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TA's liability for ticketing mistakes?



 
 
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  #1  
Old November 12th, 2004, 08:37 PM
No One
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Default TA's liability for ticketing mistakes?

What is a travel agent's legal liability for a passenger's expenses that
are due completely to mistakes made by the agent in issuing a ticket?

Recently, in two separate instances, involving two different travel
agents, I paid for unrestricted, round trip tickets on a foreign
airline.

In one, the TA failed to show me as having been ticketed on the flight
for which I had had a reservation. So, after traveling across the
country to the international gateway (on a different airline), I was
told at the ticket counter that I had no reservation, and that the
flight was full. I had to completely change my travel plans, incurring
several hundred dollars in additional expenses. It remains to be seen
how much of my original ticket cost the TA is going to refund.
Naturally, she has refused to refund her $40 "service fee". Some
service.

In the other, my supposedly unrestricted, round trip ticket was used
without incident on the outbound flight. But the airline refused to
accept it for my return because I wanted to return several days earlier
than shown on the ticket. Normally, that would have been no problem,
since it was a changeable fare. (I had done so previously, under
identical circumstances.) Unfortunately, the TA had mistakenly written
on the ticket that it was only valid on a single date. I had to
purchase a separate one-way return ticket, and the unused return ticket
is not fully refundable.

Any comments, suggestions?

  #2  
Old November 12th, 2004, 11:29 PM
No One
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Default

"You seem to imply that these tickets were handwritten, not issued. Is
that correct?"

No, it's not.


"I would also like to clarify at which point you understood they were
'unrestricted' tickets."

Well before purchase, since I had previously purchased tickets of the
same fare, flights, airline Etc. BTW, that they were unrestricted is
not in dispute..

"For the first one you first say that you had no ticket...."

Let me clarify/elaborate: I had a proper paper ticket, but my
reservation had cancelled automatically 24 hours before the first
flight, because the TA had failed to show me in the reservation system
for the airline as having been ticketed.

"On the second, what were the exact endorsements written on the ticket?"

As I said above, the TA agrees that it was in fact unrestricted. It is,
however, subject to a change fee and a refund fee. The refund fee is
the problem, since I now have a round trip ticket and a return ticket
that I have no choice but to have refunded, to the extent possible.

  #3  
Old November 13th, 2004, 04:03 PM
No One
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"So you never asked about restrictions...?"

As I've said, the restrictions, if any, are not an issue, since the TA
STILL says the ticket was "unrestricted"--her word, not mine, BTW. The
only issue is the airline's refusal to accept it as written. (It
mistakenly states that it is valid for only a single day.)

"Which airline was this?"

China Southern

"...hence definition of 'unrestricted'.:

I agree completely, but "unrestricted" is how the TA characterizes it.

"Without this sort of basic information, we cannot tell you anything
useful."

I have not provided such information, because my question is just about
the general liability a TA has for his/her mistakes, rather than which
specific mistakes have been made in my cases. FWIW, in each case,
involving different airlines and TAs, the airline refused to accept the
tickets, claiming that the TA made a mistake issuing it. Neither TA
claims not to have made such a mistake.

  #4  
Old November 13th, 2004, 04:03 PM
No One
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Default

"So you never asked about restrictions...?"

As I've said, the restrictions, if any, are not an issue, since the TA
STILL says the ticket was "unrestricted"--her word, not mine, BTW. The
only issue is the airline's refusal to accept it as written. (It
mistakenly states that it is valid for only a single day.)

"Which airline was this?"

China Southern

"...hence definition of 'unrestricted'.:

I agree completely, but "unrestricted" is how the TA characterizes it.

"Without this sort of basic information, we cannot tell you anything
useful."

I have not provided such information, because my question is just about
the general liability a TA has for his/her mistakes, rather than which
specific mistakes have been made in my cases. FWIW, in each case,
involving different airlines and TAs, the airline refused to accept the
tickets, claiming that the TA made a mistake issuing it. Neither TA
claims not to have made such a mistake.

  #5  
Old November 13th, 2004, 07:07 PM
devil
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On Sat, 13 Nov 2004 15:43:18 +0000, Hilary wrote:

"So you never asked about restrictions...?"

As I've said, the restrictions, if any, are not an issue, since the TA
STILL says the ticket was "unrestricted"--her word, not mine, BTW. The
only issue is the airline's refusal to accept it as written. (It
mistakenly states that it is valid for only a single day.)


That sounds like something the agent needs to take up with the airline.


"Which airline was this?"

China Southern


Explains a lot.

"Without this sort of basic information, we cannot tell you anything
useful."

I have not provided such information, because my question is just about
the general liability a TA has for his/her mistakes, rather than which
specific mistakes have been made in my cases.


There's no "general" liability unless there is an actual error on the part
of the agent. In many cases problems occur because of inaccurate
information being given (by the passenger, the agent or the airline).
I've had airlines such as BA tell outright *lies* to passengers, and you
have to know what's right to call them on it and get it fixed. Many
airlines automatically blame the TA even when it's their problem.

FWIW, in each case, involving different airlines and TAs, the airline
refused to accept the tickets, claiming that the TA made a mistake
issuing it. Neither TA claims not to have made such a mistake.


At that point you need to make a written complaint to the TA and to the
airline. Contact IATA or the equivalent organisation for where you are.
Keep hold of all the info. They should investigate.


Well, the TA acts as *agent for the airline.* As such, I would think he
should bear responsibility for whatever miscommunication occurred between
him and the party which *he* represents?

 




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