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Here are two recent articles which will answer that
question...
The Perils of
Online Booking
By Mark Pestronk
Q: A few months ago, you wrote a column about how the users of American Airlines' Web site give up all of their legal rights when they book a flight. Does the same hold true for booking on other major carriers' Web sites? What about booking on Orbitz, Travelocity and Expedia?
A: The Web sites of the seven major U.S. airlines
(AA.com, Continental.com, Delta.com, NWA.com, Southwest.com, UAL.com and USAirways.com) -- as well
as Orbitz, Expedia and Travelocity -- have the following in common: All fare information and booking capabilities are provided "as is." This means that if the information on the site is wrong, you have no legal remedy. It also means that if the site makes errors in transmitting your booking or fails to transmit it at all, there is nothing you can do about it. All sites disclaim all "warranties of suitability for a
particular purpose." This means that, legally speaking, the Web site's owners are telling you that they do not promise their sites are suitable for anything and that, if you do use them, the owners have no responsibility
if anything does not work. The quoted legal terms make online transactions legally similar to the purchase of a used car from a nondealer. The seller sells
the car as is with no warranties. Whatever is wrong with the car is the
buyer's problem. Five of the seven airline Web sites and all three public booking sites
make you waive all claims for money damages of any kind. Orbitz extends this disclaimer to all of its travel suppliers -- so if you book on
Orbitz, you agree not to sue any supplier for anything. Only Delta and Southwest omit this waiver of money damages. If you book on the following sites, you agree to sue and be sued only in
the following jurisdictions: AA.com and Travelocity, Tarrant County, Texas;
Continental.com, Harris County, Texas; NWA.com, Dakota County, Minn;
UAL.com, Illinois; Orbitz, Cook County, Ill.; and Expedia, King County,Wash. Travel agencies' booking engines do not require travelers to agree to any
of these kinds of oppressive terms. In fact, most agencies' sites have no
terms and conditions at all.
Mark Pestronk is a Fairfax, Va.-based attorney specializing in travel law.
He answers your questions in the TravelWeekly.com Legal Ease forum.
To contact Mark directly, e-mail him at mpestronk@aol.com.
Travel Agents: More Valuable Than
Ever
Why should I use a travel agent? As a veteran travel executive,
that's a question I'm often asked. Today, with the overwhelming number of sources for travel information, it's no wonder the consumer is confused. Yet
that's precisely why the services of a professional travel consultant are more valuable than ever. It's much more than the lowest fare
that gives the compelling argument for a good travel agent, who builds relationships with clients to learn
their interests and lifestyles, as well as their dispositions.
Below is a list of some of the important services, provided free or for a nominal charge,
by travel agents.
1. Distilling the product information. Through an ongoing, time-consuming process of familiarization, continuing education and
customer feedback, the agent becomes a travel expert.
2. Investigating and supplying competitive information. No single supplier is going to advise a consumer that a better route or a better
fare is available on a competing carrier.
3. Staying abreast of the most current and timely promotions. Via
daily faxes, agent-only e-mail transmissions and their relationships with their district sales managers, agents are obtaining the most current promotional information.
4. Analyzing the current promotions. The cheapest is not always the best.
5. Clarifying the fine print, such as cancellation penalties and restrictions. The benefits of a professional's experience can save a traveler money-and headaches.
6. Recommending travel-related options. Travel agents share their knowledge about a variety of topics, from where to eat and where to shop,
to what to pack.
7. Simplifying the research. An agent can provide nonstop shopping
for travelers for air arrangements, rental cars, cruise accommodations and
hotel stays-with suggestions that are in the best interest of the client, not
the supplier.
8. Giving value-added benefits and amenities. Agents can add to the client's experience by sending a bottle of wine, providing a special
land package, a specific escort or other custom amenities.
9. Using their clout to get the best possible rate. Whether an
airline seat, hotel room or cruise space, the agent has more buying power than the consumer.
10. Getting problems resolved. The agent serves as the consumer's advocate in the event something inadvertently goes wrong. If one is going to spend hundreds or thousands of dollars, and a good chunk of leisure time, it makes sense to use a professional.
Joseph A. Watters, president, Crystal Cruises
Reprinted from TTG Magazine
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