Chapter 13 Travel Agents and Airlines Travel Agents If the travel agent fucks up you can sue Delta Delta authorized them to sell their plane tickets if Delta mistakes the credibility of the agent it is Delta s for authorizing them The principle bigger company is liable responsible o Delta has lots of money so you would go after them in a lawsuit versus the faulty travel agent who gets paid jack shit Exception If the agent is outside the scope there is no liability o Simple If Delta didn t give a travel agent permission to sell their tickets the agency is liable Charged with fraud deception for falsely posing as a reliable source for Delta Requirements o The agent must say what company they are working for so customers know if they are trusting the right brand with their travel arrangements o Provide accurate info MUST do research on the hotels places before they send customers there to make sure they are getting everything they paid for ex All inclusive resort nice area hotel meets the expected standards Suggest travel insurance so travelers are covered in case they have to cancel miss their flight Protect against credit card fraud o The way it works when you book through a travel agent is you tell them the arrangements you want to make the travel agency has their own credit card specifically used for these business transactions the agency pays the principal company so they get a portion of the profits BTW never use Orbitz Expedia any other agency it is more expensive because they charge a fee for facilitating the transaction AKA they get commission o Customer gives stolen credit card info to agent Agent gives customer plane ticket Agent pays Delta the amount the ticket is worth and keeps their commission Delta claims that the credit card has been denied Agent notifies customer that fraud has occurred Customer gets away with a free plane ticket Agent is liable for plane ticket must pay Delta out of pocket o HOW TO PREVENT The way to protect against liability when the true cardholder refuses payment is to have an imprint of the actual credit card and the cardholder s signature Independent Contractors Different from travel agents o They are their own boss think entrepreneur and have their own separate set of rules reduces their amount of liability o Example Royal Caribbean sells excursions on their ship At each destination guests can choose to participate therefore assuming responsibility for their own safety judgment If something turns sour on the excursion you cannot win a lawsuit against Royal Caribbean because they are not directly affiliated with the company They have merely made a suggestion They could possibly sue for misrepresentation and a multitude of other things but it differs with each case Well I would have to look at the facts first I can argue both sides as Sten would say Tariffs A fancy way to say contract specifically between passengers and airlines TARIFF TARMAC AIRPLANES AIRPORTS o Protects airlines from liability baggage reservations schedule changes delays etc o Must file a claim within 2 weeks of incident o Scenario Customer says I never agreed to those terms Insert bitching moaning excessive profanity o Actually they did when they checked the I agree to the terms box when they purchased their ticket online Obviously this person didn t read the fine print Then again who does that anyway Ain t got time fo dat o Sten made this mistake once He was told his flight would be delayed for a couple of hours so he took the pleasure in people watching in the ATL airport Without notice his flight ended up being rescheduled to fly out earlier than expected He didn t realize this and got left behind However the airline was not liable because they put him on the next available flight More about cancelled flights discussed later on 2 Ways to settle cases 1 Small Claims Court a Plaintiff granted 3000 5000 b No lawyers involved you represent yourself c Lax quick procedure 2 Class Action Suits a Lots of people get fucked over pissed off and sue a company as a group b Lower court fees since it is spread out over lots of people Rights of the Traveler o Passengers are responsible for the correct travel documents passport birth certificate o 0 7 of baggage is lost each year about 600 000 bags o 30 000 of these are lost and never returned o Baggage Claim International o Warsaw Convention treaty was valid until 2003 o Under this treaty if you lose your luggage you will only get about 9 07 per pound up to 44 pounds about 400 Doesn t matter if it s a luggage full of clothes or your grandparent s cremated ashes The more it weighs the more value it holds There is no other compensation o Montreal Convention Awards larger damages for recovery Airlines need adequate insurance to cover their asses Regarding the conventions he is only going to ask which one came first Answer Warsaw o Baggage Claim for domestic flights is covered by tariffs NOT conventions o Max damages awarded 2 800 Test Question Q How much loose change was recovered at TSA checkpoint A 531 000 Q Which airport had the most amount recovered A 1 airport was Miami recovered 39 000 Airplane Security o Security trumps unreasonable search and seizure o If you are suspected of sketchy behavior terrorism you will be searched immediately This is allowed o You impliedly consent to search when you fly TSA just wants to make sure you aren t carrying explosives weapons on the plane If TSA suspects something fishy they have reasonable cause to search Traveling with Animals o Damages for emotional distress are REJECTED o Damages for pain and suffering of the animal are REJECTED o Airline is limited to compensation for personal property usually 500 awarded written in each airline s tariffs o Animals are considered personal property luggage Rights of Disabled Travelers o Americans with Disabilities Act ADA o Have to meet mobility requirements for the safety of themselves passengers o Some airlines require disabled passengers to be assisted by employees if they need extra assistance o Disclosing Need for Assistance o If a passenger needs a wheelchair when they get off the plane they need to alert the flight staff before departure the airline can t be responsible if they do not even know of the problem in the first place o Remedies for discrimination o Order compelling compliance with ACAA revocation of airline s air carrier certificate causing the airline to shut down and a fine of up to 10 000 Right to Cancel Flights Airlines are exempt