Risky Questions: Responding to concerns about safety
by Geri Bain
Natural disasters, U.S. State Department warnings and airplane safety are just some of the safety concerns that clients often ask their travel advisors about. But questions about the travel safety and risks can be a minefield for travel advisors. So how do you deal with these topics in an honest helpful way and minimize potential legal issues for yourself?
From a legal perspective, it’s important to understand the requirements of “duty of care” as well as the kind of statements that can put you at risk. ASTA offers specific training in this (see sidebar); best practices include providing objective information sources and never making recommendations about the levels of safety or risk.
The most important thing a travel advisor can do in these situations is listen to their client—“really listen,” said Jackie Friedman, President, Nexion Travel Group. “Active listening can help you pinpoint the source of a client’s concerns. Often a traveller reads something in the media and panics. An advisor can help them figure out if a travel warning is for an entire country, or only certain parts of it and to compare advisory levels. For instance, Denmark and Sierra Leone are both listed as a Level 2 Caution by the U.S. State Department.
Ask clients what specifically they are concerned about, she advised. “A robust travel insurance policy might reassure some clients, as might hearing actual statistics on crimes committed against tourists or airplane safety incidents.”
Most important, keep in mind that every traveler has a different risk tolerance and that a vacation where they feel uncomfortable is no vacation at all, Friedman stressed. “Advisors should never seek to override their clients objections; they should listen with compassion and a keen ear. Sharing real statistics and good information can go a long way to helping clients decide what risks they want to take.”
2. PROVIDE PERSPECTIVE, NOT REASSURANCE
Advisors often point out that there is no guarantee of safety anywhere in the world, not even in your hometown. On the flip side, it’s important for clients not to totally drop their guard in destinations where they may not be aware of the dangers.
Even if an advisor views a place as incredibly safe, you can’t say that, stressed Dave Hershberger, President and CEO, Prestige Travel. “What you can say is something like ‘I can’t tell you how safe it is—for that you’ll need to check the State Department website. But I can tell you that in the last two months, we’ve sent 20 clients there with no problems. Of course, nothing is totally safe There are safety factors whenever you leave your house. Only you can judge whether you’ll feel safe there based on your tolerance for risk.’”
When going to and from work and school, where people are in a routine, they automatically feel safe, said Shelley Morse, Owner/Luxury Travel Advisor, Horizon Vacations, a Travelsavers affiliate. “Whether at home or traveling, you should always be aware of your surroundings and use caution. I like to use the example, since I am in a suburb of Fort Worth, that I typically feel safe when shopping and dining with my husband on the weekends or going on a walking trail. But if I were in downtown Dallas on Saturday night, I would use extra caution because I'm not familiar with that area.”
Morse said she typically gets on the phone to discuss serious safety concerns so she and her client can talk through it together. “Responding to safety concerns in an email can be misunderstood or seem aloof or dismissive.”
3. LEARN THE LEGAL IMPLICATIONS
ASTA is a great resource on legal issues and advisor duty of care and has been our go-to resource for guiding advisors on things like this, said ”Gina Weye, Vice President of Training, Signature Travel Network. Signature, which requires all members to join ASTA and carry E&O insurance. “We license ASTA’s “Roadmap to Becoming a Travel Advisor” which touches on things like duty of care and their general role as an advisor, legal exposure, and best practices in terms of disclosure.”
“Travel advisors need to work with an attorney to make sure they are well-protect…someone who has experience working with small businesses, ideally travel agencies. One of the best ways to find that attorney is to ask your fellow ASTA members (especially those in your state) who they work with. ASTA membership includes a list of vetted travel attorneys who offer members reduced rates for their services. As an alternative to working directly with an attorney, advisors can use programs that include legally reviewed forms, including waivers and terms and condition from companies like Travel Industry Solutions,” said Friedman.
It’s important to have terms and conditions written by a licensed attorney, preferably one that specializes in travel law, agreed Morse. “I implement those into every booking; my clients have to sign my terms and conditions when they authorize payment. Our T&Cs have the Department of State’s website listed and it's in our final documents advising clients to be aware of the safety warnings for that destination and emergency contacts.”
At the end of the day, it is always a client’s decisions where and when to travel, and travel advisors should support that, said Friedman. “As professionals, they can offer options. If a client is concerned about crime in the Caribbean, how about something in the United States? If they are worried about being pickpocketed in an urban area, maybe they can be booked to the European countryside. Maybe a river cruise is best for them in a developing area. This is where travel advisors can shine, using their extensive experience to make sure their travelers’ vacation dreams come true.”
Centers for Disease Control (CDC): Provides general travel health recommendations as well as country by country updates.
US State Department: Provides the latest advisories for your destination.
Smart Traveler Enrollment Program (STEP): A free U.S. State Department Service that allows U.S. citizens and nationals to enroll their trip with the nearest U .S. Embassy or Consulate and receive important updates and to help the Embassy contact you in case of emergency.
Flight safety: FAA collects and shares data on airline safety but states that the lack of a significant number of accidents makes it hard to meaningfully rank airlines. According to “A Report on Issues Related to Public Interest in Aviation Safety Data" prepared for FAA by GRA, Inc., “there currently is no evidence in accident data that would support the ranking of individual airlines based on their safety records.”
GET EDUCATED - LEGALLY SPEAKING
Advice from Peter Lobasso, ASTA Senior Vice President & General Counsel
DUTY OF CARE. My standard advice to ASTA members is based on the fact that travel advisors, being “agents” in the common law sense of the term, owe certain duties to their clients. This includes the obligation to disclose whatever information is known to the advisor that is material to their clients’ travel plans. As you might expect, what exactly an advisor is expected to disclose in a particular situation turns on how one defines “material.” ASTA’s longstanding position is that “material” means information that if known to the client would be reasonably likely to influence his or her decision with respect to whether, where, when, or how to travel.
INFORM, DONT RECOMMEND REGARDING SAFETY. Because each traveler’s risk tolerance is different, advisors should avoid saying anything that could be construed as a recommendation to travel or not travel.
REFER CLIENTS TO OFFICIAL INFORMATION SOURCES. ASTA recommends that an agency’s terms and conditions statement include a provision referring clients to objective third-party sources of information such as the U.S. State Department and CDC websites. This will enable the client to make an informed decision based on unbiased information.
INCLUDE A BASIC T&C CLAUSE ABOUT RISK. ASTA advises that in addition to referring clients to official sources of information, it’s good practice to include a general statement in your agency terms and conditions that given the inherent risks associated with travel, the advisor is not in a position to guarantee or assure the client’s safety with respect to those risks and that the advisor makes no representations in that regard. In other words, the client assumes all risk associated with traveling.
MAINTAIN - BUT DON'T RELY ON - E&O INSURANCE. It goes without saying that errors & omissions (E&O) insurance is an essential ingredient in mitigating risk, but it is important to understand that E&O does not insure against all risks. Whether there is coverage will depend on the specific circumstances of the claim and the nature of the allegations made against the advisor.
GET EDUCATED. The ASTA Agency Relationships and the Law course, part of the ASTA Verified Travel Advisor® curriculum, contains a thorough discussion of various aspects of the duty of care advisors owe to their clients, including the duty to disclose.
