Is a travel agent responsible for researching airlines, hotels, and other suppliers?

Travel agents do not have to thoroughly investigate suppliers. In general, they are required only to stay current with reasonably available information, such as what is in trade journals and magazines. The most important types of information are often the supplier's reputation, track record, and financial condition. A travel agent must provide this type of information, as well as any specific experience that the travel agent has had with that supplier, if it would likely affect your decision to use the supplier.

If a travel agent books you on a flight that has already been canceled or in a hotel that has not been built, you have a fairly strong argument that the agent was negligent and failed to undertake a basic investigation. If, however, a tour operator suddenly goes out of business or a hotel closes between the time you make your reservation and the time you arrive, the agent's responsibility is less clear.

Must a travel agent warn me of any travel risks?

If a travel agent knows of a substantial risk to you, such as an airline that is bankrupt but continuing to fly, the travel agent has an obligation to warn you of that risk, with the following limitations.

• A travel agent does not have to warn you about risks that are obvious and apparent, such as the risk that the car you rent from Rent-a-Wreck may not be in the best condition.
• A travel agent is not required to be a fortune teller, particularly concerning factors out of the agent's control. An agent might be liable for promoting a sun and fun vacation in India during monsoon season, but the agent does not have a duty to warn you about all possible conditions -- such as unannounced strikes, political conditions, or bad weather -- that could affect your enjoyment of the journey.
• A travel agent does not have to point out disclaimers or other legal elements of an agreement between you and the travel supplier, although a helpful travel agent might do so.

How are travel agents paid?

When a travel agent issues a ticket or makes other travel arrangements for you, the agent sometimes receives a commission from some travel suppliers such as a tour group or hotel. However, airlines pay virtually no commission any more. You can expect to be charged by the travel agents for some services.

Do any professional associations regulate travel agents?

No. Travel agents have to meet very few formal requirements. Most travel agents do belong to one or more professional associations, however, and each association has a code of ethics that requires its members to remain knowledgeable of developments within the travel industry and to refrain from engaging in misleading sales practices. Membership in a professional association is voluntary, however, and if an agent violates the code of ethics, you have little recourse within the association.

If you have a complaint about a travel agent, ask someone in the travel agency if the agent belongs to a professional association. If so, contact the association as follows:

The association can tell you if the agent is a member in good standing. In some cases, an association may be able to help you if you have a complaint against one of their members. For example, ASTA has a mediation program to help resolve disputes between travel agents and their clients.