Alternative Legal Care Provisions
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(SAMPLE)

ALTERNATIVE SAMPLE PREVENTIVE LEGAL CARE PROVISIONS


The issuance of any tickets, reservations, or bookings by [NAME OF TRAVEL AGENT] is done on the express condition that:

1.      [NAME OF TRAVEL AGENT] shall not be responsible for any changes in fares, rates, charges, or prices initiated by the carrier(s) or supplier(s) of services, and

2.      [NAME OF TRAVEL AGENT] shall not be responsible for any damages resulting from cancellations, changes, or disruption of any services and/or for refunds of monies already paid or transmitted to any carrier or supplier of services.

Customer's initial retention of tickets, reservations, or bookings after issuance shall constitute a consent by customer, on his/her behalf and on behalf of his/her companions, to the above.

Nothing agreed to herein by the customer is meant to interfere with customer's legal rights against any carrier(s) or supplier(s) of services.
[Blanks should contain the legal name of business, i.e., “XYZ TRAVEL, INC.” and Trade Name i.e., “d.b.a., Around the World Travel.” To be printed on invoice, computerized itinerary, or travel documents.]

 

TRAVEL AGENT/CONSUMER AGREEMENT


CIRCLEYOUR 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.

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. The benefits of Travel Related Insurance Protection (T.R.I.P.) www.travellaw.com/web/TRIP.html have been explained to me and I do not wish to obtain them.

[NOTE: Consumer relations-wise, requesting a signature may be difficult and should be used at Agent's discretion. The sample paragraphs may be used separately or at least should be printed on the back of invoice. You do not want to scare the customer away, but you do want to protect yourself, plus sell the possible add-ons. Your invoices MUST have at least some of the above paragraphs printed on them. The signature is not a requirement, but should be requested for all problem customers or destinations.]

Sample signature block for all travel contracts:
___________________________________________________________________
[Customer's name for himself with power of attorney for the traveling party/group]

 

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."

[To be printed on invoice, computerized itinerary, or travel documents. This is a sample only, and is not intended as legal advice. Travel agencies contemplating use of this Disclaimer should tailor it to their own individual circumstances, and obtain the advice of their own travel law counsel.]

 


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Alexander Anolik
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