Travel, especially for people on vacation, should be fun. Unfortunately, there are some in the
travel business who are more concerned with separating travelers from their money than in getting
them to their destinations. You can reduce your chances of falling victim to unscrupulous sellers
of travel by exercising discretion and common sense.
Sellers of travel come in many forms - from small, local offices to large, national and
international franchises. Most of them are sincerely concerned with providing their clients
with professional service and enjoyable experiences.
The few sellers of travel who cheat the public create problems for everyone - travelers and
law-abiding travel agencies alike. In many cases, there is a limit to what the law can do to
assure consumers that they will get their money's worth in their dealings with travel agents.
But the wise traveler can do much to keep from becoming a victim of fly-by-night or unethical
sellers of travel.
Non-Exempt Florida Firms Must Register Annually
The Florida Department of Agriculture and Consumer Services is responsible for protecting
consumers from unethical sellers of travel. This is done by requiring all non-exempt sellers
of travel to register each year and include their registration number in all advertisements
and contracts. Some are also required to provide financial security for consumers through a
bond, letter of credit or certificate of deposit, and to adhere to mandatory record-keeping
procedures.
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Have You Been "Selected" for a Trip? - BEWARE
How do consumers get involved with unethical sellers of travel? Answering advertisements
placed by travel agencies that offer trips to exotic places at bargain prices is one way.
Another is filling out cards for vacation trips and dropping them in boxes at flea markets,
fairs or other places that attract large crowds. You also may receive a "certificate" or a
postcard in the mail. Often, the offer is for a discount travel package.
If you answer an ad or fill out a card, chances are you'll be contacted by a representative of
the travel agency informing you that you've been selected for your dream vacation. The choice
of words should sound a warning. If you're told you've won a free trip or travel package,
Florida law stipulates that you cannot be charged anything other than the cost to get your
prize to you. If it's mailed, you can be charged postage; if it's delivered by special carrier,
you can be charged the carrier's fee.
Sometimes, however, you'll be told you've been selected for a cruise or vacation - but you'll
need to send an advance payment to cover certain fees. This should be a warning that you've
been targeted for something that may be less than a legitimate offer.
Consumers who agree to pay the fees involved in the prizes for which they've been selected
should be aware that they might not be getting what they expect. In a worst-case scenario,
they'll discover they have nothing to show for their expense and only the courts to turn to for
recourse.
Always check around with a couple of local agencies and compare what is available and the
prices.
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Check Background Before Signing a Contract
Before contracting with any travel business, Florida residents should call the Florida
Department of Agriculture and Consumer Services at 1-800-HELP-FLA (435-7352) to check if the
travel business is registered with the Department. The call will also enable you to learn
whether any complaints have been filed against the business.
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Vacation Certificates
Vacation certificates offer a trip to one and/or more popular vacation sites at very low
prices, which usually include transportation and accommodations. The certificate may be good
for a maximum of 18 months under Florida law.
You might come into contact with travel companies offering vacation certificates through
various means. The company might contact you directly by mail or telephone. You might be
persuaded by newspaper advertisements or a notice received in the mail to initiate the contact
by calling the company.
In many cases, when the company contacts you, it will offer a "free vacation." However, you
will be required to pay tax or port charges.
The company will want you to charge the fee to your credit card immediately, or will ask you
for your checking account number so it can debit the account. Sometimes, the company will offer
to send an overnight delivery service to your home to pick up your payment.
Once you agree to the "purchase," you will have a period of time to use the vacation, subject
to availability. Sometimes though, when you call to arrange your trip, the dates you desire
will not be available.
In some cases, travelers have found the accommodations and facilities provided through these
certificates to be below standard and unacceptable. When travelers complain to the company,
they typically receive a response such as, "What do you expect for the small amount of money
you paid?"
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30-day Cancellation Period - Vacation Certificates ONLY
Effective October 1, 1995, the law gives the consumer some protection in the matter of
cancellations by providing that a contract for a vacation certificate may be canceled in writing
within 30 days of purchase or receipt of the vacation certificate. The consumer may also cancel if
the accommodations and facilities are not available as provided in the contract.
Keep in mind with regard to cancellations: the entire amount involved is refundable. Unethical
sellers of travel may offer to refund all but a certain amount, but they are required to refund
the full payment, if the consumer met the 30-day provision, within 30 days after receipt of the
notice of cancellation and return of the certificate package.
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Travel Tips
Vacation trips should be fun and hassle-free. To help ensure this, here are a few simple,
common-sense tips:
- Before contracting with a travel business, call the Florida Department of Agriculture and
Consumer Services at 1-800-HELP-FLA (435-7352) to determine whether it is registered and if
there are any complaints against it.
- Look for the seller of travel's current registration certificate posted in its place of
business. The registration number also must appear in all advertisements.
- Know and understand the business' (cruise line, airline, hotel, etc.) cancellation policy
before making your purchase. Some may be non-refundable or have penalties or additional fees
for rescheduling.
- Be skeptical of postcards or telephone calls announcing that you have been selected to
receive a vacation. "Selected to receive" does not necessarily mean "free."
- Never give credit card or checking account numbers over the telephone unless you initiated
the call and you are certain of the credentials of the company.
- Obtain all information and details in writing, and make sure the street location of the
travel company is included.
- Beware of high-pressure sales tactics and pitches that require immediate payment; do not
make hasty decisions. Be especially wary if a company offers to have someone pick up your
money.
- Do not accept vague statements like "all major airlines" or "all major hotels." Get
specifics and check the details yourself.
- If accommodations are included, call the hotel and confirm the reservations personally.
Also, ask the hotel personnel about their knowledge of and relationship with the travel
company.
- Be wary of dealing with sellers of travel who tell you certain dates are not available for
the accommodations offered but can be arranged if you're willing to pay an additional charge
to "upgrade."
- Check with other travel agencies in your area and compare the offers.
- Remember that vacation certificates can be canceled within 30 days from the date of
purchase, or when accommodations or facilities are not available when requested for use as
provided in the contract
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Travel Smart
Sellers of travel who are in compliance with Florida regulations are anxious to please their
clients and assure them of a pleasant experience. They will arrange your trip on your terms.
Unethical sellers of travel will try to arrange your trip on their terms, which often will mean
problems down the road.
In short, dealing with reputable local travel companies is probably the best way to protect your
vacation investment. And remember: If a travel offer sounds too good to be true, it probably is.
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