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Sep 22, 2018 at 16:38 comment added DavidRecallsMonica @MadHatter Thanks for bring us back to earth. You're right that this discussion is hypothetical, and speaking for myself, there's enough on my plate that hypotheticals are of limited interest. I think I'll stop now.
Sep 22, 2018 at 6:12 comment added MadHatter Since it's hypothetical anyway, none of us so far having claimed familiarity with Nigerian law on the subject, could we not argue it here? @David, if you wish to write an answer advancing your theory of the agent's liability, please do so, and we can all argue the point in the comments field of that.
Sep 21, 2018 at 21:04 comment added DavidRecallsMonica Folks, we may have to agree to disagree. My experience (admittedly some years ago) is one walks into a travel agency in the US and buys a ticket. If the agent's paperwork (not the airline's paperwork) contains T&Cs, then I agree with MadHatter that the T&Cs will contain a disclaimer. ThomasRedstone: contracts may be written or oral; if there's no written document or T&Cs are not provided to the customer, then the contract is wholly oral, and much more disputable. I'll amend my statement: unless advised in writing, the customer likely can claim against the agent.
Sep 21, 2018 at 12:35 comment added ThomasRedstone There is a written contract when you use an agent, a contract isn't just a document you sign, it can you made by making payment, verbal agreement, or even the nod of the head (although the last two are a lot more flimsy). As long as terms and conditions are mentioned, making payment is accepting. In Europe you'd stand a reasonable chance or aguing with this if they were obscure or unfair. But from what I've read about US contracts, their enforcement is a little less consumer friendly.
Sep 20, 2018 at 20:48 comment added MadHatter @David I doubt it, they'll just indemnify themselves in their Ts&Cs. Taking a completely random US example: "It is your responsibility to fullfil the passport, visa and other immigration requirements applicable to your itinerary. You should confirm these with the relevant embassies and/or consulates. We do not accept any responsibility in the case of you being unable to travel due to not complying with any such requirements.".
Sep 20, 2018 at 19:44 comment added phoog @David no travel agent I ever used discussed visas with me. If courts were finding agents responsible as you suggest, they would be far more diligent about discussing visas with their clients than they actually are.
Sep 20, 2018 at 19:32 comment added DJohnM @phoog FWIW, travel agents in Ontario, Canada, are provincially regulated and are required (among other things) to inform clients of all visas and passports needed to complete the trip being purchased...See tico.ca
Sep 20, 2018 at 19:25 comment added DavidRecallsMonica @phooge In the US, most transactions with travel agents are done without a written contract between the customer/traveler and the agent. Without a contract specifying who's responsible for what (which would I imagine shift responsibility to the customer, as airlines do), the agent will be assumed by a court to have a higher level of knowledge and experience of travel, and will therefore be presumed knowledgeable about the customer/traveler's need for a transit visa. In a case like this, a court is very likely to assess the agent as responsible.
Sep 20, 2018 at 19:14 comment added phoog @David on what gounds? Travel agents routinely disclaim liability for documentation requirements. The responsibility to investigate these requirements lies with the traveler, not the agent.
Sep 20, 2018 at 17:06 comment added DavidRecallsMonica I'm not familiar with Nigerian law. If in the US, the traveler would have a pretty good claim against the travel agent for the cost of rebooking.
Sep 20, 2018 at 14:09 comment added MadHatter You could well be right. The OP doesn't actually ask a question, so I think we're both trying to infer what (s)he wants to know. My inference was that (s)he wanted to know if someone was responsible and so would have to bear the cost of re-ticketing. But I could be completely wrong about that.
Sep 20, 2018 at 14:08 comment added Hanky Panky While i completely agree that it was the passenger's responsibility to check for the required documents for the itinerary but it looks like a genuine lack of knowledge of the situation and the passenger seems to be looking for advice as to what to do. I don't think the OP is trying to suggest that the airline was wrong.
Sep 20, 2018 at 13:44 history answered MadHatter CC BY-SA 4.0