In Nevada, travel agencies are subject to certain laws. Travel agencies are businesses that help their clients make travel arrangements, which can include booking their hotel room and airline tickets.
These agencies may be subject to travel laws that regulate travel agencies that fall under state law, federal law, common law, and international law. Every state, including Nevada, has fraud and consumer disclosure statutes in addition to refund policy requirements for businesses that arrange and sell travel services.
Nevada does not have specific laws governing registration, regulation, and licensing for parties who sell travel. Travel agents also do not have to have a license.
If someone in Nevada needs help figuring out how to sue a company because they had issues with their travel agency, it is essential to have a lawyer consultation.
What Are the Responsibilities of Travel Agents?
Travel agents in Nevada can have numerous responsibilities. The definition of a travel agent is an individual who sells and arranges trip details such as accommodations, transportation, and tours.
Travel agents are fiduciaries, which means they are representatives of their customers. When a travel agent is conducting their general duties for arranging travel plans, they should do the following:
- Providing any needed information and travel documentation
- Making and confirming any reservations, such as delivering tickets
- Providing advice about travel insurance
- Identifying tour operators and suppliers responsible for services
- Investigating what travel services may be available when there are cancelled flights or overbooked hotels
- Informing clients if there are any restrictions on their transportation tickets
If a Nevada traveler has any questions about professional liability law for travel agents, it is important to reach out to a Nevada lawyer.
What Are the Legal Duties and Obligations of Travel Agents?
Courts have held that travel agents are held to a higher standard of care related to their duties and obligations because of the special relationship they have with clients. This includes the duty to:
- Warn the client
- Investigate and disclose
- Make reservations
- Confirm reservations
- Inform
A travel agent’s duty to warn a customer includes revealing negative information about the client’s destination. For example, a travel agent should warn a client if they are going to a high-crime area.
A travel agent’s duty to investigate and disclose means they should investigate the client’s travel plans and be knowledgeable about where the traveler is going. This includes being aware of conditions that would affect the client’s travel plans, such as events that may cause delays or interference with their plans.
The duty to inform means the agent should inform the client about important travel information, which can include what documents they need to travel, any limits on ticket changes, requirements of other countries, and availability of travel insurance.
Travel agents have a duty to make reservations at their client’s request. They also have a duty to confirm reservations they make and ensure they are ready for the client.
What Is Travel Insurance and How Does It Work?
Travel insurance is insurance that reimburses the traveler for costs related to events that can happen during a trip. This type of insurance can include costs the client incurred before they travel, such as non-refundable hotel stays or tickets or events that may happen during the trip, such as medical expenses.
There are five main categories that are covered by travel insurance, including:
- Trip cancellations
- Emergency medical evacuation
- Accidental death/flight accident
- Travel medical coverage
- Major medical coverage
Travel insurance is an optional purchase that a client can add when they book a trip. If a client wants, they can have an attorney review the terms and conditions of the insurance before they purchase.
It is important to be aware when booking a trip and avoid telemarketing travel scams. If an individual is unsure of whether they may be involved in one, they can consult with a local travel agent and attorney for help.
Is Trip Insurance Required in Nevada?
No, trip insurance is not required in the State of Nevada. Travel insurance is optional and can be purchased before a client takes a trip.
In many situations, a traveler’s homeowner’s insurance or health insurance policies can cover lost property and medical costs while traveling. A life insurance policy may also cover a traveler and their family when they travel. Additionally, an airline is often required to reimburse a passenger if they lose luggage.
A traveler may also be able to purchase trip interruption or trip cancellation insurance. These policies can cover losses that other types of insurance do not cover. These types of insurance can be helpful for covering the cost of a trip that has to be cut short or cancelled because of unforeseen circumstances.
It can be very expensive to travel, especially abroad. Trip insurance can help with costs associated with lost and damaged luggage and travel delays.
This extra insurance may also help with costly medical bills when a traveler is injured or becomes ill during a trip. It may cover extreme unforeseen events such as emergency medical evacuation, accidental death, and flight accidents.
Can My Travel Agent Be Liable for Problems I Encounter on My Trip?
Yes, in some situations, it may be possible to sue a travel agency or agent when an individual has issues with their travel. A travel agent can be held liable for violating their general duties, making fraudulent misrepresentations, and violating applicable Nevada state regulations.
Common examples of issues travelers can encounter include, but are not limited to:
- Injury
- Delay
- Cancellation
- Discrimination
- Lost, stolen, or damaged baggage
- Violations of consumer protection laws
- Deceptive port charges
When a client books a vacation, they may be required to sign a travel agency contract, which can include information about:
- Baggage fees
- Payment terms
- Additional fees
- Travel documents
- Confirmations
- Travel agent obligations
- Cancellations
- Governing laws
- Any other necessary clauses
Do Travel Agents Need Insurance in Nevada?
It can be beneficial for travel agents in Nevada to have business insurance to protect them from liability. Insurance that these companies can get is often in one of two categories, professional liability insurance and general liability insurance.
Professional liability insurance, or travel agent liability insurance, protects travel agents from events that occur related to their business activities. It can also help an agent who is sued by a customer for not providing the services they were due under their contract.
General liability insurance is used to protect travel agencies and agents in their offices when they meet with their clients. This type of insurance provides protections in the event of injuries, such as slip and fall accidents in the office.
Do I Need a Nevada Lawyer if I Have a Claim Against My Travel Agent?
If you have any issues or concerns with a travel agent or agency in Nevada, it is essential to consult with a Nevada business lawyer. If you are a travel agent in Nevada, a lawyer can help ensure you are protected by the proper insurance and fulfill your obligations under any applicable contracts and laws.
If you are considering hiring an attorney, try LegalMatch’s free lawyer matching services to find prescreened and licensed lawyers in your area of Nevada. Even if you simply want advice, it only takes about 15 minutes to complete the online submission and start receiving responses from attorneys ready to help.
