TravelAge West
Search Sponsored by

Explore TravelAge West

Destinations

Back
  • Africa & Middle East
  • Asia & South Pacific
  • Caribbean
  • Central & South America
  • Europe
  • Hawaii
  • Mexico
  • USA & Canada

Travel Types

Back
  • Family
  • Adventure
  • Cruise
  • River Cruise
  • Tour Operators
  • Luxury
  • Hotels
  • Culinary
  • Romance
  • Wellness
  • Sustainability

Directories

Back
  • Hotels
  • Cruise
  • Job Seeker Center

Interactive

Back
  • Click & Win
  • Geo Quiz
  • Slideshows & Video

Professional Development

Back

Industry Insight

  • Business Features
  • Interviews
  • Events
  • Opinion
  • Tech
  • Podcasts
  • Coronavirus and Travel
  • Need to Know Research

Education

  • Certifications
  • Digital Guides
  • Fams
  • Thought Leadership
  • Advertiser Spotlight
  • Webinars
  • Quick Q's

Events

  • Global Travel Marketplace
  • GTM West
  • WAVE Awards
  • Future Leaders in Travel Retreat

Get Us in Your Inbox

I accept the T&C and Privacy Policy.

Search TravelAge West

Clear Field
Jeffrey Ment, Managing Partner of The Ment Law GroupContributing Writer

Share

  1. Home
  2. Industry Insight
  3. Opinion

Legal Lingo: What to Know When Hiring and Training New-to-Industry Travel Advisors

Mar 17, 2019
Legal Lingo: What to Know When Hiring and Training New-to-Industry Travel Advisors
Adequately training new-to-industry advisors is a must.
Credit: 2019 Getty Images

Recent surveys report that there are strong economic projections for our industry, along with a resurgence of travel advisors.

It’s about time.

Although our business model has evolved over the past two decades, we are at a point where travelers — especially millennials and baby boomers — are turning to us for their travel planning or considering this profession as a viable career.

But while we trumpet the uptick, we must be vigilant in our hiring decisions. From a legal perspective, agencies should be mindful of the implications of bringing on the next generation of advisors.

Get Us in Your Inbox

I accept the T&C and Privacy Policy.

When hiring new agents, what do we need to worry about?
Each time we welcome a new advisor to our team, we take on legal obligations. An employer is vicariously liable, which means that they could be responsible — and could owe money damages — for the errors and omissions made by employees and, at times, even independent contractors (ICs).

We often base our success and opportunities for growth on bringing in talent who can open the doors to new business. Each opening, however, has the potential for increased liability. This exists because “agency,” broadly defined, is a legal concept that can create employer liability for the actions of those who are actual, apparent or implied agents of “the master” (i.e., you).

So, any misleading or wrong representations made by your agent, such as not telling a customer that their deposit is nonrefundable, can create legal problems.

We often base our success and opportunities for growth on bringing in talent who can open the doors to new business. Each opening, however, has the potential for increased liability.

How can we protect ourselves?
Vicarious liability demands that proper supervision and training of employees is essential.

To guard against financial and reputational harm, be sure that your insurance policy covers you for these claims. In the context of ICs, consider requiring those employees to procure their own insurance policy.

Another way to lower the risk of vicarious liability is to be selective: Make sure your travel agents are trained, and commit to training them well. After all, since these advisors are not required to be licensed, we need to be careful and self-police those who are entering our industry.

As you consider hiring new employees, first look at their background. Do they hold any certifications or designations? What professional organizations do they belong to? What trade publications do they read regularly?

To protect ourselves, it’s important to be selective: Check references (including customers who they have worked with); hold training sessions; develop a process for the dissemination of new information; and, above all, communicate with one another (which is a task that can be challenging when everyone isn’t working under the same roof).

Equally, training doesn’t stop upon hiring; we always need to stay abreast of developments. Make sure that they learn the basics, including what’s important to convey to consumers and what is necessary to document. (And if the customer demands something impracticable, document that the employee’s advice was discarded.)

With this, we will enjoy future good times in our industry. And, with some thoughtful planning, we can avoid potholes in the road ahead.

Meet Jeffrey Ment

Jeffrey Ment currently works as a travel law attorney and previously worked as a travel advisor, airline sales manager and tour guide. For more than 27 years, he has represented individuals and companies in the travel industry.

Have a question for Jeffrey? Let us know by sending an email to letters@travelagewest.com.

The Details
The Ment Law Group
www.mentlaw.com

Tell Us What You Think! forum

Related Content

Legal Lingo: What Destination Info Should You Share With Clients?

Legal Lingo: What Destination Info Should You Share With Clients?

  • Most Read
  • Most Shared
  1. Brightline to Orlando Has Officially Opened
  2. 8 Dependable Text-Messaging Apps for International Travel
  3. 16 of the Best Restaurants in San Juan, Puerto Rico
  4. Top 10 Wellness Retreats in Mexico for Travelers
  5. Review: Norwegian Viva
  1. 16 of the Best Restaurants in San Juan, Puerto Rico
  2. Brightline to Orlando Has Officially Opened
  3. 8 Dependable Text-Messaging Apps for International Travel
  4. A Complete Guide to This Year's Theme Park Halloween Celebrations
  5. On the Ground in Maui: Signature’s Owners’ Meeting Highlights ‘Respectful, Compassionate’ Tourism to the Island

From Our Partners

More Stories Like This

How USTOA Is Helping its Members Become More Sustainable

How USTOA Is Helping its Members Become More Sustainable

Signature Places Emphasis on Indigenous Tourism Awareness and Education

Signature Places Emphasis on Indigenous Tourism Awareness and Education

Editorial: What it Means to Be a Travel 'Professional'

Editorial: What it Means to Be a Travel 'Professional'

Why You Should Consider Hiring an International Virtual Assistant

Why You Should Consider Hiring an International Virtual Assistant

clientonboardingprocess

How Does Your Client Onboarding Process Stack Up?

5 Ways Tourism Boards and Consortia Can Work Together Effectively

5 Ways Tourism Boards and Consortia Can Work Together Effectively

This New Consortium Aims to Fight Modern Slavery in the Tourism Industry

This New Consortium Aims to Fight Modern Slavery in the Tourism Industry

Editorial: Why Are World Cruises Trending Right Now?

Editorial: Why Are World Cruises Trending Right Now?

Editorial: What Will High Prices Do to Travel Demand?

Editorial: What Will High Prices Do to Travel Demand?

whataredestinationmanagementcompanies

How to Find the Best Destination Management Company to Work With

TravelAge West

About TravelAge West

  • About Us
  • Contributors
  • Sales Team
  • Contact Us
  • My Profile

Advertise

  • Advertise With Us
  • Write For US
  • Media Kit
  • Upload Ad Material
  • Digital Ad Specifications
  • Reprints
  • Subscribe to Print

Stay Connected to TravelAge West

Get Us in Your Inbox

I accept the T&C and Privacy Policy.


Northstar Travel Group

Northstar Travel Group

  • Travel Weekly
  • Travel Weekly Asia
  • Travel Weekly China
  • TravelPulse
  • TravelPulse Canada
  • TravelPulse Quebec
  • Meetings & Incentives
  • Travel Technology
  • Corporate Travel
  • Hotel Investment
  • Data Products
  • AGENTatHOME

Copyright © 2023 Northstar Travel Media, LLC. All Rights Reserved. 301 Route 17 N, Suite 1150, Rutherford, NJ 07070 USA | Telephone: (201) 902-2000

Load Carousel Here
Load Video Here