Is this enough compensation? They canceled my Egypt tour, but all I get is a credit?

When an airline cancels a flight, you’re entitled to a refund. When a hotel turns you away, you get your money back. Same thing when your cruise is canceled or your car rental company doesn’t have the vehicle for which you prepaid.

But put it all together into a tour package, and curiously, the rules change. Just ask AnnMarie LaRosa-Gee, whose March 5 Egypt tour and Nile cruise was called off, for obvious reasons. Egypt is descending into anarchy, and is unsafe for any kind of tourism.

LaRosa-Gee booked the tour directly, paying YMT $6,032. When the tour operator canceled, it offered her two choices: Either rebook the same tour later in the year or transfer all of her credit to a new 2011 tour.

“I could understand this if we had decided to cancel, but since YMT did, it seems like a reasonable expectation to receive a full refund,” she says.

Is this enough compensation? (If you can’t wait to answer, scroll down to take today’s poll.)

LaRosa-Gee and her mother bought YMT’s trip insurance, but it doesn’t cover political unrest. The fine print on YMT’s terms is tricky. It says, “a full refund will be made to all participants only if the cancellation does not result in a loss of monies to [YMT].”

So unless YMT gets all of its money back from everyone — and presumably that would include the tour guides on the ground who are busy conducting a revolution — then YMT doesn’t owe LaRosa-Gee a refund.

This appears to be an industry-wide practice. The US Tour Operators Association, the gold-standard for American tour operators, explains why on its site.

“When you cancel, a tour operator has already incurred expenses for advance reservations and arrangements, and may be liable for paying hotel and other services contracted on your behalf,” it says, adding that a company will “usually offer other departures or destination alternatives” when it can’t operate a tour.

As far as I can tell, YMT’s answer was within the industry standard, at least for certain cancellations. Once they take your money, it’s theirs and you should consider it spent. LaRosa-Gee might have avoided this problem by shopping around for a better travel insurance policy, although she wouldn’t have known to look for “political unrest” under the policy’s named perils. She could have also booked the tour through a knowledgeable travel agent instead of DIY-ing it.

But answering the question, “Is this enough compensation?” is not so easy. YMT might be doing the correct thing by offering her credit, but is it the right thing?

LaRosa-Gee wants to know. “I would appreciate your opinion and guidance,” she says. “Should I push for a full refund or must I comply with YMT’s offer? YMT is requesting a decision by this Friday, 2/11.”

Well, what do you think?

(Photo: David Ber kowit/Flickr Creative Commons)

  • BucksterSF

    Since the agent canceled they should be due a refund, just as the agent should be due money back for what they’ve paid.

    That said they won’t do anything. Even if they did have to money to do so, which I doubt.

    @Jesse – “As we are the consumers spending the $$, should we have a say on the contracts?”

    Now that is a hoot.

  • jennifer

    @Charles- You’re right. I researched policies and could find only one that covered civil unrest. Most do cover terrorist acts but not this time of situation. Even the biggies like TravelGuard which has an exclusion for “war or act of war, whether declared or not, civil disorder, riot, or
    insurrection.” For this information, I had to go into the certificate of insurance, not the details on Squaremouth or Insuremytrip, to find this information. While I agree that it’s usually not a good idea to buy insurance through the provider, many of the reputable tour groups use regularly available trip insurance providers with the same policies that are available from the insurer directly.

    In any event, when I booked my trip (to Jordan so it’s still on) there was no hint of this type of situation in the Middle East at this time so it’s not surprising that someone would book one of the vast majority of policies that doesn’t cover civil unrest.

  • Stoyko

    Many readers are talking about customers buying insurance, but I believe operators should be buying insurance as well. They should not try to pass any incurred expenses to their customers, especially expenses due to unforeseen circumstances. I don’t exactly understand how this works – many operators claim to be bonded and insured, but I’m not sure what this insurance covers. In any case, there is a lot to be desired in this area. This is a great example where I believe the operator’s insurance should cover all costs the operator is unable to recover so that the affected customers receive full refund.

  • Mark K

    @Charles

    My policy is from Access America. It only covers the airfare portion (and any delays related to air travel) of the trip as the rest is fully refundable for any portion I miss.

    I looked on the website for this policy and the wording for new policies has been changed since I bought mine. The civil unrest and terrorism coverage is still there, but the war coverage is no where to be found any more.

    I agree that finding the correct policy is tough. You almost need to be a lawyer to follow all the twists and turns the wording of the contract can take.

  • Mike

    @ Stoyko – A bond means nothing if there are serious problems. I work in truck transportation. In our industry the legal minimum is only $10,000. A typical transportation invoice is $1,000-1,500. If a broker has problems that’s only enough money for 5-10 invoices when they probably have 500+ invoices outstanding (probably many more if they are in serious trouble). Most bonds wait for all claims before paying anything rather than first come, first served. 500 invoices for a $10,000 bond is just $20. I’ve never successfully recovered more than about $5 from a bond.

    I would assume other bonds are like there. There’s no way a business could have a 100% bond.

  • Eric

    She should get a full, immediate cash refund. This is like a store selling you a brown sofa and then when delivery day comes and they don’t have the brown one, they try to keep your money by offering you a credit you can use on a blue one.

  • Charles

    @Mark K Are you sure Access America covers civil unrest? I went to the Access America web site and looked at the Access America Deluxe policy. If you go to that page and expand the “General Exclusions”, you will see “No coverage is provided for any loss that results directly or indirectly from any of the following unless as specifically included … war (declared or undeclared), acts of war, military duty, _civil disorder or unrest_;” Most policies cover terrorist acts, but with the wording “at your destination”. So, if you had terrorism coverage on 9/11 and got stuck in France, you would get no help from your travel insurance.

    As I’ve said, I always buy travel insurance when travelling outside the US. I’m hoping it will help should a trip be disrupted, but I’m more concerned about the expenses they cover that could bankrupt me, like hospitalization or medical evacuation. And, there are things that happen more frequently than we may like, such as a resort or airline bankruptcy (you would be surprised how many resorts in Jamaica are in receivership). I’m not too concerned about terrorism, civil unrest, or war. You take your chances in life and those are really low probability events.

  • http://www.sfgate.com/cgi-bin/blogs/travel/detail?entry_id=82120 Arizona Road Warrior

    @ jennifer – “@Charles- You’re right. I researched policies and could find only one that covered civil unrest.”
    - – - – - – - – - -
    You can purchased a policy with a Cancel for Any Reason benefit and you are covered. This is what is recommended by Carol Mueller of Travel Guard.

  • Arizona Road Warrior

    @ Joe Farrell – “AZ Road Warior = what are you smoking? This not a travel insurance situation – the tour operator canceled the trip.”
    - – - – - – - –
    First, I voted ‘No’ because I believe that the OP was not compensated correctly…there should have been full cash refund.

    Second, the terms and conditions of YMT state that they give a credit for a future tour if they cancelled a tour. Without reviewing\researching\etc. the legal aspect of their terms, the ONLY way to protect yourself IF you want cash back refund if you purchased a tour from YMT is to purchase a travel insurance policy (not a travel protection plan from YMT) with a Cancel for Any Reason benefit.

    I agree with you that the tour operator canceled the tour and it is NOT the fault of the OP. That is why I disagree with Chris Elliott statement of “This appears to be an industry-wide practice.” in regards that it is the standard practice to issue credits than cash refunds when a tour operator cancels a tour. Based upon my limited research, I have found the opposite (i.e. the tour operators give a FULL CASH refund if they cancel a tour).

    I went to Trafalgar website since Trafalgar is the “the world’s best-selling tour company” (their statement) as well as being owned by The Travel Company which consisted of 17 travel companies (Trafalgar Tours, Insight Vacations, Contiki Tours, Uniworld Boutique River Cruise Collection, Red Carnations Hotels, AAT Kings, Creative Holidays, Brendan Vacations, New Horizons, Grand European Tours, Milestones, African Travel, Lion World, Busabout, Aussie Adventures, Haggis and Shamrocker Adventures and Evan Evans Tours.).

    Trafalgar is a member of the US Tour Operators Association (USTOA). If Trafalgar cancel a tour, you are given a FULL refund of the money that you have given to Trafalgar. I am guessing that the other sister tour operators like Contiki, Uniworld, etc. has the same terms as Trafalgar.

    I went to the websites of Cosmos and Globus, other large tour operators and members of the USTOA. Again, their terms are if they cancel a tour, you are given a FULL refund of the money that you have given to them.

    I went to websites of Pacific Delights Tours, China Travel Service (USA) Inc. and Ritz Tours (smaller tour operators than Trafalgar, Cosmos and Globus but they are members of the USTOA). Again, their terms are if they cancel a tour, you are given a FULL refund of the money that you have given to them. In regards to Ritz Tour, we were schedule to take a Yangtze River tour from then on 9/15/2001 and it was cancelled due to 9/11 and we received a full refund.

    I didn’t went to the websites of every USTOA member (there are 148 members); however, the terms and conditions on the six sites that I did visited, these tour operators give a FULL CASH refund if they cancel their tours. I am sure that there are some tour operators (we are aware of YMT) that give credit for a future tour NOT full cash refund.

    Personally, I won’t purchase a mass-marketed (the tour in this article) tour that can only be purchased from the tour operator. I have read too many complaints on the Internet from people that have purchased tours directly from tour operators. Several of these complaints are probably the results of a traveler being sold a tour that was NOT a good fit for them. These sales reps for these tour companies are there to sell tours NOT to consult with a traveler on finding the best tour for them based upon their interests or even telling them that a tour is not for them.

    IMHO, the OP probably would have been better served by a professional travel agent. This tour won’t be available to be purchased. Even if it was, a professional travel agent should have pointed out this term of a credit not a cash refund in case that the tour was cancelled by the tour operator.

  • Michael K

    @Arizona: “the ONLY way to protect yourself IF you want cash back refund if you purchased a tour from YMT is to purchase a travel insurance policy (not a travel protection plan from YMT) with a Cancel for Any Reason benefit.”

    I believe this is wrong. I searched on squaremouth for “Cancel for Any Reason” policies, and each time I look at the policy details, the “Cancel for Any Reason” refund is for only 75% of the lost trip cost. Factor in the cost of the policy itself and you typically get back less than 70%.

  • Charles

    @Arizona Road Warrior “You can purchased a policy with a Cancel for Any Reason benefit and you are covered.”

    Yes, that is true up to a point. First, the cancel for any reason payout may not be the entire amount. For TravelGuard Gold, the cancel for any reason payment is up to 50% of the trip cost, so you could still be out a lot of money. Also, that’s if you cancel. If you were in Egypt or in route when the trouble started, your policy would not cover anything, since it’s too late to cancel and you may incur great expense getting home and lose the entire trip cost.

    I buy travel insurance, so don’t take this to mean I’m opposed to it. But, you should be realistic about what it will cover. I also wonder why they don’t cover war and civil unrest? Those seem much lower probability than hurricanes and other natural disasters they do cover and nothing is covered if they know it could be coming, anyway.

    “This is what is recommended by Carol Mueller of Travel Guard.”

    Well, she would, wouldn’t she?

  • barbie45

    Arizona, thank you for your extensive research on this particular topic. I have checked the reviews fot this company . I think it is a little strange that they will only accept cash for the final deposit. They will accept credit cards for the deposit.I was shocked that their BBB rating wasBplus. Also you can book this company on Frommers budget travel .

  • Steve

    I think when a travel operator cancels the trip (as opposed to the traveler opting to cancel even though the trip will go on as scheduled), the traveler should be due a full 100% cash refund, period.