Jeff_Costa_Rica

You're asking for help, but I don't think there's anything anyone can do for you here.

The only thing I can think of is to talk to your travel agent and see what she suggests. Don't accuse her of anything as was suggested above because the TA did nothing wrong. Ask if maybe she could pull some strings with AA to get you another ticket as a goodwill gesture. Or maybe you could get a discounted ticket. Who knows? I wouldn't hold my breath for this happening, but I think it's worth a shot.

It's an age-old principle in travel that the passenger takes full responsibility for having travel documents in order and knowing the entry requirements. Airlines write the terms of purchase in their favor. This is one of them.

LT

"They're not there at your beck and call to take care of the little details you've forgotten about."

Sorry, Jeff, but keeping up with visa requirements is most definitely not a "little detail" and is PART OF A TA's JOB! Anyone with a phone or computer can book flights, cars, hotels, etc. People pay for a TA to also keep up with, and advise them on ELEMENTARY issues such as this. The TA, understandably, probably assumed that the client would be OK, but, you know what they say about "assume . . ." I know it's unfashionable these days to not hold people accountable, but nevertheless, the TA IS responsible.

Nyla, yes, AA should have not let you on the plane, but they are NOT ultimately responsible for whether or not your documentation is in order -- it is YOURS, or, in this case, your TA's RESPONSIBILITY. And, I obviously completely disagree with Jeff . . . Go to your TA, ask her why she did not get the pertinent information -- which was HER JOB -- and ask her how she plans to remedy the situation . . .

julia1

LT, totally disagree based on previous experience as a TA.

I would certainly advise a client about passport and visa requirements, in writing, along the lines of "In order to be able to travel to India you must have a passport which is valid for at least 190 days following the return date of your holiday, and obtain an India visa. Please contact the India Embassy for further instructions."

But I never examined a client's passport and visa to ensure that they complied with all the requirements, nor was I ever requested to do so, and I always included the disclaimer, "It is your responsibility to ensure that you have the correct documentation and visa to enter India. We cannot offer refunds to any clients who are refused entry to India or on their flight."

I would be very surprised to learn that the OP's TA did not do the same. It's pretty standard practice. Unfortunately, it's also pretty common for clients to ignore such instructions - until they have a problem and decide to look around for someone else to blame for their own failing.

Jeff_Costa_Rica

I agree, Linda. Lotsa luck to the OP is he chooses to go in with both guns drawn the way LT suggests.

Not to sound lawyerly because I'm not an attorney, but isn't the contractual agreement between travel agency and client that the TA books a flight on behalf of the client when requested and receives a commission (not very much these days) for performing that task. That's it. There's a point up until which the TA "owns" the reservation and if problems crop up with the flight, the TA helps straighten things out. But if the problem is of the passenger's creation (that seems to be the case here), all bets are off. If this were to be taken to court, that's what any judge would rule, given that age-old dictum that the passenger accepts full responsibility for complying with entry requirements. That's one of the terms the passenger agrees to when buying an international plane ticket.

LT

Julia and Jeff, you do shed some more light on this for me. So, what you both are basically saying is that if you hide behind some legal disclaimers, you are essentially covered. I'll admit, it's been years since I've used a TA, and, if this experience is any indication, I probably never will, and this should just further reinforce the fact that with the advent of the Internet, and the apparent lack of any real service beyond simply booking tickets/rooms (which anyone can do), TAs have become about as useful and relevant as buggy whips.

You are talking about legalities; I'm talking about SERVICE. All any of us has to go by is what the OP is telling us. As he/she points out, they are a frequent customer of this TA, with at least a good portion of their business being high-fare international travel
(to India). If that is indeed the case, you would think that this person is a valued client, and that the TA would want to "go the extra mile" for them, which, in this case, would include doing even a cursory check of the visa rules, instead of simply booking a ticket and handing the client a bunch of legal disclaimers to absolve them of any responsibility. There is a difference between personally inspecting the client's paperwork (which I am NOT saying was the TA's responsibility) and simply going online or making a phone call to the Indian Consulate to confirm there have been no recent changes to the visa regulations (which is even more inexcusable, given the fact that this TA should have known the client very well), and informing the client of any changes. Sorry, this TA may be legally covered, but if this is the "service" that this TA is providing, I'd advise the OP to just simply save the TA fee and book their travel themselves, as this is essentially all the TA is doing.

Jeff_Costa_Rica

We're going to go around and around on this and not convince each other. That's fine.

Julia can answer this better then me, but TA commissions are zilch these days. The era of going into a travel agency and sitting down for a leisurely meeting while you both map out your trip hasn't existed in a long time. Most people are not willing to pay for the kind of service you seem to think they're entitled to. The commission earned on a flight barely covers the agency's cost of booking that ticket if I understand the way things are these days.

What prevented the OP from calling or going online to see if there had been changes in the rules? As I mentioned way above in this thread, I always do that after my close call in Paraguay. The situation was my fault and I take full responsibility for it. I haven't seen the OP accept any responsibility for what happened to him.

Patty

<i>As he/she points out, they are a frequent customer of this TA, with at least a good portion of their business being high-fare international travel (to India).</i>

With AA and most if not all US carriers, the agency would make zero commission so the fare is irrelevant. They would make a small flat fee assuming they charge one.

RoamsAround

One point that seems to be overlooked is OP said he/she made frequent trips to India so wouldn't it stand to reason his/her TA might have thought OP was more well versed in the visa entry requirements and therefore did not deem it necessary to say anything to the client other than "be sure your paperwork is in order"? Nowhere in the information OP gave was any indication the TA was a specialist in booking travel to India and thus I would not expect the TA to know of what obviously were very recent changes in the visa regulations.

OP is looking for someone other than him/herself to blame. OP claims to have made multiple trips to India and therefore should be an experienced traveller and by definition that means he/she should be fully aware that it is ultimately the traveller's responsibility for everything from getting the right tickets, being at the airport on time and having the necessary ID's, passports, visas, etc. Others like TA's and gate agents are there to assist but the ultimate responsibility rests solely with the traveler.

CarolA

"And for all you who feel like you are on facebook--I asked for help not smart remarks. So please leave out the coments
that are not helpful. Thank you."

In other words...

If you don't think that AA owes me a free trip, I don't want to hear about it???

When you start lecturing the posters on what they should respond... you need to find a personal message board where you can "control" the audience

julia1

LT, you are making a lot of unwarranted assumptions, leading me to believe you have no idea what you're talking about. TAs don't '<i>hide behind some legal disclaimers</i>.' This is simply the nature of the business, it's nothing new and has nothing to do with '<i>the advent of the Internet</i>.' Clients are assumed to be responsible adults who will follow up on passport requirements, visas, etc.

India introduced new visa rules in December 2009. The OP visited India since then, before this most recent visit, and writes '<i>( my passport) says I can not fly</i>' and '<i>my passport said.--No fly. Visa restrictions</i>.' Do you really believe s/he was not exposed to signs, posters, pamphlets, etc, explaining the new rules? It was stamped in the passport - how does that happen if you don't hand over your passport to be stamped? Was it done stealthily and secretly?

kamban

Continental has its policies posted on its check in gates and the agents questioned me even though it was my first flight to India after this policy came into effect.

Also, see if you qualify for the OCI card ( overseas citizen of Indian origin). It comes with unlimited visa without the 2 month restrictions. Costs $275 and is valid for life