Travel Waivers: Protect Your Travel Agency

April 9, 2021
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There are a lot of things you learn when you’re a travel agent. One of the most common lessons is that having clients sign a travel waiver form is essential to protect yourself, your clients, and your agency. And sadly, that’s a lesson often learned the hard way. No matter how great a travel agent you are, misunderstandings happen. Accidents happen. Things happen. 😬

But don't you worry, little bird! We're going to walk you through everything you need to know about travel waivers. And we're even going to give you a free travel waiver you can add to your website that just needs to be customized to your agency. That's right! We've done all the hard work for you. You just need to put in your travel agency name and logo, and it's ready to go!

Having clients sign a travel waiver form is essential to protect yourself, your clients, and your agency

Below is a list of travel waivers and disclaimer must-haves for protecting your agency. If you already know what you want, use the links below to fast-forward to the types of waiver verbiage you're looking for!



⭐️ A complete list of Waivers & Disclaimer to protect your agency! ⭐️


1. Pre-Booking Disclaimers: Prices can change and your client needs to understand that possibility! This pre-booking disclaimer will help.

2. Waiver to Verify Trips Details are Correct: This section discusses which trip details your clients need to sign off on (even though you went over your client's itinerary with a fine-tooth comb).

3. Waiver to Verify Client has Documents they Need: How incredibly sad would it be if your clients sailed into port of a cruise destination only to realize they didn't have the proper visa to disembark? This waiver will ensure the clients know what documents they need for their trip.

4. Waiver to Verify You Offered Travel Insurance: It's your client's prerogative if they decline travel insurance, but it's your prerogative to make sure they verify you offered travel insurance in the first place.

5. Waiver to acknowledge that you charge fees: If you charge fees, mentioning it in your waiver or disclaimer will save any misunderstandings between you and your client.

6. HAR's Free Trip Confirmation Form: A free client-facing form making sure you've got your bases covered. Copy it over to your site with a click of the mouse!

7. DIY Waivers: Here's a list of programs you can use to create free waivers for your agency.

8. The Icing on the Cake: This one is a surprise. :) You're gonna love the free resource, I promise!

9. Have a Lawyer Customize One for You at a Discount: If DIY isn't your thing, use HAR's exclusive 10% discount to have lawyer-turned-travel-advisor Tammy O'Hara customize your waivers and disclaimers for your business.



Now, we spoke with multiple travel agencies on how they protect themselves with travel waivers. There is A TON of value in the cumulative knowledge from agencies that have already ‘been there, done that.’ In the end though, they're travel advisors and not travel attorneys. So just to be safe, I’d recommend getting a travel attorney to look at your final waiver.

Without further ado, here are some things you’ll want to think about when creating a travel waiver form. And, if you’re an agency with things to add or stories to tell, please do so in the comments!


Pre-Booking Disclaimers—Quoted Prices May Change!

We’ll start from the beginning: It’s a best practice to state on your quote that you can’t guarantee your pricing (unless of course, you have locked in rates).

While I can’t think of why (or how) someone would sue you for sending a quote and then having that quote change, I think it's important to mention it to avoid having an angry client.

If you’re giving prices over the phone, best practice is to send a follow-up email with the pricing and disclaimer. Set the relationship up for success by making sure you’re all on the same page.

Mention that prices are subject to change in the email body or add something similar to below in your email signature:

**** Please Note: All prices are subject to change and are based on availability. ****

The email signature is especially nice because you won’t ever forget to mention it; it’s already written for you every time!1

This is a side note, but also worth mentioning. Seller of Travel regulations in certain states dictates in certain situations that the SOT number must be listed on certain items (quotes, marketing materials, etc.). Seller of Travel Laws can be a real doozie, so make sure you read up on Seller of Travel Requirements here.


5 Components to Travel Agency Waivers

You’ve got them booked, congrats! Now is where you need to be extra careful to make sure you’ve given the client all necessary information and to leave a paper trail showing you did so. This is where the rubber hits the road folks. Get your racing gear on!

Once you've made that booking, let's go over the information that needs to be double/triple/quadruple checked to make sure it's accurate and that you've disclosed everything to your client.


1. Correct names/dates/times/flights/car/hotels

Whoops. Stephanie with a ‘y’ when it was an 'ie'. Or you booked them on the wrong dates. These are all things that can cause headaches later on if you haven't stressed to your client the importance of looking over their itinerary to make sure everything looks okay.

In your travel waiver, let clients know they are responsible for looking over their itinerary and making sure everything is correct.

Sample verification reminder from a real travel agency:

Please check the attached information upon receipt and verify all information is correct. [YOUR AGENCY NAME] will not be responsible for omissions or errors if not brought to my attention immediately. Payment must be received by the due date to avoid vendor cancellation.

Travel Waiver: Information is Correct


2. Documentation

It goes beyond checking the itinerary to make sure everything is correct. Visas; passports; taking kids out of the country without both parents; documents for getting married outside the US. Knowing this stuff and communicating it to your client is part of your job as a travel agent.

If you're not exactly sure what your responsibilities are to your clients, you might find it helpful to read this article by travel attorney Mark Pestronk discussing your duties to clients. Canadian agents may find this article helpful, TICO regulations by Pestronk.

Sample documentation waiver from a real travel agency:

"DOCUMENTATION: U.S. citizens traveling to any destination outside of the United States will be required to present a valid U.S. passport. Passports must be valid for 6 months past the return date. Some countries require a visa for transit or entry. Passengers are responsible to ensure that they have all the proper documents for entry. All names on documents must match the legal name on your photo I.D., and travel document information must match tickets. Please check the State Department website at https://travel.state.gov for further information. Immunizations may also be required. Failure to comply with these regulations may result in denied boarding, denied entry, and/or government-imposed fines. If you are a citizen of another country, there may be additional requirements. Check with the nearest consulate or embassy of the destination you are traveling to and find out the entry requirements for non-U.S. citizens."


3. Travel insurance was offered

Veterans agents, you know this, but newbies, make sure you offer travel insurance to every. single. client.

At my previous host agency, I worked with agencies that hadn’t offered travel insurance (or didn’t have documentation proving they had) and the unhappy clients were suing the agent to get their money back. Best case scenario, Errors & Omissions (E&O) insurance covers the legal fees to fight the lawsuit.

Worst case scenario? You end up with a very hefty legal bill because you didn't have documentation that you offered travel insurance to your client.

Don't know what Errors & Omissions insurance is? Read this.

You are the travel expert; that’s your value. Part of being the expert is letting clients know travel insurance exists and the risks involved if they decline insurance.

Sample travel insurance waiver from a real travel agency:

"I assume and understand that there is a risk involved with my travel and my travel activities and/or excursions. I acknowledge that I was informed about my options but I declined the insurance."

travel waiver trip insurance

Even better yet, email a quote through the insurance company's website so you have an electronic paper trail insurance was offered. Since they usually have an option to send reminder emails, it increases not only your paper trail but also the likelihood they'll purchase insurance.

And here's some words of advice from travel insurance companies that want to protect you against travel insurance licensing problems: When communicating (verbal or written) with clients, offer/recommend travel insurance; do not sell travel insurance.

Repeat after me: I am a travel expert, not an insurance expert. 


4. Fee DISCLOSUREs

Next up? Fees!

Making sure you're clients understand what fees are involved in working with you is key to the client having a positive experience. Whether they're your fees or a supplier's fee, ensure your client understands when those fees kick in and what the amount is.

Cancellation and change fees may vary based on when they cancel and other factors, so listing specific amounts may not be a possibility. But, you should alert the traveler to the possibility of fees for changes or cancellations to the booking.

If it’s a group, you may already have the specific fees in the contract. Even then, it’s important to have a waiver for each booking since the person who signed the contract may not have shared that information with the group.

Sample fee disclosure from a real travel agency:

travel waiver fees


5. Legal Jargon (AKA: Blanket statement)

Our last component to your travel wavier? This one is the blanket statement.

Sample travel waiver from a real travel agency:

"[YOUR AGENCY] offers retail travel services to customers, which are provided by separate and independent vendors of travel services. [YOUR AGENCY] does not operate, control, or otherwise provide the services of the independent travel vendors. Hence, customer agrees that [YOUR AGENCY] acts only as agent for the client in acquiring transportation, hotel accommodations, sightseeing, and other privileges, or services for the clients’ benefit, and on the express condition that [YOUR AGENCY] shall not be responsible for any loss, accident, injury, delay, defect, omission or irregularity which may occur or be occasioned, whether by reason of any act, negligence or default of any company or person engaged in or responsible for carrying out any of the arrangements, or otherwise in connection there with."


HAR's Free Travel Waiver: Trip Details Confirmation Form

That wasn't so bad was it? :) But we can do even better. Let's whip a travel waiver form for you right now!

The icing on the cupcake is that we've already made a Trip Details Confirmation Form for you! It makes it easy for clients to verify crucial details of their upcoming trip and goes over all the travel waiver points we just discussed.

  1. Travelers' legal names spelt correctly? ✔️
  2. Dates of travel and departure/arrival city correct? ✔️
  3. Passport good for 6 months after they return home? ✔️
  4. Travel insurance was offered? ✔️
  5. Disclosed to clients visa/vaccination requirements? ✔️
  6. Made sure your clients have read and signed that they understood all of this? ✔️

You can integrate our free form onto your agency's website with one click of the mouse. Don't be shy! Check it out.

There's more where that came from, too. We have a few other Free Travel Agent Forms and a couple of tutorials about customizing them to reflect your unique brand!


Where to Create Your Online Travel Waiver Form

Okay, I hope this isn't the case anymore, but if you are sending out paper travel waiver forms for your clients to sign, let's stop that. Having clients sign paper forms is sooooooo 2012. ;)

Our free travel waiver form from the previous section shows you how handy and professional an online waiver can be. But . . . if you're more of a DIY-er and want to build your travel waiver from the ground up, no problem! (But ours is pretty darn good so make sure to check it out.)

Here's our recommendation for online form creators:

  1. Jotform - My personal fav and the one we use at Host Agency Reviews. It's the one I highly recommend because it is a zillion times more powerful than any other form builder out there. And it does everything you'll need (including getting client signatures)... for free!
  2. Cost: Free Plan (downside? Very little. The free plan comes with everything the paid plans offer as well as unlimited fields. It even includes e-signatures and payment integrations for clients!) The next plan up is the Bronze Plan: $24/month (annual plan). We used JotForm to create all of our form templates for our Free Travel Agent Forms article.
  3. Wufoo - Another option out there. I did use Wufoo but changed over to JotForm because of its features and lower price point. As of July 2020, Wufoo doesn't have an electronic signature option without you having to use a third party.
  4. Cost: Free (downside? No e-signature option so it's not an option for forms where you need the client's signature). Ad Hoc Plan: $14.95/mo ($129/yr) gives you more forms and fields, but still no e-signature.

We have used Cognito Forms in the past (before we discovered Jotform), but had a pretty terrible experience with their customer service and no longer recommend them.

If you know of any other options or have thoughts on the above, I'd love to hear them in the comments below!


The Icing on the Cake: Travel Checklist and Tips

Julie, the owner of an agency specializing in Europe, shared the amazing "Overseas Travel Checklist and Tips" form she sends to clients. It’s an amazing source of information and exactly how you can show your value as a travel agent, by giving them a little extra.

The best part is, you create it one time and clients continue to be thankful for the extra resources you're providing to them for all eternity! Win-win.

So here's a peek at our travel checklist; click on the upper right-hand corner of the pdf to download it. :)

And heck, we like lots of icing on our cake! So here's some more:

Sending waivers is helpful, but a signature of acknowledgement is your best defense.

Travel attorney Jonathan Howe says that simply sending the waivers is helpful if you ever need to defend yourself, but a signature of acknowledgment is really your best defense. He also recommended sending an acknowledgment with a copy of the waiver. It doesn’t need to be complex, just a “Thank you we received your waiver, a copy of which is attached”.

One of the advantages of signing up for an online form maker like JotForm is that they can send auto-emails to you and the client, acknowledging you've received the form.

And you know, we just can't help ourselves. Here are more awesome legal resources for your travel biz:

  1. Creating online waivers with electronic signatures is a great way to actually get your clients to fill out your waivers. Here's how to do that plus loads of other free travel agent forms (for free).
  2. If you want more formal advice, we have a list of travel industry lawyers, which includes free legal documents for agencies.
  3. Lastly, HAR's resources page is great for finding our most popular articles and other travel agents' resources-- check it out! 
  4. Check out Travel Lawyer Mark Pestronk's free legal document templates here
  5. Here's a fantastic guide by Managed Insurance Services on limiting your agency's liability. This baby is written in plain English. *high five* (Thanks to Joe Matteis for sharing)


Not into DIY? Have a Lawyer Customize One for You

For those of you wanting to have a bullet-proof wavier checked out by an attorney, we've also got a little treat for you!

If you're looking for customized waivers or touch-ups to waivers you already have, attorney-turned-travel-advisor, Tammy O'Hara, offers HAR readers a 10% discount on her travel agent legal bundle which includes a consumer disclaimer, a consumer agreement, a group agreement, and 90min. of customization time. (You can also do a la carte waivers, contracts, and/or consultation calls. It's all 10% off.)

Travel Agent Legal Templates Discount



Wow. Thank You!

We really appreciate the advisors who let us take a peek behind the curtain for their excellent waivers. Jodie Swartz Jones, Nyla Bridges, and Julie Lay Conway shared their various waivers, disclaimers, and checklists for this article.

How amazing is it that agents shared their travel waivers to help other agencies be better protected? If you want to give them a shout-out, if we missed something important in this article, or if you want to pass along the kindness and share your travel waiver, let us know in the comments below!

If you still have questions, drop us a line, join the conversation in the comments below, or connect with me on Facebook and Twitter.


Editor’s Note: This article was originally published in January 2013 and was completely updated and revamped on publish date listed. Enjoy!

Footnotes

  1.  Speaking of covering yourself, I need an obligatory disclaimer here! I am not an attorney. I aggregated this info from first-hand experience and other industry sources to create a resource that would help agents gain base knowledge. It does not guarantee protection against lawsuits from clients. All info is accurate to my knowledge but the information given should be fact-checked and never be considered legal advice.
About the Author
Steph Lee - Host Agency Reviews

Steph Lee

Steph grew up in the travel industry. She worked with thousands of agents in her role as a former host agency director before leaving in 2012 to start HAR. She's insatiably curious, loves her pups Rygy and Fennec, and -- in case you haven't noticed -- is kinda quirky.

If you’re looking for Steph, she leaves a trace where ever she goes! You can find her on Facebook, Twitter, Instagram, LinkedIn and Pinterest as 'iamstephly'. 🙂