I am writing this column from my hotel room in Chicago where I have spent the past several days attending — in person — the American Society of Travel Advisors (ASTA) Global Convention. What a joy to be on the road again and connecting with advisors who are excited to witness the powerful revival of our industry.
The crowd was abuzz with the typical current event topics, such as waivers, the Delta variant, vaccination requirements, terms and conditions (both yours and those of suppliers) and, of course, our most popular French phrase, force majeure.
Advisors are cautiously optimistic, and for good reasons. We remain in a frenzied state, not knowing what tomorrow brings. I thought that this would be a good time to take a breath and think about our role and how to deal with our suppliers and customers.
Firstly, we need to sell travel. The destinations and suppliers, now more than ever, need us to sell travel. Use this as an opportunity to strengthen supplier relationships — choose partners who will continue to work with you if plans need to change. You should have a thorough understanding of the supplier’s rebooking, refund and future travel credit policies, and you need to share this information with your customers.
Advisors have been sued by clients when the customers claim that the advisor withheld critical information that might have impacted the customer’s travel decisions (another good reason to make sure your errors and omissions coverage is in place).
Consider Adding a Behavior Clause in Your Terms and Conditions
Second, we need to be mindful in deciding which customers to work with. Not all customers are created the same. Recent news reports detail that the Federal Aviation Administration has logged more than 4,000 complaints of unruly passengers in the first half of 2021 — 3,000 of the complaints are mask-related. Undoubtedly, some of the “suspects” used travel advisors to arrange their trips.
In another report, Freya Higgins-Desbiolles, a senior lecturer in tourism management, University of South Australia, wrote that “the increasing prevalence of the badly behaved tourist, either in reality or simply as cultural meme, presents a serious issue for the tourism industry.” This problem just might become your problem.
Physical damage and personal injuries are being caused by disruptive travelers, and it isn’t outside the realm of possibility that you might well be questioned about the customer and what you knew about him or her.
Physical damage and personal injuries are being caused by disruptive travelers, and it isn’t outside the realm of possibility that you might well be questioned about the customer and what you knew about him or her.
Social media and public shaming have created the real likelihood that the scoundrel will be identifiable. Once identified, no doubt the search will be on to learn everything about the offender, including how it was that they arrived at the destination. If it turns out you had reason to believe that the customer might act inappropriately (maybe they said something to you or intimated that they might not react well to a mask mandate or vaccine requirement), then it is possible that you will be blamed for either not warning others or for simply making the booking.
We all are mindful that customers must sign our Terms and Conditions/Booking Agreement (T&Cs). You need to consider adding a “behavior clause” so the customer is on notice that bad behavior is not tolerated by airlines, suppliers or destinations. New Zealand, for example, gets visitors to pledge its “Tiaki Promise” of good behavior as a result of the multiple problems associated with tourists.
The customer should acknowledge that they will be responsible for their actions and that they will indemnify you for any claims that arise from their conduct while traveling. If you have concerns about a customer, consider saying “no thank you” and moving on.
On the topic of T&Cs, many have asked about a so-called “COVID-19 waiver.” The prevailing thought is that a thorough set of T&Cs probably already has you covered (i.e. no liability arising out of sickness). However, I think that it is critical to alert the customer to the relatively obvious fact that conditions and requirements (vaccination and admittance, etc.) are fluid and may change between the time a trip is booked and the travel date. You, therefore, will not be responsible if the traveler is not able to enjoy all the components of his or her journey.
We’ve come a long way since March 2020, but the path ahead is still unchartered. The in-person ASTA Global Convention is a great signal that advisors are ready to meet the challenge of restarting travel.
The Details
The Ment Law Group
Meet Jeffrey Ment
Jeffrey Ment currently works as a travel law attorney and previously worked as a travel advisor, airline sales manager and tour guide. For more than 27 years, he has represented individuals and companies in the travel industry.
Have a question for Jeffrey? Send an email to letters@travelagewest.com.
