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Help! One Company Refused to Refund Travelers More Than $100,000 Help! One Company Refused to Refund Travelers More Than $100,000
(14 days later)
My trip to Egypt with Overseas Adventure Travel was scheduled to depart in late March. O.A.T. canceled the tour because of Covid-19, which was a relief. The company notified me of the cancellation and offered either a credit for rebooking or a full refund that would have included airfare. The next week, I learned via email that I had been rebooked on the same trip next year. Unbeknown to me, the stated policy had changed: O.A.T. was no longer offering refunds. I told them that I had a medical condition and did not know when — or if — I would be able to travel, and asked whether they were just going to keep my $17,500 if I couldn’t travel by the end of 2021. Answer: Yes.My trip to Egypt with Overseas Adventure Travel was scheduled to depart in late March. O.A.T. canceled the tour because of Covid-19, which was a relief. The company notified me of the cancellation and offered either a credit for rebooking or a full refund that would have included airfare. The next week, I learned via email that I had been rebooked on the same trip next year. Unbeknown to me, the stated policy had changed: O.A.T. was no longer offering refunds. I told them that I had a medical condition and did not know when — or if — I would be able to travel, and asked whether they were just going to keep my $17,500 if I couldn’t travel by the end of 2021. Answer: Yes.
I feel I am being held hostage by O.A.T. How are they allowed to keep my money? RozI feel I am being held hostage by O.A.T. How are they allowed to keep my money? Roz
They’re not. But, if the extraordinary number of reader complaints I have received — more than a dozen and counting — are any indication, they have been doing so anyway.They’re not. But, if the extraordinary number of reader complaints I have received — more than a dozen and counting — are any indication, they have been doing so anyway.
Overseas Adventure Travel is part of Grand Circle Corporation, a family of travel companies based in Boston. The small-group and cruising company has been recognized nationally.Overseas Adventure Travel is part of Grand Circle Corporation, a family of travel companies based in Boston. The small-group and cruising company has been recognized nationally.
But Massachusetts happens to be one of only a handful of states with specific laws that guarantee consumers protection against travel sellers, including requiring that tour operators offer the option of cash refunds (in addition to vouchers or credits for rebooking) when they fail to provide agreed-upon, paid-for services. According to the law, the cash refund must be “an amount equal to the fair market retail value of any undelivered, purchased travel service.”But Massachusetts happens to be one of only a handful of states with specific laws that guarantee consumers protection against travel sellers, including requiring that tour operators offer the option of cash refunds (in addition to vouchers or credits for rebooking) when they fail to provide agreed-upon, paid-for services. According to the law, the cash refund must be “an amount equal to the fair market retail value of any undelivered, purchased travel service.”
Translation: When they cancel your trip, they are legally required to offer you the money back.Translation: When they cancel your trip, they are legally required to offer you the money back.
But even when individual consumers know their rights, they have few options at their immediate disposal when a customer-service representative — usually the only public-facing proxy for a company’s official or unofficial policies — refuses to relent on refunds.But even when individual consumers know their rights, they have few options at their immediate disposal when a customer-service representative — usually the only public-facing proxy for a company’s official or unofficial policies — refuses to relent on refunds.
As Adam Anolik, a San Francisco- based travel-industry lawyer, explained over email, that’s why oversight — forcing a company to comply with state laws — can feel like an uphill battle. “The outcome can often turn on who cancels, which is why a lot of suppliers and travelers are playing chicken right now. In reality, many of these statutes are seldom enforced. This pandemic could cause some of them to be dusted off,” said Mr. Anolik.As Adam Anolik, a San Francisco- based travel-industry lawyer, explained over email, that’s why oversight — forcing a company to comply with state laws — can feel like an uphill battle. “The outcome can often turn on who cancels, which is why a lot of suppliers and travelers are playing chicken right now. In reality, many of these statutes are seldom enforced. This pandemic could cause some of them to be dusted off,” said Mr. Anolik.
This is the third Tripped Up column in a row that addresses the issue of refunds. Although travel has stopped and is only starting up again — slowly and in only a few destinations — the aftershocks of that screeching halt, brought on by the coronavirus, continue to reverberate.This is the third Tripped Up column in a row that addresses the issue of refunds. Although travel has stopped and is only starting up again — slowly and in only a few destinations — the aftershocks of that screeching halt, brought on by the coronavirus, continue to reverberate.
As travel companies now suffer a cash crunch, they are facing off with travelers over credits and refunds. Airlines are sidestepping refund regulations established by the United States Transportation Department and the European Union, betting that negative press (and even class-action lawsuits) are still preferable to negative-balance bank accounts.As travel companies now suffer a cash crunch, they are facing off with travelers over credits and refunds. Airlines are sidestepping refund regulations established by the United States Transportation Department and the European Union, betting that negative press (and even class-action lawsuits) are still preferable to negative-balance bank accounts.
It’s not hard to surmise, just by reading your email, what happened at O.A.T.: the realization that issuing refunds en masse would bleed the company dry. Tweaking the immortal words of Biggie: no money, mo’ problems.It’s not hard to surmise, just by reading your email, what happened at O.A.T.: the realization that issuing refunds en masse would bleed the company dry. Tweaking the immortal words of Biggie: no money, mo’ problems.
To determine if my hunch was correct, I reached out to O.A.T. While they didn’t answer my question directly, I was able to recoup more than $100,000, collectively, for you and 10 other readers. Some got total refunds, while others (including you) received partial refunds or continue to wait for certain fees and sums to clear.To determine if my hunch was correct, I reached out to O.A.T. While they didn’t answer my question directly, I was able to recoup more than $100,000, collectively, for you and 10 other readers. Some got total refunds, while others (including you) received partial refunds or continue to wait for certain fees and sums to clear.
In an emailed statement, an O.A.T. spokeswoman said the company is “working to improve our processes and to better address the needs of each traveler whose trip was canceled or postponed due to the pandemic. We are either rebooking travelers on another trip or providing a refund.” Since mid-March, she said, O.A.T. has refunded more than 5,000 travelers — amounting to more than $12 million.In an emailed statement, an O.A.T. spokeswoman said the company is “working to improve our processes and to better address the needs of each traveler whose trip was canceled or postponed due to the pandemic. We are either rebooking travelers on another trip or providing a refund.” Since mid-March, she said, O.A.T. has refunded more than 5,000 travelers — amounting to more than $12 million.
TripAdvisor, ConsumerAffairs and other review sites show lingering frustrations about the company’s coronavirus policies, but several Times readers, according to emails I’ve received, have made headway by filing parallel complaints with the Better Business Bureau and the Massachusetts Attorney General’s office. That agency said that it has received about 275 consumer complaints so far about canceled O.A.T. trips and has been pressuring the company to comply with the state’s travel-seller laws.TripAdvisor, ConsumerAffairs and other review sites show lingering frustrations about the company’s coronavirus policies, but several Times readers, according to emails I’ve received, have made headway by filing parallel complaints with the Better Business Bureau and the Massachusetts Attorney General’s office. That agency said that it has received about 275 consumer complaints so far about canceled O.A.T. trips and has been pressuring the company to comply with the state’s travel-seller laws.
Other travelers looking for refunds may have a better chance if they’re dealing with companies headquartered within Hawaii, Washington state, Illinois or California. In Hawaii, consumers have the right to a cash refund (minus previously disclosed cancellation fees) within two weeks of requesting one. Washington requires travel companies to issue cash refunds within 14 days (or 30 days when the funds are already paid to a vendor, as might be the case for a tour operator) when they cancel a service. In Illinois, the Travel Promotion Consumer Protection Act was created in the 1980s to safeguard against travel scams that promise too-good-to-be-true deals. California, with some of the strongest consumer protections in the country, requires cash refunds for undelivered services within 30 days from whichever date is earliest: the scheduled departure date, the date the refund is requested or the date the service was canceled by the travel company. (Mr. Anolik has a detailed breakdown of other state-by-state travel laws on his firm’s website.)Other travelers looking for refunds may have a better chance if they’re dealing with companies headquartered within Hawaii, Washington state, Illinois or California. In Hawaii, consumers have the right to a cash refund (minus previously disclosed cancellation fees) within two weeks of requesting one. Washington requires travel companies to issue cash refunds within 14 days (or 30 days when the funds are already paid to a vendor, as might be the case for a tour operator) when they cancel a service. In Illinois, the Travel Promotion Consumer Protection Act was created in the 1980s to safeguard against travel scams that promise too-good-to-be-true deals. California, with some of the strongest consumer protections in the country, requires cash refunds for undelivered services within 30 days from whichever date is earliest: the scheduled departure date, the date the refund is requested or the date the service was canceled by the travel company. (Mr. Anolik has a detailed breakdown of other state-by-state travel laws on his firm’s website.)
Updated July 7, 2020
The coronavirus can stay aloft for hours in tiny droplets in stagnant air, infecting people as they inhale, mounting scientific evidence suggests. This risk is highest in crowded indoor spaces with poor ventilation, and may help explain super-spreading events reported in meatpacking plants, churches and restaurants. It’s unclear how often the virus is spread via these tiny droplets, or aerosols, compared with larger droplets that are expelled when a sick person coughs or sneezes, or transmitted through contact with contaminated surfaces, said Linsey Marr, an aerosol expert at Virginia Tech. Aerosols are released even when a person without symptoms exhales, talks or sings, according to Dr. Marr and more than 200 other experts, who have outlined the evidence in an open letter to the World Health Organization.
Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.
Scientists around the country have tried to identify everyday materials that do a good job of filtering microscopic particles. In recent tests, HEPA furnace filters scored high, as did vacuum cleaner bags, fabric similar to flannel pajamas and those of 600-count pillowcases. Other materials tested included layered coffee filters and scarves and bandannas. These scored lower, but still captured a small percentage of particles.
A commentary published this month on the website of the British Journal of Sports Medicine points out that covering your face during exercise “comes with issues of potential breathing restriction and discomfort” and requires “balancing benefits versus possible adverse events.” Masks do alter exercise, says Cedric X. Bryant, the president and chief science officer of the American Council on Exercise, a nonprofit organization that funds exercise research and certifies fitness professionals. “In my personal experience,” he says, “heart rates are higher at the same relative intensity when you wear a mask.” Some people also could experience lightheadedness during familiar workouts while masked, says Len Kravitz, a professor of exercise science at the University of New Mexico.
The steroid, dexamethasone, is the first treatment shown to reduce mortality in severely ill patients, according to scientists in Britain. The drug appears to reduce inflammation caused by the immune system, protecting the tissues. In the study, dexamethasone reduced deaths of patients on ventilators by one-third, and deaths of patients on oxygen by one-fifth.
The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave.
So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement.
Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.
A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study.
If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)
If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.
Back to O. A. T.: In a follow-up note a few weeks ago, you said that you feel the company provides a “good travel service.” But, you wrote, “pushing all the risk of uncertainty onto the client by refusing a refund makes me fearful to ever do business with O.A.T. again.”Back to O. A. T.: In a follow-up note a few weeks ago, you said that you feel the company provides a “good travel service.” But, you wrote, “pushing all the risk of uncertainty onto the client by refusing a refund makes me fearful to ever do business with O.A.T. again.”
You raise an important point. Even though people can’t travel right now, many of us are continuing to dream about our next trip — and that means making conscious and subconscious decisions about which companies to spend money with once the pandemic has passed.You raise an important point. Even though people can’t travel right now, many of us are continuing to dream about our next trip — and that means making conscious and subconscious decisions about which companies to spend money with once the pandemic has passed.
Sarah Firshein is a Brooklyn-based travel writer. If you need advice about a best-laid travel plan that went awry, send an email to travel@nytimes.com.Sarah Firshein is a Brooklyn-based travel writer. If you need advice about a best-laid travel plan that went awry, send an email to travel@nytimes.com.
WE CAN DREAM ABOUT TRAVEL Follow New York Times Travel on Instagram, Twitter and Facebook. And sign up for our Travel Dispatch newsletter: Each week you’ll receive tips on traveling smarter, stories on hot destinations and access to photos from all over the world.WE CAN DREAM ABOUT TRAVEL Follow New York Times Travel on Instagram, Twitter and Facebook. And sign up for our Travel Dispatch newsletter: Each week you’ll receive tips on traveling smarter, stories on hot destinations and access to photos from all over the world.