| TRAVEL
Q. Is overbooking by hotels a violation of my contract?
A. It is if you have paid in advance. Otherwise, the reservation
is just a "courtesy." Therefore,
it is often worth it to pay for a hotel reservation by credit card when
you make it. If you cancel
within a couple of days before the reservation date, you probably will
get a complete credit,
depending on the credit card company's arrangement with the hotel. Also,
many premium
credit card companies guarantee their cardholders' hotel rooms through
the evening if the
rooms are reserved with the card. (Contact the credit card company if
the hotel doesn't honor
your reservation.)
If your room is unavailable even after you speak to the manager, you could
have a
contract claim. But it probably won't be worthwhile to pursue it legally
because of the cost.
Perhaps the best advice is to request firmly that the hotel arrange suitable
alternate
accommodations for you.
Q. What about an airline bumping me off my flight?
A. Generally, even if you have paid in advance, you do not have
a contract to go at a certain
time. You only have a contract for a ticket for transport (or carriage)
to a certain city. You do,
however, have certain rights if you check in on time and have a confirmed
ticket. Federal
regulations require that if you get bumped against your wishes, the airline
must give you a
written statement, describing your rights and explaining how the airline
decides who gets on
an oversold flight and who does not.
Travelers who don't get on the flight are often entitled to an on-the-spot
payment as
compensation. The amount depends on the price of their ticket and the
length of the delay.
There's no compensation if the airline can arrange to get you on another
flight that is
scheduled to arrive at your destination within one hour of your originally
scheduled arrival
time. If, however, the substitute transportation is scheduled to arrive
more than one hour but
less than two hours after your original time of arrival, the airline must
pay you an amount
equal to the one-way fare to your final destination, up to $200. You're
entitled to up to $400 if
your substitute transportation will not arrive within two hours (four
hours for international
flights).
These rules have exceptions and conditions. "Fly-Rights" is
a pamphlet published by
the U.S. Department of Transportation. It contains a full discussion of
this and other areas of
airline law, and is available from the Superintendent of Documents, Order
Department, U.S.
Government Printing Office, Washington, D.C. 20402, telephone 202-783-3238.
The order
number is 050-000-00513-5 or at http://www.dot.gov/airconsumer/flyrights.htm.
You can also
click on http://www.dot.gov/airconsumer/customerservice.htm to see the
policies of specific
major airlines.
If you're just delayed, not bumped, ask the airline staff what services
it will provide.
Ask about meals, telephone calls, and overnight accommodations.
You can complain to the U.S. Department of Transportation if you think
an airline has
abused you. The Department provides information regarding this process
at
http://www.dot.gov/airconsumer/problems.htm .But contact the airline first.
In the competitive
times for the travel industry, airlines often are responsive to consumer
complaints.
Q. How can I protect myself when paying for charter tours?
A. Your money often takes a twisting route to the tour operator.
This leaves you vulnerable to
many different stops that exist in between. The best approach is to pay
by credit card, and
receive the protections of the Fair Credit Billing Act, discussed below).
If you pay by
check, the tour operator's brochure usually will specify the name of an
escrow bank
account where all payments eventually go. Make out your check to that
account. Also, if
possible, put the destination, dates, and other details on the face of
the check, which should
guarantee that the payment goes where it should go. That may help you
get your money back
if the tour is canceled or if the tour operator or travel agent goes out
of business. Your contract
is with the tour operator.
U.S. Department of Transportation regulations require that you be shown
and sign an
operator/participant contract, which describes your rights, before your
payment is accepted.
Demand it if it is not offered to you.
Some operators carry bonds to reassure their customers, rather than using
escrow
accounts. If an operator doesn't have an escrow account, ask whether it
is bonded and how you
would be reimbursed in case of a default.
Often, the travel agent will insist that the check be made out to the
travel agency,
because it is the policy of some agents to write a single check to the
tour operator themselves.
That's fine, but insist on a written guarantee from the tour operator
and the agency, and make
sure that the agency's check is made payable to the tour operator's escrow
account. Reputable
agents and operators should be willing to stand behind the tour.
You also can protect yourself by getting trip insurance. This guards you
if you have to
cancel the trip because of your illness or an illness in the immediate
family. Various types of
trip insurance, as well as message relaying and referrals to overseas
legal and medical help,
are also provided free by many premium credit cards.
Sidebar: What If Something Happens?
Now you know how contracts should work, and how to avoid the more troublesome
kinds of
contracts. But what happens when something goes wrong?
A significant violation of a contract is a breach. A remedy is how you
can go about
repairing a breach, or getting compensated for the loss it causes. This
section discusses
breaches and remedies.
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