General Practice, Solo & Small Firm DivisionMagazine

 

Other Provisions

Dealing with the changer. To prevent or minimize potential legal problems that may originate from the changes in itineraries initiated by a customer who is a chronic “changer” (changes that require rebooking of air, hotels, and ground transportation), the following provision should be imprinted on a changed itinerary:

Agent does not guarantee, and shall not be responsible for, any bookings or reservations made or confirmed by agent to the customer in the event that the original itinerary has been changed pursuant to customer’s request.

Settlement of complaints. In the event that the customer has brought up justified or unjustified complaints regarding services arranged through the agent, and the agent settles such complaints by way of a partial or a full refund, or by way of making a “compensatory” payment to the customer, the following measures should be observed.

Before any payment is made to the customer, have him/her execute a full release of all past, present, and future claims occurring out of the trip or transaction in controversy. Any such release should include the following provision:

In consideration for the payment of ________, [NAME OF CUSTOMER] and each of his/her/its agents, employees, directors, divisions, and subsidiaries hereby forever releases and discharges [NAME OF AGENCY] and each of its agents, employees, officers, and directors (hereinafter “the releasees”) from any and all claims, demands, losses, liabilities, and attorney’s fees of whatever character, which are in any way connected with, or related to, or which may stem from, any prior act, omission, or conduct of any of the releasees, whether or not presently known or alleged by [NAME OF CUSTOMER].

The following provision should be typed or written on the back of any check, representing payment in the compromise of claims between the agency and the customer:

The cashing, negotiation, or deposit of this check shall constitute a full settlement of all claims and demands and complete release of all claims against [NAME OF AGENT].

Travel agent/consumer agreement. (CIRCLE YOUR CHOICE) I do/do not wish to obtain Travel Medical/Accident Insurance. I do/do not wish Insurance against default or bankruptcy by carrier/operator. I do/do not wish to obtain Lost/Damaged Baggage Insurance. I do/do not wish to obtain Trip Cancellation Insurance. I do/do not wish Visa and Documentation services.

I have read the above paragraphs and agree to be bound by those terms.

Protective policy for travel agents’ tour deposits of own and consumers’ monies in bank accounts. Agents, when depositing monies in bank accounts for tour operations, would better protect their own and their customers’ monies by putting as many details as possible on the checks to be deposited.

For example, agents could write on their checks: “FOR DEPOSIT ONLY IN ESCROW ACCOUNT NO. __________, FOR [NAME OF TOUR] AND [NUMBER OF TOUR] DEPARTING [CITY], [DATE].”

Additional agent/consumer protective policy would be to obtain from the bank a copy of the actual depository agreement made by tour operator, carrier, and the “depository” bank. The same should be done for “chartered tours.”
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