating problems, not "Oh noes, my prom!"
(If a perfect prom would've been the best night of their lives, I'd feel sorry for them; there's a heap of living to do past high school.).
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Assuming this happens to be a really similar case, and not the OP (or the OP's cousin) confusing TV for real life, I don't see how the limo service is liable for "pain and suffering" in this case. If there was a professional photographer waiting at the park that they then couldn't use, then perhaps you have a case with recouping that money, but that's probably it. The limo service offered a refund, and you should take it. That's probably all you'd get out of small claims court anyway.
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