“Because travel agents receive compensation from travel suppliers, there is a certain 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. A travel agent, consequently, has special duties and obligations to clients. A travel agent has the following duties:
* Duty to warn. A travel agent has a duty to disclose known negative information that is not “”obvious or apparent”" to the consumer. For example, if a travel agent is aware that a certain destination has recently experienced a rash of muggings, the travel agent has a duty to warn the client. If a danger is public knowledge, however, the travel agent bears no responsibility for giving this information.
* Duty to investigate. Because travel agents have access to travel information through trade journals and travel magazines, agents have a duty to stay informed about conditions that could affect a client’s trip. Courts have ruled that when available, travel agents should have knowledge of information like the financial stability of suppliers and tour operators and 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 whether it was under construction.
* Duty to inform. Travel agents have a duty to inform clients about important travel information. Travel agents must inform clients about restrictions on tickets, itinerary changes, the types of travel documentation needed, and the availability of travel insurance.
* Duty to make reservations. Travel agents have a duty to make the reservation requested by the client. The travel agent is responsible for making the correct reservation that is consistent with a client’s requirement. If the travel agent makes the wrong reservation or a delay results in increased costs, the travel agent will be responsible for the difference between the original cost and the actual cost.
* 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 that will deliver the service to the consumer. The failure to provide this information may result in a travel agent’s liability for damages that result from defaults or accidents. ”