# what can I do ??? [Problem with travel agent/cancelled tickets]



## uop1497 (Jul 3, 2013)

Hello,

This is a long post and I hope you can give me some advise of what to do . If you are a lawyer or has knowledge about law, please help

I bought two air ticket from a local travel agent  ( Sun light travel) in my town ( San Jose). I paid in full with cash and check 8 months before my departure date. The travel agent did not give me my tickets and I filed a complaint with the DA office ( consumer protection agency). The DA office tried to work thing out with that travel agent on my behalf .Finally, 2 days before my trip, I get my two ticket numbers and  I am able to fly out of USA. I thought every was set and no more problem with that travel agent again. At least that what I thought at that time.

By the way, I am worried that my tickets may be cancelled by Sunlight travel, so I asked Korean Airline representative ( 3 different people) if that is possible. I was told ( 3 different Korean air line representative) when ticketing is done, without my permission, there is no way for the travel agent can cancel my ticket without my permission. I should have no worry

 A week before I was schedule to fly home ( back to US) . I checked with Korean airline office in Ho Chi Minh City because I want to change the return date early the it is original schedule . I was told my return fly was cancelled. KA representative told me that the cancelled was initial in US side, they can not tell who and when the request for ticket refund was made . One thing for sure is my two tickets was cancelled and our name ( me and my husband) are not in their system any more .They told me to check with my travel agent since I purchase travel ticket thru travel agent.

I made a call back to San Jose and learned the owner of Sunlight travel  closed her office and file for bankruptcy. She took a lot of money from other people . Some of them never get air ticket from Sun light travel while others people has their returned fly was cancelled like me. 

I have no other choice. In order to return home, I bought 2  (one way ticket) for me and my husband to go home. Korean Airline also give me the name of travel office who applied for a refund on my two tickets. The name is ( Orient Clipper Travel, located in New York)

After I got back home, I contacted Orient Clipper Travel (in New York) to find out what is going on. Orient Clipper personnel told me that they are consolidator . They are the one to approve the refund of my two tickets base on the request of Adam Travel in Fremont.  So, I must talk to Adam Travel office to find out the reason

I contacted Adam travel office located in Fremont.  According to Adam Travel, Sunlight travel own them a lot of money and did not pay them.  They cancelled all unused air ticket to minimize their lost. It seems to me that Sunlight travel asked them to issue my round trip air ticket. Since they did not get paid, they cancelled mine . Adam travel insists they don't cancel my reservation, they just cancel the unused tickets to minimize their lost, and my two tickets is on the list they called as black list

Here is my questions:

1) What Adam Travel and Orient clipper Travel done to me is legal ?
2) I don't know what relationship between Sunlight travel and Adam Travel and Orient Clipper Travel. Who would be responsible for my dilemma 
3) Since I don't give any permission for any of them ( Adam travel, Sun light travel, Orient Clipper travel) to apply for the refund and  Korean airline allows the refund to take place , can any of them be held responsible for reimburse me the money I paid to buy two new one way ticket to return home
4) How can I find out if Sunlight travel did paid money to Adam travel in my part or not. Adam travel does not want to talk to me since I am not their client

 Currently, the whole incident is under investigation by DA office in my home town. No one can tell me about my case.  And I am not sure if Sunlight travel is responsible for my return fly being cancelled.

Thank you for reading my long post. Please give advise if you can.

Regards


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## classiclincoln (Jul 3, 2013)

I'm not an attorney, but here's my take on this.

You probably do have a claim against the original travel agent for breach of contract.  However, since they filed for bankruptcy, you probably won't be able to get anything from them.

I'd still file the claim; if they catch her she might do jail time based on the number of people she harmed.  Won't put any cash in your pocket, but maybe give you some satisfaction.


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## SMHarman (Jul 3, 2013)

Do Travel agents need to be bonded in that state?  if so you have a claim against the bond. 

Sent from my LT26i using Tapatalk 2


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## Talent312 (Jul 4, 2013)

I concur with filing a claim in Bankruptcy Court and a claim against any bonding company.
You might also file a complaint with your state's consumer protection agency.

IMHO, this is another example of why it's better to book directly with the airline.
Cut out the travel agency and you've removed one source of concerns about any "deal."

.


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## bogey21 (Jul 4, 2013)

Talent312 said:


> IMHO, this is another example of why it's better to book directly with the airline.
> Cut out the travel agency and you've removed one source of concerns about any "deal."



Couldn't agree more for many reasons.

George


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## Sandy VDH (Jul 4, 2013)

I am also a travel agent.  But I really get ticked off when this happens.  People blame the travel agent/agency and advise to avoid travel agents in general. 

I think it should be relevant to say it all depends on how a travel agent books and pays for travel.  Many agency process the payment themselves, how to tell, what does the credit card billing look like, it in the agencies billing or in the OP case Korean Air.  Makes a difference.  In the first case you have just given your money to the agency, they have their commission already, and then they have to go an pay a NET fare to the vendor.  Problem is you have no idea that is completed.

I would recommend that you NEVER pay cash, pay by credit card, and then pay your credit card with that cash you have.  As that credit card gives you a little more protection.  Because you can file a complaint against the vendor directly, and you have the credit card company protection.  

What I do is NOT to process CC myself.  I chose a different path, I use the clients credit card to have the vendor process the GROSS fare.  At some point in the future, (time varies), that vendor cuts me a commission check.  Yes I have to wait for my commissions, but there is a contract between the customer and the vender.

Most concerned agents also carry Errors and Omission insurance.  I do. So if something does wrong insurance can cover the extreme cases. 

My advice, two items.  1) In the future, use your credit card, pay the vendor with that card, and find a travel agent that you trust, not just the one that has the rock bottom price.  2) If you are purchasing travel that is a large expenditure, consider purchasing travel insurance,  it also covers carrier default and other items. 

I am sorry for the OP situation.  That agency if in trouble probably used your cash for other items for many months, then finally booked your ticket through a consolidater, but never bother to pay that vendor.


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## Bill4728 (Jul 5, 2013)

A friend of mine had something similar happen to her. 

She bought tickets thru a local travel agency for a flight on a national airline and a hotel  at Disney World.  She paid by check. The local travel agency cash the check then several weeks later told her " so sorry, but the person I contracted with to buy your tickets went out of business and you're out of luck" 

The travel agent was still in business, the airline and hotel also. WHY would or should it matter that the consolidator went out of business? Isn't this the problem of the travel agent? If I pay a business for something and the business gives that money to someone else, why would I be the one left holding the bag for the poor choice of the business?  It would have been different if the airline went out of business or the hotel or even the travel agency  but why should my friend lose her money because some unnamed third party went out of business.


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## dlca1 (Jul 5, 2013)

I'm sorry to hear that this happened to somebody on tug
I had read about this incident in our local paper. It sounds like a lot of honest people have had their money taken.

http://www.mercurynews.com/business...vel-agency-leaves-clients-wondering-if-theyll


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## n777lt (Jul 5, 2013)

At the very least, contact both the San Jose police and the state Attorney General's office in charge of consumer affairs and/or professional regulation to have your name and contact information added to their files on the case as another victim.  If there is any legal action to be had later, you MAY be notified. Though Sun Travel is in bankruptcy, someone may find it worthwhile to try to go after the  individual owners, particularly if, as the newspaper suggests, the agency continued to do business after it was suspended from doing business in February.


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## uop1497 (Jul 8, 2013)

Happy July 4th everyone !!!
Thank you everyone for your advice and here is my updates

1) I did contact the DA hotline (408.792.2675) provided for victim to file a complaint. I am now waiting for the form being sent to my home address . 

2) This is the first time I do business with Sunlight travel .
One month after I paid in full for my two tickets plus visa fee to Sunlight travel, I knew that something was wrong . It was too late to get my money back. I was hoping and praying that I will not be scammed by Sunlight travel.  Seeing how they handle my visa, I decided to book 2 air ticket for my children with Korean Airline directly . Otherwise, my lost will be more than what I am facing now . I chose Sunlight travel to buy my air tickets, not because they sold cheap ticket, just because (I was told) ,Sunlight travel  can get the visa permit successful . The cost of air ticket ( for my children) I bought from Korean airline is very close to I bought through Sunlight travel

Two weeks before my trip, I filed a complaint with DA. The DA never truly believed me because they think Sunlight travel has been in business too long . Sunlight travel must be good people and I am just impatient . After I got back to the US and contacted the DA office again, I told the DA agent of my thought . The answer I received We ( DA) do not realize the magnitude of this case  at that time.

3) Some of you mentioned about buying insurance to protect myself . May I ask, in my case, would insurance made any different. I know that insurance applies for lost luggage, miss fly or something come up and that person can not take the trip. However, in my case, the travel agent who took my money, asked another travel agent issue my air ticket and did not pay that travel agent. Therefore, my returned fly was cancelled. Would insurance reimburse me back for the amount I paid for my two new one way tickets. Please note that my travel agent office was filed for bankruptcy and my travel agent is also Diane Ho, the owner of Sunlight travel

4)I have learned my big and expensive lesson this time. I know what I must do in the future when booking a next vacation for my family. 

 I do not think I am able to get any of my money back. However, I can not just sit and let Diane Ho filing for bankruptcy successfully . I know the bankruptcy court will hear her case this month. I do not know if my name on  creditor list. I hate the thought that Diane Ho can walk away freely after hurting many people.Is there anything I can do in my power to prevent it from happening . 

As I am writing this updates, my health turns bad due to all the stress Diane Ho put me through. I am currently seeking professional help to gain back my health . 

Sandy, 
You mentioned in your post that "Most concerned agents also carry Errors and Omission insurance" . How can I check to see if Sunlight travel has this kind of insurance in place . I read in the news saying the following:

a) In February, Sunlight Travel was suspended from doing business with the state of California.

b) the state attorney general's office confirmed that neither Sunlight Travel's CST number nor the company's name are listed on seller of travel records with the attorney general's office, which helps oversee the California Seller of Travel program.

Should I contact the Attorney general's office to see when it last have Sun light travel listed on the Seller of Travel record.  

Also, in my case, I gave Sunlight travel money and other travel agent issue my tickets. I don't know how the money exchange hand between Sunlight and other travel agent. How I can get that information. If you know a way to track it , please advise.  My purpose is to fully understand how that happen and whether Sunlight travel did pay money to that travel agent (on my case) or not .

In addition, when consolidators applied for unused air ticket, do they have the right to do that without customer consent. Do they have obligation to contact customers before proceeding to the refund request. Since you are in the travel field, please share your inputs. I really want to understand how the whole process works . 

Thank you for reading my long post again. I am looking forward to heard your advice.


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## Sandy VDH (Jul 8, 2013)

uop1497 said:


> Sandy,
> You mentioned in your post that "Most concerned agents also carry Errors and Omission insurance" . How can I check to see if Sunlight travel has this kind of insurance in place .



My guess is that Sunlight was knowing and deliberately ripping off people because the fell behind in payment and did not have sufficient revenues to cover their cash flow situation.  In that situation it is likely that would NOT have any E&O insurance anyway.  That is why they were suspended from selling travel already back in February.  They lost their status as an agency.  It is likely that they took your cash and used it for other purposes, and never actually paid the vendor for the travel they arranged.  

Agencies use vendors to obtain bookings for people.  Again it depends how this relationship works, are they paying net or gross, etc.  

General advice.  1) Book with an agent/agency you know and trust.  One who carries E&O insurance and you can determine is "verified seller of travel".  I carry E&O insurance which is mandatory from my host agency.  My host agency has all of the seller of travel credentials required.  But they are a standup organization. 

2) Always pay with a Credit Card so you can dispute any charges and get your CC company to fight for you.  

Expensive lesson to learn.  But we are always looking for the best deal and sometimes put ourselves at risk by not understanding who we are booking with.


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## uop1497 (Jul 11, 2013)

Sandy, 
Thank you for your inputs. I would like to know how can I check to see if travel agent  carries "E&O insurance" and how can I determine whether he/ she is "verified seller of travel"

If I ask the travel agents myself, they may say they have both .

So far, I have not found any honest travel agent in my area. I know I can book air ticket myself. however, there is situation I think it is best to have the travel agent do the work for me.  If by any chances, you know someone in my area, please send me a PM with that person's name  and phone number to me. 

Thank you.


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## csxjohn (Jul 11, 2013)

uop1497 said:


> ...So far, I have not found any honest travel agent in my area. I know I can book air ticket myself. however, there is situation I think it is best to have the travel agent do the work for me.  If by any chances, you know someone in my area, please send me a PM with that ...



If you have an AAA office near you, they are a travel agent and may be able to help you.


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