Travel Agent Liability???
#1
Original Poster
Join Date: Sep 2008
Location: Midwest USA
Programs: BA SIL, WN A, UA SIL, Marriott TIT (LT), Hilton DIA
Posts: 1,973
Travel Agent Liability???
I was scheduled for a very important event in Carlsbad, CA, but my travel agent mistakenly sent me to Carlsbad, NM.
I did not realize the mistake until I got off the plane in NM and lo and behold, there was no driver waiting for me.
Fortunately, the agent was able to get me to CA on the next flight out, but I arrived with only minutes to spare.
All the stress affected my performance (I am 53rd best in the world, so they say), and the event was a massive failure.
So, is the agent liable for my financial losses?
I did not realize the mistake until I got off the plane in NM and lo and behold, there was no driver waiting for me.
Fortunately, the agent was able to get me to CA on the next flight out, but I arrived with only minutes to spare.
All the stress affected my performance (I am 53rd best in the world, so they say), and the event was a massive failure.
So, is the agent liable for my financial losses?
#2
Moderator: Manufactured Spending
Join Date: Jul 2011
Posts: 6,585
I am not a lawyer, but I would say no. Presumably the agent sent you a copy of your itinerary, and you should have looked it over. However, a good agent who wants your repeat business would be very likely to offer some sort of compensation if you bring it up.
#3
In Memoriam
Join Date: Feb 2000
Location: Easton, CT, USA
Programs: ua prem exec, Former hilton diamond
Posts: 31,801
Even if they do, I believe the traveler has at least 99% of the Liability for not checking and double checking everything, especially if the meeting was so important.
Receipt, Itinerary, Boarding Pass, luggage tags, etc all would have been wrong, so at some point you should have realized it before boarding the plane.
Receipt, Itinerary, Boarding Pass, luggage tags, etc all would have been wrong, so at some point you should have realized it before boarding the plane.
#6
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#7
Join Date: Dec 2009
Location: ORD
Posts: 880
Wow it is Bojana posting !! Sorry that you lost your tennis match.
Hate to say this but it was pretty dumb and funny.... Next time check your itinerary over. You are supposed to tell your agent clearly that it's CA and not NM. If he/she books the wrong flight, catch it BEFORE you travel, and they should rectify it free of cost.
Hate to say this but it was pretty dumb and funny.... Next time check your itinerary over. You are supposed to tell your agent clearly that it's CA and not NM. If he/she books the wrong flight, catch it BEFORE you travel, and they should rectify it free of cost.
#9
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Join Date: Mar 2002
Location: Canada, USA, Europe
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Posts: 31,451
I was scheduled for a very important event in Carlsbad, CA, but my travel agent mistakenly sent me to Carlsbad, NM.
I did not realize the mistake until I got off the plane in NM and lo and behold, there was no driver waiting for me.
Fortunately, the agent was able to get me to CA on the next flight out, but I arrived with only minutes to spare.
All the stress affected my performance (I am 53rd best in the world, so they say), and the event was a massive failure.
So, is the agent liable for my financial losses?
I did not realize the mistake until I got off the plane in NM and lo and behold, there was no driver waiting for me.
Fortunately, the agent was able to get me to CA on the next flight out, but I arrived with only minutes to spare.
All the stress affected my performance (I am 53rd best in the world, so they say), and the event was a massive failure.
So, is the agent liable for my financial losses?
Sorry about your misfortune, but I can't help but laugh at this. If you are a 1K flyer (ie you book over 100,000 miles a year) you really should know better.
I cannot imagine anyone, even in a country as litigious as the US, to seriously entertain your claim for punitive financial damages.
Caveat emptor I'm afraid.
#10
Join Date: Sep 2002
Location: Orlando, FL, US
Programs: DL-Dirt Medallion;US-Cast Iron Preferred; HH-Gold; Avis First
Posts: 3,617
Sorry to hear about your travel mishap. I once had a travel agent try to send me to Portland, Maine, when I needed to go to Portland Oregon. Luckily I was looking at the flights myself online at the same time, and realized there was a disconnect while I was still on the phone, and after a few minutes managed to figure out the error, and get them working on the right destination.
The TA might offer some minor compensation if asked, but probably not near enough to make up for losing business. If you are looking to recover your losses, suing is probably the only way. Whether or not you have any chance of winning, I don't know, but I think you would have to show evidence that you lost business that would have otherwise gotten.
Occasionally there are articles in the news about people planning to go to Sydney Australia, and ending up in Sidney Canada instead, so at least you were only one state away!
The TA might offer some minor compensation if asked, but probably not near enough to make up for losing business. If you are looking to recover your losses, suing is probably the only way. Whether or not you have any chance of winning, I don't know, but I think you would have to show evidence that you lost business that would have otherwise gotten.
Occasionally there are articles in the news about people planning to go to Sydney Australia, and ending up in Sidney Canada instead, so at least you were only one state away!
Last edited by djk7; Aug 3, 2011 at 6:27 am
#13
Moderator: Information Desk, Women Travelers, FlyerTalk Evangelist
Join Date: Jul 2003
Location: Chicago, IL, USA
Programs: AA Gold
Posts: 15,715
Wow it is Bojana posting !! Sorry that you lost your tennis match.
Hate to say this but it was pretty dumb and funny.... Next time check your itinerary over. You are supposed to tell your agent clearly that it's CA and not NM. If he/she books the wrong flight, catch it BEFORE you travel, and they should rectify it free of cost.
Hate to say this but it was pretty dumb and funny.... Next time check your itinerary over. You are supposed to tell your agent clearly that it's CA and not NM. If he/she books the wrong flight, catch it BEFORE you travel, and they should rectify it free of cost.
#14
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Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,262
What happened when OP:
1. Listened to the readback or confirming email from the TA?
2. Checked the itinerary forwarded by TA?
3. Look at BP whenever recd?
4. Checked the departures board for a gate?
5. Looked at the gate destination?
6. Heard the GA boarding announcement?
7. Heard the FA and ground crew repeated onboard announcements about being on "Flight XXX headed to YYY"?
1. Listened to the readback or confirming email from the TA?
2. Checked the itinerary forwarded by TA?
3. Look at BP whenever recd?
4. Checked the departures board for a gate?
5. Looked at the gate destination?
6. Heard the GA boarding announcement?
7. Heard the FA and ground crew repeated onboard announcements about being on "Flight XXX headed to YYY"?
#15
Join Date: Apr 2005
Posts: 971
A person who depends on others' expertise (and pays them for it, from coach to manager to travel agent) should be able to assume that they have done their job. If one is not from the U.S. the multiple places with the same name can be confusing; but the travel agent should have known. The travel agent in this case would be at fault, and should issue a refund (for the plane fare only).