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Legal Briefs

Home Opinions Legal Briefs

Mark Pestronk is a Washington-based lawyer with more than three decades of experience representing travel agencies and other travel companies in industry-related matters. Pestronk has been a legal columnist for Travel Weekly for 25 years. He is a popular speaker at travel industry-related meetings, seminars and conferences. Pestronk holds bachelor’s and master’s degrees in international relations from Johns Hopkins University and a law degree from Georgetown University and is a member of the bars of the District of Columbia and Virginia. Pestronk is also one of the top all-time money winners on the TV game show “Jeopardy.”

May 17, 2012
Cruise lines' parent within its rights with anti-rebating policy
Q: What business does the cruise line have telling us what to do with our commission? Is this policy legal? More»
May 10, 2012
Victims of medical tourism malpractice likely to sue agents
Q: A few clients asked if we would arrange travel in connection with medical procedures abroad. Are there risks involved? More»
May 03, 2012
Line invokes cabotage law for clients who missed the boat
Q: If it is legal to depart from and return to Fort Lauderdale, why would the Jones Act apply to a shortened cruise? More»
April 26, 2012
ARC not against supplying ICs with credit card charge forms
Q: Is it legal under the ARC agreement to distribute blank credit card charge forms to our contractors? More»
April 19, 2012
Even without Agility, Travelport finds ways to make users pay
Q: Has Travelport changed its standard contracts to facilitate payment for new features? More»
April 12, 2012
Independent contractor's credit card practices raise red flag
Q: One of our independent contractors has been engaging in a bizarre practice and we need to know if there is any risk to our agency involved. More»
April 05, 2012
Test determines if airlines' terms apply to corporate clients
Q: How can we know if airlines' terms and conditions apply to bookings via online booking tools such as Concur? More»
March 28, 2012
It's not tour seller's duty to accommodate disabled travelers
Q: If my agency organizes a tour for a senior citizens group, do we have to provide accommodations for disabled travelers? More»
March 21, 2012
Cruise lines aren't liable for crimes committed on excursions
Q: Is it true that a cruise line is liable for any losses or injuries to passengers that occurred on a shore excursion? More»
March 15, 2012
Hotel websites' terms can leave consumers without recourse
Q: I know travelers booking on the airlines' websites give up their consumer rights. What about booking on hotel sites? More»
March 08, 2012
Agreements with another agency would violate antitrust law
Q: Can a competitor and I legally agree not to solicit or hire each other's employees or to poach each other's clients? More»
February 29, 2012
Potential subcontractor probably qualifies as small business
Q: Our agency does about $25 million in annual sales. Does that qualify us as a small business? More»
February 23, 2012
DOT's full-fare rule applies to packages, group bookings, too
Q: I have a few questions about applying the DOT's full-price rule to sales of tours, cruises and all-inclusives. More»
February 16, 2012
Appeals case offers insight on term used in new DOT fare rule
Q: In the DOT's new "full-fare advertising rule," what does the term "quote" mean in the context of business travel? More»
February 09, 2012
Agency could be target in situations such as the Costa disaster
Q: If we had clients on the Costa Concordia who wanted to sue somebody, what are the odds that our agency would get sued? More»
February 02, 2012
New DOT rules will have unintended consequences for agents
Q: I have some questions about the DOT's new consumer-protection rules that went into effect last month. More»
January 26, 2012
Despite airlines' objections, full-fare ad rule likely here to stay
Q: Will the DOTs "full-fare advertising" rules go into effect automatically? What does it mean for travel agencies? More»
January 19, 2012
For IRS purposes, location, commission don't define an IC
Q: I want to hire an agent who will work from home on a commission-only basis. Can I classify the agent as an IC? More»
January 12, 2012
In most states, clients must be told of credit card info theft
Q: Are we legally required to notify clients of a break-in that may involve the theft of their personal information? More»
January 05, 2012
ARC requires a personal guaranty only in rare circumstances
Q: If my agency operates as a corporation or LLC, do I have to personally guarantee its obligations to ARC? More»

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5/23/2012
6th annual Tourism Human Resources Conference, sponsored by the Caribbean Tourism Organization
Barbados
5/30/2012
Successful Meetings event: SMU Colorado
Brown Palace & Grand Hyatt Denver, Denver
5/30/2012
HSMAI's MEET West
Anaheim (Calif.) Marriott
6/1/2012
Successful Meetings event: SMU Colorado
Brown Palace & Grand Hyatt Denver, Denver
6/3/2012
Global Spa & Wellness Summit
Aspen, Colo.
6/6/2012
Thailand Travel Mart
Impact Muang Thong Thani Exhibition Center, Bangkok

7/9/2012
Successful Meetings event: SMU Caribbean
Gran Melia Puerto Rico Golf Resort
8/8/2012
Successful Meetings event: SMU Florida
Rosen Shingle Creek, Orlando
8/15/2012
ACTE Asia Education Conference
Singapore
8/19/2012
Successful Meetings event: SMU Southeast
North Carolina
9/5/2012
TravelAge West webinar: Hawaii Travel Outlook, part 3
Online
9/5/2012
HSMAI's MEET National
Walter E. Washington (D.C.) Convention Center

9/6/2012
International Expo & Business LGBT Mexico
Cancun
10/1/2012
2012 Global Congress on Travel, focusing on legal, safety and security
Houston
10/3/2012
TravelAge West webinar: Hawaii Travel Outlook, part 4
Online
10/8/2012
2012 Adventure Travel World Summit
Lucerne, Switzerland

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Consumer media discover that travel agents do exist
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