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LEGAL SERVICES

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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.

LEGAL SERVICES

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TITLE: Legal Services at CitiMall.com Online Shopping Mall

Legal Law Category: Law , Legal, Attorney, Advice, Firm, Search, Attorneys, Lawyers, Power of Attorney, Durable, Forms

Shopping Mall: Legal Services get attorney advice, search, law firm, legal law advice Forms, law, power of attorney, Legal service, Free legal Forms, legal advice, legal, aid, legal document, prepaid legal, help, information

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