Using a Waiver Agreement to Protect Your Customers and Business

Using a Waiver Agreement to Protect Your Customers and Business

Wayne Nelson – ASTA Industry Affairs Waiver Agreements

Sample Waiver / Terms and Conditions

I understand that [your travel agency name] is not the source or supplier of the travel services I have requested, and acts solely as an agent for the actual suppliers of such services. I have been advised that the suppliers whose names appear in the information supplied to me are those who are actually responsible for providing the travel services I have purchased. I consent to and request the use of those suppliers and agree not to hold [your travel agency name] responsible should any of these suppliers: 1) fail to provide the travel services I have purchased; 2) fail to comply with any applicable law; or 3) engage in any negligent act or omission that causes me any sort of injury, damage, delay or inconvenience.

I accept that [your travel agency name] is not responsible for, nor will I attempt to hold it liable for, any injury, damage or loss I may suffer on account of any conditions, actions or omissions that are beyond its reasonable control.

I will review my travel documents for accuracy upon receipt and understand that I may contact [your travel agency name] if I have any questions. I understand that discounted fares typically involve restrictions and that changing any aspect of my travel arrangements may result in the payment of additional money.

I have been advised to use a credit card as this may offer me the opportunity to dispute the charge should a vendor cease operating.

I have been advised that [Insert names of airlines operating under Chapter 11 bankruptcy protection] are currently operating under Chapter 11 bankruptcy protection. [Update as needed]

I understand that the Transportation Security Administration (TSA) requires me to carry a government issued identification card in order to board a flight. I have been advised that the name, date of birth and gender that appears on the identification card must exactly match the same such data that is listed on my airline ticket and in my booking records. I acknowledge that my failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing me to miss my flight.

I understand that if traveling internationally, I must have a valid passport and depending upon my destination and nationality, I may need to obtain one or more visas.

Note to Client: Passport and visa information may be obtained by contacting the Travel Advisory Section of the U.S. State Department at 202.647.5225 or by visiting the State Department's Web site at travel.state.gov. Non-U.S. passport holders should be sure to contact the embassies of their destination and transit countries to obtain entrance requirements. To obtain medical information, you may contact the Centers for Disease Control at 404.332.4559 or visit the CDC's Web site at www.cdc.gov

I understand that the airline tickets, air tours or other products I am purchasing are subject to supplemental price increases that may be imposed after the date of purchase. Post-purchase price increases may be applied due to additional costs imposed by a supplier or government. I acknowledge that I may be charged additional sums by [your travel agency name] to offset increased fees, fuel surcharges, taxes, fluctuations in foreign exchange markets or any combination thereof. I hereby consent to any post-purchase price increases and authorize [your travel agency name] to charge my credit card for such additional amounts.

I understand that I may purchase travel insurance to cover certain risks inherent in travel such as supplier bankruptcy and the inability to travel due to a medical or personal emergency. Please check and initial your acceptance or refusal of travel insurance below.

I wish [ ] do not wish [ ] to purchase travel insurance. ____ (client's initials)

Client's Signature:______Date: ______

Housekeeping

• Today’s presentation is available on: www.asta.org/videos • All resource links are provided at the end of this presentation. • Submit questions to [email protected] Waiver Agreements

Preview

• Importance of being an “agent” • Waiver of third-party liability • Document accuracy & change penalties • Benefits of credit card payment • Notice of supplier’s bankruptcy status

Waiver Agreements

Preview (cont.)

• TSA Secure Flight passenger data requirements • Passport and visa requirements • Important medical information • Consent for post-purchase price increases • Acknowledgement of travel insurance

Waiver Agreements

Importance of Being an Agent

• Agent vs. principal • Who is responsible? • Importance of written disclosure • Identify supplier(s) by name

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Importance of Being an Agent (cont.)

• Customer’s consent that the agency will not be held liable for supplier’s: - Failure to provide purchased travel services - Failure to comply with applicable laws - Engaging in any negligent act or omission that causes injury, damage, delay or inconvenience. • For more information on your role as an “agent “and the protections it provides, see: http://www.asta.org/ELibrary/content.cfm?ItemNumber=2330

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Additional Waiver of Liability

• Agent is not responsible for and will not be held liable for injury, damage or loss resulting from any conditions, actions, or omissions beyond the agency’s reasonable control. Waiver Agreements

Document Review and Change Penalties

• Customer acknowledges receipt and review of travel documents. • Advise of potential costs for changing travel plans. • Encourages customers to detect and report problems ASAP.

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Benefits of Using a Credit Card

• Fair Credit Billing Act • Charges can be disputed for services not rendered • Limitations apply - 60 days to submit dispute • See an FTC Fact Sheet at: • http://www.consumer.ftc.gov/articles/0219-fair-credit-billing

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Suppliers Operating in Chapter 11

• Service and Financial implications • See ASTA’s Guide to Supplier Bankruptcies http://asta.files.cms-plus.com/secure/index.cfm?FileID=75802&RDtoken=58470&userID=6990 – Steps to take in the event of supplier default – Most common channels for recovering funds – Tips for qualifying suppliers Waiver Agreements

TSA Secure Flight Requirements

• Became effective in 2009 • Required passenger data - Full name - Birth date - Gender • Mandatory compliance & potential consequences

ASTA’s Regulatory Compliance Handbook: http://www.asta.org/Publications/whtpaperdisp.cfm?ItemNumber=10036

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Passport and Visa Requirements

• Must advise international documentation requirements • Can result in denied boarding and litigation • See sample waiver for State Department and CDC contact information.

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Consumer Consent to Supplier Price Increases

• DOT Enhanced Airline Passenger Protection Rule • Post deposit price increases require written consent • After full payment, only a government-imposed tax or fee increase can be passed on to the customer. • Consent only required to pass on an increase

ASTA’s Regulatory Compliance Handbook: http://www.asta.org/Publications/whtpaperdisp.cfm?ItemNumber=10036

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Travel Insurance Acknowledgement

• Benefits of offering insurance – Consumer Protection – Business Protection – Significant revenue source • Importance of signed insurance waiver • See ASTA’s Guide to Travel Insurance: http://www.asta.org/Publications/whtpaperdisp.cfm?itemnumber=1694

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Summary

• Review disclosure policies • Customize waiver to fit your business needs • Obtain customer signature when possible • Train staff on standard disclosures • Consult with an attorney before implementing ASTA Legal Services Program: http://www.asta.org/BusinessServices/AMSIDetail.cfm?ItemNumber=1928

RESOURCES

. ASTA Sample Disclosure Form - http://www.asta.org/ELibrary/content.cfm?ItemNumber=2365

. Importance of being an Agent - ASTA.org http://www.asta.org/ELibrary/content.cfm?ItemNumber=2330

. FTC fact sheet - Fair Credit Billing Act - http://www.consumer.ftc.gov/articles/0219-fair-credit-billing

. ASTA Supplier Bankruptcy Resource page - http://www.asta.org/ELibrary/content.cfm?ItemNumber=5420

RESOURCES (cont.)

. ASTA’s Travel Agents’ Regulatory Compliance Handbook - http://www.asta.org/Publications/whtpaperdisp.cfm?ItemNumber=10036

. ASTA’s Guide to Travel Insurance - http://www.asta.org/Publications/whtpaperdisp.cfm?itemnumber=1694

. AMSI Attorneys Program http://www.asta.org/BusinessServices/AMSIDetail.cfm?ItemNumber=1928

. ASTA educational videos - www.asta.org/videos

Got Questions?

Send to: [email protected]

www.ASTA.org