TAKING YOUR TRAVEL AGENT ON A TRIP TO THE COURT HOUSE
There are some 40,000 travel agents in the United States with locations down the street from your home and/or on the Internet with an interactive web site1. Travel agents are best viewed, primarily, as information specialists upon whom consumers rely for the provision of accurate and concise information, and, secondarily, as order takers and ticket dispensers. Travel agents interact directly with consumers and their influence is profound, e.g., travel agents influence the consumer's selection of vacation destinations [ nearly 80% ], cruise ships [ 72% ], package tours [ 42% ] and hotels [ 37% ] [ Travel Weekly2 ]. Today's travel agent is a professional with a high standard of care equivalent to that imposed upon attorneys, doctors and accountants.
As noted in Brown v. Hambric3
" To become a professional travel agent... requires years of training and participation in advanced educational programs such as those provided by the Institute of Certified Travel Agents... and the American Society of Travel Agents... accreditation by supplier organizations such as the Airlines Reporting Corporation ...and the Cruise Lines International Association ( and ) compliance with state and local licensing and registration requirements and obtaining bonding and comprehensive insurance ".
Selecting A Good Travel Agent
Selecting a good travel agent is a risky business. Very few States require travel agents to be licensed, tested annually for competence and proficiency or financially responsible, e.g., maintaining insurance and surety bonds for the benefit of consumers, escrowing consumer deposits and funding consumer compensation funds [ See Dickerson, The Licensing & Regulation Of Travel Sellers In The United States4; Dickerson, New York State Needs A New Travel Seller Statute5 ].
Nonetheless, there are certain things to look for when selecting a reliable travel agent.
" There are good travel agents and there are bad travel agents. The good ones find airfares and cruises priced below advertised rates, negotiate free upgrades, find rooms in ` full ` hotels, understand and tell you about travel insurance, and, when things go wrong, either fight for you or try to make it up to you. The bad ones don't do any of this ...Word of mouth is a good way to find a reliable agent. But if you're looking for one on your own, consider the following: (1) How experienced is the agent?, (2) How knowledgeable is the agent about your destination? How often has he or she traveled to a place or sent other clients there? (3) Does the agent ask about your needs, desires and travel habits? (4) Is the agent certified by the Institute of Certified Travel Agents? (5) Is the agent skilled at using the computer reservations systems? (6) Does the agency belong to a consortium? [ Small, independent agencies join consortiums in order to offer competitive rates on travel opportunities ]. (7) Does the agency use a consolidator [ who sells discounted airline tickets, usually at rates below those advertised to the public ]? (8) Does the agency have a 24-hour phone line? (9) Does the agency protect client's deposits? Does it put them in an escrow account or post a bond? " [ Conde Nast Traveler6 ].
The Legal Status Of Travel Agents
Travel agents are agents of the consumer and have been declared to be fiduciaries with a high standard of care in several States including Arizona [ Maurer v. Cervenik-Anderson Travel, Inc.7 ( teenager on student tour is crushed by steel wheels of tour operator's Party Train traveling to Mazatlan, Mexico )], California[ McCollum v. Friendly Hills Travel Center8 ( tourist injured while water skiing at resort )], District of Columbia [ Craig v. Eastern Airlines, Inc.9 ( travel agent fails to inform consumer that airline tickets have restricted use )], Illinois [ McCoy v. MTI Vacations, Inc.10 ( travel agent failed to notify consumer of flight changes )]; Louisiana [ Philippe v. Lloyd's Aero Boliviano11 ( tourist suffers cerebral hemorrhage on chartered aircraft in Bolivia )]; New Jersey [ Rodriquez v. Cardona Travel Bureau12 ( charter air carrier goes bust and defaults in delivery of flight )]; New York [ Pelegrini v. Landmark Travel Group13 ( consumer misinformed by travel agent that tour vouchers refundable )]; Ohio [ Grigsby v. O.K. Travel14 ( tour operator defaults in delivery of tour )]; Oklahoma [ Douglas v. Steele15 ( tour operator defaults in delivery of tour )]; and Pennsylvania [ Touhey v. Trans National Travel16 ( accommodations and facilities at hotel misrepresented ].
The virtue of being a fiduciary is that the travel agent's duties and obligations to the consumer are independent from the travel agent's relationship with airlines, cruise lines, hotels or tour operators. What should consumers reasonably expect from their travel agents?
Duty To Make & Confirm Reservations
After selecting specific travel services the consumer expects the travel agent to contact the supplier or tour operator and make reservations. This function may be accomplished by computer, telephone or in writing. A failure to make the agreed upon reservations renders the travel agent liable for the consumer's damages [ Slade v. Cheung and Risser Enterprises17
( travel agent liable for consumer's lost deposit for failing to contact insolvent cruise company and establish availability of cruise ); Reservations Desk v. ALIA18 ( failure to confirm airline reservations ); Carro v. Parente World Travel Center19 ( travel agent responsible for making airline reservations ); Lathigra v. British Airways20 ( passengers stranded in Nairobi for five days because airline reconfirmed reservations on discontinued flight ); Rosen v. DePorter-Butterworth Tours21 ( failure to inform consumer of itinerary change ); Van Rossem v. Penney Travel Service22 ( failure to confirm hotel accommodations ); Zobler v. Windward Travel Center23 ( failure to deliver tickets for honeymoon trip ); Fuller v. Healey Transportation24 ( failure to send consumers to proper airport for flight )].
Independent Duty To Verify Reservations
Travel agents may find it convenient to rely upon various sources of information in confirming reservations. For example, the travel agent may rely upon wholesalers or tour operators
[ Bucholtz v. Sirotkin Travel Service25 ( travel agent relied upon wholesaler to make reservations at selected Las Vegas hotel )] or computers [ Bhattal v. Grand Hyatt-New York26 ( computer error results in guest's baggage being sent to Saudi Arabia )] to verify that reservations have been made. Such reliance may be insufficient, however, since travel agents should be prepared to contact suppliers such as air carriers, cruise lines and hotels, directly, and independently verify that the purchased travel services will, in fact, be delivered [ Prechtl v. Travel House of Garden City27 ( travel agent should have contacted air carrier instead of relying on computer to make reservations on a flight which air carrier had discontinued ); Trip Tours, Ltd. v. Zamani28 ( travel agent should have contacted air carrier instead of relying on an irresponsible tour operator to make airline reservations that never materialized ); Touhey v. Trans National Travel29 ( travel agent failed to independently verify conditions at half finished hotel; $25,000 in special damages awarded against travel agent )].
Failure To Disclose Identity Of Supplier
In recommending specific travel services the travel agent must disclose the identity of the supplier or tour operator responsible for delivering the services. If the travel agent fails to make such a disclosure then the travel agent may be held responsible for the supplier's or tour operator's default [ Spiro v. Delmar Travel Bureau30 ( travel agent will be held liable for defaults of tour operator if it fails to disclose tour operator's identity ); Van Rossem v. Penney Travel Service31 ( inferior hotel accommodations substituted during honeymoon vacation in Jamaica; travel agent liable for failing to disclose identity of tour operator )].
Vouching For The Reliability Of Suppliers
In recommending suppliers and tour operators the travel agent may vouch for or warranty the performance of a specific airline, cruise line, hotel or tour operator. In doing so the travel agent may be held liable for the supplier's or tour operator's default under a variety of legal theories including: (1) assumed duty
[ Hernandez v. Rapid Bus Company32 ( passenger rapes passenger; bus company liable for assuming duty to provide safe transportation ); Cohen v. Heritage Motor Tours33 ( tourist slips and falls on slippery rocks crossing stream during tour of Canadian Rockies; tour operator and tour guide may have assumed duty to determine whether stones were safe to use as a path)],
(2) breach of warranty
[ Glenview Park District v. Melhus34 ( canoeist who drowned during trip down river was promised that canoeing would " be perfectly safe " ); Pau v. Yosemite Park and Curry Company35 ( bicycle accident; express warranty of safety claim based on promises of safe trails and " safe and enjoyable cycling areas " ); Chan v. Society Expeditions36 ( tourists being transported from cruise ship to shore excursion drown when Zodiac raft overturns; brochures
" advertised the Zodiac's versatility and safety in the hands of ( tour operator's ) ` highly skilled boatman ` " )];(3) negligent or fraudulent misrepresentation
[ Maurer v. Cerkvenik-Anderson Travel, Inc.37 ( student on tour falls to death under steel wheels of Party Train to Mazatlan, Mexico; negligent failure to reveal three prior deaths of students on same train ); Pelegrini v. Landmark Travel Group38 ( travel agent misrepresents refundability of tour vouchers as being refundable ); Marcus v. Zenith Travel39 ( tourists stranded in Japan when tour operator defaults; travel agent negligently misrepresented that tour operator was financial stable ); Gelfand v. Action Travel Center40 ( travel agent negligently misrepresented cruise ship's ability to deal with tourist's physical condition )];
(4) breach of implied warranty of habitability
[ Touhey v. Trans National Travel41 ( tourists vacation ruined because hotel under construction; travel agent contract carries with it an implied warranty of habitability of hotel accommodations; travel agent failed to make independent investigation of condition of hotel; $25,000 in special damages against travel agent )]; and
(5) promissory estoppel
[ Chow v. Trans World Airlines42 ( passenger relies upon air carrier's false promises of priority seating on connecting foreign carrier and misses flight to Singapore ); Keefe v. Bahama Cruise Line43 ( reliance upon false promises resulted in delay in filing claim ); Fogel v. Hertz International44 ( rental car accident in Italy; liability of U.S. Hertz corporation may be based upon agency by estoppel )].
Duty To Investigate Availability of Travel Services
Travel agents have ongoing duties to investigate the availability of the contracted for travel services, e.g.,
(1) hotel closed
[ Barton v. Wonderful World of Travel45 ( hotel closed; travel agent liable for failing to investigate conditions )],
(2) hotel under construction
[ Josephs v. Fuller46
( hotel substandard; travel agent liable for failing to investigate conditions )],
(3) canceled charter flight
[ Rodriquez v. Cardona Travel Bureau47 ( charter air carrier defaults; travel agent liable for failing to warn of risks of charters )],
(4) canceled scheduled flight
[ Fix v. Travel Help48 ( airline goes bankrupt; travel agent liable for failing to investigate )];
(5) tour package not delivered
[ Marcus v. Zenith Travel49 ( travel agent liable for failing to reveal trade reports about financial instability of tour operator )];
(6) cruise ship impounded by a local sheriff
[ Slade v. Cheung & Risser Enterprises50 ( travel agent failed to contact cruise ship company directly and verify cruise availability )],
(7) tour operator changed the itinerary
[ Rosen v. DePorter-Butterworth Tours51 ( travel agent failed to advise tourist of change in tour itinerary )], and
(8) hotel overbooking
[ Bucholtz v. Sirotkin Travel Service52 ( Las Vegas hotel overbooks and walks customers; travel agent liable for failing to investigate reliability of tour wholesaler )]. The travel agent's duty to investigate continues even after the initial deposit is made [ Barton v. Wonderful World of Travel53 ( travel agent required to keep in contact with hotel up to thirty days before departure )].
Duty To Convey Needed Information
The most open ended duty of modern travel agents is to disclose any negative information which could have an adverse impact on the consumer's vacation or business trip. This duty is limited only by the actual availability of the information to the travel agent and to the consumer [ Stafford v. Intrav54 ( travel agent has duty to disclose information unless " obvious and apparent " to the traveler )]; Markland v. Travel Travel Southfield55 ( both travel agent and consumer knew of financial instability of Eastern Airlines prior to default )] and was the accident foreseeable and would the information have prevented the accident [ Harvey v. American Airlines56 ( vacation ruined because of inclement weather; no duty to warn of rainy weather ); McCollum v. Friendly Hills Travel Center57 ( waterskiing accident at resort; no duty to warn of danger in the absence of information of prior accidents ); Tucker v. Whitaker Travel, Ltd.58 ( no duty to warn of risks of horseback riding ); Connolly v. Samuelson59 ( no duty to warn of dangers of walking on safari )].
What Type Of Information Is Needed?
Financial Instability: Travel agents should investigate the financial stability of suppliers and tour operators and convey this information to the consumer [ Marcus v. Zenith Travel60
( travel agent liable for failing to reveal reports in travel trade press about financial instability of tour operator ); Spiro v. Delmar Travel Bureau61 ( travel agent liable for defaults of bankrupt tour operator ); Fix v. Travel Help62 ( travel agent negligently misrepresents financial stability of bankrupt airline ); Douglas v. Steele63 ( travel agent liable for failing to reveal information regarding financial instability of tour operator )].
Inability To Deliver Services: Travel agents should investigate the willingness and ability of suppliers and tour operators to actually deliver contracted for travel services. Specifically, the travel agent should find out and inform the consumer if the hotel is closed [ Barton v. Wonderful World of Travel64 ( travel agent should have discovered that hotel was closed)] or under construction [ Josephs v. Fuller65 ( travel agent should have discovered that hotel was substandard )], or the cruise vessel has been impounded by the local sheriff [ Slade v. Cheung & Risser Enterprises, Inc.66 ], whether the cruise vessel can accommodate physically handicapped passengers [ Gelfand v. Action Travel Center67 ( travel agent negligently misrepresents that cruise vessel could meet the needs of handicapped passenger )], whether the hotel has a policy of overbooking guests [ Bucholtz v. Sirotkin Travel Service68 ( travel agent should have investigated tour operator's track record in selling accommodations at hotels that overbooks guests )], or whether a specific flight has been canceled [ Trip Tours, Inc. v. Zamani69 ( charter tour operator fails to deliver flight; travel agent liable ); Prechtl v. Travel House of Garden City70 ( travel agent liable for failing to investigate availability of flight )].
In addition, the travel agent should continue to investigate the ability of a supplier or tour operator to deliver even after the reservations are made [ Marcus v. Zenith Travel71 ( the travel agent learned of the tour operator's financial instability after the consumer's made their reservations but failed to reveal this negative information before full payment thus giving the consumers the opportunity to cancel with minimum losses )].
Need For Travel Documentation: Without proper travel documents the purpose of the consumer's vacation or business trip may be defeated, e.g., the traveler may be imprisoned or denied entry and forced to leave the destination country at great expense. Travel agents should investigate and inform consumers of the need for travel documentation [ Compaigne Nationale Air France v. Castano72 ( airline liable for failing to advise consumers of need for a visa to enter Spain ); Levin v. Kasmir World Travel73 ( travel agent liable for failing to advise consumer of need for a visa to enter China )].
Health And Safety Hazards: The destination country may be suffering from a typhoid epidemic, have a high crime rate or be a violent environment because of war or revolution. Travel agents should contact the U.S. Center for Disease Control [ CDC ] and obtain information about diseases and the need for medication and shots, the U.S. State Department and obtain any Travel Advisories warning of dangers and any other reasonably available source of information of health and safety hazards in the destination country [ Glenview Park District v. Melhus74 ( canoeist drowned during trip down river; sponsor should have investigate the water levels and determined imminent flood conditions ); Loretti v. Holiday Inns75 ( tourist assaulted and raped on beach in Bahamas; travel agent should investigate crime levels in destination );
Philippe v. Lloyd's Aero Boliviano76 ( tourist suffered severe physical injuries because of a lack of oxygen during a flight in La Paz, Bolivia ]; Maurer v. Cerkvenik-Anderson Travel77
( student falls to death under steel wheels of the Party Train to Mazatlan, Mexico; tour operator failed to reveal prior three deaths of students on the same train )].
Need For Travel Insurance: Travel agents should advise consumers of the need for and availability of appropriate travel insurance [ Rodriquez v. Cardona Travel Bureau78 ( charter air carrier defaults; travel agent failed to advise of need for travel insurance ); Markland v. Travel Travel Southfield79 ( travel agent not liable for default of tour operator; travel agent advised consumer to buy travel insurance )].
Itinerary Changes: Travel agents should discover and warn consumers of any changes in flight schedules [ McCoy v. MTI Vacations, Inc.80 ( travel agent failed to notify consumers of flight changes ); Vick v. National Airlines81 ( failure to warn of schedule changes )] or tour itineraries [ Rosen v. DePorter-Butterworth Tours, Inc.82 ( failure to advise consumer of change in tour starting point ) ].
Restrictions On Tickets & Vouchers: Travel agents should discover and advise consumers of any restrictions on the use of tickets and vouchers [ Das v. Royal Jordanian Airlines83 ( travel agent failed to inform consumer that flight was wait listed ); Burnap v. Tribeca Travel84 ( travel agent failed to inform consumer of ticket restrictions ); Pelegrini v. Landmark Travel Group85 ( travel agent misrepresents refundability of tour vouchers )].
Recoverable Damages
The damages which a consumer may recover from a travel agent for breach of contract, negligence, fraud or violation of a Consumer Protection Statute will depend upon the nature of the injuries sustained. In non-physical injury cases recoverable should include the value of the components of the vacation not delivered, compensation for discomfort, annoyance and harassment and special damages for " loss of what was to have been a pleasant week " [ Touhey v. Trans National Travel86 ( $25,000 in special damages awarded )], or loss of " a refreshing, memorable vacation " [ Vick v. National Airlines87 ( $2,500 each for couple who suffered from missed flight )] or the " intangible pleasure of a 24 hour vacation day " [ Semrod v. Mexicana Airlines88 ( $3,000 awarded for loss of one vacation day )] or the loss of a planned vacation [ Pelegrini v. Landmark Travel Group89 ( $250 awarded for loss of planned vacation )] .
FOOTNOTES
*Thomas A. Dickerson is a Westchester County Court Judge, New York State, Web Site http://members.aol.com/judgetad/index.html, and the author of Travel Law , 1981-2000, Law Journal Press, New York, Web Site http://members.aol.com/travellaw/index.html ; Class Actions: The Law of 50 States , 1988-2000, Law Journal Press, Web Site http://members.aol.com/class50/index.html ; and 168 articles on Consumer Law issues.
1 . See "Consumer Alert," Conde Nast Traveler, March 2000, p. 94
[ " Ombudsman is getting more and more letters from frustrated readers who were enticed into a ` travel deal ` on the Web and then left empty handed because their tickets never arrived or the company they had paid disappeared without a trace"];Hidden Fees Take Bite Out of Online Savings, Consumer Reports Travel Letter, February 2000,p.l
[ " Found a cheap ticket online? Beware of hidden fees that could take a bite out of those savings. Service fees for processing bookings, delivering tickets, and making changes are driving up the cost of booking airline tickets online...Our research found that fees can add as much as 85 percent to the ` advertised price `. And they're hard to avoid because online discounters don't always discloseor plainly displaythese charges on their web sites " ].
See also: Dickerson, "The Internet, The " Solicitation Plus " Doctrine And Jurisdiction Over Foreign Hotel and Other Travel Suppliers," International Travel Law Journal, 1999; Web Site
[ http://courts.state.ny.us/tandv/tljinternetarticle99.htm ]
2 . Travel Weekly's 1999 U.S. Consumer Survey, October 25, 1999, p. 95.
3 . Brown v. Hambric, 168 Misc. 2d 502, 638 N.Y.S. 2d 873 ( 1995 ).
Web Site at http://www.directsaleslaw.com/library/cases/mlm/state/nybrown.htm
4 . Dickerson, "The Licensing & Regulation Of Travel Sellers In the United States," The Aviation Quarterly,January 1998. Web Site at http://courts.state.ny.us/tandv/Aqtaed1.htm.
5 . Dickerson, "New York State Needs A New Travel Seller Statute, " I.F.T.T.A. Journal, Fall 1999.
6 . Ombudsman, Consumer Alert, Conde Nast Traveler, November 1998, p. 199.
7 . Maurer v. Cerkvenik-Anderson Travel, Inc., 181 Ariz. 294, 890 P. 2d 69 ( 1994 ).
8 . McCollum v. Friendly Hills Travel Center, 217 Cal. Rptr. 919
( Cal. App. 1995 ).
9 . Craig v. Eastern Airlines, Inc., 19 CCH Aviation Cases 17,954
( D.C. 1985 ).
10 . McCoy v. MTI Vacations, Inc., 272 Ill. App. 3d 494, 209 Ill. Dec. 911, 650 N.E. 2d 605 ( 1995 ).
11 . Philippe v. Lloyd's Aero Boliviano,589 So. 2d 536 ( La. App. 1992 ); 710 So. 2d 807 ( La. App. 1998 )( judgment for defendants ).
12 . Rodriquez v. Cardona Travel Bureau,216 N.J. Super. 226, 523 A. 2d 281 ( 1986 ).
13 . Pelegrini v. Landmark Travel Group,165 Misc. 2d 589, 628 N.Y.S. 2d 1003 ( 1995 ).
14 . Grigsby v. O.K. Travel, 118 Ohio App. 3d 671, 693 N.E. 2d 1142 ( 1997 ).
15 . Douglas v. Steele, 816 P. 2d 586 ( Okla. App. 1991 ).
16 . Touhey v. Trans National Travel, 47 Pa. D. & C. 3d 250 ( Pa. C.P. 1989 ).
17 . Slade v. Cheung and Risser Enterprises,Inc., 10 Pa. D. & C. 3d 627 ( Pa. C.P. 1979 ).
18 . Reservations Desk v. ALIA, 21 CCH Aviation Cases 17,529 ( N.D. Tex. 1988 ).
19 . Carro v. Parente World Travel Center,23 CCH Aviation Cases 18,345 ( N.D. Ohio 1991).
20 . Lathigra v. British Airways, 23 CCH Aviation Cases 18,284
( W.D. Wash. 1994 ).
21 . Rosen v. DePorter-Butterworth Tours,Inc., 62 Ill. App. 3d 762, 379 N.E. 2d 407 ( 1978 ).
22 . Van Rossem v. Penney Travel Service,Inc., 128 Misc. 2d 50, 488 N.Y.S. 2d 595 ( 1985).
23 . Zobler v. Windward Travel Center,42 Pa. D. & C. 3d 119 ( Pa. C.P. 1986 ).
24 . Fuller v. Healey Transportation, Ltd.,22 O.R. 2d 118
( Ontario, Canada, 1978 ).
25 . Bucholtz v. Sirotkin Travel Service,Ltd., 74 Misc. 2d 180, 343 N.Y.S. 2d 438, aff'd 80 Misc. 2d 333, 363 N.Y.S. 2d 415
( 1974 ).
26 . Bhattal v. Grand Hyatt-New York, 563 F. Supp. 277 ( S.D.N.Y. 1983 ).
27 . Prechtl v. Travel House of Garden City, 17 CCH Aviation Cases 17,182 ( N.Y. Civ. 1980 ), mod'd 17 CCH Aviation Cases 17,183 ( N.Y. App. Term. 1981 ).
28 . Trip Tours, Ltd. v. Zamani, 22 CCH Aviation Cases 17,425 ( N.Y. Civ. 1988 ).
29 . Touhey v. Trans National Travel, 47 Pa. D. & C. 3d 250 ( Pa. C.P. 1987 ).
30 . Spiro v. Delmar Travel Bureau, Inc.,188 A.D. 2d 792, 591 N.Y.S. 2d 237 ( 1992 ).
31 . Van Rossem v. Penney Travel Service, Inc., 128 Misc. 2d 50, 488 N.Y.S. 2d 595 ( 1985).
32 . Hernandez v. Rapid Bus Company, 641 N.E. 2d 886 ( Ill. App. 1994 ).
33 . Cohen v. Heritage Motor Tours, Inc.,205 A.D. 2d 105, 618 N.Y.S. 2d 387 ( 1994 ).
34 . Glenview Park District v. Melhus, 540 F. 2d 1321 ( 7th Cir. 1976 ).
35 . Pau v. Yosemite Park and Curry Company,928 F. 2d 880 ( 9th Cir. 1991 ).
36 . Chan v. Society Expeditions, Inc.,123 F. 2d 1287 ( 9th Cir. 1997 ), cert. denied 1185 S. Ct. 906 ( 1998 ).
37 . Maurer v. Cerkvenik-Anderson Travel,Inc., 181 Ariz. 294, 890 P. 2d 69 ( 1994 ).
38 . Pelegrini v. Landmark Travel Group,165 Misc. 2d 589, 628 N.Y.S. 2d 1003 ( 1995 ).
39 . Marcus v. Zenith Travel Inc., New York Law Journal, November 19, 1990, p. 25, col. 3 ( N.Y. Sup. ), aff'd 178 A.D. 2d 372, 577 N.Y.S. 2d 82 ( 1991 ).
40 . Gelfand v. Action Travel Center, Inc.,55 Ohio App. 3d 193, 563 N.E. 2d 317 ( 1988 ).
41 . Touhey v. Trans National Travel, Inc.,47 Pa. D. & C. 3d 250
( Pa. C.P. 1987 ).
42 . Chow v. Trans World Airlines, 22 CCH Aviation Cases 17,445
( Ind. App. 1989 ).
43 . Keefe v. Bahama Cruise Line, Inc.,867 F. 2d 1318, 1323-1324
( 11th Cir. 1989 ).
44 . Fogel v. Hertz International, Ltd,141 AD. 2d 375, 529 N.Y.S. 2d 484 ( 1988 ).
45 . Barton v. Wonderful World of Travel,Inc., 38 Ohio Misc. 2d 6, 502 N.E. 2d 715 ( 1986).
46 . Josephs v. Fuller, 186 N.J. Super. 47, 451 A. 2d 203 ( 1982 ).
47 . Rodriquez v. Cardona Travel Bureau,216 N.J. Super. 226, 523 A. 2d 281 ( 1986 ).
48 . Fix v. Travel Help, 541 N.Y.S. 2d 924 ( N.Y. Civ. 1989 ).
49 . Marcus v. Zenith Travel, Inc., New York Law Journal, November 19, 1990, p. 25, col. 3 ( N.Y. Sup. ), aff'd 178 A.D. 2d 372, 577 N.Y.S. 2d 820 ( 1991 ).
50 . Slade v. Cheung & Risser Enterprises,10 Pa. D. & C. 3d 627
( Pa. C.P. 1979 ).
51 . Rosen v. Deporter-Butterworth Tours, Inc., 62 Ill. App. 3d 762, 379 N.E. 2d 407 ( 1978 ).
52 . Bucholtz v. Sirotkin Travel Service, Ltd., 74 Misc. 2d 180, 343 N.Y.S. 2d 438, aff'd 80 Misc. 2d 333, 363 N.Y.S. 2d 415
( 1974 ).
53 . Barton v. Wonderful World of Travel, Inc., 28 Ohio Misc. 2d 6, 502 N.E. 2d 715 ( 1986).
54 . Stafford v. Intrav, inc., 841 F. Supp. 284, 288 ( E.D. Mo. 1993 ), aff'd 16 F. 3d 1228 ( 8th Cir. 1994 ).
55 . Markland v. Travel Travel Southfield,810 S.W. 2d 81, 84 ( Mo. App. 1991 ).
56 . Harvey v. American Airlines, 19 CCH Aviation Cases 18,531 ( Okla. 1986 ). Compare: Fleming v. Delta Airlines, 359 F. Supp. 339 ( S.D.N.Y. 1973 )( air carrier liable for failing to warn of bad weather for flying ).
57 . McCollum v. Friendly Hills Travel Center, 172 Cal. App. 3d 83, 217 Cal. Rptr. 919 ( 1985 ).
58 . Tucker v. Whitaker Travel, Ltd., 629 F. Supp. 578 ( E.D. Pa. 1985 ), aff'd mem. 800 F. 2d 1140 ( 3d Cir. ), cert. denied 107 S. Ct. 578 ( 1986 ).
59 . Connolly v. Samuelson, 671 F. Supp. 1312 ( D. Kan. 1987 ).
60 . Marcus v. Zenith Travel, Inc., New York Law Journal, November 19, 1990, p. 25, col. 3 ( N.Y. Sup. ), aff'd 178 A.D. 2d 372, 577 N.Y.S. 2d 820 ( 1991 ).
61 . Spiro v. Delmar Travel Bureau, Inc.,149 Misc. 2d 613, 566 N.Y.S. 2d 1010 ( 1991 ), mod'd 188 A.D. 2d 792, 591 N.Y.S. 2d 237 ( 1992 ).
62 . Fix v. Travel Help, 541 N.Y.S. 2d 924 ( N.Y. Civ. 1989 ).
63 . Douglas v. Steele, 816 P. 2d 586 ( Okla. App. 1991 ).
64 . Barton v. Wonderful World of Travel, Inc., 28 Ohio Misc. 2d 6, 502 N.E. 2d 715 ( 1986).
65 . Josephs v. Fuller, 186 N.J. Super. 47, 451 A. 2d 203 ( 1982 ).
66 . Slade v. Cheung & Risser Enterprises, Inc., 10 Pa. D. & C. 3d 627 ( Pa. C.P. 1979 ).
67 . Gelfand v. Action Travel Center, Inc.,55 Ohio App. 3d 193, 563 N.E. 2d 317 ( 1988 ).
68 . Bucholtz v. Sirotkin Travel Service, Ltd., 74 Misc. 2d 180, 343 N.Y.S. 2d 438, aff'd 80 Misc. 2d 333, 363 N.Y.S. 2d 415 ( 1974 ).
69 . Trip Tours, Inc. v. Zamani, 22 CCH Aviation Cases 17,425 ( N.Y. Civ. 1989 ).
70 . Prechtl v. Travel House of Garden City, Ltd., 17 CCH Aviation Cases 17,182 ( N.Y. Civ. 1980 ), mod'd 17 CCH Aviation Cases 17,183 ( N.Y. App. Term. 1981 ).
71 . Marcus v. Zenith Travel, Inc., New York Law Journal, November 19, 1990, p. 25, col. 3 ( N.Y. Sup. 1990 ), aff'd 178 A.D. 2d 372, 577 N.Y.S. 2d 820 ( 1991 ).
72 . Compaigne Nationale Air France v. Castano, 358 F. 2d 203 ( 1st Cir. 1966 ).
73 . Levin v. Karmir World Travel, Inc.,143 Misc. 2d 245, 540 N.Y.S. 2d 639 ( 1989 ).
74 . Glenview Park District v. Melhus, 540 F. 2d 1321 ( 7th Cir. 1976 ).
75 . Loretti v. Holiday Inns., Inc., 1986 WL 5339 ( E.D. Pa. 1986 ).
76 . Philippe v. Lloyd's Aero Boliviano,589 So. 2d 536 ( La. App. 1992 ); 710 So. 2d 807 ( La. Sup. 1997 )( judgment for defendants ).
77 . Maurer v. Cerkvenik-Anderson Travel, Inc., 181 Ariz. 294, 890 P. 2d 69 ( 1994 ).
78 . Rodriquez v. Cardona Travel Bureau,216 N.J. Super. 226, 523 A. 2d 281, 282 ( 1986).
79 . Markland v. Travel Travel Southfield,810 S.W. 2d 81, 84 ( Mo. App. 1991 ).
80 . McCoy v. MTI Vacations, Inc., 272 Ill. App. 3d 494, 208 Ill. Dec. 911, 650 N.E. 2d 605 ( 1995 ).
81 . Vick v. National Airlines, Inc., 16 CCH Aviation Cases 18,404 ( La. App. 1982 ).
82 . Rosen v. DePorter-Butterworth Tours, Inc., 62 Ill. App. 3d 762, 379 N.E. 2d 407 ( 1978 ).
83 . Das v. Royal Jordanian Airlines, 766 F. Supp. 169 ( S.D.N.Y. 1991 ).
84 . Burnap v. Tribeca Travel, 21 CCH Aviation Cases 17,321 ( N.Y. Civ. 1988 ).
85 . Pelegrini v. Landmark Travel Group,165 Misc. 2d 589, 628 N.Y.S. 2d 1003 ( 1995 ).
86 . Touhey v. Trans National Travel, Inc.,47 Pa. D. & C. 3d 250
( Pa. C.P. 1983 ).
87 . Vick v. National Airlines, Inc., 16 CCH Aviation Cases 18,404 ( La. App. 1982 ).
88 . Semrod v. Mexicana Airlines, 22 CCH Aviation Cases 17,747
( D.N.J. 1991 ).
89 . Pelegrini v. Landmark Travel Group, 165 Misc. 2d 389, 628 N.Y.S. 2d 1003 ( 1995 ).