Using a Travel Agent: FAQ

Most travelers are comfortable making their own travel plans. But you may want help from a professional travel agent for more nuanced types of travel, such as:

• Group trips
• International travel
• Remote locations
• Cruises
• Complex itineraries

A travel agent's expertise and service can reduce some stress of planning a trip. It can also help ensure you have an organized and enjoyable experience.

This article answers common questions about using a travel agency. You'll also learn about your consumer rights, agent licensure, resolving disputes, and more.

• What services does a travel agent offer?
• What responsibilities do travel companies have to consumers?
• My travel agent charged me less than what I really owed. Do I have to pay the difference?
• How do travel agents earn money?
• Do travel agents need a license?
• What rights do I have if I've been scammed by a travel business?
• What is the best way to find a trustworthy travel agent?
• Are travel agents subject to regulations by professional associations?

What services does a travel agent offer?

In short, travel agencies help consumers make travel arrangements. A travel agent coordinates the basics of your trip, like booking your airfare, hotel accommodations, and car rental. They also handle the more intricate details of your travel, which can include:

• Creating itineraries for recreation and activities
• Assisting with passports, visas, and required documentation
• Advising on local customs and culture
• Recommending sightseeing, exhibits, dining, and entertainment
• Providing currency exchange rates
• Securing travel insurance to cover trip cancellations, emergencies, or other unexpected events

What responsibilities do travel companies have to consumers?

Because travel agents receive most of their compensation from travel suppliers, there is a degree of loyalty to suppliers rather than consumers.

However, several state courts have ruled that because of the special relationship between travel agents and consumers, travel agents are fiduciaries subject to a high standard of care. This means a travel agent has special responsibilities and duties to clients.

See below for a list of travel agents' duties to their clients.

Duty To Warn

A travel agent must disclose known negative information that's not "obvious or apparent" to the consumer. This means a travel agent has a duty to warn the client if they're aware of factors that could negatively affect travel plans or the client's safety. For example, if a particular destination has recently:

• Experienced a rash of violent crime
• Issued a health advisory
• Issued warnings regarding political instability or natural disasters

But the agent isn't responsible for informing the client if a danger is public knowledge.

Duty To Investigate

Because travel agents have access to travel information through trade journals and travel associations, agents must stay informed about conditions that could affect a client's trip.

Courts have ruled that when available, travel agents should know certain information, like:

• The financial stability of suppliers and tour operators
• The ability of suppliers and tour operators to deliver travel services

For example, courts have found travel agents liable for failing to investigate whether a hotel was open or under construction.

Duty To Inform

Travel agents must inform clients about important travel information, including:

• Restrictions on tickets
• Itinerary changes
• Types of travel documentation needed
• Availability of travel insurance

Duty To Make Reservations

Travel agents must make the reservation requested by the client. The travel agent is responsible for making the correct reservation consistent with a client's travel. If the travel agent makes the wrong reservation or a delay increases costs, the travel agent must pay the difference between the original and actual costs.

Duty To Confirm Reservations

When a travel agent books travel arrangements through a wholesaler or a tour operator, the agent must confirm the reservation and notify the client of any changes to the itinerary. The travel agent must confirm the reservation by directly contacting the supplier.

Duty To Disclose a Supplier's Identity

A travel agent must disclose the identity of the wholesaler or tour operator providing the service to the consumer. Failure to provide this information may result in a travel agent's liability for damages resulting from defaults or accidents.

My travel agent charged me less than what I really owed. Do I have to pay the difference?

Whether you must pay the difference depends on the circumstances. For example, if an agent booked travel arrangements based on a price quote, the agent is likely responsible for incurring the cost if the client relied on the agent's quote.

Conversely, if the agent quoted the correct price but inadvertently charged less, you're responsible for paying the additional amount owed.

How do travel agents earn money?

Travel agents receive compensation from commissions earned from travel suppliers and for some client services.

For example, a travel agent may charge a client for booking air transportation or making hotel room or cruise line reservations. They can also earn commissions from vendors or partners for booking vacation packages, tours, or excursions. Some agents can also purchase travel products at a low cost, allowing them to markup and sell at a higher price.

In 1995, Delta Air Lines capped base travel agent commissions. This sparked the elimination of base air carrier commissions across the industry in 2002.

Do travel agents need a license?

Most states don't require travel agents to obtain a license. There's also no federal law requiring special licensure for travel agents. Four states require travel agents to register with the appropriate state agency:

• California, Attorney General's Office
• Florida, Department of Agriculture and Consumer Services
• Hawaii, Department of Commerce and Consumer Affairs - Professional and Vocational Licensing Division
• Washington, Department of Revenue

Several other states enforce sellers of travel laws that regulate various aspects of the travel industry. Some of these states are:

• Delaware
• Illinois
• Massachusetts
• New York

Some states (like Iowa) have repealed their requirements for sellers of travel.

What rights do I have if I've been scammed by a travel business?

You have several rights and options in addressing the issue.

First, file a complaint against a travel agent with the Better Business Bureau (BBB) and your state's consumer affairs agency.

You can also report fraud to the Federal Trade Commission (FTC).

If you paid for the travel services with a credit card, you can also request a charge dispute with your credit card issuer. Most credit card companies offer dispute resolution services for fraudulent charges. If successful, some credit cards may reverse the charge.

If the attempts above don't resolve the issue, consider getting help from an attorney. Especially do so if you've suffered a significant financial loss. An attorney can help pursue legal recourse, including suing the travel agency.

Keep all documentation related to your travel, including correspondence with the travel agent and receipts. You'll need this information when filing a complaint or a credit card dispute. It will prove even more crucial if you take legal action.

What is the best way to find a trustworthy travel agent?

Research online reviews on platforms like Yelp, TripAdvisor, or Google Reviews. You can also ask for recommendations on travel forums, like Fodor's Travel Talk Forums.

You can interview the travel agent before you hire them. Discuss your specific travel needs and preferences, as some agents specialize in certain types of travel. Pay attention to how they communicate and the level of customer service provided.

Also, review the agency's business listing on the BBB to see if there are any open complaints.

Are travel agents subject to regulations by professional associations?

No. Professional associations for travel agents don't regulate agent conduct. Although professional associations do have established guiding principles for members, these rules provide consumers with very little recourse if an agent violates a code of ethics.

Still, a consumer with a complaint or questions about an agent may contact the travel agent's association and make a complaint. Some associations do provide mediation services to resolve disputes.

The following is a list of contact information for professional associations for travel agents:

• American Society of Travel Agents (ASTA) — 703-739-2782; http://www.asta.org; 1101 King Street, Suite 200, Alexandria, VA 22314; Fax: 703-684-8319
• Association of Retail Travel Agents (ARTA) — 859-269-9739; http://www.artatravel.org; 2692 Richmond Road, Suite 202, Lexington, KY 40509; Fax: 859-266-9396
• International Airlines Travel Agent Network (IATAN) — 516-663-6000; http://www.iatan.org; 300 Garden City Plaza, Suite 342 Garden City, NY 11530; Fax: 516-747-4462
• Institute of Certified Travel Agents (ICTA) — 800-542-4282; http://www.thetravelinstitute.com; 148 Linden Street, P.O. Box 812059, Wellesley, MA 02482; Fax: 781-237-3860

Dispute With a Travel Agency? Talk to an Attorney

Legal help is available if you can't resolve a dispute with a travel service provider or you suspect you've been a victim of a travel scam. Contact a consumer protection attorney in your area to learn how they can help you. An expert attorney familiar with your state's laws can review your situation and advise on next steps. They can also help protect your consumer rights and advocate for an appropriate remedy.