Her plans changed, but now her travel agent wants her to pay up

Any day now, I’m expecting a call from Heather Barksdale’s travel agent. That’s because she owes the agency for a plane ticket to Europe — or at least, that’s what they claim.

Barksdale wants to do the right thing, and she’s asked for my help. Should she pay up?

I’m not sure, but maybe you have the correct answer.

Here are a few details: Barksdale made her initial travel plans through a bricks-and-mortar agency. And with good reason. An agency can handle a more complex itinerary and offer advice you might not find online.

Her agency sent her a contract in which she agreed to allow the agency to make a booking on her behalf, even if it didn’t have her credit card information. Barksdale signed the contract electronically, but admits she didn’t read the document carefully.

“I did not realize it was stating that the agency would purchase the plane ticket on my behalf prior to receiving the requested check payment,” she says.

Then Barksdale asked her agent to book tickets through KLM by email. But within a few hours, her plans changed. She says she had misgivings about the agency — the itinerary, she said, “didn’t feel secure” and so she booked the tickets herself online.

But a few days later, she received an email from her agency, requesting a payment for the tickets.

“A close friend works with this agency frequently for international travel,” she says. “I do not want to be unfair in my refusal to pay for a ticket I didn’t intend to purchase and I do not want to go up against any type of legal proceedings.”

What should she do?

I think it’s unusual for an agency to not ask for a credit card number before making a booking on behalf of a customer. So that’s my first flag. But Barksdale confirmed that the agency doesn’t have her card on file, just a signed contract.

I asked Barksdale if she’s sure she instructed the agent to buy the KLM tickets. Again, she verified that yes, she’d asked for the tickets.

Did she notify the agency that she wanted to cancel?

Yes. Within 24 hours of my initial communication I emailed the agent to express my thanks for her assistance but that my travel plans had changed.

She acknowledged this with a return email.

Per the KLM’s 24-hour cancellation policy, they allow cancellation of reservations without penalty for 24 hours after the reservation is made.

Barksdale emailed this information to the agent with a check for her professional service fee of $75. But she refused to pay for the tickets.

She wants to know: Did she do the right thing?

Here’s where I could use your help. The travel agent should have asked for a credit card number. When Barksdale emailed her to cancel the transaction, the agent should have also canceled the plane tickets.

But I haven’t reviewed the emails between the two parties, so I don’t know how clear they were with each other. Given the lack of attention to detail on the part of both parties, I think there’s a high probability that something got lost in the translation.

“With only my name and birthdate and no down payment or credit card information can this company legally bind me to pay for this ticket that I have not technically been issued?” she asks.

I suppose it’s possible. The agency might send her an invoice, a lawyer letter, or refer the matter to a collection agency. They could force her to pay for a ticket she never wanted.

But what’s the right thing to do?

  • TonyA_says

    Except for ASIA (where I sell the most).

  • TonyA_says

    If you read it again, it appears the OP did not feel secure. I wouldn’t feel secure either issuing a CHECK to a travel agency (I don’t know). So she chickened out and bought from a vendor that probably took her CREDIT CARD.

    I deal with these issues every day. To avoid any problems I only sell using credit card [pass through to airlines] payments. I am with the OP here. I would not want to buy a KLM ticket paying a check to Abrakadabra Agency. I would like to pay KLM.

  • http://www.facebook.com/CarverFarrow Carver Clark Farrow

    I don’t know if I’d want to hang my hat on a preposition.

  • ExplorationTravMag

    I see what you’re saying, Tony, I really do. I just don’t think she handled this as well as she could have. The time to consider this is BEFORE she gives them permission. Once permission is given, it’s difficult to rescind it.

  • http://www.facebook.com/CarverFarrow Carver Clark Farrow

    Why would someone hit the dislike button to TonyA’s post. That is just beyond belief. Since when is asking a question a bad thing?

  • TonyA_says

    Mike, if it ain’t required, then who will buy from an agency?
    You mean consumers will get LESS protection by buying from an agency? If I get 24 hours cooling off period buying directly from an airline, and get nothing from a travel agency, then why will I buy from an agency ???

  • TonyA_says

    The problem is the customer is NOT given this payment form (or contract) until some booking (a reservation) is done since the form has the booking details. So customers can get blindsided. They do not know they will need to pay by check to an AGENCY until they get the form.

  • http://www.facebook.com/CarverFarrow Carver Clark Farrow

    Yes, we are only speculating at this point. But by accepting the initial transaction via e-mail, the company has given implicit permission for the OP to transact all business via e-mail with the company. Unless the contract makes specific references to cancelling by e-mail, an e-mail requesting cancellation will be legally sufficient.

  • TonyA_says

    As a travel agent myself who deals primarily with these so-called “consolidators” on a daily basis (since the ASIA market has great BULK fares payable by credit cards), I should know something about this. In fact, I should be voting in favor of the travel agent. No?
    Carver, I could not care less if a million dislike buttons were pressed.
    Consumer advocates have worked hard to get the 24 hour rule. A few dislike buttons won’t change that :-)

  • http://www.facebook.com/CarverFarrow Carver Clark Farrow

    Perhaps. But a layperson shouldn’t be responsible for knowing industry jargon. The professional is responsible for educating the customer to ensure proper communication.

  • TonyA_says

    The way I read it, the OP wanted to PAY KLM not the agency.
    Would you pay a travel agency with a check named to them for a KLM ticket? I won’t.

  • bodega3

    We have received nothing about this ruling from our vendors, only from the carriers. Bulk and net fares are handled differently but, again, we don’t know the type of fare the OP was purchasing and from where.

  • bodega3

    I won’t sell a ticket for cash and so most of my international tickets are not being purchased through consolidators as the savings isn’t worth the risk.

  • TonyA_says

    I meant that for ASIA BULK FARE, airlines still allow charging credit cards. That’s good. I don’t do cash sales either. And I don’t have to make up tours or something that will force me to sell the airfare for cash. I would also add that unless you have a good commission contract with the airlines, it is hard to beat those “discounted – published*” fares offered by “consolidators”.

    * not bulk fare but published fare with tour code based high commissions.

  • TonyA_says

    All this talk makes one NOT want to buy from an agent.
    I thought people come to travel agents because they offer better service than airlines. If I can’t offer a 24 hour cancellation period for ANY fare, (published or bulk) then my clients do not need me. IMO she, the OP, was being sold a LOUSY deal because she could not pay with a credit card. I do not blame her from running away.

  • TonyA_says

    Unless the agency is STUCK with the ticket, your comparison with contractors does not work. The agency will have to show some damage before they have a good case.

  • TonyA_says

    Carver, we don’t even know if the travel agent actually purchased a ticket, didn’t or couldn’t void it, and got stuck with the bill. If they we not damaged then this case is about nothing. They got $75 for the work, right?

  • EvilEmpryss

    My apologies, the article does say that *KLM* offers the cancellation period. But if the OP requested the cancellation within the 24 hours, it’s the agent’s job to make it happen. If the agent failed to do so, it’s still on the agent. It’s the price of doing business.

  • Cybrsk8r

    Here’s my solution. The OP should pay for the ticket. Then, since she in fact paid for the ticket, it belongs to her and the TA must then hand over the ticketing information to the OP. The OP can then cancel the flight and possibly be able to use the credit on a future trip to somewhere KLM flies. I think this would be fair to everyone.

  • TonyA_says

    I think agents (consultants) should get paid to do research. That’s the hard part. Issuing a ticket after that is easy.

  • TonyA_says

    We really don’t know if the agency actually ticketed this or if they did and voided it. With the little amount of money to be made is selling airline tickets, there is no reason to take such a risk.

  • TonyA_says

    I can cancel and void any ticket I sold through ALL my “consolidators” within 24 hours. Have been doing this for years. BULK or PUBLISHED does not matter. I do this thing day in day out without even thinking about it.

  • bodega3

    They do on ‘published fares’ but bulk and net fares are contracted and we don’t know what the OP was getting. To be honest, the new ruling isn’t as clear cut as you might think it is.

  • http://www.facebook.com/CarverFarrow Carver Clark Farrow

    I”m assuming that they agency is stuck with the ticket. If they cancelled it and got their money back then they should be going to jail for fraud.

  • http://www.facebook.com/CarverFarrow Carver Clark Farrow

    My question though is can you charge BOTH a service fee AND mark up the ticket?

  • bodega3

    Then she shouldn’t have signed the contract and she certainly shouldn’t have purchased a new ticket until she made sure she had word from the agent on the cancellation or no cancellation.

  • http://www.facebook.com/CarverFarrow Carver Clark Farrow

    Agreed. In my profession, I can draft paperwork in five minutes. Its the research that takes forever.

  • TonyA_says

    Shouldn’t they attempt to DELIVER the ticket and demand payment. Or are they just demanding payment without proof they already ticketed her.

  • TonyA_says

    She assumed she had the right to change her mind and cancel within 24 hours since that DOT rule was everywhere in the news.

  • TonyA_says

    Very good point. A consumer buys a ticket directly from KLM, reads the airline’s own website and assumes he has 24 hours to cancel it without penalty. Now why on earth would the same consumer NOT get the same benefit is he bought a KLM ticket from a KLM appointed agency? As far as I know the agent does not get to change the terms of the principal (the airline). So if the airline has to abide by the 24 hour cancellation rule, then so do all its appointed agents. In reality the agents gave 24 hour grace periods way before the law (Enhanced Passenger Protection) was enacted. Agents (including so called consolidators) always had the 24 hour ARC-VOID process to use. The law just made the airlines catch up with what their agents were already doing. This has nothing to do with a fare rule. Agents always had the ARC-VOID option regardless of type of fare. To say now that consumers do not get a 24 hour cooling off period is to turn the clock back in terms of consumer protection. This is just bad news for consumer advocacy. Agents should offer consumers the same protection that airlines do or else there is no need for agents.

  • http://www.facebook.com/chicke.fitzgerald Chicke Fitzgerald

    Unless the ticket was purchased on a Monday and form of payment was cash (which would have been foolish on the part of the agent), the ticket could still have been voided before ARC report was completed.

  • BMG4ME

    I can’t answer the poll because I don’t have enough information. When you have told me the content of the e-mails then I can answer.

  • bodega3

    Yes.

  • bodega3

    But to purchase the second ticket before getting verification of the cancellation was a dumb move.

  • mikegun

    I wouldn’t, but I’m not questioning the wisdom of booking through an agency or not.

    It’s simply about when you purchase a bulk fare through an agency (or if the agency acts as an intermediary to secure those tickets) do the same rules apply?

  • http://www.tushark.com/ tushark

    Initially I thought she should pay, but not after reading KLM’s policy details. If they could cancel, and she instructed them to cancel, they should have. If, on the other hand, KLM didn’t have such a cancellation policy, I would say she should pay

  • TonyA_says

    it would be DUMBER if the travel agent ticketed without payment in hand. I really hope they did not do that. Not too long ago, one of our agents sold a consolidator ticket to what sounded like a Nigerian scammer with a fake Brooklyn address using a Barclayss credit card. She only told me of the inconsistencies more than a day later. The guy had a thick African accent yet presented a passport of a white guy in a business suit. Also our gal assumed a Barclays bank card is USA issued. Nope iy is a British card and you cannot do address verification. I told her to call up the consolidator and have the ticket voided even if was way over 24hours. Done. No problem. In order for me to compete in pricing for most if not all tickets, I simply ticket my PNRs using consolidators with whom we had years of good experience.

  • sundirec

    As a Brick and Mortar TA who has been issuing tickets for 18 years, GDS(airline direct), consolidators, tour operators, there are a few things that stand out, on the way this agency does Airline ticketing. (The information below does not apply to established Corporate accounts)
    1) When a new customer wants to pay with check, the check must be received and clear their bank before we issue ticket. And yes the fare can change in that time frame. Also, customer can stop payment on a check leaving you stuck with the ticket, (that is why the check must clear first). There are legal proceedings you can take to try and recover your money, (for $75, “it ain’t worth it”).
    2) Try inforcing an agreed to ‘online contract’, legal fees and time; again, “it ain’t worth it”.
    3) Even with credit card transactions, a chargeback is time consuming and frustrating to deal with, and you don’t always win, (even when you are right). A signed and imprinted UCC (credit card) form is still the only 100 % item you have in your favor with airlines an CC companies. This is why consolidators want a copy of everything you (or the customer) owns, before they will issue a ticket.!
    4) If someone tells you that they want a specific itinerary on KLM or any airline for that matter, they have done some online research and have an idea what the ticket price is, but a friend told them to try, such and such Agency because “they alweays get me a good deal”. Based on experience, this person went back on line and found something more attractive, and just “booked it” and wanted out of the agent quote.
    5) Better to leave this type of situation to the OTA’s. They have Million dollar funds set up to deal with people who renege on ticket purchases.
    6) Bottom LIne: for $75, “it ain’t worth it”.