Travel agents should disclose information about Zika virus
to their clients, but they should refrain from advising them to travel (or not
to travel) to a country where the virus is being actively transmitted, said Peter
Lobasso, ASTA’s general counsel.
“Disclosing the existence of the virus to those clients who
will or may be traveling to an affected area is the prudent course of action,”
Lobasso said during an ASTA webinar on Zika. “Reasonable minds can disagree as
to how widespread public knowledge of the Zika virus is, but the safer course
of action is to affirmatively disclose whatever information is known to
you.”
Lobasso said agents must disclose “all information known to
the agent that is material to the client’s travel plans” or they risk being
held liable for negligence should an issue arise. He defined “material” as
“information that, if known to the client, would be reasonably likely to
influence the traveler’s decision with respect of where or when to travel.”
There is an exception if the information is considered to be
“widespread, common knowledge,” he said.
Disclosing the virus’ presence in an
affected country is “particularly advisable” for any clients who are pregnant
or could become pregnant, Lobasso said. Zika is linked to birth defects in
babies whose mothers contracted the disease while pregnant.
The attorney also told agents that they shouldn’t recommend,
or not recommend, travel to affected areas. Instead, they should direct their
clients to the Centers for Disease Control and Prevention website.