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Legal Issues in the Travel Industry: Liability, Regulation, and Consumer Rights

Welcome to our blog post exploring the legal landscape of the travel industry! As globetrotters and adventurers, it’s important to be aware of the potential legal issues that may arise during our travels. From liability concerns to industry regulations and consumer rights, this article aims to provide a comprehensive overview of the legal aspects that impact our experiences as travelers. Whether you’re a frequent flyer or a first-time explorer, join us as we delve into the complexities of the travel industry and gain valuable insights into how to navigate its legal challenges.

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Liability Issues in the Travel Industry related to Legal Issues in the Travel Industry: Liability, Regulation, and Consumer Rights

The ever-present liability puzzle.

In today’s dynamic travel industry, where boundaries are constantly shifting, liability issues have emerged as a primary concern for both service providers and travelers. The interplay between legal frameworks, regulations, and consumer rights presents a complex puzzle for industry stakeholders to navigate. This article aims to unravel the enigma surrounding liability in the travel sector, shedding light on its various dimensions.

Liability Frameworks: The Foundation of Accountability

Liability in the travel industry is primarily governed by a diverse range of legal frameworks, including international conventions, national legislation, and contractual agreements. These frameworks aim to establish responsibility, determine fault, and provide remedies in cases of harm or misconduct.

International Conventions: A Global Safety Net

International conventions, such as the Montreal Convention for the Unification of Certain Rules for International Carriage by Air, play a pivotal role in the travel landscape. They provide a unified liability framework for airlines and passengers, ensuring clarity and consistency in cases of accidents, delays, or damages.

National Legislation: A Patchwork of Protections

At the national level, countries implement their own laws and regulations to address liability concerns in the travel industry. These laws cover various aspects, including hotel safety, tour operator responsibilities, and transport accidents. Travelers must familiarize themselves with the specific legislation of their destination to understand their rights and potential recourse.

Regulation: Balancing Safety and Industry Interests

Regulatory bodies, both at the national and international levels, play a crucial role in upholding safety standards, monitoring compliance, and resolving disputes. Their primary objective is to strike a delicate balance between consumer protection and the sustainability of the travel industry.

Enhancing Safety: A Fundamental Imperative

Regulations pertaining to liability often revolve around ensuring the safety and well-being of travelers. Adequate safety measures, risk management protocols, and quality assurances are critical components of this regulatory landscape. Strict compliance with these regulations is essential not only for traveler protection but also for the long-term viability of the industry.

Consumer Rights: Empowering the Traveler

Consumer rights legislation forms an integral part of the regulatory framework surrounding liability in the travel sector. These rights cover areas such as fair pricing, transparency of terms and conditions, and access to accurate information. Travelers need to be aware of their rights and the mechanisms available for recourse in case of unsatisfactory experiences.

As the travel industry continues to evolve and grow, liability issues remain a constant challenge. Industry stakeholders must navigate through the intricate web of legal frameworks, regulations, and consumer rights to ensure a fair and safe travel experience for all. By understanding the foundations of liability, providers and travelers can work together towards a responsible and accountable travel industry.

Regulation of the Travel Industry: Legal Issues Explored

Liability in the travel industry.

In the world of travel, understanding liability is paramount for both service providers and consumers. A seamless experience is the common goal, but accidents and mishaps are not unheard of. So, who is responsible when things go awry?

1. Service Providers:

Travel agencies, airlines, and accommodation providers all have a legal duty to ensure the safety and well-being of their customers. They must deliver on their promises, ensuring that the services they offer are as described and meet industry standards. Failure to do so may result in liability for any damages incurred.

2. Consumers:

On the other hand, travelers also have a level of responsibility when it comes to their own safety. They must exercise reasonable care, follow guidelines, and act responsibly to avoid situations that could lead to harm. Ignoring established rules and regulations could diminish the liability of service providers.

Regulation in the Travel Industry

As with any industry, the travel industry requires regulation for smooth operations and to protect consumer rights. Regulatory bodies play a crucial role in monitoring and enforcing compliance to ensure a fair and safe environment for all parties involved.

1. Government Regulations:

Governments worldwide have specific regulations in place for the travel industry. These regulations encompass various areas, such as safety standards, visa requirements, and consumer protection. The aim is to prevent fraudulent practices, ensure fair competition, and protect travelers from exploitation.

2. International Agreements:

In addition to national regulations, international agreements between countries contribute to the regulation of the travel industry. These agreements address important topics like open skies policies, visa waivers, and mutual recognition of safety standards. They create a framework that promotes cooperation and facilitates travel between nations.

Consumer Rights in the Travel Industry

Consumer rights are a fundamental aspect of the legal framework governing the travel industry. Travelers are entitled to certain rights and protections to ensure a fair and satisfactory experience.

1. Right to Accurate Information:

Consumers have the right to receive accurate and truthful information about the services they are contracting. Travel providers must disclose all relevant details, including costs, itinerary changes, and any potential risks or limitations associated with the travel.

2. Right to Compensation:

In cases where a service provider fails to meet their obligations, consumers may be entitled to compensation. This can include reimbursement for expenses incurred due to service-related issues or even compensation for inconvenience caused.

3. Right to Safety:

The safety of travelers should always be a top priority. Service providers must take reasonable measures to ensure the well-being of their customers and address any safety concerns promptly.

In conclusion, the travel industry operates within a legal framework that regulates liability, sets industry standards, and protects consumer rights. Both service providers and consumers have roles to play in ensuring safety and the smooth functioning of the industry. By understanding and complying with these legal provisions, the travel experience can be made more secure and enjoyable for all.

The travel industry is a realm where consumers encounter various legal issues, including liability concerns, regulatory compliance, and the protection of their rights. It is imperative for both travelers and travel providers to understand these legal matters to ensure a safe and satisfactory experience.

Liability is a significant legal concern in the travel industry. Travel providers, such as airlines, hotels, and transportation companies, have a duty of care towards their customers. This means that they are responsible for ensuring the safety and well-being of their passengers throughout the travel process.

When a travel provider fails to fulfill their duty of care and a traveler suffers harm as a result, the provider may be held liable for any damages incurred. Examples of liability in the travel industry include accidents caused by negligent transportation operators, injuries due to unsafe hotel premises, and lost or damaged luggage.

The travel industry is subject to various regulations that aim to protect consumers’ rights and ensure fair business practices. Regulatory bodies, such as the Department of Transportation in the United States, enforce rules to hold travel providers accountable.

Regulations cover areas such as airline passenger rights, consumer protection laws, and fair travel advertising practices. These regulations help establish minimum standards for service quality, pricing transparency, and dispute resolution.

Consumer rights are a fundamental aspect of the legal framework in the travel industry. Travelers have the right to accurate and transparent information regarding their trip, including prices, services offered, and any restrictions or additional fees.

Furthermore, consumers have the right to expect services that meet reasonable expectations. This includes clean and safe accommodations, timely transportation, and appropriate customer service. If the travel provider fails to deliver the promised services or breaches these rights, consumers have legal recourse to seek compensation or resolution.

Consumer rights also encompass protection against unfair practices, such as deceptive advertising, hidden charges, or discriminatory treatment. Travel providers must adhere to these rights to maintain a trustworthy reputation and avoid potential legal consequences.

In conclusion, understanding the legal issues surrounding consumer rights, liability, and regulation in the travel industry is crucial for both travelers and travel providers. By knowing their rights and responsibilities, consumers can have a safer and more satisfying travel experience, while travel providers can ensure compliance with legal standards and maintain customer satisfaction.

4. Legal studies related to the travel industry

Introduction.

The travel industry, a thriving sector that provides individuals with the means to explore and experience new destinations, is bound by a complex web of legal regulations. These legal intricacies ensure that travelers’ rights are protected and companies are held accountable for their actions. In this article, we will delve into three key legal issues: liability, regulation, and consumer rights, and their implications for the travel industry.

Liability refers to the legal responsibility of travel companies for any harm caused to their customers. In the event of accidents or injuries during a trip, it is vital to determine who should be held accountable. Companies are responsible for ensuring the safety of their customers by adhering to safety regulations, maintaining proper equipment, and providing adequate warnings.

Regulation plays an essential role in ensuring the fair and ethical operation of travel companies. Regulations cover various aspects, including licensing requirements, health and safety standards, and environmental protection. These regulations hold companies accountable and ensure that they operate within the boundaries of the law, providing travelers with a safe and secure experience.

Consumer rights are of paramount importance in the travel industry. Travelers have the right to accurate and transparent information regarding the services they are purchasing. For instance, companies must disclose any hidden fees or restrictions for cancellations before a customer makes a booking. In cases of flight delays or cancellations, travelers have the right to compensation and assistance.

In conclusion, legal issues in the travel industry revolve around liability, regulation, and consumer rights. Companies must ensure the safety of their customers and be held accountable for any harm caused. Regulation ensures fair and ethical practices are followed, protecting both travelers and the environment. Finally, consumer rights protect the interests of travelers, ensuring transparency and fair treatment. By understanding these legal aspects, travelers can empower themselves and make informed decisions when embarking on their journeys.

References:

• Travel Law: Cases, Materials, and Problems; by K. L. Campbell and P. L. McMahon (2016)
• Travel Law: Rights and Regulation; by A. Leggat (2019)

In conclusion, the travel industry is subject to various legal issues surrounding liability, regulation, and consumer rights. It is crucial for both travel companies and consumers to be aware of their rights and responsibilities to ensure a safe and fair travel experience. While liability and regulation create a framework for accountability, consumer rights play a vital role in protecting individuals from unfair practices. By staying informed, advocating for their rights, and working together, industry stakeholders can navigate these legal issues and contribute to a more transparent and secure travel industry for everyone involved.

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Top 10 Legal Issues Facing Travel Agents

Problems caused by fraudulent independent contractors, employee mistakes or deceptive clients can cost travel agencies huge sums of money, warns travel industry attorney Mark Pestronk. Travel Market Report asked Pestronk to outline the top legal issues facing travel agencies today and provide quick tips on how to identify and avoid costly legal pitfalls. Here’s what he said. 1. Fraud by independent contractors (ICs). “This is the biggest problem agencies face, as suppliers and clients hold you responsible when a rogue contractor commits fraud by, for example, charging tickets to a phony credit card or taking the client’s money and embezzling it,” Pestronk said. TIP: Screen ICs carefully, including the following: 1) conduct in-person interviews; 2) check at least two references; 3) ask suppliers about the contractor’s reputation, and 4) check credit and criminal records. 2. Airline- debit memos on chargebacks for allegedly unauthorized card charges. “These are especially dangerous because of ARC’s power to declare you in default by deeming a sale that results in such a chargeback to be an improperly reported sale,” said Pestronk. While often caused by fraudulent ICs, debit memos can also result from an employee’s mistake, employee fraud or client deception, he added. TIP: To prevent credit card chargebacks, require employees and ICs to follow the rules outlined in ARC's Industry Agents' Handbook.

3. Airline-issued debit memos for reservation rule violations. These can add up to hundreds of thousands of dollars when clients knowingly book back-to-backs or hidden cities without the agent’s knowledge or when agency employees or ICs make such bookings in order to get lower fares, Pestronk said. TIP: Educate agents about reservation violations for which suppliers could hold the agency responsible. 4. Agency loses the right to sell an important supplier’s services. “Every supplier contract, including your contract with each airline under the ARC agreement, allows the supplier to cease doing business [with your agency] for no reason,” Pestronk said. “Too often, suppliers exercise their rights because they believe that you have done something wrong, even though you are guilty of no wrongdoing.” TIP: If a supplier blocks your agency from selling it, Pestronk offered a work-around: “Book the supplier through another travel agency. However it must be done very carefully, with no record of your agency’s name; otherwise the supplier may drop the other agency as well. 5. Signing supplier-inventory contracts in your agency’s name and then having the client back out. TIP: “Make sure you sign hotel, tour and cruise group contracts as an agent for the client. Otherwise, the supplier could sue your agency if the client fails to perform.” 6. Signing of long-term contracts by unauthorized employees. Although this problem applies mainly to large agencies with multiple locations, Pestronk said owners of agencies of all sizes have had situations where employees signed contracts, such as phone system or copier-maintenance contracts, without having been authorized to do so. TIP: Prohibit ICs and employees from signing vendor contracts without your express written permission. 7. An unknown person makes a fraudulent transaction in your agency’s name on a supplier website or by phone. “This fraud has become quite popular, especially targeting Southwest,” Pestronk said. TIP: Make sure employees understand that emails soliciting their GDS logins or containing a link to a login are always fraudulent phishing attempts to break into your GDS and issue tickets in your agency’s name. 8. A client confuses the agent’s responsibility with the supplier’s responsibility. This confusion is the source of the majority of lawsuits and claims by clients, according to Pestronk. TIPS: Require employees and ICs to use disclaimers in all transactions (except those for corporate clients) that involve signed contracts. Also, offer cancellation and medical insurance to every leisure traveler; a client who suffers a financial loss is less likely to blame the agency if insurance was offered. 9. Getting sued for violations of labor laws or civil rights. “Even if you are held not liable, your legal fees could be hefty,” Pestronk said. Tip: Be aware of the regulations regarding these issues in the state or states where you do business. 10. Fines for failing to register under a ‘seller of travel’ law. Agencies who do business in one of six states that have such laws will face fines if they do not register, Pestronk said. TIP: Be sure to stay up to date on – and comply with – the laws governing travel sellers in your state.

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Analysis: The legal relationship between travel agent and consumer

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In the fourth and final part of a series on travel agency law, Fox Williams partner Rhys Griffiths, and associate Anna Tindall, explain the various roles an agent takes on in law

Travel agents have been described as ‘commercial chameleons’, whose roles can change – even during the same transaction. For instance, in a single transaction it is possible for a travel agent to act in a number of different capacities:

• Travel advisor : The travel agent may assume the role of a professional advisor, taking instructions from the consumer as to their requirements and/or special needs and then advising the consumer as to where to go, where to stay, the best travel arrangements to make, and so on.
• Marketing agent for principal : The travel agent may be appointed as a marketing agent for a principal (eg a tour operator), where it is appointed to promote the principal’s holiday to the consumer.
• Sales agent for principal : The travel agent may be appointed as a sales agent for a principal (eg a tour operator), where it is appointed to conclude the holiday sale for the principal and to arrange for the consumer to enter into a contract with the principal.
• Agent for the consumer : The travel agent may be appointed as an agent for the consumer when concluding a booking with a principal for which it is not formally appointed (eg when booking low cost flights).
• Service provider : A travel agent may provide the consumer with a technology platform which enables the consumer to make bookings with principals. In this context, the travel agent is not likely to be acting as an ‘agent’ in the true sense of the word. Rather, it is acting as a principal in the provision of a booking service to the consumer.
• Post-booking agent for principal : A travel agent may be appointed as an agent for the principal in dealing with post-booking matters. This might include collecting balances from the consumer, managing amendment and cancellation requests by the consumer and issuing travel documentation to the consumer.
• Post-booking agent for the consumer : A travel agent may be appointed as an agent for the consumer in dealing with post-booking matters. This will include remitting balancing payments to the principal, making amendment and cancellation requests on behalf of the consumer and passing on travel documentation to the consumer.
• Organiser : A travel agent may be an organiser of package holidays if the agent is responsible for creating the consumer’s package holiday.

In order to identify the duties owed by a travel agent to a consumer, it is first necessary to identify the capacity in which the travel agent is acting towards the consumer, which may vary at each point in the transaction. Its duties will then be defined by reference to this capacity and the terms of any contract which may exist between the travel agent and the consumer.

The analysis we have described above will, of course, depend upon a careful analysis of the facts and circumstances of a particular transaction. However, we would suggest that an agent is likely to owe the following duties to the consumer:

• Travel advisor : A travel agent is likely to have duties under the law of tort to exercise reasonable skill and care in delivering advice to the consumer.
• Agent for the consumer : A travel agent will likely owe duties to the consumer under the agency agreement and/or under the common law of agency. We would expect these duties to include a general duty to exercise reasonable skill and care to the consumer, which in practical terms is likely to include (this list is not exhaustive):

o Holding the consumer’s money securely;

o Using the consumer’s money to pay the principal;

o Making accurate bookings with the principal;

o Making amendment and cancellation requests on behalf of the consumer;

o Promptly sharing with the consumer all information and documents supplied by the principal;

o Ensuring that the consumer is made aware of all terms and conditions which relate to the booking with the principal; and

o Not making a secret profit (ie. booking fees must be disclosed).

• Service provider : the terms of a booking service provided would typically be set out in a written agreement. We would anticipate these to be similar to those described above for an agent for the consumer.
• Organiser : the travel agent will, of course, have to adhere to the duties set out in the Package Travel and Linked Travel Arrangements Regulations 2018.

If a travel agent acts as an agent for the principal, it will in general have no liability to the consumer in relation to the performance of the travel services (unless, of course, the travel agent is also an organiser). Provided that the travel agent is acting within the scope of its actual or apparent authority, the travel agent’s acts will be taken as those of the principal and no claim will lie against the travel agent. Further, there is an implied duty at common law on a principal to indemnify an agent against all liabilities incurred by the agent in the performance of lawful acts within the scope of the agent’s authority. The consumer must, usually, therefore, bring its claim against the principal. However, there may be particular circumstances in which the travel agent may be so liable, including:

• Collateral contract : in spite of the consumer’s claim lying against the principal under the contract for the supply of the travel service, it is possible that the travel agent may have agreed separate contractual obligations with the consumer. This might include, for instance, a situation in which the travel agent has offered credit to the consumer to pay for the holiday. It might also include more basic obligations set out in the travel agent’s contract with the consumer (eg in relation to handling amendment and booking requests). The agent will be bound by these obligations.
• Breach of promise of authority : where an agent enters into a contract on behalf of its principal, it is taken to promise that it has the authority to do so. This is generally taken to be a contractual promise, and so if it transpired that the travel agent did not have the authority to make the contract, the consumer could bring a claim against the travel agent on this basis.
• Tort : the agent may be liable in tort on general legal principles.

Part one :  The different types of ‘agents’

Part two :  Travel agency law and what you need to know

Part three : The status of the principal

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• Travel Agency Disclosure and Your Agency

This article discusses an element of civil code known as Agency Law. The purpose of this article is to simply introduce the reader to laws that may affect their business as a travel agent and does not intend to offer legal advise. As in all legal matters the person to turn to for advise is your legal professional. The author of this article is not a legal professional.

Let’s start by asking a simple question.

What is a Travel Agent? The most common term for someone who sells travel is “Travel Agent”, but legally what does this mean? The term “Agent” means that you are acting on someone’s behalf, known as a “Principal”. A “Principal” that an agent represents may be a supplier, a client, or another third party. An “Agent” may represent a supplier, a client or another third party, two of the three, or all three at the same time.

What is “Agency” and how is it established? Here is a definition of “Agency” from Blacks Law Dictionary.

‘A relationship, created either by express or implied contract or by law, whereby one party (called the principal or constituent) delegates the transaction of some lawful business or the authority to do certain acts for him or in relation to his rights or property, with more or less discretionary power, to another person (called the agent, attorney, proxy, or delegate) who undertakes to manage the affair and render him an account thereof.’

What is Agency Law? It is the law regarding a Principal and an Agent. The law defines establishment and responsibilities of principal and agent. The law also defines element of “control” between principal and agent and it provides for the duties and termination of agency. Finally the Law defines legal responsibility of Principals and Agent.

What is a Fiduciary? The most common is a trustee of a trust, but fiduciaries can include business advisers, attorneys, guardians, administrators of estates, real estate agents, bankers, stock brokers, title companies, or anyone who undertakes to assist someone who places complete confidence and trust in that person or company.

A fiduciary is held to a standard of conduct and trust far above that of a stranger or of a casual business person. It is the highest possible standard of care in business. A fiduciary must avoid “self-dealing” or “conflicts of interests” in which the potential benefit to the fiduciary is in conflict with what is best for the person who trusts him/her/it. For example, a stockbroker must consider the best investment for the client, and not buy or sell on the basis of what brings him/her the highest commission.

Whose agent is a travel agent? Before the Airline Deregulation Act of 1981, travel agents were appointed by the Air Traffic Conference who executed an “Agency Sales Agreement: with travel agents that defined a travel agent’s duties and obligations to the ATC;s member carriers.

The Agreement imposed a fiduciary obligation upon the appointed travel agents. Today, the Airline Reporting Corporation (ARC) continues appointing travel agents and executing the “Agency Reporting Agreement” on behalf of its member airlines imposing a fiduciary responsibility upon its appointed travel agents.

Travel agents must adhere to the standards as set forth in Agreement and are held liable for any deviation of the standards. As an example, a travel agent that sells a client a “Hidden City Fare” to save the client money, will be charged the difference between the fare and the fare they should have sold. The agent breached their fiduciary obligation to the airline and will have to pay the debit memo.

Travel agents act as agents for the supplier who is the principal in the transaction.

What About the Client? Remember that the definition of an agent is ‘A Relationship, Created Either by Express or Implied Contract“

Let’s say that the name of an agent’s agency is “Your Travel Agent” A new client visits the agency and asks “Are you MY Travel Agent?” The agent responds “Yes, I am YOUR travel agent?” In this case it would seem that the agent is implying that they are entering into an agent / principal relationship with the client.

The client would have every reason to believer the agent has a fiduciary responsibility to them,

H ere are the differences in the relationship with the client As an agent of the supplier, you only have to be fair and honest with the client. You can’t cheat or grossly misrepresent information to the client. It is very difficult for a client to bring a lawsuit successfully when your agency relationship as an agent of the supplier has been disclosed.

As an agent for the client, you are held to a much higher standard of care for the client’s arrangements. If something goes wrong and you either knew or should have known about it, the client can sue using a claim of Breach of Fiduciary and be awarded substantial damages.

Here is how to Use Agency Disclosure Notices. * Always have your clients sign it in writing * Introduce it at the beginning of a conversation * Have Your attorney prepare it for you as each state’s agency laws are different. * You can find samples of Agency Disclosure Agreements in the Forms and Documents Group at TravelProfessionalCommunity.com

So, let’s recap the most important points. * Agency Relationships may be created by implication * Travel Agents are generally agents for the supplier * Agency disclosure notices should be in writing and signed by every client.

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Travel Waivers: Protect Your Travel Agency

This article contains some great free info! It also contains an affiliate link. You can read our full (and I daresay the most fun)  affiliate disclosure here .

There are a lot of things you learn when you’re a travel agent. One of the most common lessons is that having clients sign a travel waiver form is essential to protect yourself, your clients, and your agency. And sadly, that’s a lesson often learned the hard way. No matter how great a travel agent you are, misunderstandings happen. Accidents happen. Things happen. 😬

How will a waiver protect you? Take it from travel attorney Chun T. Wright :

A waiver can help:

• Educate travelers and participants about the risks of travel (and screen out travelers who are not suited to the trip), and
• Protect you and your business from legal claims that range from minor mishaps (e.g. small injuries) to catastrophic events (e.g., death).

With Wright's expertise, we're going to walk you through everything you need to know about travel waivers. And we're even going to give you a free travel waiver you can add to your website that just needs to be customized to your agency. That's right! We've done all the hard work for you. You just need to put in your travel agency name and logo, and it's ready to go!

Having clients sign a travel waiver form is essential to protect yourself, your clients, and your agency

Below is a list of items to consider including in your travel waiver(s). If you already know what you want, use the links below to fast-forward to the types of waiver verbiage you're looking for!

⭐️ HAR ARTICLE HIGHLIGHTS: ⭐️

• 8 Travel Agency Terms & Conditions, Waivers & Disclaimers

5 Items to Consider For Your Liability Waiver

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8 Travel Agency Terms & Conditions, Waivers & Disclaimers to Protect Your Agency!

Below is a list of disclaimers that you could include either in one of your waivers or in your travel agency terms and conditions. The best way to figure out what works best for your agency is to consult with a travel attorney .

Here's what to consider:

Pre-Booking Disclaimers: Prices and costs can change and your client needs to understand that possibility! A pre-booking disclaimer will help.

Waiver to Verify Trips Details are Correct : This section discusses which trip details your clients need to sign off on (even though you went over your client's itinerary with a fine-tooth comb).

Waiver to Verify Client has Documents they Need: How incredibly sad would it be if your clients sailed into port of a cruise destination only to realize they didn't have the proper visa to disembark? According to Wright, "This waiver will ensure the clients know that it is their responsibility to ensure that they have the proper documents (passports, visas) and vaccinations and that they meet all other entry requirements."

Waiver to Verify You Offered Travel Insurance : It's your client's prerogative if they decline travel insurance, but it's your prerogative to make sure they verify that:

• You offered travel insurance in the first place or encouraged them to purchase it, and
• Whether they secured travel insurance or not.

HAR's Free Trip Confirmation Form: A free client-facing form making sure you've got your bases covered. Copy it over to your site with a click of the mouse!

DIY Waivers: Here's a list of programs you can use to create free waivers for your agency.

Waiver to acknowledge that you charge fees: If you charge fees, mentioning it in your waiver or disclaimer will save any misunderstandings between you and your client. Wright adds that "If a portion of the trip cost is for your fees, say so. Otherwise, this could complicate refund claims."

Liability Waiver that limits your risks: The next one is so important that it necessitates its own section with a legal take from Wright.

Below, Wright breaks down the importance of a liability waiver and what it may include.

1. A list of the representative inherent risks and any special risks of a trip and activities that are included. Risks of travel may include venturing into remote areas with lack of access to medical facilities, having to be quarantined, getting a virus or illness, encountering roads and other infrastructure that may not be to the same standards as the traveler's home country, and so on.

2. A responsibility statement that you are not responsible for the actions/inactions of your suppliers.

3. A release clause in which the participant or travelers expressly releases your business from claims for damages related to the risks of their trip and/or activities. This clause often begins with this or similar language: "I, the traveler RELEASE, DISCHARGE, COVENANT NOT TO SUE AND HOLD HARMLESS Business A and its [list of all who are released]."

Be sure to categorically identify all individuals and entities that should be included in the release, e.g., owners, officers, employees, agents, representatives, related entities, independent contracts/sales representatives, volunteers, successors and assigns.

"Successors and assigns" are often missing in liability waivers but if you change your business entity or sell your business, a liability release that omits "successors and assigns" may not cover the new entity or successor business. This clause should stand out; use bolded language, larger type and/or a different font to ensure that the traveler/participant's attention is drawn to it.

4. An express voluntary assumption of the risk clause that states that the traveler understands and voluntarily assumes the risks, both known and unknown, associated with the trip or activity.

5. A forum selection, venue, and choice of law provision. This provision sets out where disputes will be brought (your location will typically be preferred), what forum (e.g., state or federal court or arbitration), and what law will govern.

Pre-Booking Disclaimers—Quoted Prices May Change!

We’ll start from the beginning: It’s a best practice to state on your quote that you can’t guarantee your pricing and costs (unless of course, you have locked in rates).

While I can’t think of why (or how) someone would sue you for sending a quote and then having that quote change, I think it's important to mention it to avoid having an angry client. "And while they might not sue you," warns Wright, "they could report you to your local consumer protection agency which will in turn ask you to explain why your actions were not deceptive."

If you’re giving prices over the phone, best practice is to send a follow-up email/quote with the pricing and disclaimer. Set the relationship up for success by making sure you’re all on the same page.

Mention that prices are subject to change in the email body, the itinerary quote, or add something similar to below in your email signature:

**** Please Note: All prices are subject to change and are based on availability. ****

The email signature is especially nice because you won’t ever forget to mention it; it’s already written for you every time! 1

This is a side note, but also worth mentioning. Seller of Travel regulations in certain states dictates in certain situations that the SOT number must be listed on certain items (quotes, marketing materials, etc.). Seller of Travel Laws can be a real doozie, so make sure you read up on Seller of Travel Requirements here .

5 Components to Travel Agency Waivers

You’ve got them booked, congrats! 

Now is where you need to be extra careful to make sure you’ve given the client all necessary information and to leave a paper trail showing you did so. This is where the rubber hits the road folks. Get your racing gear on!

Once you've made that booking, let's go over the information that needs to be double/triple/quadruple checked to make sure it's accurate and that you've disclosed everything to your client.

1. Correct names/dates/times/flights/car/hotels

Whoops. Stephanie with a ‘y’ when it was an 'ie'. Or you booked them on the wrong dates.

These are all things that can cause headaches later on if you haven't stressed to your client the importance of looking over their itinerary to make sure everything looks okay.

In your travel waiver, let clients know they are responsible for looking over their itinerary and making sure everything is correct.

Sample verification reminder from a real travel agency:

Please check the attached information upon receipt and verify all information is correct. [YOUR AGENCY NAME] will not be responsible for omissions or errors if not brought to my attention immediately. Payment must be received by the due date to avoid vendor cancellation.

There are a ZILLION ways for travel agencies to ensure they have some documentation that the client looked over the itinerary and knew to look for any mistakes. Here's just one example:

2. Documentation

It goes beyond checking the itinerary to make sure everything is correct. Here's more important information you need to make sure your client knows:

• taking kids out of the country without both parents;
• documents for getting married outside the US.

Knowing this stuff and communicating it to your client is part of your job as a travel agent.

If you're not exactly sure what your responsibilities are to your clients, you might find it helpful to read this article by travel attorney Mark Pestronk discussing  your duties to clients . Canadian agents may find this article helpful,  TICO regulations  by Pestronk.

Here's a sample documentation waiver from a real travel agency:

"DOCUMENTATION: U.S. citizens traveling to any destination outside of the United States will be required to present a valid U.S. passport. Passports must be valid for 6 months past the return date. Some countries require a visa for transit or entry. Passengers are responsible to ensure that they have all the proper documents for entry. All names on documents must match the legal name on your photo I.D., and travel document information must match tickets. Please check the State Department website at https://travel.state.gov for further information. Immunizations may also be required. Failure to comply with these regulations may result in denied boarding, denied entry, and/or government-imposed fines. If you are a citizen of another country, there may be additional requirements. Check with the nearest consulate or embassy of the destination you are traveling to and find out the entry requirements for non-U.S. citizens."

3. Travel insurance was offered

Veterans agents, you know this, but newbies, make sure you offer travel insurance to every. single. client.

At my previous host agency, I worked with agencies that hadn’t offered travel insurance (or didn’t have documentation proving they had) and the unhappy clients were suing the agent to get their money back. Best case scenario, Errors & Omissions (E&O) insurance covers the legal fees to fight the lawsuit.

Worst case scenario? You end up with a very hefty legal bill because you didn't have documentation that you offered travel insurance to your client.

You are the travel expert; that’s your value. Part of being the expert is letting clients know travel insurance exists and the risks involved if they decline insurance.

Sample travel insurance waiver from a real travel agency:

"I assume and understand that there is a risk involved with my travel and my travel activities and/or excursions. I acknowledge that I was informed about my options but I declined the insurance."

Even better yet, email a quote through the insurance company's website so you have an electronic paper trail insurance was offered. Since they usually have an option to send reminder emails, it increases not only your paper trail but also the likelihood they'll purchase insurance.

When communicating (verbal or written) with clients,  offer/recommend  travel insurance; do not  sell  travel insurance.

And here's some words of advice from travel insurance companies that want to protect you against travel insurance licensing problems : When communicating (verbal or written) with clients,  offer/recommend  travel insurance; do not  sell  travel insurance.

Repeat after me: I am a travel expert, not an insurance expert. 

4. Fee DISCLOSUREs

Next up? Fees!

Making sure your clients understand what fees are involved in working with you is key to the client having a positive experience. Whether they're your fees or a supplier's fee, ensure your client understands when those fees kick in and what the amount is.

Cancellation and change fees may vary based on when they cancel and other factors, so listing specific amounts may not be a possibility. But, you should alert the traveler to the possibility of fees for changes or cancellations to the booking.

If it’s a group, you may already have the specific fees in the contract. Even then, it’s important to have a waiver for each booking since the person who signed the contract may not have shared that information with the group.

Sample fee disclosure from a real travel agency:

5. Legal Jargon (AKA: Blanket statement)

Our last component to your travel wavier? This one is the blanket statement.

Sample travel waiver from a real travel agency:

"[YOUR AGENCY] offers retail travel services to customers, which are provided by separate and independent vendors of travel services. [YOUR AGENCY] does not operate, control, or otherwise provide the services of the independent travel vendors. Hence, customer agrees that [YOUR AGENCY] acts only as agent for the client in acquiring transportation, hotel accommodations, sightseeing, and other privileges, or services for the clients’ benefit, and on the express condition that [YOUR AGENCY] shall not be responsible for any loss, accident, injury, delay, defect, omission or irregularity which may occur or be occasioned, whether by reason of any act, negligence or default of any company or person engaged in or responsible for carrying out any of the arrangements, or otherwise in connection there with."

Free Travel Waiver: Trip Details Confirmation Form

That wasn't so bad was it? :) But we can do even better. Let's whip a travel waiver form for you right now!

The icing on the cupcake is that we've already made a Trip Details Confirmation Form for you! It makes it easy for clients to verify crucial details of their upcoming trip and goes over all the travel waiver points we just discussed.

• Travelers' legal names spelt correctly? ✔️
• Dates of travel and departure/arrival city correct? ✔️
• Passport good for 6 months after they return home? ✔️
• Travel insurance was offered? ✔️
• Disclosed to clients visa/vaccination requirements? ✔️
• Made sure your clients have read and signed that they understood all of this? ✔️

You can brand our trip confirmation details form to your agency and share it with your clients in a jiffy! The form includes a signature field for your clients to verify that all the above information is accurate so you can have it on file.

There's more where that came from, too! We have more free travel agent forms  and a couple of tutorials about customizing them to reflect your unique brand. :)

Where to Create Your Online Travel Waiver Form

Okay, I hope this isn't the case anymore, but if you are sending out paper travel waiver forms for your clients to sign, let's stop that. Having clients sign paper forms is sooooooo 2012. ;)

Our free travel waiver form from the previous section shows you how handy and professional an online waiver can be. But . . . if you're more of a DIY-er and want to build your travel waiver from the ground up, no problem!

Here's some agency-specific software with built-in form builders:

• Cost: $0-55/mo
• Cost: $32-39/mo depending on if you pay annually or monthly
• Cost: $35-49/mo depending on if you pay annually or monthly
• Cost: $25-30/mo depending on if you pay annually or monthly
• Cost: Individually priced based on agency's needs.
• Jotform (Non-agency specific software) - While not an agency-specific form builder, it does everything you'll need (including getting client signatures)... for free!
• Cost: Free Plan (downside? Very little. The free plan comes with everything the paid plans offer as well as unlimited fields. It even includes e-signatures and payment integrations for clients!) The next plan up is the Bronze Plan: $24/month (annual plan).

Note: We have used Cognito Forms in the past but had a pretty terrible experience with their customer service and no longer recommend them.

If you know of any other options or have thoughts on the above, I'd love to hear them in the comments below!

Working with a Travel Attorney to Customize Terms and Conditions, Waivers and Disclaimers for Your Agency

Now, we spoke with multiple travel agencies on how they protect themselves with travel waivers.

There is A TON of value in the cumulative knowledge from agencies that have already ‘been there, done that.’ In the end, though, they're travel advisors and not travel attorneys.

The needs of an adventure-focused travel advisor will not be the same as those who focus on student group travel. Who can help you finetune your travel agency's terms and conditions, travel waivers and disclaimers? A travel attorney. Get a travel attorney to look at your final waiver .

According to Wright "Travel attorneys will customize the waiver to your locale, ensure that it is complete, and advise you on issues that are important that you may not have thought about (e.g., “forum selection,” “venue, and “choice of law”). An experienced travel attorney will be an invaluable part of your advisory team. They can help you avoid issues and respond to any problems that do come up."

The Icing on the Cake: Overseas Travel Checklist and Tips

Julie, the owner of an agency specializing in Europe, shared her "Overseas Travel Checklist and Tips" form she sends to clients. It’s an amazing source of information and exactly how you can show your value as a travel agent, by giving them a little extra.

The best part? You create it one time and clients continue to be thankful for the extra resources you're providing to them for all eternity! Win-win.

And heck, we like lots of icing on our cake! So here's some more:

Sending waivers is helpful, but a signature of acknowledgement is your best defense.

Travel attorney Jonathan Howe says that simply sending the waivers is helpful if you ever need to defend yourself, but a signature of acknowledgment is really your best defense.

He also recommended sending an acknowledgment with a copy of the waiver. It doesn’t need to be complex, just a “Thank you we received your waiver, a copy of which is attached”.

Most form builders will have the functionality to send auto-emails to you and the client, acknowledging you've received the form.

And you know, we just can't help ourselves. Here are few more legal resources for your travel biz:  

• Check out Travel Lawyer Mark Pestronk's free legal document templates here
• Here's a fantastic guide by Managed Insurance Services on limiting your agency's liability . This baby is written in plain English. *high five* (Thanks to Joe Matteis for sharing)

Wow. Thank You!

A huge thank you to Chun T. Wright for her legal expertise We also offer major trophies to the advisors who let us take a peek behind the curtain for their excellent waivers. Jodie Swartz Jones, Nyla Bridges, and Julie Lay Conway shared their various waivers, disclaimers, and checklists for this article.

If you've got some knowledge or tips on travel waivers to pass along to other travel advisors, we'd love to hear it in the comments below!

Editor’s Note: This article was originally published in January 2013 and was completely updated and revamped on publish date listed. Enjoy!

•  Speaking of covering yourself, I need an obligatory disclaimer here! I am not an attorney.  You'll want to check everything over with one. :) ↩

About the Author

Steph grew up in the travel industry, helping on and off with her mom's homebased travel agency. She has worked with thousands of agents in her role as a former host agency director before leaving in 2012 to start HAR. She's insatiably curious, loves her pups Fennec and Orion, and -- in case you haven't noticed -- is pretty quirky and free-spirited.

If you’re looking for Steph, she leaves a trace where ever she goes! You can find her on Facebook, Instagram, LinkedIn (her fav) and Pinterest as 'iamstephly'. 🙂 You can also catch her on her Substack, Bumblin' Around, where she writes on things outside the world of HAR.

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Are you a target for Consumer Claims?

• The Tourism Industry covers an extraordinary range of services.
• The services are supplied to consumers by a series of participants, who are linked in a complex web of relationships.
• The objective of this presentation is to discuss and devise strategies for Travel Agents, Tour Operators, Airlines, Railway Operators and Accommodation Providers to use for their protection from consumer claims.
• Travel by air, land or sea,
• Accommodation
• Ancillary services such as excursions, entertainment, food & beverages
• is the promise a part of the contract?
• is the promise "mere puff"?
• is there a breach of the promise?
• are the booking conditions effective to exclude liability?
• Misleading Conduct is actionable under Section 52 of the Trade Practices Act (4) or Section 42 of the Fair Trading Act (5)
• Misleading representations & statements are actionable under Sections 53, 54, 55A & 58 of the Trade Practices Act or the corresponding sections of the Fair Trading Act.
• The Warsaw Convention for airlines
• The Athens Convention for cruise ships
• The Motor Accident Legislation for travel by road
• The Innkeeper's Act for hotels and resorts
• The EU Directive on Package Travel for visitors to Europe or from Europe.
• The Travel Agents Acts (6) and Tourism Services Act (7)
• Failure to warn or provide signage
• Failure to provide safe passage or secure physical environ
• The filing fee for an Application is $28
• The semi-formal nature of the proceedings including for the giving of evidence
• The fact that the jurisdiction is up to $25,000
• The fact that costs are not awarded against the losing party, unless the Application was frivolous or misconceived.
• The fact that legal representation is not permissible unless the claim exceeds $10,000, except in exceptional circumstances.
• Before the booking is made, they should check the accuracy of the advice they give
• When making the booking, they should be concerned that the travel arrangements are safe and the bookings are made as instructed
• After the booking has been made, they should confirm the booking arrangements accurately and provide warnings on charges and safety.
• Country- specific advice on risks to Australian Travellers overseas
• General advice on World-wide risks to Australians overseas
• Countries for which it advises against all travel (19)
• Countries for which it advises against non-essential travel (20)
• Provide travellers with DFAT Consular Travel Advice
• Encourage travellers to take out adequate travel insurance; and
• Generally assist travellers in preparing for travel as well as promoting safe travel.
• be found in the brochure and displayed on the booking form. The booking form is to be an offer signed by the Consumer, submitted for acceptance by the Tour Operator.
• be flexible enough to cover the possible variations and cancellations to the tour, in terms of accommodation, meals, excursions, and the like and be consistent with travel insurance commonly available, especially for cancellations and inability to continue the tour.
• clearly delineate the responsibilities of the tour operator, particularly for injury and death during the tour, and the responsibilities of the suppliers (and the applicability of the supplier's conditions).
• No foreseeability: "I am of the opinion that the only advice that could of been given by a competent lawyer is that neither the Tour Operator nor the Travel Agent could, in law, have relevantly foreseen that the failure to allow the appellant [Kolavo] to have a separate room (and assuming one was available) would lead to her being assaulted by Mrs Krueger. In my opinion, foreseeability in the relevant sense was not even arguable."
• No implied term: "I am of the opinion that the contract between the appellant [Kolavo] and the Tour Operator and/or Travel Agent (assuming the contract was with both) contained no implied term to the effect "the tour operator should take reasonable steps to provide accommodation (if available)..." Should she make a reasonable complaint as to the suitability of her accommodation sharer". The Court said that such a term should not be implied because it was "unreasonable; it was unnecessary to give business efficacy to the arrangement... and would contradict other terms of the contract."
• Tour Conditions: The Court did not need to deal with the tour conditions, but made it clear that their presence was effective to counter the argument of an implied term. For the record, the relevant condition was: "The company shall in no circumstances whatsoever be liable to the client or any person travelling with him for- any death, personal injury, sickness, accident, loss, delay, increased expense, consequential loss or any misadventure howsoever caused;...In this condition "howsoever caused" includes negligence on the part of any person".
• The common law principles of negligence (ie the seating and flying conditions and failure to warn) are not to be imported into Article 17. To claim under Article 17, all that is needed is to prove that an injury was sustained on board the aircraft, or whilst boarding or disembarking. The Warsaw Convention represents an exclusive charter for claims, excluding the common law. One important aspect of this is that all claims must be lodged within 2 years of the event. (30)
• If an injury is proven, then the airlines can argue the defences in Article 20. Article 20.1- "The carrier is not liable if he proves that he and his servants and agents have taken all necessary measures to avoid the damage or that it was impossible for him or them to take such measures.”
• Departures and check-in times
• Fare details and refunds
• Cancellation fees, variation fees, re-ticketing fees.
• Changing bookings- procedures and charges
• Baggage allowances & prohibited items
• Privacy Notice
• Airlines adopt the practice of finding seating on another carrier's aircraft where they are unable to complete a flight. The only conclusion to be drawn in this case is that Garuda deliberately chose not to do so, to avoid paying the inter-carrier charge.
• Cancellations of flights for security (terrorism) reasons are becoming more common since September 11.
• The bar fridge was not "well stocked" with complimentary refreshments as promised.
• The "double bed" was only 112cms wide, not the standard width of 135-138cms, as a result of which one of them slept on the fold down single bed in the cabin.
• The phrase "enjoy a movie on your own private video player" was not correct, because of the unavailability of videos.
• The standard of the room in terms of furnishings, fitout, bathroom, air conditioning is not as pictured or as represented.
• The aspect or view from the room not being as pictured or represented
• The location of the hotel or resort is not as pictured or as represented.
• The facilities available in the hotel or resort such as swimming pool, spa and sauna, gymnasium, breakfast bar, restaurants are not as pictured or represented.
• The access to attractions and facilities from the hotel or resort, such as beaches, shopping, theme parks is not as pictured or represented.
• Accommodation Providers will generally be found liable in these instances unless they provide strong evidence, such as a contemporaneous reports with photographs, reports and the like, and send a representative to give evidence at the hearing.
• It is fortunate for the accommodation provider that the Applicants did not have legal advice, otherwise they could have recovered the airfare and damages for loss of enjoyment as well.
• Definition of "consumer" in Consumer Claims Act 1998 is found in s.3, namely "consumer means: (a) a natural person; or (b) a firm; or (c) a small proprietary company... to whom or to which a supplier has supplied or agreed to supply goods or services, whether under a contract or not... ‘
• Definition of ‘business of a travel agent" from Travel Agents Act 1986 (NSW) is "...the carrying on of any one or more of the following activities as a business: (a) selling tickets entitling another person to travel, or otherwise arranging for another person a right of passage, on a conveyance...; or (b) selling to, or arranging or making available for, another person rights of passage to, and hotel or other accommodation at one or more places...whether within or outside the state; or (c) purchasing for resale the right of passage on a conveyance ...; or (d) advertising a willingness to sell tickets [entitling people to travel etc] or selling rights of passage and accommodation [etc] or purchasing for resale rights of passage [that is, advertising any of the activities set out above]”
• Definition of "package" from UK Package Travel Regulations implementing the EU Directive on package travel. 'Package': means the pre-arranged combination of two of the following three services sold (or offered for sale) at an inclusive price: (a) transport; (b) accommodation; (c) other tourist services.
• Trade Practices Act, 1974 (Commonwealth) was introduced to provide consumer protection on an Australia wide basis. Consumer claims are limited to be made against corporations. The Act is administered by the Australian Consumer and Competition Commission (the "ACCC").
• The Fair Trading Act 1987 (NSW) is NSW legislation (which is replicated in each state) to mirror the Trade Practices Act in terms of consumer protection but which enables claims to be made against persons. The Act is administered by the NSW Department of Fair Trading in NSW and by equivalent departments in other states. Fair Trading Act 1987 (NSW), Fair Trading Act 1985 (Vic), Fair Trading Act 1987 (SA), Fair Trading Act 1987 (WA), Fair Trading Act 1990 (Tas), Fair Trading Act 1992 (ACT), Consumer Affairs and Fair Trading Act 1990 (NT), Fair Trading Act 1989 (Qld).
• Each State has its own Travel Agents Act, regulation being on a state by state basis, but with a jointly administered compensation fund, the Travel Compensation Fund (the "TCF"). The Acts are: The Travel Agents Act 1986 (NSW), The Travel Agents Act 1986 (Vic), The Travel Agents Act 1986 (SA), The Travel Agents Act 1985 (WA), the Travel Agents Act 1987 (Tas), The Travel Agents Act 1988 (Qld) and The Travel Agents Act 1968 (ACT).
• Queensland alone amongst the States has extended its regulation of the Tourism Industry by enacting The Tourism Services Act 2003 (Qld) to apply to inbound tour operators and tour guides.
• The Guide is found at the ACCC website: www.accc.gov.au/BusinessRights&Obligations/publications
• AFTA was established in 1957. Its membership consists of travel agents, tour operators, wholesalers and others in the travel industry throughout Australia. Its members write 90% of the travel industry turnover in Australia. See www.afta.com.au
• The Consumer, Trader and Tenancy Tribunal Act 2001 (NSW) Decisions are to be found on www.fairtrading.nsw.gov.au/tribunal/Tribunal decisions
• Cross & Cross -v- Flight Centre Limited t/as Flight Centre [2003] NSW CTTT 681 (7 October 2003)
• Doolan -v- Air New Zealand Ltd; Jetset Tours Pty Ltd (1978) ATPR 40-082 Federal Court of Australia. See also Dawson –v- World Travel Headquarters Pty Ltd (1981) 53 FLR 455; ATPR 40-193
• Grigg & Grandsimon -v- Qantas Ltd, Flight Centre Ltd & Air France [2002] NSW CTTT 159 (7 June 2002)
• Aboss -v- Gitani Travel Agency Pty Ltd & Abu Baker Al-Sedik Islamic Society [2002] NSW CTTT 759 (9 January 2002).
• L & V Morlin -v- Overseas Travel Service Pty LTD [2003] NSW CTTT 620 (5 September 2003)
• The "Molly Meldrum" incident where he ticked "business purpose" on his entry card whilst having a passport which was not stamped with a business visa. This resulted in his being denied entry into the USA and having to return to Australia on the next flight. It was not reported if he was claiming compensation.
• Edgar -v- Jokalt Pty Ltd & Grove Travel Pty Ltd [2002] NSW CTTT 65 (26 April 2002) See also Tretska, Carlton & Tretska -v- Menon Brothers Travel t/as Traveland Epping and Autohome Rentals International Pty Ltd [2002] NSW CTTT94 (15 May 2002) where an award of $7,484.87 was made because the campervan was not in good repair, was not registered and was not suitable for the applicants’ needs for bathroom and cooking facilities and a fridge.
• Steiner -v- Magic Carpet Tours Pty Ltd; East Holidays Pty Ltd & V J Ireland ( Federal Court of Australia) (1984) ATPR 40-490. Appeal (1985) ATPR 40-581.
• As at 24th January 2004- Afghanistan, Burundi, Iraq, Liberia, Pakistan, Somalia.
• As at 24th January 2004 – Algeria, Central African Republic, Columbia, Haiti, Indonesia (including Bali), Ivory Coast, Kenya, Saudi Arabia, Sudan, Turkey, Yemen.
• The IEC disputes resolution section publishes reports of its decisions annually. The reports on travel insurance highlight the fact that for baggage "left unattended in a public place and for medical claims "pre-existing illnesses" are common areas of dispute
• Kolavo -v- Pitsikas (t/as Comino and Pitsikas) & Anor [2003] NSW CA 59 (1 April 2003) - the professional negligence decisions.
• Andrews -v- John Gilbert Francis t/as Silver Fox Tours & World Travel and Sports Holidays Pty Ltd t/as Dynamic World Travel Service [2002] NSW CTTT 207 (25 June 2002)
• White –v- Holloway [2003] NSW CTTT 680 (7 October 2003)
• Young –v- Qantas Airways, Qantas Travel & Trafalgar Tours (Aust) Pty Ltd [2003] NSW CTTT 198 (20 February 2003).
• Doherty -v- Traveland Pty Ltd & Associated Travel Pty Ltd (1982) ATPR 40-323 Federal Court of Australia.
• The full title as applies in Australia is The Warsaw Convention on Unification of Certain Rules Applying to International Carriage by Air 1929 as amended by The Hague Protocol 1955 and by Protocol No 4 of Montreal 1975.

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Rusmania • Deep into Russia

Out of the Centre

Savvino-storozhevsky monastery and museum.

Zvenigorod's most famous sight is the Savvino-Storozhevsky Monastery, which was founded in 1398 by the monk Savva from the Troitse-Sergieva Lavra, at the invitation and with the support of Prince Yury Dmitrievich of Zvenigorod. Savva was later canonised as St Sabbas (Savva) of Storozhev. The monastery late flourished under the reign of Tsar Alexis, who chose the monastery as his family church and often went on pilgrimage there and made lots of donations to it. Most of the monastery’s buildings date from this time. The monastery is heavily fortified with thick walls and six towers, the most impressive of which is the Krasny Tower which also serves as the eastern entrance. The monastery was closed in 1918 and only reopened in 1995. In 1998 Patriarch Alexius II took part in a service to return the relics of St Sabbas to the monastery. Today the monastery has the status of a stauropegic monastery, which is second in status to a lavra. In addition to being a working monastery, it also holds the Zvenigorod Historical, Architectural and Art Museum.

Belfry and Neighbouring Churches

Located near the main entrance is the monastery's belfry which is perhaps the calling card of the monastery due to its uniqueness. It was built in the 1650s and the St Sergius of Radonezh’s Church was opened on the middle tier in the mid-17th century, although it was originally dedicated to the Trinity. The belfry's 35-tonne Great Bladgovestny Bell fell in 1941 and was only restored and returned in 2003. Attached to the belfry is a large refectory and the Transfiguration Church, both of which were built on the orders of Tsar Alexis in the 1650s.  

To the left of the belfry is another, smaller, refectory which is attached to the Trinity Gate-Church, which was also constructed in the 1650s on the orders of Tsar Alexis who made it his own family church. The church is elaborately decorated with colourful trims and underneath the archway is a beautiful 19th century fresco.

Nativity of Virgin Mary Cathedral

The Nativity of Virgin Mary Cathedral is the oldest building in the monastery and among the oldest buildings in the Moscow Region. It was built between 1404 and 1405 during the lifetime of St Sabbas and using the funds of Prince Yury of Zvenigorod. The white-stone cathedral is a standard four-pillar design with a single golden dome. After the death of St Sabbas he was interred in the cathedral and a new altar dedicated to him was added.

Under the reign of Tsar Alexis the cathedral was decorated with frescoes by Stepan Ryazanets, some of which remain today. Tsar Alexis also presented the cathedral with a five-tier iconostasis, the top row of icons have been preserved.

Tsaritsa's Chambers

The Nativity of Virgin Mary Cathedral is located between the Tsaritsa's Chambers of the left and the Palace of Tsar Alexis on the right. The Tsaritsa's Chambers were built in the mid-17th century for the wife of Tsar Alexey - Tsaritsa Maria Ilinichna Miloskavskaya. The design of the building is influenced by the ancient Russian architectural style. Is prettier than the Tsar's chambers opposite, being red in colour with elaborately decorated window frames and entrance.

At present the Tsaritsa's Chambers houses the Zvenigorod Historical, Architectural and Art Museum. Among its displays is an accurate recreation of the interior of a noble lady's chambers including furniture, decorations and a decorated tiled oven, and an exhibition on the history of Zvenigorod and the monastery.

Palace of Tsar Alexis

The Palace of Tsar Alexis was built in the 1650s and is now one of the best surviving examples of non-religious architecture of that era. It was built especially for Tsar Alexis who often visited the monastery on religious pilgrimages. Its most striking feature is its pretty row of nine chimney spouts which resemble towers.

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Amazon is now giving all its UK customers - not just Prime members - access to its grocery delivery service.

People living in more than 100 towns and cities will also be able to access same-day delivery without needing to be a member of its subscription service. 

This covers items from Amazon Fresh, Morrisons, Co-op and Iceland. 

It comes amid efforts from the online giant to grow its grocery business in the face of tough competition within the sector.

Prime members, who used to be the only ones who could access the service, will be given more delivery options and free shipping, subject to a minimum spend. 

US regulators are investigating the notorious meme stock investor known online as Roaring Kitty.

Keith Gill shot to fame in 2021 after he fuelled a buying spree of shares in beleaguered video game retailer GameStop. The stock passed $120 from as little as $3 in three months and saw hedge funds' positions rack up big losses.

Gill returned to online chat forum Reddit on Sunday with a post revealing he had a $116m (£90.8m) position in GameStop, telling his followers that he controlled 1.8% of the company's available stock plus call options that gave him the right to buy more.

This fuelled investor confidence in GameStop, with its market value surging as much as 75% before settling around 30% higher.

Gill's trading activities are now being examined by the Massachusetts securities regulator, while the e-trade division of US bank Morgan Stanley is considering banning Gill from its platform, according to the Wall Street Journal.

The renewed interest in GameStop has gathered plenty of momentum, as our business reporter James Sillars outlined here this week...

Some Lloyds, Halifax and the Bank of Scotland customers will be charged more to use their overdrafts as of August. 

The three major banks, which are all part of Lloyds Banking Group, are set to launch a new tiered system for determining interest rates which could see some customers paying an extra 10%. 

At the moment, Lloyds has a standard rate of 39.9%, but the overhaul will see some forced to pay 49.9% for using their overdraft. 

The new rates are set to be: 

The 27.5% rate currently being offered to Club Lloyds customers will also be axed. 

There will be specific criteria for each tier based on a customer's credit information and account activity. 

For those who will see a rise, the banks will introduce a temporary tier for six months, which means the initial impact will be no more than 7.4% of what they are paying at the moment. 

"We are writing to our customers to let them know we're introducing new interest rate tiers on our overdrafts," a Lloyds Banking Group spokesperson said.

"The changes mean many will continue to pay the same or less than they do today, while some may see an increase." 

Nvidia has overtaken Apple to become the world's second most valuable public company.

The AI microchip maker's share price has risen to be worth more than $3trn (£2.34trn) for the first time. 

Only Microsoft is a more valuable company listed on a stock exchange, while Apple has fallen into third place.

Nvidia shares rose 5% after a year of growth - with one share now costing $1,224.40 (£957).

Nvidia's chips are powering much of the rush into AI, which has seen it become a poster child of the AI boom.

Demand for its processors from the likes of Google, Microsoft and Facebook owner Meta have been outstripping supply. 

Nvidia's shares - up nearly 150% so far this year - are also being boosted by an upcoming move to split its stock by 10-to-one on Friday. 

Ian Coatsworth, investment analyst at AJ Bell, said the stock split will "bring its share price down and make it more affordable to investors". 

Tech companies - including Microsoft and Apple - have been racing to develop AI and embed it in their products.

Nvidia is a younger company than some of its peers, having been founded in 1993. Similar to many tech giants, it was founded in California in the US.

Britain is less likely to lose power this winter than it was last year, according to the company that runs the grid.

National Grid's Electricity System Operator (ESO) said it expects power plants, wind farms and other generation methods to be able to provide more than enough power to meet demand this time around. 

In an early outlook, it said the grid would have an average margin - the difference between supply of electricity and demand for it - of 5.6 gigawatts (GW) this coming winter. 

This means the period when demand might outstrip supply is just 0.1 hours.

The increased margins are in part because of improved capacity, thanks to a new 765km high-voltage cable that connects the UK's electricity network with Denmark.

The cable, called an interconnector, is known as the Viking Link, and started transporting wind power between the two countries in December.

New gas generation, growth in battery storage capacity and increased generation connected to the distribution networks have also contributed to the higher margins. 

Despite this, ESO's chief operating officer Kayte O'Neill has said it will still need to be "vigilant" due to uncertainties around global energy markets.

"As a prudent system operator we remain vigilant, continuing to monitor potential risks and working closely with our partners to establish any actions necessary to build resilience," she said.

The continent's energy system has been forced to reinvent itself in recent years, faced with potential gas shortages due to the war in Ukraine.

The 20 countries using the euro currency have seen interest rates cut from record highs following progress in the battle against inflation over the past two-and-a-half years.

The Frankfurt-based European Central Bank (ECB) said it was "appropriate" to trim its main deposit rate from 4% to 3.75%.

It followed an assertion last month by its president, Christine Lagarde, that the pace of price increases was now "under control".

But the Bank declared in a statement that the battle was not won - signalling data-driven caution on future policy decisions in the months ahead.

Its staff even revised upwards their forecasts for inflation this year and next.

As we have been discussing in Money this week, the cut before the US and UK could weaken the euro - potentially making Britons' holiday money go further.

McVitie's is selling a new flavour of Jaffa Cake - and it marks the first ever non-fruit flavour since the treat launched in 1927.

Shelves across the country will soon be stocked cola bottle flavoured cakes.

The new flavour will launch in Asda stores from 10 June and be available in other UK supermarkets - including Tesco, Sainsbury's, Morrisons, Iceland and Co-op - in the coming weeks.

Adam Woolf, marketing director at McVitie's, said: "Jaffa Cakes Cola Bottle is certainly one of our more unexpected product launches – stepping away from fruit flavours for the very first time. 

"Jaffa Cakes have always stood out from the crowd (and the biscuit aisle), but we really wanted to try something new with this one. It's no doubt going to cause some debate among our Jaffanatics, and we can't wait to hear what they think."

By  Sarah Taaffe-Maguire , business reporter

Are we entering an era of interest rate cuts? Probably not. Or at least, not yet. 

But the European Central Bank (ECB) which controls the euro currency does look set to make their first cut in four years this afternoon. 

And Canada yesterday became the first country in the club of G7 industrialised nations to bring down borrowing costs by lowering their benchmark interest rate. 

The UK, however, isn't currently expected by markets to make a cut until September. 

Elsewhere, oil prices remain below $80 but are slightly more expensive than earlier this week. A barrel of the benchmark Brent crude oil costs $79.10.

The good news for people going on holidays to countries using the euro continues - the pound is still doing well against the currency with £1 equal to €1.1757. 

That could go even higher after the ECB decision at 1.15pm. A pound also can buy $1.2783. 

Like in the US, the UK's most valuable companies have become more valuable as the FTSE (Financial Times Stock Exchange) 100 and 250 indices are up 0.33% and 0.41% respectively.

Every Thursday  Savings Champion founder Anna Bowes  gives an insight into the savings market and how to make the most of your money...

Can you believe we are almost halfway through 2024?

Although the rate rises that we have seen this year have slowed compared with the previous couple of years, and we have even seen some falls, savers are now able to find hundreds of savings accounts that pay an interest rate higher than inflation.

The latest data from the Office for National Statistics showed inflation was still higher than predicted, however - which means the anticipated base rate cut is likely to be pushed back again – into the second half of this year.

While bad news for borrowers, this is great news for savers.

Incredibly, the latest statistics from the Bank of England show there is over £253bn sitting in current accounts and savings accounts earning no interest at all.

With top rates available paying 5% or even a bit more, that is potentially £12.65bn of gross interest that is not being claimed by savers.

So now really is the time to move your money if you have cash languishing, earning less than inflation, especially if you can lock some away with a fixed rate, as a base rate cut will happen at some stage, we just don't know when.

Easy access

If you think you'll need access to your money, an easy access account is a wise choice.

The base rate cuts that we have been waiting for are yet to start, so the top rates on offer are still paying almost as much as they were at the beginning of the year.

Fixed-term bonds 

There is a strange phenomenon with fixed-term bond rates at the moment: the longer you tie up your cash, the lower the interest rates on offer.

Normally, you'd expect to be rewarded for tying up your cash over the longer term - but base rate forecasts have flipped this.

Fixed-term cash ISAs

A frequent complaint that I hear from savers is that the tax-free rates on ISAs are usually lower than the pre-tax rates on the equivalent non-ISA accounts – and this is particularly true with fixed-term accounts.

As many more savers are paying tax on their interest once again, cash ISAs are more popular than ever, as the tax-free rate of the ISA can still be considerably more than the interest earned after tax has been deducted on the non-ISA bond equivalents.

The renowned "50 Best" list of the world's best restaurants was revealed in Las Vegas last night - with a new restaurant taking top spot.

Disfrutar in Barcelona took the crown from Central in Lima, Peru (previous winners are ineligible and instead join a Best of the Best list).

Eating the standard menu costs £247 (€290) - with an extra £136 (€160) if you want the wine pairing.

To be fair, you do get around 30 courses.

They also offer a unique menu for your table for between €1,050 and €390 per person - the more people, the less it costs.

The 50 Best list says: "The combination of brilliantly imaginative dishes, unsurpassed technical mastery and playful presentation results in the dining experience of a lifetime, as full of surprises as it is memories."

Dishes include:

• Caviar-filled Panchino doughnut
• Frozen gazpacho sandwich
• Thai-style cuttlefish with coconut multi-spherical
• Squab with kombu spaghetti, almond and grape

Two UK restaurants made the top 50 but the UK was eclipsed by countries from across South America as well as Thailand, Italy, France and Spain.

London's Kol moved up slightly to 17, while Ikoyi, which we reported on a few weeks ago following a link-up with Uber Eats, came it at 42.

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