Scary clauses in fine print

[Guest Cat on a PC©]

By Scott Fraser

 

May 28, 2006

 

THERE are plenty of things to worry about when travelling: aircraft falling out of the sky, missed connections, cancelled bookings, luggage going astray, getting sick, having your pocket picked.

 

But the scariest thing is probably something you never even looked at: the fine print on your ticket.

 

If you read all the conditions that travel companies and airlines ask you to agree to, you'd probably never book a holiday in the first place.

 

One of the biggest traps comes with booking cut price air fares, particularly when you do it over the Internet and get an e-ticket.

 

Print out all the conditions, and you might find one that says: "No payment accepted by the carrier in respect of a booking is refundable under any circumstance". (My emphasis on words in italics.)

 

There it was in clause six: one of 22 clauses, many with sub-sections, in five A4 pages of print about half the size of that used in a newspaper.

 

One woman I know discovered this to her cost. Like most travellers, she thought "non-refundable" meant if she cancelled her trip.

 

In this instance, the airline changed schedules and cut flights because the route was unprofitable, and the flight on which she had booked was cancelled. "As per the terms and conditions you agreed to at the time of booking, the ticket you purchased was non-refundable" the airline wrote.

 

Eventually, she did get most of her money back. But it took a couple of months and the backing of the Consumer Affairs Department. She reads conditions more closely now.

 

But then, if you want to make the flight, you have to consent.

 

For instance, you might be agreeing to the condition that, if you are denied entry into any country, you will have "to pay all costs of transportation from that country to a country of the carrier's choosing".

 

Or that "the Carrier ... may refuse to carry any person or baggage, whether or not a booking has been accepted or processed by the carrier, without any obligation to provide reasons for such refusal".

 

If an airline loses or wrecks your baggage, don't expect any compensation to bear any resemblance to the value of the goods you lost. The condition on the standard IATA (International Air Transport Association) ticket points out that they pay $US20 per kilo based on the checked-in weight.

 

To them, a suitcase bought at the op shop containing Target T-shirts is worth exactly the same as a piece of Louis Vuitton designer baggage filled with mink stoles and diamond tiaras.

 

An adventure travel company says: "If during a tour, the Tour Leader considers you should not participate further, he/she may direct you not to continue and you must follow the Tour Leader's instructions. In this case you will not be entitled to any refund."

 

And a major coach touring company reserves the right to throw off a tour anyone "deemed to be incompatible" with other participants. And elsewhere warns you that "neither the company nor any affiliate shall be liable for other than compensatory damages, and you hereby waive any right to punitive damages".

 

Most travel operators detail what charges will apply if you cancel, usually getting higher the closer it comes to the time of departure. In the case of an Antarctic cruise you might forfeit the full tour price if you cancel within 90 days.

 

However, terms and conditions always seem to give to operators the right to change or cancel as they wish.

 

You can't even rely on the contents of the brochure that contains the terms and conditions, such as: "(We) accept no responsibility or liability in respect of such information" and "do not accept any liability for any loss, damage, inconvenience, delay, injury, irregularity, accident, expense or negligence due to inaccuracy or misdescription".

 

Go on a cruise and you consent to be searched. Don't try to relax afterwards with a drop of duty-free in your cabin. "No passenger may drink any alcoholic drink on board the vessel unless the servants or agents of the Company have served that drink."

 

OK, so if any of these scary clauses are invoked by your travel company, you've always got your insurance to fall back on, right? So why does my policy have a clause: "This policy might not match your expectations"?

 

And they won't accept claims that arise as a result of my anxiety or depression ? which is exactly how you feel when you read the fine print.

 

escape

 

http://escape.news.com.au/story/0,9142,19316267-36335,00.html