“Unethical” travel agent claims commission after client finds a bargain online

bermudaJerry Ginnis says his first mistake was asking a travel agent for a quote on a Bermuda vacation. He’d already found a terrific price online — a week at a luxury resort for $2,800, about 40 percent off the normal rate — but a friend suggested he call, anyway.

The agent quoted him a slightly lower rate and offered to hold the reservation for 24 hours. He agreed.

Ginnis went back online and found the price had dropped to to just $1,100 for the week. Unbelievably, the hotel also threw in a concierge-room floor. Ginnis booked the package on the spot.

And here’s where it gets interesting.

His agent phoned the next day, asking about the reservation that was on “hold.”

“I told her I’d found a better price and had already bought it online,” he says. “She said, “no way,” and asked for the details.”

All of which brings us to mistake number two: Ginnis emailed the agent his reservation number.

The agent phoned US Airways Vacations, which offered the package, and claimed the reservation as hers, pocketing a $100 commission. According to Ginnis,

This agent did not have any authorization to go into my account let alone add themselves as the contact for my trip. In my mind this was unethical. I am at a loss as to what to do about this.

Why is this an issue? Because when Ginnis checked into his hotel, he was asked for a voucher from his agent. He didn’t have one. Although that matter was eventually cleared up, a subsequent call to the agent only made the situation worse. The agent, he says, was defiant, claiming that it was better to be working with an agent, “in case something went wrong.”

“The agent wasn’t looking after my interests,” Ginnis says. “She was looking after hers.”

I contacted US Airways on Ginnis’ behalf, mostly out of curiosity. An airline representative called the agent’s behavior “deceptive” but not illegal. US Airways’ policy is to give travel agents a commission when they call with a booking number.

US Airways won’t strip the agent of her commission, but it is investigating the matter and is considering changing its policy. “We may start contacting clients to verify they’re working with an agent,” a spokeswoman told me.

So who is the agent? I have asked for her side of the story, but she hasn’t responded yet. I can say that she works for a large travel agency in the Philadelphia area. I can also say that Ginnis is filing an ethics complaint with the American Society of Travel Agents and complaining to the local Better Business Bureau about her behavior.

But this isn’t as much about the agent as it is about the practice of collecting a commission to which you might not be entitled.

Should the agent have claimed this booking? Had Ginnis paid for the initial reservation, then yes. But he found a subsequent deal online, without help from an agent.

Makes me wonder how widespread this practice of collecting undeserved commissions is, and whether cus0tomers are even aware of what’s happening behind the scenes.

At the very least, I believe we’re entitled to know if our reservation is linked to a travel agent.

Update (10 a.m., July 22): The agency has responded to my request for a comment and referred the matter to its legal department. Stay tuned.

Update (3 p.m. July 22): A representative from the agency has left a phone message, promising a response by “Monday, Tuesday at the latest.” I’ll update this post when I hear back from the company.

  • Ames

    Since the agent changed the reservation to indicate she was the “contact”, there could have been a disaster in the making if there had been any flight time changes. Ginnis might have never received any notification. He is very lucky that all went according to plan.

    I do not think I would have given the agent any information about the lower cost reservation, I would have just said, “no thanks, my plans have changed”, to the one on hold.

    BTW, I have had agents insist they found the bset deal for me, when with subsequent searches, I found better on line myself. One was a cruise, at less than half the quoted price, the other was a rather complicated airline routing to India. There are wonderful agents out there, but there are also some real sleezeballs. One has to depend on one’s own intuition to figure out with which one is speaking.

  • John

    I know you went to press quickly with the story but I really would want to hear the agents side in this. There could be a number of arguments why this might (I said might) be ok.

    For example … the agent’s claim is that they sold Jerry on the package that he booked. Jerry had no idea that this package existed until they talked to the agent. The agent told Jerry what she was going to do (service the booking) and it didn’t impact Jerry at all. In that case, it might be ok.

    Example 2. USAir assumed when the agent called to enquire why someone found a lower price than what was in the res system that the agent was responsible for the booking and USAir moved the booking without a request. Commissions normally come after travel so the agent might not even know that it was moved.

    In all probablity, its none of these and just an agent trying to make a quick buck. In which case everything Jerry has done is warranted.

  • sami

    But here’s the thing: How do you find a good agent? One that will actually save you money/hassles? I know these rogue agents are the exception, not the rule, but how do I find someone that justifies paying a bit extra? I guess, for now, I will stick to finding Travelocity bids and dealing with any fall-out on my own.

  • John Felker

    Why was Mr. Ginnis’ “first mistake” asking an agent to quote a price? What do you have against travel agents?

    Yes, what this agent did was not right, but you cannot paint all agents with this same brush. I’m very disappointed in you Mr. Elliot!

  • http://www.singleparenttravel.net John F

    I agree it was snarky; but you do need the agent’s side of the tale. From an agent’s perspective, it is frustrating when you do work on behalf of a client/prospective client and the client then books somewhere else without conferring with the agent. That is just plain rude.

    Most suppliers will not move any booking from the original source unless it is requested by the client. I have not had the opportunity to do this with USAV but I have not run across ANY supplier that will do it on the word of the “acquiring” agent.

    Please contact the agent and get his or her side. It will make for an interesting follow up.

    As for flight changes and delays–not too much of an issue because of the US service to BDA from PHL.

  • Allison

    Why would Chris even think of printing an article with only one side of the story? Because of his bias against travel agents?

    One thing Chris’s article points out is that the customer found a deal online but was (for whatever reason) reluctant to push the button. He is referred to an agent by a friend and the agent then validates for the customer that it is, in fact, a good deal only she betters the price. She probably advised him on his hotel choice, things to see and do, restaurants to try, whether or not to take the hotel’s meal plan, etc etc. And she clearly wanted the sale because she called him the next morning to see about finalizing plans.

    I think the customer is a jackass who took the agent’s intellectual property without paying.

  • http://boardingarea.com/blogs/viewfromthewing/ Gary Leff

    The striking thing here? Not the behavior of the agent but that they’re quoting prices around DOUBLE what a person can find online on their own…

  • Christopher Elliott

    @Allison I don’t have a bias against travel agents — only bad ones.

  • david abraham

    there are so many incorrect statements in this article as well as comments from people. I operate a 5 Traditional brick and mortar agencies as well as 2 successful Online travel agencies.

    1st off if the agent made a booking with usairways and the client made the booking as well… this is called a Double booking WHICH by airline policy is NOT allowed. if the agent booking was 1st then the airline will cancel the @nd booking by choice.

    2nd The travel agent has performed a job so the client must take into consideration did they expect work to be free?

    3rd The agent earned the commission on the price therefore, the client did not pay any fee or pay more then they would have. the commission was paid by the airline…and i will assume it was as a result of the double booking.

  • Ames

    John and John F: Ginnis ALREADY had his plans before he contacted the agent. She had a slightly better rate on what he already found. He went back and substantially bettered that price. I don’t see that the agent provieded any benefit to Ginnis.

    John F, “As for flight changes and delays–not too much of an issue because of the US service to BDA from PHL” That’s easy to say from home but just try being there when US Airways melts down in PHL. I was there in a minor meltdown about a week before their big Christams melt down and I would not wish US Airways or PHL on my worst enemy. I have never met such rude and vulgar employees on any airline in the world. Passengers were cattle and luggage just debris to throw around. PHL to BOS is an easy connection, there were four available but they wanted me to get on any plane with a seat and throw my luggage on any plane with space and hope it would all get sorted out in Boston sometime later. When I asked if I could just wait it out and go later I was cursed out for snarling their plans and this was after their flight from Paris was 8 hours late. Eight hours that could have been used to plan an orderly transition. So I ALWAYS want to be the one notified if there is a flight time or change so I can take any action I may be able to ameliorate the situtation. Even if it is just to make sure I have a book to sit quietly and wait for the dust to settle.

  • David Z

    From an agent’s perspective, it is frustrating when you do work on behalf of a client/prospective client and the client then books somewhere else without conferring with the agent. That is just plain rude.

    Indeed. One catch is the prospect (which I think is a more accurate word than customer) hasn’t seemingly said they’ll pay the agent for that held reservation, unless there was maybe an “explicit” agreement to do so?

    Seriously, that’s one reality travel agents ought to consider by now: unless the prospect, client, whatever “promised” to pay for that held reservation, don’t expect all of them to pay. People are always on the lookout for bargains, some of which can be better than what travel agents are willing to offer.

    Our group has long expected that. Only we don’t promise we can hold a reservation as we don’t want to make promises we can’t keep. :)

  • Bill

    I see what is probably a few travel agents making comments – I don’t have anything against travel agents either. But until you guys figure out a way to cull the bad ones from the good, you’re going to get a lot of this. I figure my chances of finding a decent travel agent, based upon my experiences when I walk into an agency are somewhere around 10%. Although I’ve not done a formal survey, the 10% is generous in my personal experiences over the past serveral decades. I cannot think of a single industry/service where I’ve had such a low success rate.

    By decent travel agent, I mean:

    -One who knows or can find out reasonably quickly the airports where i am going – obscure places like London UK.

    - One who can find out their price on something like a London Pass – something I found without knowing the name of in a couple of minutes and she could not find the price of for a half hour.

    - One who can find a non smoking hotel room in the same cities I can find on in under two minutes.

    The list goes on. However, my experiences with the travel agents I’ve dealt with, is in a word, pathetic. And the worst one, bar none, was an agency that worked for Amex Platinum card services. When I complained, Amex confessed to “having a lot of problems” with them. This was about 10 years ago.

  • Chris in NC

    Its obvious what the travel agent did was unprofessional. BTW, I thought service providers didn’t pay commissions anymore, so the $100 commission really is impressive. (especially on a $1100 fare)

    @ Bill: I think your post is right on the spot. The truth is, with the internet, what once required travel agents to do can now easily be done by the traveller (consumer). The successful travel agents are the ones that have carved out their niche (ie complex itineraries, customers where money is no object, or contract out to corporate services). The agents that depend on selling to the average consumer are dinosaurs and will be extinct. As a former business traveller and an experienced traveller, I fail to see the need for a travel agent on 99% of my travels.

    The last time I used a travel agent was a corporate travel agent that I was required to use for business travel. In my opinion they were worthless (they booked what was easier to book without regards to anything else). I fail to see the need to pay twice as much for a ticket when a minor booking change could save $$$. (Yes, its company money, but it still comes out of my travel allowance) In the end, I would go online, find the flights, obtain the booking codes and tell the agents exactly what to book.

    Travel agents have been historically “full service” providers (ie you told them what you want, they take care of ALL the details, from booking flights, coordinating between providers, taking care of you if problems arise, etc.) The notion that a “travel agent” will act as your advocate in times of trouble is a joke. No travel agent gets compensated enough on $200 coast-to-coast tickets to go through the hassels of arguing with the airline. In my travels, I found that I am the biggest advocate. Have I always gotten what I’ve needed or wanted? no, but more times than not, I have managed to stay out of trouble (being elite helps). The trouble I have with a lot of the comments on this forum is that many are from seasoned travel pros. Anyone who seeks Chris for help is likely someone who doesn’t know the ropes.

    A decent travel agent to me is someone who is proactive and knows the tricks of the trade (like never booking a 50 minute connecting flight through DTW, IAD, EWR, CLE, etc) without being reminded and prompted. But, if I require the services of a decent travel agent, I fully expect to pay them a fair rate ($50/hr, etc), as it isn’t coming from commissions anymore. For most of my travels, its simply not worth it!

    Another Chris

  • Jeff Linder

    The number one way to find a good agent is word of mouth. But by that, I don’t mean just ask for the name of a person who booked a flight, but also why they thought the agent was good.

    What I look for in an agent may be different than others. I generally am not looking for the cheapest trip for a vacation, though I won’t say no to discounts. For me, an agent’s most important role is damage control. As an example, for our upcoming vacation, Alaska Airlines made some wholesale flight changes. Before she contacted me, my agent already had different options in hand, had arranged with the airline to make sure I would not pay more, and had seats held on what she thought was the best option.

    This is especially important when you are ON vacation. On our last trip to London, there was a change that occurred on Thursday. When we returned to our hotel there was a message from the agent indicating she had already resolved the issue.

    That’s important to me, and I know I am paying a little for that service. If I was looking for cheapest only, she would not be the best option. I also prefer to do my own research, so I am not looking for an agent with encyclopedic knowledge. I personally want a problem-solver.

    Travel Agents are like any other professional. I compare them to doctors, you have good ones, and bad ones. When you find one that works for you, you keep them, if not you move on. It took me 4 travel agents to find one that worked for me, but now that I have one, I am good for quite a while.

  • Alan Fiermonte

    OK, so Chris, how do know this agent was a “bad one” without additional information from the agent’s perspective. If, in fact, the client took the agent’s expertise and capitalized on it, by failing to tell US Airways Vacations, then there might be justification to claim the booking. The client did not disclose to the agency that they were improving and refining the identical booking that the agent had already set up. There’s also the issue of capacity controlling and yield management on the part of the wholesaler and their suppliers…the price could have change at any time when a pricing analyst/yield manager (I was one such person at Apple Vacations) entered the wholesaler tour system and removed large surcharges, changed hotel rates, threw in new value-for-same-dollar, etc. Journalism, dude, is collecting all the facts and sorting thru the three sides to every story. Your story is a consumer pontification and agent assassination as it stands on its solitary leg right now.

  • Ann, CTC

    @ Chris E – the problem here, Chris, is that the entire tone of your article implies that the agent was wrong here. Automatic guilt. And it was a very poor choice of words to start things off with “Jerry Ginnis’ first mistake was asking a travel agent…” as well as to title the article as you did, especially since you didn’t have all the facts from both sides.

    I happen to agree that it sounds bad for the agent. I would NEVER claim a booking without the client’s approval.

    @Ames – pricing changes happen constantly and at a moment’s notice. Likely the agent would have discovered that when she went back into the booking if the client had given her the ok to go ahead. Then who would have been the hero?

    @Bill – you’re not hanging out in the right places ;). Come over to TalkingTravelers.com. A few of us are over there…

    What most consumers do not realize is that much of an agent’s work is frontloaded. It’s not that booking and paying for a package or airline ticket is that difficult. It’s the work involved in finding that package or flight itinerary, checking multiple suppliers, multiple flight options on multiple airlines that is the hard work. And then to actually earn that commission we have to book it, get it paid and then have the traveler actually travel. When a consumer asks for a price quote, all that work is done in order to get a quote. And if the client does not book and travel, we don’t get paid. Hence some agents now requiring some sort of retainer to even quote. After all, the consumer came to the agent, therefore must see some sort of value in the service, why shouldn’t they get paid for their knowledge? Otherwise they would stay with dealing direct or online. So I encourage consumers to think about what they are asking agents to do when they call 4-5 agencies and ask them to quote. It is not in your interest to cold call. Your best interests are served by establishing a relationship with an agent, even if you only travel once a year. A good agent will remember you and go the extra mile for you. A good agent will tell you when you are better off booking yourself and saving a ticketing fee. Are we always right? No. But I’ll bet my odds are better than yours, because in the end, it’s all about being in the right place at the right time.

  • August

    What I am suspicious of is that when the client contacted the agent, the agent found a “slightly lower rate” – and that perhaps the agent had actually found the $1100 rate that the client discovered and purchased the next day.

    Here is an unethical agent’s dream scenario – client provides all details of trip, including price of $2800, and seems to be okay with that rate. The agent finds it can be done for $1100, and offeres a small discount on the initial amount – say, a new total cost of $2500. The agent hopes that the client will say “wow, you saved me $300, please book this for me!” – leaving a $1400 profiit for the agent. Salivating, the agent calls the client the next day, hoping to finalize the windfall transaction – and is incensed to find the client found the $1100 rate on their own and booked it. Then the agent calls the airline and tries to get whatever they can.

    Worst case scenario, but not out of the realm of possibility.

  • http://www.cutcat.com Regina

    This didn’t affect the customer in a negative way, but of course it’s unethical to claim a commission when you didn’t book the trip. I might have told the agent what I found before I booked it, and asked if he could match the price. But I don’t think the customer was at fault. Allison said the customer “took the agent’s intellectual property without paying”. This statement is totally wrong. First of all, a trip, in and of itself, is not anyone’s intellectual property. Second, you are assuming that the agent gave the customer additional advice about restaurants, etc., although you have no proof of this. Third, what do you mean by “without paying”? The commission came from the airline, not from the customer. Are you suggesting that if a customer finds a much better price on a trip, he should ignore it and book with the agent? It’s one thing if the agency charges a service fee, in which case the agent should discuss up front what the fee is, what it includes, what the payment policy is in the event the customer finds something better, etc. But in this case it doesn’t appear there was a fee involved.

    On a related note, John F. said, “From an agent’s perspective, it is frustrating when you do work on behalf of a client/prospective client and the client then books somewhere else without conferring with the agent. That is just plain rude.” I own a business, so I do understand this. People call us, stay on the phone for an hour asking hundreds of questions about products, and then we never hear from them and we have to assume they bought it elsewhere for less. Sure, it’s annoying, but that comes with the territory of owning a business. Some people will call us back and ask if we can match a price they found elsewhere, and sometimes we can do that and sometimes we can’t. We certainly appreciate it when customers give us a chance to match price, but the bottom line is that you can’t take it personally if they don’t call, and it sounds like some agents do take it personally.

  • Chris in NC

    @ Travel agents,

    I’m not anti-Travel Agents. I just think that as travel products have evolved, most consumers will not see a benefit from using a Travel Agent. Part of the problem is that most consumers still operate under a notion that a Travel Agent is free to use, and that they are paid sizeable commissions. That’s just not true. After all, 20 years ago, when flying short haul, you got a meal, drinks, blankets, pillows, magazines, newspapers in coach class. 20 years ago, there were limited options on Internet bookings. I remember paying CompuServe a lot of money for the ability to access EaasySabre (it was text, and you had to look at the booking codes F Y B H V Q etc) to find the best fares.

    My father (now retired) used to travel on complex itineraries to Asia for business. He always used a travel agent. The agent was really good, and even bailed me out a few times because of the relationship he had with the family. Now that commissions are mostly gone, the revenue has to be made up somewhere. Like Jeff said, a travel agent is a professional service (like an attorney, accountant, etc). You can do your own taxes or go to a professional. All is fine unless something goes wrong :)

    @ Ann, it amazes me that people would call 4-5 agents to get a ticket quote. Any Internet search engine will plop that information out.

    Will I use a travel agent? Absolutely. If I am spending $10000+ on a once in a lifetime trip somewhere, I’d be silly NOT to pay a good travel agent to assist. As with Jeff, I do a lot of research myself, so I don’t need to be spoon fed information. Most of my trips now are the quick trips where the airfare is under $1000. I wouldn’t want to waste a travel agent’s time for those bookings!

  • Alan Fiermonte

    OK I re-read Chris’ story…and I realized that because of how US Airways Vacations’ wholesale tour system and reservation center works based on my professional experience, the client was probably booking the same or better package product, validated by the agency’s work effort with an already named, legally-valid booking on hold (a courtesy-confirmation of which gets sent by email to the client straight from the USV system) at a “better deal” price (that was most likley added to/modified within the computer system after the on-hold reservation .was already created. USV reservation personnel cannot change an on hold booking (but I highly doubt the client even told USV they already had another on hold booking with an agency of USV). USV must re-book or new-book it, and in this case, without the knowledge that an agency of record was already working with this client and had a different on-hold reservation. So the client simply forged ahead with their own version of the booking thinking they outsmarted the agency and did a better job at their own travel planning. I would not judge the agent/agency unless all the facts were collected from all parties. In order for the agency to put a reservation on hold they MUST enter in a full legal traveler name into the USV reservation system. The client engaged the travel agency to set up that booking, but then failed to advise either US Airways or the agency that they were either planning or impulsively deciding to engage in a direct end-around for this booking with the added surprise of a lower price point. By that point the client’s name and agency relationship was already on file with USV. The client clearly withheld info from USV and the agency. Now there is no legal requirement that a client has to advise about his same-vendor shopping habits, but let’s be fair here…the agency was not given a fair chance to match the re-priced booking. Everything here is nuanced which is why its important to get the ageny’s perspective and any possible facts from USV (which they probably wouldn’t disclose anyways). This is not a straightforward “agent gone wild” or rogue or bad just yet. There’s a lot of missing information.

  • Linda

    “From an agent’s perspective, it is frustrating when you do work on behalf of a client/prospective client and the client then books somewhere else without conferring with the agent. That is just plain rude.”

    From a client’s perspective, it is frustrating when you book with a travel agent, then find out you could have found a MUCH better price on a MUCH better package on your own without paying a fee. In that case, the agent is the bad guy, not the client.

    Until we hear from the agent, I’m solidly on the side of the client here. This agent failed miserably at her job, and deserves no commission.

  • http://www.cutcat.com Regina

    I agree with Chris about when to use travel agents. I haven’t used one in a long time because I haven’t had a complex itinerary, but if I did have a complicated trip I would most likely turn it over to an agency. I’ve read they are also useful for cruises because they can almost always get you a better price, or better perks, than you can get on your own, particularly if you are new to cruising and don’t know all the ins and outs. I am hoping to take a cruise in the near future and I do plan to use a travel agent who specializes in cruises.

  • Heather Collins

    First, Chris probably should have not used the phrase “first mistake”.

    However, the gist of my post is to say:
    I am going to assume that the facts as presented by the travelers are correct.
    It would appear foolish to lie, when there are a number of ways to proof his story as false.

    Chris was clear that he attempted to talk to the travel agent, only to EVENTUALLY be referred to the “legal department”. How long should Chris have waited until posting the story??? As Chris is an advocate of ethical
    travel behavior from ANYONE, I appreciate the posting of this article “NOW” vice the eons we would have had to wait until he hears back from “legal”.
    I mean SERIOUSLY, how often have we heard public responses like “as this
    is a current investigation, we are not authorized to speak about this matter”.

    Quite frankly, if a TA would do something as unethical as this, I would have to deem any ‘defense’ as questionable. If they concur with Ginnis’s story, then at least we can refrain from adding “lying” to their character. If referrals are being made to the legal folks that Ginnis DID report the TA to the appropriate authorities.

    Next, with to regard to ANYONE thinking this TA “earned” the right to a
    commission for a product he did ***NOT*** sell, I hope you are not
    in a job where commissions are earned. By your line of thinking the shoe salesman who gets a pair of shoes from the back of the store, should expect to be paid a commission for the legwork, when after looking at the shoes, the customer decides they don’t want them! It’s just the nature of ‘commission
    work’. Commissions are not paid for “effort”, they are paid for sales.

    My confusion is that ANY commission was paid to the TA by US Air. I
    thought these sort of payments were killed years ago, and passed on to the
    customer at time of booking. Maybe there is an exception for a ‘vacation
    package”?

    The idea that US Air calls the TA’s actions deceptive but not illegal is ridiculous. It’s also fraud. They are getting money for something they did not provide. It’s a loophole that they are going to apparently now close.

  • Susan

    [quote]What I am suspicious of is that when the client contacted the agent, the agent found a “slightly lower rate” – and that perhaps the agent had actually found the $1100 rate that the client discovered and purchased the next day.

    Here is an unethical agent’s dream scenario – client provides all details of trip, including price of $2800, and seems to be okay with that rate. The agent finds it can be done for $1100, and offeres a small discount on the initial amount – say, a new total cost of $2500. The agent hopes that the client will say “wow, you saved me $300, please book this for me!” – leaving a $1400 profiit for the agent. Salivating, the agent calls the client the next day, hoping to finalize the windfall transaction – and is incensed to find the client found the $1100 rate on their own and booked it. Then the agent calls the airline and tries to get whatever they can.

    Worst case scenario, but not out of the realm of possibility.
    [/quote]
    August – the above scenario that you layout isn’t plausible. The vendor (USAV) would charge the clients credit card, and would not allow a travel agent to mark up the booking by double. The rare vendors that do allow TAs to add service fees often cap it at $100 max, often not at all.

    If any TA insists on being paid directly by you, i.e. by check, I’d recommend running in the opposite direction as fast as you can. Your best bet is to ALWAYS have the vendor charge your credit card directly; in the event the vendor goes bankrupt before your trip, you then have recourse with your credit card company. No recourse if you paid the travel agent (especially if you paid by check).

  • Jeff Linder

    @Linda:

    One thing to be aware of is that the package may not have been available when the TA did the initial booking. I was talking with my agent about our upcoming trip, because right now cruise lines are offering some nice deals and before I put the final payment down I wanted to see if there were any discounts available (there were not in our class). While doing so, she was telling me about a customer that called her and yelled at her because she found a cheaper flight to where they were going, 3 months after the original booking.

    In all likelyhood, that fare was not around at the time of booking, and agents are not going to generally re-check airfares (or package prices that include airfares) on too regular a basis, because often once booked, there is a fee to change tickets, if even possible. My agent at least, checks at each stage of the payment process, and again 30 days and 15 days before client travel to see if anything can be found to leverage the cost down.

    On other boards, I see too many people who check airfares, packages, etc every day after they book and complain they should be refunded when the price is lowered (but oddly never offer to pay more when it goes up). Travel pricing changes on a moment to moment basis, and no agent can give you anything but the price ‘Right now’. An experienced agent may suggest waiting if they know deals are usually offered, at the potential risk of not getting space on a preferred flight or maybe a preferred room category, but they cannot and will not guarantee it.

    Now, if the customer finds a better deal the same day, that is a different matter (with one exception, sometimes deals are offered to affiliated groups like AARP, AAA, etc, which no agent is aware of unless associated with those). No one is denying there are bad agents out there (yes, I WILL bring up the whole MLM agent issue again dang it).

    @Heather: As I understand it, some packages still pay commissions. My agent’s agency will waive ticketing fees for airfare on most packages because they do get money back. This has been my experience with Disney and a Cruise at least, for London I paid a fee as only the hotel paid a tiny commission.

  • Liz

    A lot of people here are acting like the agent did all the work putting together a package the client didn’t know about, and then the client took that information and booked it on his own. But if you actually read the article, it says the client had done the groundwork before he even called the agent:

    “He’d already found a terrific price online — a week at a luxury resort for $2,800, about 40 percent off the normal rate — but a friend suggested he call, anyway.”

    I realize that it did take the agent some work to get a quote together, but it’s not like the agent had to start from scratch figuring out a package. The customer already had it together.

    So no, Allison, the customer is not someone “who took the agent’s intellectual property without paying.”

    And yes, he probably should have given the agent a chance to match the lower price, but I understand him wanting to lock in such a great rate while it was still available rather than risk losing it to confer with the agent.

  • Liz

    Oh, and correct me if I’m wrong, Chris, but I think what Chris meant when he said “Jerry Ginnis’ first mistake was asking a travel agent for a quote on a Bermuda vacation” was that the client already had a good deal put together and didn’t really need to talk to a travel agent. Not that talking to a travel agent at all is a mistake.

  • Christopher Elliott

    @Liz, you’re correct. The only people who seem to be upset about my lead are the ones who failed to read it in context. Ginnis had already done the research on this package and was phoning an agent at his friend’s request, to get a second opinion. In retrospect, he shouldn’t have wasted the agent’s time. That was a mistake, in my opinion.

  • Ann, CTC

    @Chris – you do realize that there are still people out there who either do not have internet access, or are just uncomfortable with this process, yes?

    @Heather – without Chris giving a timeline, this event could have taken place yesterday, last month or last year. It still does not excuse him from getting all sides before publishing, or at least making it clear that all parties had not been heard from and he was not going to pass judgement until then. As it is, he has made it abundantly clear that the agent is in the wrong and intimated that the rest of the agency community would do this also.

    As much as Chris does recommend agents at times, this one bad piece of journalism will overshadow all else. And this is not the only time this has happened. You wonder why we’re defensive?

  • http://cestbeth.com/ Beth

    As a full-service travel professional, not a traditional travel agent, who manages all aspects of my clients’ travel for a quarterly fee–no commissions–including planning, booking, monitoring, managing frequent traveler accounts, and being a customer service liaison between the client and the travel company during travel irregularities, I see two things that went wrong in this scenario as presented above. First, Mr. Ginnis should have canceled the reservation he had on hold with the travel agent before he booked on his own. Secondly, the agent should not have underhandedly gotten commission on the reservation that Mr. Ginnis found and booked himself. But this raises a question. Should agents be compensated in some way for researching and holding trips? I know that in my case, I am, because I work on fees, not commission.

    As to the “need” for a travel professional, that varies according to one’s knowledge when it comes to booking travel, the complexity of itineraries. But I can tell you that having a quality travel professional of some sort in your corner does have its benefits and can greatly free up one’s time to concentrate on more important matters, such as life and work.

  • Christopher Elliott

    @Ann, this is a blog, and I’m entitled to my opinion. I asked all parties to respond to my questions within hours of hearing from Ginnis. Both Ginnis and US Airways got back to me almost immediately, while the agency referred the matter to its legal department.

    I’m supposed to advocate for the traveler. You know, just like travel agents. :-)

  • Melissa

    The travel agents who’ve responded so far, with the exception of Beth, have ignored something crucial, IMO: the TA in this story gained UNAUTHORIZED access to Jerry’s travel itinerary. Pardon me?! What had she been malicious about it and decided to cancel his entire itinerary? She didn’t, thank heavens, but there’s a very real possibility that it could’ve happened.

    If I’m reading this story right, the TA basically gained access to information that wasn’t hers in order to score a $100 commission. I’m sorry, but my privacy is worth WAY more than that. If she portrayed herself as Jerry at any time during this process, I’d suggest he file charges against her for identity theft. At this point, I’d also suggest he sue both the agent and the agency for gaining unauthorized access to details that she might not have had access to otherwise.

    Selfish, bad business practice, and stupid, to boot. This TA ought to face some sort of sanction for the invasion of privacy.

  • http://www.singleparenttravel.net John F

    Just a general not to all. US Airways Vacations is a separate company from the airline. They just use the airline’s name to market the products and they do pay a commission just like any other wholesale packager. The airlines (for the most part) no longer pay commissions. But let’s not confuse US Airways the airline and US Airways Vacations the wholesale tour operator.

    @ Melissa. I doubt this agent accessed anything at all. The agent obviously had Ginniss’s name and when they sent back the itinerary for the agent to see, she then had the confirmation number. The agent would only have access to the information typically included on the itinerary that Giniss sent over in the beginning. No credit card or passport info.

  • David Z

    this one bad piece of journalism will overshadow all else

    I seriously doubt one story like this will make people believe some or even all travel agents are so-called evil. Some will be turned off and disregard travel agents altogether, others will react defensively as noted here, yet others will continue using TAs especially if they’ve consistently gotten good experience.

    You read bad news and good news in the online and offline news, after all. Whatever happens, life goes on. :)

    Rather stupid questions, Chris-blog owner, since I’m not really clear on something: did the agent who called US Airways Vacations as in claim Mr. Ginnis’reservation was under her “affiliate account” or something with them? I’m just wondering how US Airways would just give that $100 commission to that TA or Travel Agent, especially if they just took that TA’s word without verifying further.

    The so-called legal side of my mind tells me it’s US Airways who possibly…possibly…has a cause of action against that TA. And the TA works on his/her/its own or for another, especially one associated or “accredited” with the American Society of Travel Agents based on what you wrote?

    And, folks, as some said there’s bad apples everywhere. It’s not exclusive to travel agents.

    Sure it’s unfair some might believe travel agents are to be avoided with this article. There’s some articles on bad-apple lawyers (no offense to lawyers here) reported in the news, yet people use them anyway. :)

  • Alan Fiermonte

    I think everyone is misunderstanding how the agency/USV relationship fits into all of this…commissions do not get paid to agents. They get paid to agencies. Agencies represent suppliers under the umbrella of agency law.

    Chris’ story does NOT say definitively that Ginnis found the resort stay thru USV on the first go-round.

    In my opinion…

    It sounds like the agent found their package wholesale deal (air, resort, transfer) thru USV (most likely a preferred wholesaler for the agency if they are a “large” agency) that ended up costing the client less overall. The agency has a agency relationship with USV. Once the client knew that the agent was using a wholesaler, the client then called the wholesaler direct to skip using the agency. Nothing overly malicious, just a planned end-around shopping trip. But large hybrid wholesalers (ones who sell both direct-to-consumer and thru agencies) know this happens all the time and maybe they are on the look out for it. Cruise lines too. That’s why collecting all the FACTS are important.

    And here’s another fact…US Airways DOES own and operate its own package wholesaler division. When US Airways and America West merged, the Phoenix based package division of America West became USV…they serve BOTH travel agents and consumers DIRECT from the same reservation center using the same computer system. This entity is a division of US Airways and is not run by a third party brander like other airlines (e.g. Delta Vacations is operated by MLT Vacations). Searching by client name in the USV computer system would verify the double booking and USV would probably endeavor to credit the agent for that pre-ordained business.

    I think USV highly values travel agents ability to drive business to them, so they are probably very cautious not to allow too many end-arounds unless the client unequivocably states…DO NOT allow XYZ travel agency to service my business. If the agency had already placed that business on USV’s books in the form of a courtesy hold (pre-dating the final booking by a day or two), then USV would probably allow for the commission. It’s a judgment call made by the wholesaler as a courtesy to the agency of record.

    The agent is not stealing anything if USV honors their relationship to the agency. Is it unethical?- Ask a priest or professional ethicist. Is it illegal? -Ask a a travel attorney.

    All this dribble matters. Most importantly, facts matter and frankly Chris doesn’t have enough of them to pass judgment on the agent/agency regardless of whether the agent has referred him to their legal department. That referral may be standard operating procedure in a client-agency-supplier dispute of this nature where the client has become confrontational with their treatment of the agent/agency with ASTA and BBB filings.

    And I don’t think Chris fully and deeply understands how travel agents and agencies work to be able to definitively label this agent as a “bad apple” or unethical travel agent. He’s had ZERO experience as a front line agent or agency owner/manager.

    I think Chris jumped the gun in a very big way and just started writing based on awful feeling that the consumer got hoodwinked and the agency got protective and defensive of its position.

  • Barry

    There could be a couple things here.

    1. The client did not have a reservtion when he called the Travel Agent
    2. The agent held a reservation for him
    3. Client found lower price and booked on the spot

    First: How do you know there wasn’t some kind of computer glitch and the agent’s reservation attached to the clients booking without the agent ever knowing? Chris talks about computer issues all the time with ticketing.

    Second: What I find odd in all this. Why didn’t the client notice this before travel? The agency name would have been on his electronic documents. USAir vacations never issues the actual airline ticket confirmation until nine days prior to departure.

  • Don

    Re US Air Vacations – I use USV regularly for both business and personal domestic and simple international travel and find them polite and generally knowledgeable. When I am speaking to someone who does not have personal knowledge of my destination I am regularly asked to hold for just a moment while they ask someone who has more knowledge of that destination. When the rare miscommunication occurred (twice) a supervisor immediately straightened things out at no additional cost to me even when one of the miscommunications was my fault.

    That said, I am a very frequent international traveler and would never book a complex itinerary through USV however. I use a local travel agent with great experience in my travel history and business needs and find their service invaluable and gladly pay their fees.

    CHRIS – have always found you to be fair and to present both sides and know you will revert when you receive additional information from the Travel Agent.

  • Allison

    @Regina & Liz and others – My issue with this article was that Chris went to press without the agent’s side of the story. It is not clear from the article what the customer had found or with what vendor or how much travel counseling was involved on the agent’s part. Part of what an agent does is to validate a customer’s choice. The customer in this case, for whatever reason, didn’t push the buy button when he found his original deal. After speaking to the agent, he was sufficiently comfortable with his decision to make the purchase. I am assuming that this was related to his conversation with the agent (which would make this his mis-use of intellectual property) but the customer may have been acting on price alone without regard to other trip details. Either way we don’t know, because the article went to press without the agent’s side of the story. Nevertheless, I certainly do not advocate an agent’s taking over a direct booking unless it is at the request of the customer.

  • Linda

    @ Jeff Linder – the article specifically states that the client found the better price for a better package within 24 hours, during the “courtesy hold” time period.

    That package evidently COULD have been found by the agent, but was not. The agent failed.

  • Barry

    No where does it say the agent failed everyone is making an assumption here. Could this agent be a bad one, definately! Are they? That is yet to be determined. And, just because legal needs to respond does not mean anything inapproate took place. Just maybe there is more to the story then the person is willing to share.

    What it says is the guy found it cheaper within 24 hours. In this economy anything is possible.

    Did the person give the agent an oppertunity to work with the agent. Well that is obvious too, he did otherwise he would not have given all the details on the booking to the agent in the first place after they paid for it. See everyone is skipping that link here and jumping to conclusions. Even Chris by posting this pre-mature.

    This could be flipped around also. You may have a case where the person found out by accident how much the agency was making when/if they agreed for the agency to take over the booking and now decided they wanted that money back because he/they now feel entitled. This may be the way they feel to get some additional money back, they know the price between the agency and the vacation company ended up being the same in the end. And now that the agency took over the booking they are pressuring the agency to give there commission back. Humm could that be possible?????

    Hey if the agent was not in the wrong (which we don’t know) everyone is entitled to a make a living, you me everyone.

  • Allison

    Any word from the agent’s legal department?

  • scott

    no response from the agency?

  • Christopher Elliott

    @Allison and @scott, no response yet.

  • scott

    Chris,

    Post the name of the agency. I think the PA State Attorney General Office might be interested

  • http://www.adventuretoursnj.com Lois Hussey

    I am surprised that no one censured USV for their actions. Suppliers do not give agent commissions when “they call with booking numbers”. The reservation would have had to be intiniated by the agent. I have two clients that choose to do their own research, hold the reservation and then turn the booking over to me, two of the most recent, a Holland America Line Cruise and an Azamara Cruise. Both companies required the client to sign and fax a Booking Transfer Form authorizing this. Although the travel agent’s actions were wrong, USV should never had assigned the booking to her without the permission of the client.

  • Belinda

    I went to a travel agent in our local mall today to get some quotes for a trip to Disneyland and universal studios and sea world. I had done extensive research on my own online. The agent got on the phone and was gettting quotes from someone and they were trying to charge us twice the amount for the vacation than what i had found online. it didn’t even take her 10 min. to do this. so i don’t think anyone with a computer should go through a travel agent if they want to get a good deal all they need is a little time and they will save alot of money that they can use having fun on thier trip.

  • cjr

    “My issue with this article was that Chris went to press without the agent’s side of the story”

    Which happens all the time. “Side X has not responded for comment” can be seen frequently in news stories. You’re criticizing him for what is a standard journalistic practice.

    Some of the other comments made here are just boggling. Intellectual property? Elliott always comes down against travel agents, when he in fact frequently recommends them?

  • Courtney Hansen

    of course it was wrong the agent collected the commission! how unethical!

    Courtney H.
    Commission Agent