Prominent travel agencies, Thomas Cook and Red Apple Travel, have been ordered to pay Rs 50 lakh to a Delhi man following the tragic deaths of three family members during a trip to Sri Lanka in 2019.
Four years ago, Yogesh Saigal had filed a lawsuit against these travel agencies, holding them accountable for the demise of his wife, son, and father-in-law, as well as the injuries he and his daughter sustained.
In December 2019, a dreadful accident occurred in Colombo that claimed the lives of Kanupriya Saigal, a former journalist, her son, and her father, Ganga Prasad Vimal, when their van collided with a container truck. The incident also left Yogesh Saigal and their daughter severely injured. Tragically, the van's driver also lost their life in the accident.
Kanupriya Saigal. Photo: kpsaigal/x
The Saigal family accused the travel agents of negligence, unfair trade practices, and misleading advertisements that ultimately led to the deaths of three individuals. Their demand for damages amounted to Rs 8.99 crore.
The travel agents attempted to shift liability by asserting that they were merely facilitating bookings on behalf of the clients (complainants). However, the Consumer Disputes Redressal Forum held them accountable.
There is negligence/deficiency on part of the Opposition Parties (Thomas Cook and Red Apple Travel) on account of the negligence of the driver hired by them and they cannot be allowed to escape its responsibility and corresponding liability by stating that it was merely booking the places etc at the behest of the complainant.
- Consumer Disputes Redressal Forum
While this ruling brings some relief to the still-traumatized Saigal family, it also highlights the liability of travel agents and the safety of clients during tours.
Here's what should you be looking for when booking a travel package:
Identify the 'principal'
You might have booked a travel package with an agent or an operator, but their terms and conditions will tell you whether they are taking responsibility for the proper outcome of the trip or not.
If their terms and conditions refer to themselves as the 'principal', then the travel agent, operator, or the company takes responsibility for the aspects of your travel involved in the package like hotel booking, flights, vehicular transportation, etc.
But nowadays a lot of "travel packages" are sold with agents booking trip requirements "on behalf" of their clients. They aren't technically "packages", since the individual aspects of the package are booked separately.
In such cases, most travel companies or agents would specify themselves as a separate entity, and the 'principal' as the retailer, like the hotel or third-party transport operator.
Just like in the case of Thomas Cook and Red Apple Travel, such travel agents can argue that they are not responsible for the different aspects of the trip and that they are only assisting in booking the various things.
Meaning, as a client you may have to deal with the service providers separately if any issue comes up.
Are they charging you separately?
If the travel agent you are booking through is charging you separately for individual items it means that they don't consider themselves to be the 'principal' and won't take responsibility if something were to go wrong.
Travel Insurance
Choosing the best travel insurance is crucial and should not be left as a last-minute task, especially if you are travelling abroad.
Before purchasing, one should also read the terms and conditions properly so as not to be surprised when the insurance comes into play. For example, insurers need to be informed of any sort of potential claim within 24 hours of an incident otherwise it may not be covered.
Some travel insurance may not cover everything fully, so customers need to watch out for the details. And most insurance also may not cover adventure sports.
It is also important to ask travel package providers or agents if their package includes insurance and if so, what type and what is covered.
Choose operators that are open 24*7
It is always advisable to book with a travel operator, agent, or even insurer who is open 24*7 because you will need to be able to call them at any point in time.
Asking for invoice
Whether you book a package or take the assistance of an agent or book yourself, keep all the invoices properly in case you need to refer to who the liable person or entity is.