Ch 13 Travel Agents Airlines Rights Liabilities Outline Crystal Zimmerman 65 AGENCY LAW o Agent is the legal term used for a legal representative It is used in a more formal and legal way a relationship in which one person acts for or represents another based on authority o Agency than the term travel agent voluntarily given by that other person involves 2 parties a principle and an agent method used by the agent to do the authorized tasks Ex employer o Agent the principal s directions Ex employee o Principle the person who authorizes someone else an agent to act on his behalf controls the the person so authorized the one who represents or acts for the principle consistent with o Agency law requires that the agent disclose to the agent s client the identity of the principle so that the client can investigate the reputation or credit of the principal if the client is so inclined an independent business for themselves people who contract to do work for someone else but are engaged in o Independent Contractors TARIFFS a rule or condition of air travel that binds the airline and passengers o Tariff o Limits of liability for lost luggage on domestic flights are covered by tariffs which are developed by airlines and approved by the Department of Transportation o Travelers are bound by tariffs even though they do not know about them and do not expressly agree to them Tariffs are developed by the airlines and must be approved by the Department of Transportation SMALL CLAIMS COURT o Small Claims Court lawyer CLASS ACTION SUITS o Class Action Suit cause sue the defendant jointly plaintiffs instead of just one a forum that encourages people to act as their own advocates without a o The maximum amount of money a plaintiff can seek is relatively small customarily 3k 5k a legal device in which many people who have suffered losses from the same o Financially attractive option for plaintiffs because the cost of the lawsuit is spread among many BAGGAGE CLAIMS DOMESTIC INTERNATIONAL o Warsaw Convention international treaty that set limits of liability for lost stolen damaged or misdelivered baggage until 2003 for international flights 9 07 p lb up to 44 lbs 400 400 for carry on baggage o Grounds for loss of Warsaw Convention s limited liability failing to provide on the baggage claim stub the weight of a passenger s luggage and willful misconduct o To obtain recovery for damaged baggage requires that the traveler strictly follow the prerequisites identified in the tariffs like time limits or else the case may be dismissed o If the airline misleads a passenger about the time limits for filing a complaint failure to comply with time requirements for written notice to the airlines will not result in dismissal of the case lost stole damaged or misdelivered baggage treaty that since 2003 for international flights sets limits of liability for o Montreal Convention Changes Include A maximum recovery for damage to property in the approximate amount of 1400 Calculations of the amount of damages awarded for property loss based on the law of the state or country where the action is commenced Relaxation of the requirement that an airline issue a baggage check with prescribed contents Elimination of the loss of limited liability if the airline fails to comply with the documentation requirements Introduction of a requirement that airlines maintain adequate insurance to cover their potential liability Authorization for a plaintiff to bring a lawsuit at the place of his residence o Neither the Warsaw Convention nor the Montreal Convention applies to domestic flights o For domestic flights the lowest maximum liability an airline can include in its tariffs is 2800 AIRPLANE SECURITY o After September 11 2001 Congress and the airline industry responded with increased security measures to enhance precaution at three areas of concern Keeping terrorists away from airports At airports detecting hijackers to prevent their access to planes Preventing unauthorized entry into cockpits o Passengers may not carry on liquid gel products in excess of 3 oz o Only ticketed passengers allowed beyond x ray security checkpoints except parents with children who will be traveling alone and certain attendants of disabled passengers o A federal regulation prohibits interfering with assaulting threatening or intimidating screening personnel in the performance of their screening duties o Airlines have a duty to safeguard passenger s CARRY ON baggage during security checks o Airport screenings are not considered illegal searches because by people choosing to utilize air transportation impliedly agrees to the screening process TRAVELING WITH ANIMALS o When determining an airline s liability for mishandling pets animals are treated the same as o Since animals have the same status as luggage the airline is obligated to sell insurance to cover suitcases them PERSONAL INJURY ON BOARD INTERNATIONAL FLIGHTS o The maximum amount recoverable to a person injured on an airline under the Warsaw Convention was 75 000 o Under the Montreal Convention the liability of airlines for death or personal injury to passengers is 140 000 unless the death injury was due to the airline s negligence the liability would be unlimited E TICKETS o E tickets aka electronic tickets paperless tickets representing reservations that are recorded exclusively in computer files o Advantages of E tickets to passengers Avoidance of having to carry a ticket or worrying about loss theft Avoidance of fees imposed for lost tickets Elimination of the need to pick up or arrange delivery of a ticket Permits passengers to use other e services provided by airlines internet or self service check in o Advantages of E tickets to airlines No expenses associated with paper tickets No addressing problems associated with lost tickets o Problems of E tickets Traveler s reservations not in the computer Difficulty in changing travel plans Difficulty changing flights from one airline to another o Recently airlines have agreements allowing travelers to trade E tickets among the various airlines flights This is called ticket interlining RIGHTS OF TRAVELERS WITH DISABILITIES o The Americans with Disabilities Act ADA as well as The Air Carrier Access Act ACAA 1986 state that no air carrier may discriminate against any qualified handicapped individual Refusing service will result in liability o Travelers with disabilities must make known their needs to the airlines Travel providers need not guess what