Mark Pestronk
Q: My question deals with how to advise clients worried about coronavirus. I have read the guidance sent out by ASTA, my franchise and my host agency. They all say pretty much the same thing: Direct the client to the State Department and Centers for Disease Control and Prevention websites and state just the facts without giving any opinion. Well, that's not practical. First, if my client asks for my opinion and I decline to give it, I will sound like a witness invoking the Fifth Amendment, and my client will infer the worst. Second, I may lose the client forever, since the client comes to me for advice in the first place. Third, even if I don't lose the client, he may well want to cancel his upcoming trip. So what do I say?
A: If the client was not planning to go to China or other countries where outbreaks have occurred, feel free to encourage him to travel. I understand that a lot of Americans are avoiding all trips abroad, and that is just ridiculous.
You don't run any legal risks by giving such advice. If, later on, there is an outbreak of Covid-19 coronavirus in the client's destination country, your advice would still have been accurate when it was given, so you would have no liability.
As a matter of good client relations, you could later advise the client about the outbreak, but you have no legal duty to do so because a travel advisor's duty does not extend to warning about matters of general knowledge that have been given wide publicity.
My advice applies not only to land trips but also to cruises. Just because there was a virus outbreak on one cruise ship does not mean that anyone should avoid or cancel any of the thousands of other cruises that are not going to China.
Aside from the specific question that you're asking, I certainly agree with ASTA, franchises and hosts that you should keep up with the latest State Department and CDC advice, found here and here.
If your client is planning travel to China, then I would obviously advise your client not to travel. Since Jan. 30, the State Department has elevated China to a Level 4 status ("Do Not Travel"), and that applies to the entire country. Although it is arguable whether the whole country should be covered, it is a moot question, because you can't get to China now via any common carrier, as far as I know.
As of late February, you can book air travel to China after April. If your client asks you whether to do so, my advice would probably be the same, since it is likely that the warning will be extended.
Although you have no legal duty to advise about coronavirus, it is still a good idea to use a disclaimer stating that you have no special knowledge of health issues abroad and that the client should check the government websites for advice.
Sample disclaimers are here. Using them will help avoid meritless lawsuits.