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Legal Issues in the Travel Industry: Liability, Regulation, and Consumer Rights

Welcome to our blog post exploring the legal landscape of the travel industry! As globetrotters and adventurers, it’s important to be aware of the potential legal issues that may arise during our travels. From liability concerns to industry regulations and consumer rights, this article aims to provide a comprehensive overview of the legal aspects that impact our experiences as travelers. Whether you’re a frequent flyer or a first-time explorer, join us as we delve into the complexities of the travel industry and gain valuable insights into how to navigate its legal challenges.

Table of Contents

Liability Issues in the Travel Industry related to Legal Issues in the Travel Industry: Liability, Regulation, and Consumer Rights

The ever-present liability puzzle.

In today’s dynamic travel industry, where boundaries are constantly shifting, liability issues have emerged as a primary concern for both service providers and travelers. The interplay between legal frameworks, regulations, and consumer rights presents a complex puzzle for industry stakeholders to navigate. This article aims to unravel the enigma surrounding liability in the travel sector, shedding light on its various dimensions.

Liability Frameworks: The Foundation of Accountability

Liability in the travel industry is primarily governed by a diverse range of legal frameworks, including international conventions, national legislation, and contractual agreements. These frameworks aim to establish responsibility, determine fault, and provide remedies in cases of harm or misconduct.

International Conventions: A Global Safety Net

International conventions, such as the Montreal Convention for the Unification of Certain Rules for International Carriage by Air, play a pivotal role in the travel landscape. They provide a unified liability framework for airlines and passengers, ensuring clarity and consistency in cases of accidents, delays, or damages.

National Legislation: A Patchwork of Protections

At the national level, countries implement their own laws and regulations to address liability concerns in the travel industry. These laws cover various aspects, including hotel safety, tour operator responsibilities, and transport accidents. Travelers must familiarize themselves with the specific legislation of their destination to understand their rights and potential recourse.

Regulation: Balancing Safety and Industry Interests

Regulatory bodies, both at the national and international levels, play a crucial role in upholding safety standards, monitoring compliance, and resolving disputes. Their primary objective is to strike a delicate balance between consumer protection and the sustainability of the travel industry.

Enhancing Safety: A Fundamental Imperative

Regulations pertaining to liability often revolve around ensuring the safety and well-being of travelers. Adequate safety measures, risk management protocols, and quality assurances are critical components of this regulatory landscape. Strict compliance with these regulations is essential not only for traveler protection but also for the long-term viability of the industry.

Consumer Rights: Empowering the Traveler

Consumer rights legislation forms an integral part of the regulatory framework surrounding liability in the travel sector. These rights cover areas such as fair pricing, transparency of terms and conditions, and access to accurate information. Travelers need to be aware of their rights and the mechanisms available for recourse in case of unsatisfactory experiences.

As the travel industry continues to evolve and grow, liability issues remain a constant challenge. Industry stakeholders must navigate through the intricate web of legal frameworks, regulations, and consumer rights to ensure a fair and safe travel experience for all. By understanding the foundations of liability, providers and travelers can work together towards a responsible and accountable travel industry.

Regulation of the Travel Industry: Legal Issues Explored

Liability in the travel industry.

In the world of travel, understanding liability is paramount for both service providers and consumers. A seamless experience is the common goal, but accidents and mishaps are not unheard of. So, who is responsible when things go awry?

1. Service Providers:

Travel agencies, airlines, and accommodation providers all have a legal duty to ensure the safety and well-being of their customers. They must deliver on their promises, ensuring that the services they offer are as described and meet industry standards. Failure to do so may result in liability for any damages incurred.

2. Consumers:

On the other hand, travelers also have a level of responsibility when it comes to their own safety. They must exercise reasonable care, follow guidelines, and act responsibly to avoid situations that could lead to harm. Ignoring established rules and regulations could diminish the liability of service providers.

Regulation in the Travel Industry

As with any industry, the travel industry requires regulation for smooth operations and to protect consumer rights. Regulatory bodies play a crucial role in monitoring and enforcing compliance to ensure a fair and safe environment for all parties involved.

1. Government Regulations:

Governments worldwide have specific regulations in place for the travel industry. These regulations encompass various areas, such as safety standards, visa requirements, and consumer protection. The aim is to prevent fraudulent practices, ensure fair competition, and protect travelers from exploitation.

2. International Agreements:

In addition to national regulations, international agreements between countries contribute to the regulation of the travel industry. These agreements address important topics like open skies policies, visa waivers, and mutual recognition of safety standards. They create a framework that promotes cooperation and facilitates travel between nations.

Consumer Rights in the Travel Industry

Consumer rights are a fundamental aspect of the legal framework governing the travel industry. Travelers are entitled to certain rights and protections to ensure a fair and satisfactory experience.

1. Right to Accurate Information:

Consumers have the right to receive accurate and truthful information about the services they are contracting. Travel providers must disclose all relevant details, including costs, itinerary changes, and any potential risks or limitations associated with the travel.

2. Right to Compensation:

In cases where a service provider fails to meet their obligations, consumers may be entitled to compensation. This can include reimbursement for expenses incurred due to service-related issues or even compensation for inconvenience caused.

3. Right to Safety:

The safety of travelers should always be a top priority. Service providers must take reasonable measures to ensure the well-being of their customers and address any safety concerns promptly.

In conclusion, the travel industry operates within a legal framework that regulates liability, sets industry standards, and protects consumer rights. Both service providers and consumers have roles to play in ensuring safety and the smooth functioning of the industry. By understanding and complying with these legal provisions, the travel experience can be made more secure and enjoyable for all.

The travel industry is a realm where consumers encounter various legal issues, including liability concerns, regulatory compliance, and the protection of their rights. It is imperative for both travelers and travel providers to understand these legal matters to ensure a safe and satisfactory experience.

Liability is a significant legal concern in the travel industry. Travel providers, such as airlines, hotels, and transportation companies, have a duty of care towards their customers. This means that they are responsible for ensuring the safety and well-being of their passengers throughout the travel process.

When a travel provider fails to fulfill their duty of care and a traveler suffers harm as a result, the provider may be held liable for any damages incurred. Examples of liability in the travel industry include accidents caused by negligent transportation operators, injuries due to unsafe hotel premises, and lost or damaged luggage.

The travel industry is subject to various regulations that aim to protect consumers’ rights and ensure fair business practices. Regulatory bodies, such as the Department of Transportation in the United States, enforce rules to hold travel providers accountable.

Regulations cover areas such as airline passenger rights, consumer protection laws, and fair travel advertising practices. These regulations help establish minimum standards for service quality, pricing transparency, and dispute resolution.

Consumer rights are a fundamental aspect of the legal framework in the travel industry. Travelers have the right to accurate and transparent information regarding their trip, including prices, services offered, and any restrictions or additional fees.

Furthermore, consumers have the right to expect services that meet reasonable expectations. This includes clean and safe accommodations, timely transportation, and appropriate customer service. If the travel provider fails to deliver the promised services or breaches these rights, consumers have legal recourse to seek compensation or resolution.

Consumer rights also encompass protection against unfair practices, such as deceptive advertising, hidden charges, or discriminatory treatment. Travel providers must adhere to these rights to maintain a trustworthy reputation and avoid potential legal consequences.

In conclusion, understanding the legal issues surrounding consumer rights, liability, and regulation in the travel industry is crucial for both travelers and travel providers. By knowing their rights and responsibilities, consumers can have a safer and more satisfying travel experience, while travel providers can ensure compliance with legal standards and maintain customer satisfaction.

4. Legal studies related to the travel industry

Introduction.

The travel industry, a thriving sector that provides individuals with the means to explore and experience new destinations, is bound by a complex web of legal regulations. These legal intricacies ensure that travelers’ rights are protected and companies are held accountable for their actions. In this article, we will delve into three key legal issues: liability, regulation, and consumer rights, and their implications for the travel industry.

Liability refers to the legal responsibility of travel companies for any harm caused to their customers. In the event of accidents or injuries during a trip, it is vital to determine who should be held accountable. Companies are responsible for ensuring the safety of their customers by adhering to safety regulations, maintaining proper equipment, and providing adequate warnings.

Regulation plays an essential role in ensuring the fair and ethical operation of travel companies. Regulations cover various aspects, including licensing requirements, health and safety standards, and environmental protection. These regulations hold companies accountable and ensure that they operate within the boundaries of the law, providing travelers with a safe and secure experience.

Consumer rights are of paramount importance in the travel industry. Travelers have the right to accurate and transparent information regarding the services they are purchasing. For instance, companies must disclose any hidden fees or restrictions for cancellations before a customer makes a booking. In cases of flight delays or cancellations, travelers have the right to compensation and assistance.

In conclusion, legal issues in the travel industry revolve around liability, regulation, and consumer rights. Companies must ensure the safety of their customers and be held accountable for any harm caused. Regulation ensures fair and ethical practices are followed, protecting both travelers and the environment. Finally, consumer rights protect the interests of travelers, ensuring transparency and fair treatment. By understanding these legal aspects, travelers can empower themselves and make informed decisions when embarking on their journeys.

References:

  • Travel Law: Cases, Materials, and Problems; by K. L. Campbell and P. L. McMahon (2016)
  • Travel Law: Rights and Regulation; by A. Leggat (2019)

In conclusion, the travel industry is subject to various legal issues surrounding liability, regulation, and consumer rights. It is crucial for both travel companies and consumers to be aware of their rights and responsibilities to ensure a safe and fair travel experience. While liability and regulation create a framework for accountability, consumer rights play a vital role in protecting individuals from unfair practices. By staying informed, advocating for their rights, and working together, industry stakeholders can navigate these legal issues and contribute to a more transparent and secure travel industry for everyone involved.

Keisha Mitchell

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WHAT TORT LAWYERS SHOULD KNOW ABOUT TRAVEL LAW : THE INTERNET BOOKUPDATED

Table of contents, travel law: the experience, travel law: the book, travel law : articles & papers, common travel problems, traditional travel law fields, the cruise passenger's rights & remedies.

( " The drapes were partly dirty and dingy...the headboards of the beds were broken and the mattresses of the beds were concave...The stateroom...did not meet the quality as described in the brochure as being special, luxurious and beautiful nor was it exquisite..." );
( " The gravamen of plaintiff's complaint is that in addition to Cunard's advertised all-inclusive fare, each passenger is required to pay an amount referred to as a ' port and handling charge '...but often exceeds $150 per passenger. Plaintiffs allege that Cunard intentionally misleads passengers into believing that these port charges are paid to port authorities and governmental agencies and that Cunard is a mere conduit for the collection of these fees. In reality...Cunard does not disclose that only a small percentage of the separate port charge is actually turned over to port authorities or government agencies and the substantial balance is pocketed by Cunard. Plaintiffs claim that Cunard's promotional materials deceptively portray the port charges as being a separate fee, beyond the control of Cunard, but are really designed to enhance Cunard's revenue while keeping the price of the fare competitive with other cruise lines" );
( " Royal Caribbean International and Celebrity Cruises each notified hundreds of thousands of their past passengers that they may be eligible for benefits as part of voluntary agreements to settle class-action suits involving port charges " )].

Flight Delays: The Airline Passenger's Rights & Remedies

" Last month 8,590 flights were canceled out of 307,116 scheduled. A year ago it was 6,487 out of 299,132...weather, air traffic, mechanical difficulties, rules governing crew hours and hundreds of other causes, including human error, can upset schedules " 80

The Responsibilities Of Travel Agents

What type of information is needed, how safe are student tours, the liability of group travel sponsors, types of travel sponsors, sporting event tours.

" Approximately, 48 hours before the plaintiffs... were to leave for New Orleans they were informed by the defendants that the guaranteed admission and ticket to SUPERBOWL XII was unavailable and would not be delivered... The plaintiffs...demanded their money back but were told that no refund would be forthcoming and to go to New Orleans and enjoy a weekend in the lobby of ( Howard Johnson's Motor Lodge ) watching SUPERBOWL XII on TV. The plaintiffs...were outraged and considered the full contract breached since the raison d'etre of the contract; tickets and admission to SUPERBOWL XII were unavailable. "

Travel Accidents Abroad, How To Sue At Home

" A female passenger aboard Orient Lines' Marco Polo was killed in a snowmobile accident July 24 during a shore excursion on the Langjokull Glacier near Reykjavik, Iceland " ];

Life Is Very Different Abroad

Is the forum selected convenient, the internet, the sale of travel services and jurisdiction, personal jurisdiction, jurisdiction and the internet, the licensing of travel sellers worldwide, the new field of travel law, some examples of liability shifting.

" anti- lock braking system was broken, the braking system warning light was broken, the speed limiter had been disconnected, the coach was traveling at an excessive rate of speed, the driver lacked adequate sleep, he was exceeding his driving hour limit and he had never driven the bus before. " ]

Modern Theories Of Liability

Special damages in travel cases, travel class actions and coupon settlements, broad spectrum of claims, how to settle travel class actions, cash settlements are the best, issuing coupons for the purchase of travel services, transferability, redemption rate, time of redemption, the problem of attorneys fees.

" reported incidents, twenty-two were alleged rapes, sixteen against passengers. Twenty- eight...were described only as a kiss, with the remainder consisting of minor advances...those who complained 93 were passengers and 15 crew members " ].
[ " 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 " ];
[ " 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 disclose–or plainly display–these charges on their web sites " ].
( " Consumers are not necessarily seeing a meaningful range of products or getting the tools they need for making meaningful price comparisons... Paul Grimes...complained that many sites, including travel agency consortium sites, promote only certain tour and cruise companies " );
( " 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...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 disclose--or plainly display--these charges on their web sites" ).
( " Last month Northwest discovered a programming error that left unprotected the credit card numbers and personal information of some frequent flyers. " );
( " This year...a technical administrator for an Internet service provider in Seattle discovered that hundreds of Web sites had left their customers' credit card information completely exposed to anyone with an Internet connection " );
( " A recent survey...found that among 500 people who have traveled by air in the past year and visited a Web site in the past month, 80 percent have looked at Internet travel sites and 58 percent have checked fares. But only 18 percent have used the Internet to book travel online...The main reason for their reluctance? Credit card security. " ).
( " A recent survey...estimated that by 2002, on-line bookings of air fares, hotel rooms, rental cars and vacation packages will jump more than tenfold, to $8.9 billion..." ).
( " Twenty-three airlines have answered the question posed by Continental, Delta, Northwest and United last November--will enough major players joined a planned Web site to make it viable? With the addition...of large and small U.S. and foreign carriers...the new Web site...has the backing it needs to potentially become the industry's 400-pound gorilla. " );
( " More choices on the web mean better deals for consumers, right? That's the pitch behind a new travel ' supersite ' to be launched by Continental, Delta, Northwest and United " ).
( "... an alternative pricing mechanism for moving travel...on the Web, enabling merchants to make a deal with a consumer, but with the option to call it off if it looks as if the ( travel services ) can be sold elsewhere at a better price. For taking the risk that the supplier might pull out of the deal, the consumer gets a guaranteed low price with a cash rebate up front. " ).
( " Priceline.com. The Internet bidding system that claims it lets travelers name their own prices for airline tickets, quietly launched a similar service for hotel rooms in 26 cities " );
( " But if you think the price is right, don't overlook the minuses--including uncertain hours of travel, nonstandard purchase conditions and some potential hidden costs " ).
( " It is no secret that the prospect of increased direct Internet sales by airlines is driving the shift away from ( travel ) agents as a form of distribution. According to some estimates, an online sale cuts an airline's distribution ( agent commission or telephone sales ) costs by 75 percent " );
( "' The Web can be a very good tool for travelers looking for last-minute specials. But for other types of travel, we still find that travel agents are best. They don't guarantee the best price, but they do increase your chances of finding it ' " );
( " Agents were favored over Internet-based travel information sources by 68% of air travelers and 81% of cruise vacationers " );
( " Travel Sellers are, to a large extent, unregulated in the United States. As at 1997 only a handful of States...had some form of Travel Seller regulation. Many of today's Travel Seller statutes are cosmetic only...(and) fail to have most of the basic components of a comprehensive licensing statute, i.e., annual registration, proficiency testing, advertising standards and contractual disclosure rules, surety bonding, escrow accounts, errors and omissions insurance, consumer restitution funds and civil and criminal penalties ").
( " Because travel mixes fantasy and fun--and because the industry is largely unregulated--it's an area ripe for rip- offs...According to FTC records, Design Travel operated 41 telemarketing boiler rooms...What buyers typically got was a few nights in Florida, a ' cruise ' to the Bahamas on a converted auto ferry and a brief stay there at a seedy hotel. It was hardly the vacation ' retailed at over $1,500 ' that smooth-talking telemarketers described " );
( " consumers need to be protected from increasingly complex, misleading and deceptive travel scams. Recently, the Federal Trade Commission (FTC) and the Attorneys General of ( 12 States ) took legal action against a variety of travel scam operators. ' Travel has long been a fertile field for flimflam, but what had been a cottage industry has lately mushroomed into a growth industry...the cost of travel-related fraud ( is estimated ) at more than $12 billion a year...Travel fraud comes in many more packages than it used to ' " ).
" an Internet connection allows a consumer to contact a hotel chain for reservations directly and without charge. The distinction of using a computer hooked to a telephone/data line is not relevantly different from using a handset connected to that same line; one is in writing and one is by voice-a distinction without difference in this context ".
( " air consolidators...are companies that sell tickets, usually for trips overseas, at prices below those the airlines advertise. There is indeed nothing illegal about them, but there are perils to be aware of. Most problems can be avoided with three rules: work through a travel agent, use a credit card and, if the price is preposterously low, go elsewhere " ).
" Until now, ' outside sales ' has been the standard industry expression attached to those who sell travel ' outside ' the agency's premises " ).
( " On May 28 ( 1998 ), the Federal Trade Commission (FTC) announced that a federal judge had frozen the assets of CMG...on the grounds that (it was ) misleading thousands of consumers with false promises of free vacations...CMG used TV personalities Robin Leach and Ricardo Montalban to sell vacation cruises " ).
( " Travelers booked $827 million worth of reservations over the Internet last year...by 2002, on-line bookings of air fares, hotel rooms, rental cars and vacation packages will jump more than tenfold to $8.9 billion ( per year ) " );
( " Scams continue to proliferate...and the Internet has now joined traditional mail and telemarketing as a channel for them " );
( " ' The Internet is also the perfect medium for criminals. Anyone can put up a great-looking web site, and buying on the Internet is essentially sight unseen " ).
( " the plaintiff received a postcard from Holiday Magic Travel Club, Inc...stating that he had been selected to receive a pre-paid luxury cruise plus hotel accommodations..." );
( " Those clubs sell some travel services directly; with other services, they resell some other organization'sprogram...or provide ID that gets members a special price when they buy directly from some other supplier...Whether they promote by snail mail or the Internet, shady operators can easily assemble the ingredients of a conventional travel club. Half- price hotel directories are available at very lost cost. Any agency can find a source of consolidator air tickets, and any agency can set up a lowcost telephone based operation that rebates a portion of its commission ").
"... consumers need to be protected from increasingly complex, misleading and deceptive travel scams. Recently, the Federal Trade Commission [FTC] and the Attorneys General of California, Connecticut, Florida, Illinois, Massachusetts, Michigan, New York, North Carolina, Ohio, Vermont, Washington and Wisconsin took legal action against a variety of travel scam operators. ' Travel has long been a fertile field for flimflam, but what had been a cottage industry has lately mushroomed into a growth industry...the FTC and the attorneys general of 12 states estimated the cost of travel related fraud at more than $12 billion a year...Travel fraud comes in many more packages than it used to ' " ).
( " From late 1986, all travel agents in New South Wales, Victoria, South Australia became licensed under a Travel Agents Act passed by their respective State Parliaments... Tasmania introduced a Travel Agents Act in 1987, Queensland introduced a Travel Agents Act in 1988...The Acts are similar in each State...( the Acts have three purposes ) 1. To set standards of experience and qualifications for members of the travel industry, in licensing requirements for travel agents and tour operators, and to set professional standards in management and marketing for travel agents. 2. To set continuing financial requirements for travel agents in conducting their business as travel agencies. 3. To protect the public's money by setting up a Travel Compensation Fund to compensate the public where the public's moneys has been lost through the default of a travel agent or tour operator ." );
( " Australian travel agents are governed by the general law of agency as well as a special Australian-wide regulatory arrangement called the Cooperative Scheme for the Uniform Regulation of Travel Agents ( the Scheme ). The Scheme is designed to protect consumers by ensuring the competence, integrity, financial standing and business practices of travel agents and by compensating those consumers who nevertheless lose. There are two limbs to the Scheme: Licensing system for travel agents under uniform State and Territory legislation; Travel Compensation Fund..under the industry sponsored traveller compensation scheme" ) .
(" In Japan travel agencies are regulated under the Travel Agency Law amended in 1995...The purposes of this Law are to maintain fair practices in the travel agency business, to promote security in travel and to increase travelers' convenience, by implementing a system of registration of persons operating a travel agency, ensuring their fair practices in business and encouraging proper activities of their organizations " ).
( " The proposed legislation was intended to ensure that customers were guaranteed not only transport back to their home from the place of destination but also a refund of any money paid in advance " ).
( " The unpleasant reality of modern-day cruising, however, is that passengers' rights and cruise ships' responsibilities are governed not by modern, consumer-oriented common and statutory law, but by 19 th century legal principals, the purpose of which is to insulate the maritime industry from legitimate claims of passengers " ).
" service from pre-trip to post-trip " is not a guarantee " that TNT on-site representatives will protect plaintiff from injuring herself under all circumstances " ) .
" With the exception of Mississippi and Virginia, every state has enacted some form of rule of civil procedure which directly pertains to class action litigation. In addition, some states have enacted consumer protection statutes which set forth class action procedural rules applicable to cases arising from unfair and deceptive trade practices and/or false advertising ."
( " Class actions are becoming an increasingly common feature of the Australian legal landscape...Example(s) ...are the US Dalkon Shield litigation, the silicon implant litigation both in the United States and Australia, and on the local front, peanut butter and NSW oyster actions...salmonella outbreaks.. ." )

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What is the law of travel agency and what do you need to know? Part 4: what is the relationship between the travel agent and consumer?

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This article was first published in  Travel Weekly  on Tuesday 11 May 2021.

In this fourth and final part of our overview of the law of travel agency, we explain the relationship which exists between the travel agent and the consumer.

Previous parts

  • Part 1: the basics of an agency relationship
  • Part 2: how do I become a travel agent, and what if I create package holidays?
  • Part 3: what is the status of the principal in travel agency contracts?

The relationship between a travel agent and the consumer

Travel agents have been described as “ commercial chameleons ”, whose roles can change even during the same transaction. For instance, in a single transaction it is possible for a travel agent to act in a number of different capacities:

  • Travel advisor : The travel agent may assume the role of a professional advisor, taking instructions from the consumer as to their requirements and/or special needs and then advising the consumer as to where to go, where to stay, the best travel arrangements to make, and so on.
  • Marketing agent for principal : The travel agent may be appointed as a marketing agent for a principal (e.g. a tour operator), where it is appointed to promote the principal’s holiday to the consumer.
  • Sales agent for principal : The travel agent may be appointed as a sales agent for a principal (e.g. a tour operator), where it is appointed to conclude the holiday sale for the principal and to arrange for the consumer to enter into a contract with the principal.
  • Agent for the consumer : The travel agent may be appointed as an agent for the consumer when concluding a booking with a principal for which it is not formally appointed (e.g. when booking low cost flights).
  • Service provider : A travel agent may provide the consumer with a technology platform which enables the consumer to make bookings with principals. In this context, the travel agent is not likely to be acting as an “agent” in the true sense of the word. Rather, it is acting as a principal in the provision of a booking service to the consumer.
  • Post-booking agent for principal : A travel agent may be appointed as an agent for the principal in dealing with post-booking matters. This might include collecting balances from the consumer, managing amendment and cancellation requests by the consumer and issuing travel documentation to the consumer.
  • Post-booking agent for the consumer : A travel agent may be appointed as an agent for the consumer in dealing with post-booking matters. This will include remitting balancing payments to the principal, making amendment and cancellation requests on behalf of the consumer and passing on travel documentation to the consumer.
  • Organiser : A travel agent may be an organiser of package holidays if the agent is responsible for creating the consumer’s package holiday.

In order to identify the duties owed by a travel agent to a consumer, it is first necessary to identify the capacity in which the travel agent is acting towards the consumer, which may vary at each point in the transaction. Its duties will then be defined by reference to this capacity and the terms of any contract which may exist between the travel agent and the consumer.

The analysis we have described above will, of course, depend upon a careful analysis of the facts and circumstances of a particular transaction. However, we would suggest that an agent is likely to owe the following duties to the consumer:

  • Travel advisor : A travel agent is likely to have duties under the law of tort to exercise reasonable skill and care in delivering advice to the consumer.
  • Holding the consumer’s money securely;
  • Using the consumer’s money to pay the principal;
  • Making accurate bookings with the principal;
  • Making amendment and cancellation requests on behalf of the consumer;
  • Promptly sharing with the consumer all information and documents supplied by the principal;
  • Ensuring that the consumer is made aware of all terms and conditions which relate to the booking with the principal; and
  • Not making a secret profit (i.e. booking fees must be disclosed).
  • Service provider : the terms of a booking service provided would typically be set out in a written agreement. We would anticipate these to be similar to those described above for an agent for the consumer.
  • Organiser : the travel agent will, of course, have to adhere to the duties set out in the Package Travel and Linked Travel Arrangements Regulations 2018.

If a travel agent acts as an agent for the principal, it will in general have no liability to the consumer in relation to the performance of the travel services (unless, of course, the travel agent is also an organiser). Provided that the travel agent is acting within the scope of its actual or apparent authority, the travel agent’s acts will be taken as those of the principal and no claim will lie against the travel agent. Further, there is an implied duty at common law on a principal to indemnify an agent against all liabilities incurred by the agent in the performance of lawful acts within the scope of the agent’s authority. The consumer must, usually, therefore, bring its claim against the principal. However, there may be particular circumstances in which the travel agent may be so liable, including:

  • Collateral contract: in spite of the consumer’s claim lying against the principal under the contract for the supply of the travel service, it is possible that the travel agent may have agreed separate contractual obligations with the consumer. This might include, for instance, a situation in which the travel agent has offered credit to the consumer to pay for the holiday. It might also include more basic obligations set out in the travel agent’s contract with the consumer (e.g. in relation to handling amendment and booking requests). The agent will be bound by these obligations.
  • Breach of promise of authority : where an agent enters into a contract on behalf of its principal, it is taken to promise that it has the authority to do so. This is generally taken to be a contractual promise, and so if it transpired that the travel agent did not have the authority to make the contract, the consumer could bring a claim against the travel agent on this basis.
  • Tort: the agent may be liable in tort on general legal principles.

We hope you have found our four-part overview of the law of travel agency helpful and clear. It is, as one can see, an area which can be complicated because of the various roles which travel agents fulfil and the lack of clarity which typically exists in structuring the travel agent’s role in the first place. These are complications which can be resolved through some clear thinking as to the travel agent’s role, and contractual arrangements which mirror the intended structure.

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Legal Actions That Can Be Taken Against a Travel Agency

travel agent legal action

Travel agencies play a crucial role in facilitating seamless and enjoyable travel experiences for their clients. However, when a travel agency fails to fulfill its obligations or engages in unethical practices, clients may seek legal recourse. In this article, we will explore various legal actions that can be taken against a travel agency.

How much do private investigators cost ? In cases where you suffer from travel agency services and gathering evidence is challenging, hiring a private investigator may be an option. Private investigators can assist in uncovering hidden details, verifying facts, and strengthening the client’s case. However, it’s essential to consider the associated costs and legal implications before opting for such services.

Breach of Contract

travel agent legal action

One of the most common legal actions against a travel agency is based on a breach of contract. When a travel agency fails to deliver the promised services outlined in the contract, clients may have grounds to sue for breach of contract. This could include issues such as canceled flights, overbooked accommodations, or failure to provide agreed-upon amenities. Clients may seek compensation for damages incurred due to the breach.

Misrepresentation and Fraud

If a travel agency engages in deceptive practices or provides false information to clients, they may face legal action for misrepresentation and fraud. This could include misrepresenting the quality of accommodations, providing inaccurate information about travel packages, or misleading clients about the terms and conditions of their bookings. Clients who have suffered financial losses or inconvenience due to such deceptive practices can pursue legal remedies.

Travel agencies have a duty of care towards their clients, and negligence claims can arise if the agency fails to exercise reasonable care in organizing travel arrangements. Negligence may encompass a range of issues, including failure to warn clients about potential risks, inadequate planning leading to accidents, or providing inaccurate information that results in harm. Clients who suffer injuries or financial losses due to the travel agency’s negligence may file a lawsuit seeking compensation.

Consumer Protection Laws

travel agent legal action

Various consumer protection laws exist to safeguard the rights of travelers. If a travel agency violates these laws, clients can take legal action. Consumer protection laws may cover issues such as unfair business practices, false advertising, and failure to deliver promised services. Clients may be entitled to remedies under these laws, including refunds, compensation, or other forms of relief.

Regulatory Complaints

Clients can also file complaints with relevant regulatory bodies overseeing the travel industry. These bodies may have the authority to investigate and take disciplinary actions against travel agencies that violate regulations. This can include fines, license suspension, or other penalties. Clients pursuing regulatory complaints may also contribute to the enforcement of industry standards and the protection of future travelers.

In the pursuit of legal action against a travel agency, clients may employ various strategies to build a strong case. This could involve gathering evidence, documenting communications with the agency, and consulting with legal professionals to assess the viability of their claims.

In conclusion, when a travel agency fails to meet its obligations or engages in unethical practices, clients have legal avenues to pursue. Whether it’s a breach of contract, misrepresentation, negligence, or a violation of consumer protection laws, individuals can seek compensation and justice for the harm they’ve suffered during their travels. Consulting with legal professionals and understanding the available legal remedies is crucial for those considering legal action against a travel agency.

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1. Processing and use of personal data.

1.1. In this Policy, personal information means any information left by users on the Website of Olta Travel, including Name, Surname, company, email address and other contact information, left in the message.

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1.2.1. The inclusion of the email address, name, surname, company name or any other contact information left in the message in the contact database of Olta Travel. The database is hosted in a secure cloud-based customer relationship management service Bitrix 24, as well as on a secure service for newsletters – Unisender.

1.2.2. Receiving email newsletters with news, promotions, special offers and other useful materials, but no more than twice a week. The visitor of the Website at any time has the right to unsubscribe from the mailing list of Olta Travel, by clicking on the unsubscribe link located at the bottom of each letter.

1.2.3. Direct communication with the manager of Olta travel on the treatment of the user.

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1.2.5. For other purposes performed with the individual consent of the user.

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2.1. All personal data collected on the Website is processed, stored and secured in strict accordance with the provisions of the legislation of the Russian Federation (Federal law of the Russian Federation of 27 July 2006 № 152-FL "On personal data") and the European Union (The General Data Protection Regulation (GDPR) (EU) 2016/679).

2.2. Olta Travel is taking the necessary legal, organizational and technical measures to protect personal information from unlawful or accidental access, copying, distribution of personal information, as well as other unlawful actions in relation to personal data of users, which include:

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5. Olta Travel is not responsible for information posted by a visitor on the third party websites, links to which can be posted on the Website of Olta Travel.

6. More information about the collection, storage and processing of personal data by Olta Travel, the user may get by sending an email to [email protected] .

travel agent legal action

Labor Agency’s Rule Defense Pivots Ahead of High Court Action

By Rebecca Rainey

Rebecca Rainey

The US Labor Department is abandoning a legal doctrine under which courts defer to agency interpretations of laws as a shield against challenges to some of its most high-profile rulemakings, a sign it’s attempting to head-off the US Supreme Court’s expected gutting of the Chevron standard.

Business groups have cited the 1984 ruling in Chevron Inc. v. Natural Res. Def. Council, Inc. in their arguments against DOL rules expanding overtime pay eligibility and limiting when employers can pay tipped workers a lower minimum wage. They argue that the regulations fail to carry out Congress’ clear direction on the law.

While US Justice Department attorneys representing the DOL initially responded that the agency’s rules should be granted Chevron deference, that defense was later dropped when the cases were appealed.

The agency says it doesn’t need to rely on Chevron because the rules were issued within its statutory authority. However, business groups are seizing on those omissions and arguing they provide evidence that the rules are illegal exercises of agency power.

“The Department’s brief does not mention Chevron even once,” the National Restaurant Association argued in its lawsuit challenging the DOL’s final tipped wages rule, issued in 2021. “Nowhere does the Department expressly contend that the Final Rule satisfies any of the specific steps of the Chevron analysis, much less all of them, as the Final Rule must in order to be valid.”

The shift in legal strategy comes as the Supreme Court will issue a ruling any day in a pair of cases— Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce — which are expected to gut or largely scale back Chevron . Attorneys say agencies’ silence on the deference standard have been growing in recent years amid increased skepticism of that doctrine, which directs courts to defer to an agency’s reasonable reading of an ambiguous statute. It’s caught even more traction following the high court’s decision last year to take up the issue.

Justice Neil Gorsuch , for example, has “not been shy” about his criticisms of Chevron , said Allison Balus of Baird Holm LLP.

“That probably started some of the reluctance to rely on it,” she said. “But then once Loper Bright was taken up, it became more clear that the doctrine is likely not going to be as persuasive or in use at all eventually. There was a change in strategy once that happened.”

The DOL didn’t respond to a request for comment.

One case where the DOL cited Chevron —but later backtracked—involves a rule that limits when employers can use the “tip credit” under the Fair Labor Standards Act to pay workers as little as $2.13 an hour so long as they regularly earn at least $30 in tips a month.

When the Restaurant Law Center and the Texas Restaurant Association sued over the rule in 2021, the DOL initially argued in its motion for summary judgment that the rule should remain intact under Chevron because Congress clearly “delegated authority to the agency” when it passed the FLSA’s tip-credit provisions in 1966, and that its final rule “was promulgated in the exercise of that authority.”

But once the case was appealed to the US Court of Appeals for the Fifth Circuit, that argument has been absent from the agency’s briefs in defense of the rule —a move that the Restaurant Law Center says proves that the tipping rule shouldn’t survive under Chevron .

The groups suing over the rule “framed their entire argument in terms of the Final Rule failing Chevron,” their brief to the appeals court said, noting that the DOL’s reply failed to respond to their Chevron claims “even once.”

When the question came up during oral argument in April before the Fifth Circuit, the government’s lawyer said the court didn’t need to consider Chevron because the dispute wasn’t “a question of statutory interpretation.”

“I don’t think that we need Chevron, ” DOJ attorney Jennifer Utrecht said. “Everyone seems to agree here that the department can draw limits. The question is whether the limits that were drawn were arbitrary.”

The appeals court hasn’t yet issued a decision in that case.

Other cases where Chevron has disappeared from the DOL’s legal defense involve rules that set limits on exemptions to overtime pay for certain “executive, administrative, and professional” employees under the FLSA.

Business groups are challenging two different rules on the so-called “white collar” exemptions, both of which expand the share of workers who should be eligible for time-and-a-half pay when they work more than 40 hours a week.

In one lawsuit involving a 2019 rule issued during the Trump administration —which made certain salaried workers earning less than $35,568 automatically eligible for overtime pay—the DOL initially argued that it should be granted Chevron deference.

Because Congress granted the labor secretary the right to “define and delimit” who is a “bona fide executive, administrative, or professional” subject to the exemption, DOJ attorneys argued that it should be upheld under Chevron unless the rule is “arbitrary, capricious, or manifestly contrary to the statue.”

The Western District of Texas agreed with the government, finding in September 2023 that the rule “passes muster” under the Chevron framework.

But the legal doctrine is no longer cited in the DOL’s legal briefs now that the case has since been appealed to the Fifth Circuit.

Attorneys for the fast food operator that brought the lawsuit suggest in their appellate filings that the DOL’s argument fails to engage “in the serious textual analysis that Chevron requires.”

“Indeed, it refuses to even cite Chevron ,” the April brief said .

And while the government hasn’t yet responded to the multiple lawsuits lodged against another, much broader overtime rule issued earlier this year, business groups have already argued that the agency shouldn’t be owed Chevron deference.

“This Court has already determined— twice—that the Department is entitled to no such deference here,” a coalition of business groups argued in their May complaint against the new Biden rule.

The Fifth Circuit has scheduled oral argument for the Trump overtime rule dispute in August.

Other agencies represented by Department of Justice are also pivoting away from Chevron deference as part of their their defense to rulemaking challenges.

Daniel Wolff , a partner at Crowell & Moring LLP in Washington, D.C., said the trend has been “a snowball effect over the last few years.”

“Like with other agencies, the very delicate handling of Chevron is in anticipation that if you’re anchoring a rule to Chevron deference, that’s like leading with your chin,” he said. But “without a doubt” the Supreme Court’s pending ruling on Chevron is likely “hanging over” the DOL, he added.

The agency’s reticence to raise Chevron could also be due to the venue hearing the appeals for the regulatory disputes: the conservative Fifth Circuit.

“When was the last time the Fifth Circuit Court of Appeals upheld something under Chevron ?” James Goodwin , policy director at the Center for Progressive Reform, said. “Maybe they just sort of read the jurisprudence in the Fifth Circuit and sort of reached that determination that they were ice skating uphill with that argument.”

To contact the reporter on this story: Rebecca Rainey in Washington at [email protected]

To contact the editors responsible for this story: Genevieve Douglas at [email protected] ; Jay-Anne B. Casuga at [email protected]

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International travel documents for children

See what documents a child needs to travel to or from the U.S. alone or with a parent or relative.

Children traveling to the U.S.

All children, including infants, must have their own travel documents such as a passport or document from a Trusted Traveler Program to enter the U.S. If you travel or are going to travel with a child, consider taking the following documents:

  • If the child is traveling with only one of their custodial parents, they must have a letter of consent, preferably in English and notarized, from the other parent or signed by both parents. The letter should say "I acknowledge that my son/daughter is traveling outside the country with [the name of the adult] with my permission."
  • If one parent has sole custody of the child, a copy of the custody document can take the place of the other parent's letter.
  • Parents who frequently cross the border by land with a minor must always carry a letter of permission from the other parent.

U.S. citizen children traveling abroad

Ports of entry in many countries have security measures to prevent international child abduction . If you are traveling alone with your child, you may be required to present documentation proving you are the parent or legal guardian. You may also need a letter of permission from the other parent for your child to travel. 

If your child travels alone, depending on the country, they may be required to present a notarized letter from both parents or their legal guardian. If a minor is traveling abroad and is not accompanied by both parents or a legal guardian, contact the embassy or consulate of the country you will be visiting and ask about entry and exit requirements for that country.

LAST UPDATED: December 6, 2023

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  • Both parents or guardians must approve that we can issue a passport to a child, and go with the child to apply in person.
  • If one or both parents or guardians cannot apply with their child, you will need to show us more documents.
  • You cannot renew your child's passport using Form DS-82.
  • Passports for children under age 16 are only valid for 5 years. 

Steps to Apply

1. fill out form ds-11 and print it.

Use our Form Filler tool  to fill out your child's form on a desktop or laptop computer and then print it. If you are experiencing technical issues with the Form Filler, download a PDF . 

Fill Out Form DS-11 Online

Tips to complete your child's form :

  • Do not sign your child's form until asked to do so by a passport acceptance agent or employee. 
  • You can apply for a passport book , a passport card , or both documents.
  • You may ask for a larger passport book with more visa pages, at no extra cost, by checking the 'large book' box at the top of the DS-11.

2. Get Evidence of U.S. Citizenship (and a photocopy)

Your evidence must be an original or replacement copy. The document must have the official seal or stamp of the office which issued it. You must submit one of the following documents for your child:

  • Issued by the city, county, or state of birth
  • Lists applicant's full name, date of birth, and place of birth
  • Lists the parent(s)' full names
  • Has the date filed with registrar's office (must be within one year of birth)
  • Has the registrar's signature
  • Has the seal or stamp of the city, county, or state which issued it
  • Consular Report of Birth Abroad or Certification of Birth
  • Certificate of Citizenship
  • Please note you must also provide a document, such as a birth certificate, that lists the parent(s) or legal guardian(s) of the child. Full validity means the document is or was valid for 10 years for adults and 5 years for children under 16. 

If you cannot submit one of these documents, go to our  Citizenship Evidence page  for more information.

Paper only : You cannot submit digital evidence of U.S. citizenship such as a mobile or electronic birth certificate. You must submit physical evidence of U.S. citizenship and a photocopy of the document. 

Returning your child's document : We will return your child's document in a separate mailing up to 8 weeks after you receive the new passport.

Tips for making a photocopy :

  • Black and white (no color)
  • Use 8.5 inch by 11 inch paper
  • Use a single side of the paper

If you do not submit a photocopy, you must submit a second copy of your citizenship evidence. We will keep this copy for our records.

Sample U.S. Birth Certificate

3. Show Your Relationship to Your Child

You must submit a document that lists the parent(s) or legal guardian(s) of the child. Examples include:

  • U.S. birth certificate (also evidence of U.S. citizenship)
  • Foreign birth certificate
  • Adoption decree
  • Divorce or custody decree
  • A court order

Some documents, like a U.S. birth certificate, show  both  U.S. citizenship and parental relationship. These documents must be originals or certified copies (not photocopies).

You and your child may have different last names, as long as the document showing your relationship to your child lists your full name.

If your name is different than the one on the document showing your relationship to your child, submit proof of your legal name change.

4. Get a Photo ID (and a photocopy)

Both parents or guardians must bring a physical, photo ID and a photocopy of it. If your photo ID is from a different state than the state in which you are applying, bring a second photo ID. 

You must show at least  one  of these photo IDs:

  • Valid or expired, undamaged U.S. passport book or passport card 
  • In-state, fully valid driver's license or enhanced driver's license with photo
  • Certificate of Naturalization 
  • Certificate of Citizenship 
  • Government employee ID (city, county, state, or federal)
  • U.S. military or military dependent ID
  • Current (valid) foreign passport
  • Matricula Consular (Mexican Consular ID) used by a parent of a U.S. citizen child applicant
  • U.S. Permanent Resident Card (Green Card) used by a parent of a U.S. citizen child applicant
  • Trusted Traveler IDs (including valid Global Entry, FAST, SENTRI, and NEXUS cards)
  • Enhanced Tribal Cards and Native American tribal photo IDs
  • In-state, fully-valid learner's permit with photo
  • In-state, fully-valid non-driver ID with photo
  • Temporary driver's license with photo

If you do not have one of these photo IDs, go to our  Identification page  for more information.

5. Show More Documents (if both parents or guardians cannot apply)

  • Both parents or guardians must approve that we can issue a passport to a child, and go with the child to apply in person.
  • If one or both parents or guardians cannot apply in person with their child, you will need to show more documents.

Important : Submit  Form DS-3053  and other notarized statements within three months of signing them.

6. Provide a Photo

You must provide one photo with your child's application. Go to our  Passport Photo page  for photo requirements and to see examples of photos. 

  • Do not attach or staple your child's photo to the form. The acceptance agent or passport employee will review the photo and staple it to your form.
  • Some  passport acceptance facilities
  • A company which offers photo services
  • Home. Ask your friend or family member to take your child's photo. Print it on glossy or matte photo quality paper. 

7. Calculate Fees

When applying using Form DS-11, you will pay two separate fees - an application fee and an execution (acceptance) fee. You will pay the application fee to the U.S. Department of State, and the execution (acceptance) fee to the facility which takes your application. 

  • Add $60 to your application fee if you want  expedited service .
  • Add $19.53 to your application fee if you want us to ship your completed passport in 1-2 days after we issue it.  

Child Applicants :

For more information on how to pay and a full list of fees, go to our  Passport Fees  page.

*How to fill out your check and pay the application fee to the U.S. Department of State. Please note you must pay a separate execution (acceptance) fee. 

Families may write one check or money order to the U.S. Department of State if they are applying at the same time. The check or money order must include the name and date of birth of each applicant.

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8. Find Location to Apply

In the United States:

  • Traveling in more than 3 weeks?  Go to a  passport acceptance facility  such as a post office, library, or local government office. Check with the facility to see if you need to make an appointment. 
  • Traveling in less than 3 weeks?   Make an appointment  to apply at a passport agency or center.

In another country:

  • Contact your  U.S. embassy or consulate .

9. Track Your Application Status

You can  subscribe to email updates  about your application status, and  learn more about each status update .

It may take 2 weeks from the day you apply until your child's application status is “In Process.” 

Frequently Asked Questions

How will you send my child's passport and supporting documents.

You will get multiple mailings. The number of mailings depends on what document(s) you asked for.

Passport Book : You may get your new passport and citizenship documents in two mailings. You may wait 8 weeks after getting your passport before you get a second mailing with your citizenship documents. We will return the passport book using a trackable delivery service.

Passport Card : You may get your new passport card and your citizenship documents in two mailings. You may wait 8 weeks after getting your passport before you get a second mailing with your citizenship documents. We only send the passport card via First Class Mail. We do not send cards using 1-2 day delivery services.

Both a Passport Book and Card : You may get three separate mailings:

  • New passport book
  • New passport card
  • Citizenship documents

Contacting Us : If you have been waiting more than 8 weeks for your documents, call us at  1-877-487-2778  to report that you have not received your documents. 

If you want us to reimburse you for a lost supporting document, you must contact us within 90 days of the date which we mailed your passport. You will also need to provide a receipt to show the cost of replacing the document. 

Can I pay for faster delivery and return shipping?

Yes. You may choose one or both of the following shipment options:

  • Delivering application to us : Pay for Priority Mail Express for faster shipping. The price for this service varies depending on the area of the country.
  • Returning the passport to you : Pay $19.53 for 1-2 day delivery. This means you will receive your passport   1-2 days after we send it. Include this fee with your check or money order payable to the U.S. Department of State. Do not submit a return envelope to us with postage pre-paid. 

You may receive your passport and supporting documents in separate mailings. If you are renewing a passport card, we will send it to you via First Class Mail. We do not use 1-2 day delivery services if you only applied for a passport card.

What countries require Form DS-3053 "Statement of Consent" to be notarized at an embassy or consulate?

In certain countries, a DS-3053 must be notarized at a  U.S. embassy or consulate  and cannot be notarized by a local notary public. Currently, these countries include:

Special Passport Fairs

Find a Special Passport Fair  near you!

We're holding special passport fairs all across the United States to help you get your passport more easily. New events are added to our site every week.

Most events are for first-time applicants and children, (who use Form DS-11). If you can use Form DS-82, you can renew by mail at your convenience!

Processing Times

Routine:  6-8 weeks*

Expedited: 2-3 weeks and an extra $60*

*Consider the total time it will take to get a passport when you are booking travel.  Processing times only include the time your application is at a passport agency or center.

  • It may take up to 2 weeks for applications to arrive at a passport agency or center. It may take up to 2 weeks for you to receive a completed passport after we print it. 
  • Processing times + mailing times = total time to get a passport

Urgent Travel:  See our Get my Passport Fast page. 

How to Apply for your Child's Passport

Watch this video to learn how to apply in person for your child's U.S. passport!

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Canadian border workers could begin job action next week. Here's what you need to know

Union had set 4 p.m. et friday deadline if no pact reached but extended it to wednesday.

Customs on the Canadian side of the Ambassador Bridge in Windsor, Ont.

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Canada Border Services Agency (CBSA) workers are in a legal strike position and their union has set a new deadline of next Wednesday , while mediation continues, before any job action could start.

Here are answers to questions about how this could impact you at Canada-U.S. borders.

Who's involved and what's at stake?

Over 9,000 workers with CBSA, out of about 11,000 total workers, could be part of any job action.

It would include employees at airports and land and marine ports of entry.

They are represented by the Customs and Immigration Union (CIU), which is affiliated with the Public Service Alliance of Canada (PSAC).

The union originally set a deadline for any job action of 4 p.m. E.T. Friday, but the CIU has now extended the deadline to Wednesday as mediation continues. 

  • Union for Canada's border workers extends job action deadline as mediation continues

Being on strike wouldn't necessarily mean they'd go off the job.

About 90 per cent of workers represented by the union are deemed essential, the CBSA said in a statement. That means they must continue to do their jobs, but would be free to participate in job action outside their working hours. 

A three-lane roadway completely blocked with tractor trailers.

Possible job action could include "work to rule," when workers could apply each and every one of their job's rules and regulations. 

"You can create tremendous lineups of those trucks and tremendous lineups of people. It'll be very, very disruptive if they do work-to-rule because so many people cross that border every day," said Ian Lee, an associate professor in the Sprott School of Business at Ottawa's Carleton University. 

For example, border officers could ask people, in each and every car, all of the questions permissible at a border crossing. 

The Treasury Board of Canada Secretariat said that under the Federal Public Sector Labour Relations Act , employees deemed essential have to provide uninterrupted service and "cannot intentionally slow down border processing."

"CBSA management has already reminded our people and union leadership of this obligation," a CBSA spokesperson told CBC News. "We expect them to respect this, but are also actively monitoring operations to identify incidents of deliberate slowdowns.

"We are ready to take progressive disciplinary action in situations of illegal job action."

When could we see job action?

Workers have voted 96 per cent in favour of strike action if no deal is reached.

Both parties started a mediation process on June 3. 

  • Concerns mount ahead of possible job action at Canadian borders
  • Do border workers have a higher cancer risk? 2 unions, Ontario workplace research centre team up for a study

Has there been any progress?

The CIU said Thursday there were no updates regarding talks because mediation is ongoing.

"We are still hopeful an agreement can be reached but the clock is ticking if the government wants to avoid any potential delays at Canada's borders," said CIU spokesperson Pierre St-Jacques. 

In a statement, the Treasury Board of Canada Secretariat said it was "disappointed," by the threat of job action.

"Negotiation is a process of give and take," a spokesperson said. "The government is prepared to make concessions, but there needs to be movement on both sides. Canadians expect these outstanding issues to be resolved at the bargaining table swiftly, and the announced labour disruptions undermine the negotiation process." 

Vehicles heading into a border crossing.

What issues are workers prepared to strike over?

Many of the issues on the table here are similar to those in other organizations: Worker protections, wages, and pensions and benefits. 

But CIU president Mark Weber said they're also looking for provisions similar to those of other law enforcement agencies, like the "25 and out" retirement provision. 

He said they're also looking for wage parity with RCMP officers, who he said make about 15 per cent more than CBSA officers. 

Can Ottawa force CBSA workers to keep working?

Well, technically. 

The government can legislate workers back to their jobs, if they deem it necessary, but that action is controversial.

Two people who cross the border regularly for work told CBC News the slowdowns would be a headache, but neither supported back-to-work legislation at this point. 

Members of the CIU union carry banners and cowbells while protesting slow progress in contract talks.

Brian Masse, NDP MP for Windsor West, told CBC News on Wednesday that his party wouldn't support back-to-work legislation. 

What can I expect at Canada-U.S. borders?

In Windsor, Ont., representatives of two border crossings are urging both parties to come to an agreement. 

"As in all operations, adjustments must be made from time to time to improve the way stakeholders work together, including the negotiation of collective agreements," a statement from the Detroit International Bridge Company read. 

"We will be working hard with the CBSA team to ensure there is minimal impact to the flow of trade and commuter traffic."

Neil Belitsky, CEO for the Detroit Windsor Tunnel, told CBC News that travellers could check their website and social media for updates to wait times. 

"We understand that both sides are diligently working on coming to agreement," said Belitsky. 

  • CBSA work-to-rule would create 'chaos,' quick government response, professor says
  • Residents voice concerns over hazardous materials plan by Ambassador Bridge

Would a strike impact the economy?

Trade organizations and employers with workers who cross the border regularly have sounded off about the possible impacts of job action. 

The Windsor-Essex Regional Chamber of Commerce said it has penned letters to both the union's Weber and Anita Anand, president of the Treasury Board. 

"Any strike by PSAC-CIU workers is going to have a major impact in our region, especially for local businesses," said CEO Rakesh Naidu in a letter. 

"Businesses that rely on a smooth and timely flow of cross-border goods and services could face significant challenges from this job action, including the automotive sector, which is heavily dependent on 'just-in-time' logistics."

Vehciles at a border crossing

That letter was co-signed by other local chambers, as well as the chambers of commerce in Sault Ste. Marie and the Niagara region, which are also border communities with a lot riding on a potential strike. 

Another industry group, the Canadian Manufacturers and Exporters (CME), warned job action could impact the $3.1 billion in goods crossing the borders each day, including $400 million crossing the Windsor-Detroit border. 

"We are very concerned about the impacts that another critical supply chain disruption, this time at CBSA, will have on manufacturers," said CME president Dennis Darby.

"Extended delays will disrupt operations and production schedules, harming manufacturers, and their workers. Once again, manufacturers are being held hostage from circumstances outside their control."

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