Breeders' Cup Sues Air Charter Company
Description:
Breeders' Cup Ltd. has filed suit against a New Jersey-based air charter company, claiming the firm breached a contract under which it was to transport attendees of the World Championships back to Lexington following this year's races.
According to the suit filed in Fayette (Lexington) Circuit Court Dec. 1, AirCharter.com was contracted to transport about 60 Breeders' Cup patrons to Lexington immediately following the Nov. 1 second day of the World Championships at Santa Anita Park so they could prepare for the auctions that were scheduled to begin Nov. 3. Included in the price were sodas, bottled water, juices, and dry snacks, but not including catering/bar charges or charges for de-icing or excess fuel, according to the contract.
The suit, and contract entered into between the two parties, stipulated the charter would leave Los Angeles Nov. 1 at 8 p.m. PT, with a scheduled arrival time in Lexington of about 3:10 a.m. Nov. 2.
Under terms of the contract, Breeders' Cup paid AirCharter.com $104,220 for its services, with the final payment sent via wire transfer Oct. 20. The contract stated if the charter company canceled in less than seven days, the entire amount would be refunded.
According to the suit, the charter company's operations manager contacted Breeders' Cup Oct. 29 to inform that the aircraft scheduled for the charter was being diverted for use by a professional basketball team and would not be available for use by the Breeders' Cup until 3:30 a.m. Nov. 2.
Email communication between representatives of AC and Breeders' Cup representative Michael Levy resulted in the charter company informing Breeders' Cup that it would be able to secure an alternative aircraft, but that it would cost Breeders' Cup an additional $45,469.31 for its use. AC also told Breeders' Cup it could not confirm that alternative aircraft's availability until the additional funds were received.
Breeders' Cup declined to pay the additional charge and secured a charter through another provider.
The suit contends that AirCharter.com has failed to return any portion of the advance charter fee despite being in breach of the contract. The Breeders' Cup is seeking the money it paid AC, plus interest, and any associated costs including attorneys' fees.
A Breeders' Cup spokesman said the issue is a private matter between the two parties and there would be no comment. AirCharter.com had not filed a response to the lawsuit as of Dec. 12.