Don’t let your vacation turn into a rip-off
By: Carol Frey
June 30, 2008
People usually associate vacations with paradise rather than punishment, but there’s a body of federal and state law to prove that, well, stuff happens. Every day, flights are overbooked, hotels are oversold and sickness overcomes a cruise ship passenger somewhere.
Because most travel disputes involve relatively small amounts of money, lawyers often won’t take them on for plaintiffs unless a class-action lawsuit can be argued for masses of consumers. So before pulling out of the driveway this vacation season, the smart Marylander will know his rights.
Federal law allows airlines to bump passengers involuntarily off oversold flights if too few travelers go voluntarily, says Steve Sakamoto-Wengel, assistant attorney general in the consumer protection division of the Maryland Attorney General’s office in Baltimore.
But airlines must put anyone who gets bumped on another flight within an hour or else show them the money. Passengers forced to wait more than two hours are entitled to twice the amount of their ticket, up to $800.
Likewise, passengers are entitled to compensation for baggage lost or damaged by the airlines. They should file a report immediately. If the Transportation Security Administration’s screeners cause the loss, Sakamoto-Wengel says, filing a complaint with the TSA will lead to an investigation and possibly a check for you.
When flights are delayed or canceled, passengers expecting meal vouchers or free hotel rooms must rely on the airlines’ desire for good customer relations. That’s often enough, even without any federal requirements on the airlines.
When it’s not, Sakamoto-Wengel’s advice is to file a complaint with the U.S. Department of Transportation’s aviation consumer protection division. At a minimum, the statistics compiled by the division can be used to choose a friendlier airline on your next vacation.
Hotels, cruise lines and rental car companies can be held legally responsible for damage they cause by failing to honor reservations — but getting paid isn’t easy. When damage costs are small, the expense of hiring a lawyer to press for compensation often outstrips any potential award. That can be true even when there’s bodily injury.
Seeking damages over $75,000 kicks a case over to the federal court system. “Most practitioners see that as fairly cumbersome,” says Steve Silverman, managing partner of Silverman, Thompson, Slutkin & White in Baltimore. And the more cumbersome recovery becomes, the better for big conglomerates and their insurers. “They’re businesses, and it’s a matter of dollars and cents to them,” Silverman says. “If they can wiggle out of a claim, they will.”
Small businesses, such as travel agencies, can fail to live up to their promises, too. In court, that can amount to material misrepresentation and result in a damage award, Sakamoto-Wengel says. Collecting becomes a problem in practice, Silverman says, when agents don’t have bank accounts big enough to pay a claim. Most states, including Maryland, do not require travel agents to be bonded to provide a source of refunds to wronged consumers.
Insuring a trip can ease such worries by covering the expense of coping with delays, cancellations, lost bags and illness far from home. Silverman advises buyers to weigh two factors: Policies written by independent providers, which are recommended over those offered by travel businesses, often cost as much as 10 percent of the trip amount. And only about 1 in 100 is ever used.
When an injury occurs, travelers — insured and uninsured alike — can improve their chances of getting paid damages by documenting what happens, Silverman says. Report the injury and write down phone numbers and addresses of witnesses. Take pictures of any defect that causes an injury.
“If it’s a defective water slide, I guarantee you, it will be fixed the next day,” he said. When receiving medical care, record the names and phone numbers of doctors treating you. Ideally, he said, an injured traveler would contact a local lawyer with knowledge of the local courts before heading home.
Even if the damage sounds like small potatoes to a plaintiff’s lawyer, don’t despair, says the expert who wrote the book “Travel Law.” After his own vacation from hell in 1976, New York Supreme Court Justice Thomas A. Dickerson began researching such cases. He says small claims court is where most people can find justice. In Maryland, plaintiffs can file claims for damages of $5,000 or less without a lawyer. A filing costs $20.
“Consumers have rights, and they should pursue them in small claims court,” says Dickerson. “Taxpayers pay for the privilege.”
A final precaution: Don’t pay in full way before the trip. And pay by credit card if possible so you can dispute the charges later through your card company.
Carol Frey is a freelance writer based in Arlington, Va.
Do you have your own vacation rip-off story? Tell us about it in our comments section.
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Princess Cruise lines denied us paassage on a cruise to Alaska that was paid in full. I broke my arm three days before we were to leave. When our travel agent called to see is we could get a credit toward the same cruise later in the summer, they agreed to do so. About five hours later they changed their mind. When we said that we would go on the scheduled cruise, we were told we would need a doctor’s note. I got a doctor’s note that said we could travel and then they said that even with this note they would most likely deny us passage. What a Princess Cruise ripoff - runaround. I never met so much poor customer service in my life. We are now fighting it with our credit card company.