Dealing With Changes Disclosure

CHANGE OF ITINERARY DISCLOSURE NOTICE

DEALING WITH THE CHANGES

[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. Carriers, suppliers and this agency reserve the right to add on reasonable "change fees" for any modifications.

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.]

A. 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].

B. 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].

NOTICE TO TRAVELERS
[When selling gray area tickets]
(i.e., Back to Back, Hidden City, etc.)

The enclosed represents the itinerary requested. Some airlines dispute agency tariff interpretations. If we are debited by the carrier on this requested itinerary the traveler agrees to reimburse our agency for costs and expenses imposed by carrier(s) and paid by the agency. All use of such tickets is done at travelers' risk and agency shall not be responsible for any consequences that may result.

DATED: ____________________________________________ Phone Number _____________________________________

Signature of Participant _________________________________ Signature of Witness ________________________________

Name Printed_________________________________________ Name Printed______________________________________

[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.]

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
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 Vacation Protection Services www.vacationprotectionservices.com 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."