travel agent law india

Laws Regulating Travel and Tour Services in India

The main laws and rules governing travel and tour services in india will be discussed in this article., the 2002 tourism act, the 2016 rules for air transport (licensing of air travel agents), the 1989 indian railways act, the 1988 motor vehicles act, the 2019 consumer protection act,, the foreign exchange management act of 1999, the 2017 gst (goods and services tax) act, law article in india, please drop your comments, you may like.

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Laws Regulating Travel & Tourism Services

• by Social Laws Today
• March 3, 2023
• 8 minutes read

Ankita Lode , a 3rd-year Law Student at Yeshwant Law College, Wardha has written this Article “Laws regulating Travel and Tourism Services in India”

Table of Contents

Introduction

India is a country that boasts a diverse range of cultural heritage and tourist attractions. Tourism is a crucial contributor to the Indian economy, and to ensure the safety and comfort of tourists, the Indian government has implemented various laws and regulations for the travel and tour services sector.

The Ministry of Tourism, Government of India, oversees the development and regulation of tourism in the country and has put in place regulations to ensure tourists have a smooth and enjoyable experience during their visit.

The Travel Agents Association of India (TAAI) is the primary organization representing travel agents in India, and it also collaborates closely with the Ministry of Tourism to promote tourism and safeguard the interests of tourists.

This article will discuss the laws and regulations governing travel and tour services in India.

Who provides travel and tour services?

Travel and tour services can be provided by a variety of entities, including:

• Travel Agencies: Private retailers or government services that sell travel and tourism-related services on behalf of lodging or travel suppliers.
• Tour Operators: Companies that specialize in offering packaged tours, which may include transportation, accommodations, and activities.
• Airlines: Airlines provide air travel services to various destinations worldwide.
• Hotels and Resorts: Accommodations services are provided by hotels and resorts that offer a range of amenities, from budget to luxury.
• Car Rental Companies: Companies that offer rental services for cars, trucks, and other vehicles.
• Cruise Lines: Companies that offer cruise ship services that travel to various destinations worldwide.
• Public Transportation Companies: Companies that offer services like buses, trains, and subways for local or regional travel.
• Travel Insurance Providers: Companies that offer various types of insurance to protect travellers from unexpected events like trip cancellations or medical emergencies.
• Destination Management Companies (DMCs): Companies that offer destination-specific services, such as local tours, guides, and activities.
• Online Travel Agencies (OTAs): Websites that offer a range of travel services, including flights, hotels, rental cars, and vacation packages.

Who governs these travel agencies?

Although there is no central legislation governing tourism services, the primary law that governs the travel and tourism industry in India is the Tourism Act, of 2002. This law was enacted to promote tourism in the country and to regulate and maintain the standard of services provided by the industry.

The Act establishes the Ministry of Tourism and provides for the constitution of the Tourism Advisory Board, which advises the government on matters related to the promotion and development of tourism.

In addition to the Tourism Act, there are several other laws and regulations that govern travel and tour services in India, including the Indian Contract Act, of 1872, which governs contracts between customers and travel service providers; the Consumer Protection Act, of 1986, which provides protection to consumers against unfair trade practices; and the Foreign Exchange Management Act, 1999, which regulates foreign exchange transactions related to travel and tourism.

Furthermore, the government of India has introduced various policies and schemes to promote tourism in the country, including the Swadesh Darshan scheme, which aims to develop and promote tourist circuits in the country, and the e-Visa scheme, which simplifies the visa application process for foreign tourists. Let’s take a look at some of the laws that regulate travel and tour services in India.

Currently, How travel and tourism services in India are regulated ?- Laws

• The Ministry of Tourism
• Indian Tourism Development Corporation (ITDC) Act, 1968
• Tourist Traffic (Regulation and Control) Act, 1978
• Air Transport Corporation Act, 1953
• The Consumer Protection Act

1.      The Ministry of Tourism

The Ministry of Tourism, Government of India, is responsible for the development and regulation of tourism in the country. The ministry formulates policies and programs for the promotion of tourism, and it also lays down guidelines and standards for the provision of tourist services. The ministry works in close coordination with various other government bodies and tourism-related organizations, such as the Travel Agents Association of India (TAAI) and the Indian Association of Tour Operators (IATO), to ensure the safety and comfort of tourists.

The National Tourism Policy, which was developed in 2002 for the growth and promotion of the tourism industry, also includes fundamental guidelines for preserving the interests of travellers and travel organizations. These principles include government-led, private-sector, and community welfare-focused initiatives (ii) sustainability, and (iii) designating a portion of the State Police to serve as the Tourist Police. As a result, the Ministry of Tourism has taken the following actions to protect the interests of travellers and travel businesses:

• The adoption of a code of behaviour for honourable and safe travel.
• The State Governments received funding from the central government to establish Tourism Facilitation and Security Organizations (TFSO) on a trial basis.
• In September 2014, guidelines on tourist safety and security were released for state governments and union territories, along with travel advice.
• The creation of a voluntary system for approving hotel projects and categorizing operational hotels under the Star System in light of their appropriateness for visitors from abroad.
• Development of an optional system for accrediting travel agencies, tour operators, and adventurers.

The ministry has also put in place various laws, regulations, and guidelines, including the Tourism Policy, of 2015, and the National Tourism Policy, of 2020, to promote tourism and safeguard the interests of tourists.

2.      Indian Tourism Development Corporation (ITDC) Act, 1968

The Indian Tourism Development Corporation (ITDC) Act, 1968, established the Indian Tourism Development Corporation (ITDC), which is a public sector undertaking responsible for promoting tourism in the country and for also providing tourist facilities and services.

The act provides for the constitution of a board of directors for the ITDC, which is responsible for the management of its affairs. The board is headed by a chairman appointed by the central government, and it includes representatives from various sectors, including tourism, finance, and also administration. The ITDC has several subsidiaries that provide a wide range of services to tourists, including hotel and restaurant services, transport services, and travel services. The ITDC also operates several hotels and resorts in various parts of the country.

The act empowers the ITDC to undertake various activities for the promotion of tourism in India, including the development of tourist infrastructure, the provision of tourist services, and also the conduct of research and surveys related to tourism.

3.      Tourist Traffic (Regulation and Control) Act, 1978

The Tourist Traffic (Regulation and Control) Act, of 1978, regulates the entry and exit of tourists into and out of India. Moreover, the Act provides for the registration of tour operators and travel agents and lays down the conditions for their registration.

Under the act, tour operators and travel agents are required to maintain records of their activities and submit regular reports to the central government. The act also empowers the central government to revoke the registration of any tour operator or travel agent who violates the provisions of the act.

The act provides for the establishment of a Tourist Police Organization, which is responsible for ensuring the safety and security of tourists in India. The Tourist Police Organization is also responsible for the enforcement of the provisions of the act.

The act also lays down the conditions for the entry and exit of tourists into and out of India. Tourists are required to obtain the necessary visas and travel documents before entering India, and they must comply with the conditions of their visas.

4.      Air Transport Corporation Act, 1953

The Air Transport Corporation Act, of 1953, established the Air India Corporation as a public sector undertaking responsible for providing air transport services in India and abroad. The act provides for the appointment of a board of directors for the Air India Corporation, which is responsible for the management of its affairs. The board is headed by a chairman appointed by the central government, and it also includes representatives from various sectors, including aviation, finance, and administration.

The Air India Corporation operates several domestic and international flights and provides a wide range of services to air passengers, including airport facilities, in-flight services, and baggage handling services.

The act empowers the central government to regulate air transport services and to make rules and regulations for the safe and efficient operation of air transport services.

5.  The Consumer Protection Act

In addition to the aforementioned, under the provisions of the Consumer Protection Act, a customer can file a complaint against any faulty goods or faulty services, including tourism services, in any Consumer Court, based on geographical and financial jurisdiction.

In conclusion, India has put in place various laws and regulations to govern the travel and tour services sector to ensure the safety and convenience of tourists. These laws include the Indian Tourism Development Corporation (ITDC) Act, the Tourist Traffic (Regulation and Control) Act, the Air Transport Corporation Act, and the Motor Vehicles Act.

These laws empower government bodies and various tourism-related organizations to provide a wide range of services to tourists, including hotel and restaurant services, transport services, and also travel services.

Moreover, the Ministry of Tourism works in close coordination with these organizations to promote tourism in the country and lay down guidelines and standards for the provision of tourist services.

These laws are essential in providing tourists with a safe and enjoyable experience and are crucial to the continued growth and development of the tourism industry in India.

• Law for Safeguarding the Rights of Tourists (pib.gov.in)
• https://www.thehindu.com/business/tourism-to-contribute-512-bn-to-indias-gdp-by-2028-says-taai- chief/article66468359.ece

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Laws regulating: Travel and Tour Services in India

This article on ‘ Laws regulating Travel and Tour Services in India ‘ was written by Pramod Sanap, an intern at Legal Upanishad.

Introduction

In this article, we will be discussing the laws which regulate travel and tour services in India. As we now understand it, the tourism business has a variety of sectors, destinations, visitors, and challenges. Visitors from all over the world flock to India to see its numerous beauties which are recognized as their tourist destinations. The good news is that applying for a tourist visa is rather straightforward. The unending list of legal criteria to satisfy is the bad news. The confusing nature of the Indian court system doesn’t help either.

Although tourism is not explicitly listed anywhere in India, it is included in the Union, Concurrent, and State lists. The union list includes topics like immigration regulations, aviation, historic sites and monuments, shipping, and highways; the concurrent list includes topics like wild animal and bird protection, forests, and so forth; and the state list includes topics like a domestic pilgrimage, theatres, and so forth. Many pieces of legislation have surfaced in relation to these challenges over time.

Laws Regulating the Travel and Tour Industry

The root of many tourism-related problems is the lack of any established norms controlling trade. Everyone would be able to determine if the services offered are acceptable after service quality standards have been set and are continuously modified in response to market needs.

What is Agency?

Perhaps no industry uses the term “agency” more than the tourism sector. However, the phrase is frequently misused and used to depict connections that the law would not actually regard to be those of an agency.

An agent is an individual who has been given permission to act on behalf of another person (the “principal”) in a way that has the potential to influence how the principal and a third party interact. In the travel business, the term “travel agent,” whether used online or in person, is very loosely defined and frequently used to refer to arrangements that go beyond the definition of an “agency.”

Is it necessary to register yourself as Travel Agent?

Although not required, registering as a travel agency recognized by the Government of India is beneficial and gives the travel agency recognition. The system for the recognition of travel agencies (TAs) aims to improve the level of service and quality in the travel and tourist sector. A travel agent must meet a few standards, including those relating to money invested, the number of personnel employed, the maintenance of minimum office space, and other conditions, in order to be recognized by the Government of India.

Furthermore, in order to become a Travel Agent recognized by the Government of India, an application must be submitted to the Ministry of Tourism in the manner specified.

In India, there are many laws that are either directly or indirectly related to tourism. Here are a few examples:

The Indian Forest Act, the Wildlife Protection Act, the Forest Conservation Act, the Air Prevention and Control of Pollution Act, the Environment Act, the National Environment Tribunal Act, the Coastal Zone Regulations, and other environmental laws are examples of those that are related to the environment.

For lodging, see The Sarais Act, the Department of Tourism’s regulations for classifying hotels, etc. For monuments, see The Ancient Monuments Act, the Archaeological Survey of India’s regulations, the Ministry of Culture’s guidelines, etc. The Indian Penal Code, the Consumer Protection Act, the Prevention of Food Adulteration Act, and other laws protect tourists’ health and safety.

Similarly, to this, there are several laws, rules, and regulations that govern the transportation sector. These rules and laws, though, differ between states. State-by-state variations include the taxation of tourist coaches, their permission charge, etc.

Ethical Practices:

The travel business has become increasingly specialized, and the typical traveler relies on a knowledgeable travel agent to provide sensible advice. The principals who designate travel companies to serve them rely on these approved agents to uphold the highest standards of ethical behaviour and salesmanship. Travel agents must follow procedural fairness and ethical principles due to the rising number of them and the scope of their services. TAAI has also been acknowledged as the voice of the Indian travel and tourism sector and stands for everything that is dynamic, professional, and ethical in our country’s travel-related activities.

It is also important to note that the travel agency cannot use unfair and unjust practices against the consumer even though there is a lack of regulation regarding the tour and travel industry still the consumer law would protect the consumer against such unfair and unjust practices of the travel agency.

The requirements must be met: the agency’s capital must be at a minimum of Rs. 3.00 lakh. Along with audited banking statements, a declaration from the Chartered Accountant outlining the agency’s capital investment is needed.

The organization must be authorized by the International Air Transport Association (IATA) or be a General or Passenger Sales agent for a carrier that has been so authorized. The organization was required for it to have been in existence for a minimum of a year prior to applying. The company’s office must be organized, maintained, and tidy in India. The workplace should be at least 100 square feet in regions greater than 1000 meters above sea level.

As we now understand it, the tourism business has a variety of sectors, destinations, visitors, and challenges. Visitors from all over the world flock to India to see its numerous beauties which are recognized as tourist destinations. There is a lack of regulation regarding the tour and travel industry in India despite this many other laws such as Consumer protection and others in a sense try to regulate the industry.

The government of India does provide for the registration of travel agents but it is not necessary even though when one registers for this there is a need for such a person to maintain certain standards related to the industry.

References:

• Code of Ethics; available at: https://www.travelagentsofindia.com/code-ethics.php , (last visited on 14 February 2023).
• What is the law of travel agency and what do you need to know?; available at: https://www.lexology.com/library/detail.aspx?g=4ba97b84-e349-40b7-b413-d714b778b75d , (last visited on 14 February 2023).
• How To Become A Licensed Travel Agent In India?; available at: https://vakilsearch.com/blog/licensed-travel-agent-in-india/ , (last visited on 14 February 2023).

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India’s Travel Tax Rules Keep Changing — and It’s Hurting Domestic Companies

Peden Doma Bhutia , Skift

July 13th, 2023 at 11:55 PM EDT

The Indian government has introduced a layer of complexity and confusion for travel companies in the country.

Peden Doma Bhutia

In the past five months in India, there have been four announcements from the government regarding taxes for international tour packages — each completely different, none clearly stated.

It’s wreaking havoc on India’s travel industry as the country is emerging as a major source of outbound travel.

February 2023: The Indian government announces that on July 1 it would be raising the tax collected for international tour packages bought from an Indian tour operator to 20% from the earlier 5%.

That means if an Indian traveler books a foreign tour package to Italy for Rs 200,000 ($2,500) through an Indian travel agent or an online travel agency in the country, there would be a tax of Rs 40,000 ($500).

May 2023: The finance ministry announces that if one chooses to pay for a tour package offered by international websites using an international debit or credit card, no tax would be imposed as long as the payments remain below Rs 700,00 ($8,500).

June 2023: Overseas transactions through international credit cards will not be subjected to tax for now , except for overseas tour program packages, which would continue to incur 5% tax. This is valid for all modes of payment regardless of the purpose.

June 2023: The government “suspends” its tax decision days before July 1 and says new rates would kick in from October 1.

The flip-flops have left the industry frustrated and confused. Skift spoke to several India-based travel companies to better understand the concern of the new tax policy.

Mahendra Vakharia, the managing director of Pathfinders Holidays, described the frequent changes as “amateurish” and “poorly executed.”

The complexity of the travel and tour industry, with its various booking and payment modes, makes it difficult to impose a blanket 20% tax, said Vakharia.

Isha Goyal, CEO of STIC Travel Group, considers these policy changes an inconvenience for small and medium-sized travel companies trying to expand their outbound travel business.

The ambiguity in tax policies has made it challenging for businesses to effectively plan their operations, according to Rikant Pittie, co-founder of EaseMyTrip. However, Pittie is relieved that with every new development, the policies are being relaxed.

How Does This Render Indian Companies Non-Competitive?

It’s not just about the inconvenience: The taxes put Indian travel companies at a disadvantage to international operators.

The proposed increased tax on overseas travel deters holiday-goers, family visitors, and entrepreneurs from traveling. For individuals relying on monthly income, the 20% tax credit, which they can later claim in their tax return given at the end of the year, does little to alleviate the immediate cash flow challenges.

Furthermore, the unequal imposition of taxes affects Indian travel companies in another way. By implementing the tax for Indian tour operators, travel agents and overseas credit card payments, the policy encourages travelers to book with international companies.

“Such a regressive step goes against the Make In India policy,” said Vakharia, a reference to the prime minister’s Make In India mantra. “It seems illogical to impose a 20% tax on international travel when luxury cars attract only a 1% tax.”

Goyal said it not only hurts small local entrepreneurs and businesses, but also leads to potential revenue losses as overseas bookings increase through international credit cards and prepaid foreign exchange cards.

Rohan Mittal, chief financial officer of Yatra Online, thinks the government should ensure fair competition between Indian travel companies and international aggregators by bringing foreign companies under the same tax rules.

Vishal Suri, the managing director of SOTC Travel, supports this idea and suggests implementing revised credit card guidelines to ensure fairness for India-based travel companies.

Goyal further emphasized the need for a consistent ruling applicable to all payment channels and modes, rather than staggering or selectively defining inclusions and exclusions.

The TCS imposition has caused mixed reactions within the industry. Some smaller leisure-focused agents are shifting their focus to domestic and regional packages to mitigate risks.

However, larger group operators remain confident in the demand for overseas travel, believing that the India outbound growth story will continue to thrive despite the challenges posed by the international travel tax.

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Tags: asia monthly , holiday packages , india , taxes , tour operators , tourism tax , travel agents , yatra

Photo credit: The new tax rates for international travel would kick in from October 1. kitzcorner / Getty Images

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Everything you need to know about india’s travel and tourism laws.

Everything you need to know about India’s Travel and Tourism laws

Introduction  .

India is a storied, age-old country with a vibrant past, history, and traditions. It is not surprising that there are more visitors coming to India every day because the country’s aesthetic worth and scenic beauty have become a significant part of its identity.

Often, blissfully pleasant travel is accompanied with a lack of familiarity with local laws. On the other hand, the Indian judicial system is cumbersome and ineffective. It’s not worthwhile to interfere with what was supposed to be a leisurely and delightful journey. 

More on Travel Laws

https://nomadlawyer.org/category/travel-laws/

Travel and Tourism 

The travel and tourist industry includes a broad range of business activities, including travel, lodging, entertainment, food service, and retail sales. This well-established sector of the American economy contributes 2.9% of the nation’s GDP and directly employs 5.7 million people. Even though employment and real output in the travel and tourism sector have increased recently, they have not fully recovered from the recession of 2007–2009. In light of this, Congress will think about renewing or extending the Travel Promotion Act of 2009, which started a national advertising and marketing campaign to entice foreign visitors to visit the US. The international travel and tourism sector expanded to become a substantial source of income for many nations in the years following World War II. The WTTC estimates that more than 100 million jobs were directly supported by international travel and tourism in 2012, and that number is projected to increase to 125 million by 2023. There is a fierce international competition for tourism. The main tourist destinations in the globe in 1980 were Europe and North America, which accounted for more than 80% of the global market.

Numerous studies on the specific subject of tourist activities have been conducted over the past few decades, with a focus on the internal dynamics of tourism. Though it is still in its early stages, legal scientific research is being done on the nature of tourism control. The daily operations of their business as well as the legal aspects of hospitality and tourism management as a whole must be understood by managers of companies in the hospitality and tourism industries.

The Need of Tourism Laws

The main objective of tourism law, which is supported by the United Nations World Tourism Organization, is to establish a legal framework for the proper use, development, and management of tourist activities (UNWTO). Basically, the legislation’s presence will contribute to the protection of natural resources as well as the preservation of cultural traditions, among other social, political, and economic advantages. In addition, passengers and other parties involved may gain from fundamental legal protection through open procedures. Popular nations in the industry are currently fighting to monitor and put into place realistic laws to preserve tourism activities and secure benefits obtained from them. Tourism law is a distinct area of law that combines fundamental legal principles with regulations specific to the tourism and hospitality sectors.

According to American legal policy, the purpose of travel laws is to offer a framework for the proper development and management of tourist activities. State, federal, and international laws are blended together to create the tourist laws that control various aspects and activities of the industry. For instance, travel legislation may cover anything from employment to community health standards for the hospitality industry. The main objective of tourism legislation is to provide a fair and equitable environment for tourists and travel agencies. For instance, when it comes to the goods and services offered, as well as situations where regulations are in place to ensure restaurants serve safe food and have safe premises, tourist legislation is put into action.

The Travel Law 

While international law of travel refers to the rules, procedures, agreements, and treaties that regulate international travel, the law of travel or travel law refers to the regulations that govern both corporate and individual behavior in the travel sector. Since it may be necessary to file a claim in a foreign country, travel law is a rather specialized area of law that may be particularly fascinating. It deals with a variety of issues, including international accident lawsuits, contractual recovery procedures against foreign suppliers, package travel rules, and compliance with international and national legislation. The goal, according to the online Lawrina.com website, is to advance legal doctrines including public law, tort law, trust law, employment law, and contract law while also directing international travel law. International travel law offers a complete set of regulations for the travel sector by including contract law, employment law, tourist and hospitality standards, antitrust limits, regulatory and agency compliance, and understanding of specific international accords and treaties.

Tourism Laws in India 

Fortunately, whether you are a foreign visitor or just passing through, Indian law is clear on the bulk of tourist rules. They are all the same, including:

In India, women have the option to decline being driven to the police station by a male officer. According to the Code of Criminal Procedure, they might also refuse to go to the police station between the hours of 6 and 6 o’clock (CrPC). It is not necessary to personally visit the police station in order to make a complaint. She may easily submit a complaint by mail or e-mail after finding the address of the neighborhood police station online. Women can also email the National Commission of Women at [email protected] with their complaints.

The Indian Penal Code (IPC) offers a lot of room for interpretation when it comes to the rules regarding open displays of affection. Even holding hands in public is frowned upon in other places, where it is acceptable to embrace or make out. Examining the environment is a smart move before starting any such endeavor.

According to Section 268 of the Indian Penal Code , a “public nuisance” is any unlawful act that results in a common damage, danger, or annoyance to the public or to individuals in general. According to this definition, loud music and noises, public drunkenness, property damage, and nudity are all examples of “public nuisances.”

Despite how alluring it may appear, it is illegal to photograph or video a number of tourist attractions, temples, government areas, and the like. Put your binoculars away in crowded areas like railway stations and airports. 

Various states in India have different laws regarding the consumption of alcohol. Alcohol may not be consumed on days that have political or religious importance or in the run-up to an election.

Alcohol is not allowed in several states, like Gujarat and Bihar, during the entire year. A permission may be necessary for this. Transporting alcohol across states is usually forbidden as a result of the variations in state alcohol laws. The use of drugs is officially forbidden across the nation, and those who do so risk fines or jail terms of six months to 10 years.

Any antiques that are bought or moved between places need to be registered with the local police and come with a picture.

There are typically three rules that must be observed when foreigners visit India: The Foreigners Registration Act of 1939 and the Passport (Entry into India) Act of 1920 Moreover, the 1946 Foreigners Act.

While mastery of these actions is not necessary, some formalities must be observed:

Every foreigner must register at the Foreigner Regional Registration Office after 14 days, unless his visa stipulates otherwise (or 24 hours in the case of a tourist from Pakistan). This is possible right there in the airport. Less than 180 day stays by foreign tourists are exempt from registration.

According to Section 14 of the Registration of Foreigners Act, a foreign person must identify himself or herself, state their nationality, provide their identification papers, such as passports and ID cards, and sign a form at the hotel or guesthouse where they are staying. Within 24 hours of the aforementioned arrival, the hotel or guest home administration must contact the police.

In order to stay at a hotel, visa holders must also retain copies of Forms C and F from the Registration of Foreigners Act. These may be downloaded from the internet or obtained from the Foreigners Registration Office.

Foreign nationalists must acquire a permit from the appropriate government in order to access areas that have been classified as protected or restricted. A convincing reason for needing to visit the designated areas must be submitted with the request for such authorization, which must be filed at least eight weeks in advance.

Foreign visitors are required to keep their passports on them at all times. They must have an international driver’s license if they decide to drive while travelling, as well as a two-wheeler license and a Helmet. 

Foreign nationalists must be at a specified location, like Goa’s Nude Beach, to engage in public nudity.

For any cash, banknotes, or traveler’s checks worth more than $1,000 USD or its equivalent, the Currency Declaration Form must be completed. This currency may only be converted into Indian rupees at banks and other authorized money exchangers.

There are two check-in desks at the airport where travelers may check in. The Green Channel is open to those without dutiable articles or unaccompanied luggage, whereas the Red Channel is required for everyone else. If a passenger is found in the Green Channel with dutiable or prohibited items, he may be fined or prosecuted in addition to having the goods seized.

Visitors from nations with an active case of yellow fever must possess a Yellow Fever Vaccination Certificate that complies with international health standards before entering the nation.

Although these regulations were put in place to provide visitors a perfect experience, I think the government and the relevant authorities should do more. Because not all tourists are completely aware of their rights and obligations, there should be a tourist hotline number.

The government should discourage tourist organizations that are not recognized by the government to prevent them from defrauding naïve visitors.

Along with offering a stress-free vacation, these actions and others will also actively encourage travel to the nation.

Conclusion 

Rules and regulations are closely related to both tourism and hospitality. It contributes to ensuring a decent and equal workplace for both industry workers and tourists. Because business owners must understand it as well in order to avoid a lawsuit or penalties.

Contributed by Sanal Pillai

Edited by Imtiaz Ullah

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Scope of Agent’s Authority in Dealings with Third Parties: Revisiting the Debate Through the Tax Prism

by Tarun Jain† Cite as: 2022 SCC OnLine Blog Exp 85

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1. Introduction

The principles governing principal-agent relationship are now firmly established and well known, so much so that the law of agency has unequivocally ingrained itself in the commercial world. The axiomatic principles emanating therefrom are pivotal to ascertain legal consequences in wide-ranging tripartite situations, overwhelmingly extending their influence to entail tax implications as well. A recent decision of the Supreme Court has revisited the consequences of agency relationship qua the transactions between agent and third parties in the context of income tax law. It addresses an interesting issue; whether an agent can claim that the transaction (or a part of it) between it and the third party is an independent transaction even if it is occasioned on account of its agency relationship with the principal? This article dissects this decision to set in context the crucial interlinkage between agency law and tax law.

2. Dispute before the Supreme Court

The dispute before the Supreme Court arose in Singapore Airlines Ltd. v. CIT 1 . The relationship between travel agents and airlines was the centre-stage of dispute before the Supreme Court. The issue arose in view of the income tax obligation of the airlines to deduct tax at source (TDS) under Section 194-H 2 on the commission payable by them to the travel agents towards booking of tickets. In view of the peculiar position of the airline industry, there was two commissions received by the travel agent, which are referred to as “standard commission” and “supplementary commission”.

The occasion for these commissions arose owing to the airline setting up a base price for sale of tickets and permitting the travel agent to sell the tickets at a higher price. The standard commission was paid by the airlines for each ticket sold by the travel agent, calculated at 7% of the ticket base price. The excess of amount collected by the travel agent from the customer (i.e. amount in excess of the base ticket price) was permitted to be retained by the travel agent in terms of the airline policy. This excess amount is referred as the supplementary commission. The transaction flow can be illustrated as under:

The airline was affecting TDS on the standard commission it paid to the travel agents. However, it was argued that supplementary commission was not subject to TDS as inter alia the supplementary commission was not paid by the airline and was the travel agents’ own income. There was a cleavage of judicial opinion amongst the High Courts as to supplementary commission being subject to TDS. The Delhi High Court 3 and Madras High Court 4 had opined against the airlines whereas the Bombay High Court 5 concluded in its favour holding that TDS was not applicable on the supplementary commission. In this background, the issue came up for consideration before the Supreme Court.

3. Decision of the Supreme Court

The Supreme Court in its decision in Singapore Airlines 6 has extensively examined the industry practice prevailing in the airline industry and the manner in which travel agents earned their remuneration. It is interesting to note that in order to delineate the legal positioning of the travel agents within the airline industry, the decision opined upon the purport of relationship set out in Section 194-H to observe that it is principally concerned with principal-agency relationship. Taking cue from the expression “acting on behalf of” in the provision, the Supreme Court concluded that the nature of the relationship envisaged in Section 194-H was “interlinked” with the law of agency as expounded in the Law of Contract . 7 Thus, to address the controversy, it was required to determine “whether the travel agents were ‘acting on behalf of’ the airlines during the process of selling flight tickets”, which question would in turn have a substantial bearing on the nature of the supplementary commission.

Dissecting the relationship, at a conceptual level, the Supreme Court found it incongruent that the airlines did “not dispute that a principal-agent relationship existed during the payment of the standard commission” and yet they contended against a principal-agent relationship for the “second part of the transaction i.e. when the tickets were sold to the customer and for which the travel agents earned certain amounts over and above the net fare set by the” airlines. To address the dichotomy, the Supreme Court took recourse to its earlier precedents delineating the distinction between principal-agent versus master-servant relationship 8 and contract of agency versus contract of sale 9 to declare that the determination of the relationship was hinged upon determining the manner in which the title to the tickets passed from the airline and reached the customers. To this end, the Supreme Court framed the following three mixed questions of law and facts which required advertence;

“From the catena of cases elaborating on the characteristics of a contract of agency, the following indicators can be used to determine whether there is some merit in the (airlines) contentions on the bifurcation of the transaction into two parts:

Firstly, whether title in the tickets, at any point, passed from the (airline) to the travel agents;

Secondly, whether the sale of the flight documents by the latter was done under the pretext of them being the property of the agents themselves, or of the airlines;

Thirdly, whether the airline or the travel agent was liable for any breaches of the terms and conditions in the tickets, and for failure to fulfil the contractual rights that accrued to the consumer who purchased them.”

In effect, therefore, as evident from the aforesaid questions, the Supreme Court applied the test of transfer of title to determine the nature of relationship between the airlines and travel agents. It is evident that the travel agent would have been acting in the capacity of principal if the title in the tickets passed from the airlines to the travel agent and thereafter from travel agent to the customers whereas the travel agent would be acting in agency capacity if the title directly pass from the airline to the customers.

Upon a perusal of the contract between the airlines and the travel agent, the Supreme Court inter alia took note of an undisputed stipulations in the agreement between the airlines and the travel agents that the travel documents “… are and remain the sole property of the carrier … until duly issued and delivered pursuant to a transaction under this agreement”, which unequivocally clinched the matter as it implied that at no stage the title in the tickets, transferred from the airlines to the travel agent and the tickets remained the property of the airline. On this premise, the Supreme Court unhesitatingly concluded that “[n]o contract of sale between two principals was ever in existence” between the airlines and the travel agent. This effectively foreclosed the contention that the travel agent was acting as a principal with the customer qua the supplementary commission.

However, the Supreme Court did not rest it conclusion only on this ground. In its decision it further went on to exemplify from other contractual stipulations that several elements of a contract of agency stood satisfied. It inter alia highlighted the following: (A) “Every action taken by the travel agents is on behalf of the air carriers and the services they provide is with express prior authorisation. The airline also indemnifies the travel agent for any shortcoming in the actual services of transportation, and any connected ancillary services, as it is the former that actually retains title over the travel documents and is responsible for the actual services provided to the final customer.” (B) “Furthermore, the airline has the responsibility to provide full and final compensation to the travel agent for the acts it carries out under the” agreement. Thus, the Supreme Court found enough substance in the agreement that the travel agent acted on behalf of the airlines at all times, rendering the airlines liable for all their acts and thereby firmly establishing the agency relationship between them on all counts without exception of the supplementary commission.

As regards the application of the TDS provisions on the supplementary commission, the following observations of the Supreme Court are pertinent;

Section 194-H “does not distinguish between direct and indirect payments. Both fall under Explanation ( i ) to the provision in classifying what may be called a ‘commission'”.

In this wake of the statutory scheme, “the factum of the exact source of the payment would be of no consequence to the requirement of deducting TDS. Even on an indirect payment stemming from the consumer, the (airlines) would remain liable under the IT Act. Consequently, the contention of the airlines regarding the point of origination for the amounts does not impair the applicability of Section 194-H of the IT Act”.

How the airline would appraise itself of the exact quantum of supplementary commission earned by the travel agent from the customer, so as to determine the quantum of TDS, is a question of “mechanics” which must be figured out by the airline in order to discharge its TDS obligation.

“Further, the lack of control that the airlines have over the actual fare charged by the travel agents over and above the net fare, cannot form the legal basis for the (airlines) to avoid their liability” because “an agent undoubtedly retains a sizeable level of discretion on how to achieve the desired results”. 10

For the aforesaid reasons, the Supreme Court confirmed the decision of the Delhi High Court to the effect that the airlines were obliged to apply TDS even on the supplementary commission earned by the travel agents by way of retaining the amounts directly from the customers.

4. Implications of the decision qua scope of TDS provisions

There is a clear finding by the Supreme Court linking the TDS obligation under Section 194-H to the law of agency. 11 This has substantial bearing on large number of pending disputes. It would be interesting to observe the application of this decision wherein it has been inter alia contended that there is no payment by the alleged principal, even if there is payment, it is not in the nature of the commission. An indiscriminate application of the principle 12 that Section 194-H is based on agency relationship (and other related observations in this decision) is likely to render academic all such contentions.

From another angle, the implications of the decision are far beyond Section 194-H. From a TDS perspective, the key takeaway from this decision is that it is not necessary for the TDS provisions to apply that the funds flow directly from the pay or to the receiver; the TDS obligation nonetheless continues to exist even if the flow of funds to the receiver is from third parties if the flow can be traced to the transaction which is subjected to TDS. On this account, it would be difficult to restrain the ratio of this decision as being confined to Section 194-H alone and arguably the Tax Department can be expected to stretch the proposition emanating from this case to all TDS situations.

5. Reflections on agent’s authority to act independently

Notwithstanding the fact that the decision is the context of tax law, it has wide ramifications even within the realm of the law of agency. One can contend that the decision establishes the proposition that the law of agency does not accommodate dissection of agent’s acts so as to classify some of its actions as if on principal-to-principal basis with third parties while continuing to act as an agent of the main principal. The reference by the Supreme Court to the decision in Bhopal Sugar Industries 13 and opining that there were no two principals is clearly testament to the fact that the first transaction (i.e. between the airline and the travel agent) qualifying as an agency would, as if by default, rule out the principal-to-principal status of the second transaction and the second transaction would invariably be an extension of the principal-agency relationship under the first transaction. Put differently, this decision of the Supreme Court arguably institutes the proposition that an agent cannot generally be considered as acting on a principal basis himself with third parties once his dealing with such parties are in pursuance of an agency relationship with the principal.

A lot also turns of the following observations of the Supreme Court are instructive;

47 . The fact that the travel agent has discretion to set an actual fare which is above the net fare has no effect on the nature of the relationship between the parties. A contract of agency permits an agent to carry out acts on its own volition provided it does not contravene the purpose of the agency contract and the interests of the principal. The accretion of the supplementary commission to the travel agents is an accessory to the actual principal-agent relationship under the PSA. In such a commercial arrangement, the benefit gained by an agent is incidental to and has a reasonably close nexus with the responsibilities that were entrusted to it by the principal air carrier. Such incidental benefits or actions must come under the ambit of the relationship, subject to any express limitations articulated in the contract itself or under the Contract Act.

The aforesaid observations go a long way in establishing the scope of agency itself. The fact that consideration for agency can flow from third parties directly the agent (as the supplementary commission reveals) is now firmly established. The decision also establishes that once the obligation of the principal continues qua third parties, it would be difficult to conclude that agency relationship does not exist notwithstanding the incidental aspects. Indeed, the Supreme Court referred to the provisions of the Contract Act which deal with “right of principal when agent deals, on his own account, in business of agency without principal’s consent” 14 and “principal’s right to benefit gained by agent dealing on his own account in business of agency” 15 . However, the Supreme Court found these provisions inapplicable in the factual premise as the agreement between the airline and the travel agents “does not explicitly address the issue of supplementary commission at all”. More critically, the Supreme Court observed, “an agent acting of its own account does not, in principle, alter the nature of a contract of agency and only gives rise to the consequences mentioned under Sections 215 and 216 of the Contract Act if the conditions contained within them exist”.

Taken to their logical end, this decision endorses the legal position that the fact that the agent reserves for himself sufficient latitude to determine the terms of engagement with third parties does not transform the nature of its relationship with the principal. The legal difference between the authority of an agent vis-à-vis a servant clearly expounds that agent’s dealings with third parties accommodate an agent to carry out “acts on its own volition”. A caveat does exist that such acts should “not contravene the purpose of the agency contract and the interests of the principal”. However, pragmatically, such caveat would play out only where the principal refuses to “condone” the alleged transgressions of the agent. Thus, in practical terms, the following legal position can be considered to arise from the decision:

So long as the principal accommodates/ratifies the acts of the agent, it would be difficult to conclude that the transactions of the agent with third parties are beyond the scope of agency notwithstanding that the agent has not been expressly authorised to certain ends or the fact, as in this case, that the agent has negotiated the price with the customer and retained a part of the price for itself;

Even if the principal disagrees with the acts of the agents, in view of Sections 215 and 216, at best the principal can sue the agent for share in the additional benefit of the agent (Section 216) or get the agency agreement terminated (Section 215). However, even in wake of such empowerment of the principal, there is nothing in the law which “alter the nature of a contract of agency” in situations of an agent acting of its own account.

The decision, therefore, undoubtedly establishes a wide latitude for agents to act independently within the larger framework of the agency agreement with the principal. Viewed differently, the decision categorically expounds upon the agent’s ability to deal with third parties within the larger framework of the agency relationship.

6. Conclusion

There are few contemporary decisions of the Supreme Court addressing the scope of agent’s authority qua third parties. On this count, the decision is a welcome addition on the jurisprudence as it fine tunes the legal framework to address the pragmatic commercial realities by declaring that it is wide to subsume almost all acts of the agent and dealings with third parties subject perhaps only to the larger guiding factors of ( a ) purpose of agency, and ( b ) interests of the principal, and obviously, the overarching statutory framework. This decision of the Supreme Court, albeit in the context of tax law, thus, effectively delineates the wide empowerment of an agent and the contours of the agency relationship extending to his transactions with third parties.

The aforesaid summation of the decision, in the larger context of agency law, is admittedly in addition to the ratio of the decision which is to the effect that ( i ) an agent continues to act in the capacity of the agent even if he is empowered to negotiate the price with the customer and retain a portion of it for itself; ( ii ) and all remuneration received by the agent would be subject to tax deduction by the principal even if part of the remuneration does not directly flow from the principal to the agent and is instead received by the agent by retaining a part of the amount received from the customer.

† Tarun Jain, Advocate, Supreme Court of India; LLM (Taxation), London School of Economics

1. 2022 SCC Online SC 1588 .

2. S. 194-H, Income Tax Act, 1961. The said provision inter alia obliges TDS by the payer on “any income by way of commission” wherein “commission or brokerage includes any payment received or receivable, directly or indirectly, by a person acting on behalf of another person for services rendered (not being professional services) or for any services in the course of buying or selling of goods or in relation to any transaction relating to any asset, valuable article or thing, not being securities”.

3. CIT v. Singapore Airlines Ltd. , 2009 SCC OnLine Del 823 .

4. Around the World Travel and Tours (P) Ltd. v. Union of India , 2003 SCC Online Mad 1027 .

5. CIT v. Qatar Airways , 2009 SCC Online Bom 2179 .

6. 2022 SCC Online SC 1588 .

7. Contract Act, 1872, S. 182. It states, “an ‘agent’ is a person employed to do any act for another, or to represent another in dealings with third persons. The person for whom such act is done, or who is so represented, is called the ‘principal’.”

8. Lakshminarayan Ram Gopal and Son Ltd. v. Govt. of Hyderabad , AIR 1954 SC 364 .

9. Gordon Woodroffe and Co. (Madras) Ltd. v. Shaik M.A. Majid , AIR 1967 SC 181 : 1966 Supp SCR 1; Khedut Sahakari Ginning and Pressing Society Ltd. v. State of Gujarat , (1971) 3 SCC 480 ; Bhopal Sugar Industries Ltd. v. STO , (1977) 3 SCC 147 .

10. Relying upon Lakshminarayan Ram Gopal , AIR 1954 SC 364 and Qamar Shaffi Tyabji v. Commr., Excess Profits Tax , AIR 1960 SC 1269 : (1960) 3 SCR 546.

11. “S. 194-H is to be read with S. 182 of the Contract Act. If a relationship between two parties as culled out from their intentions as manifested in the terms of the contract between them indicate the existence of a principal-agent relationship as defined under S. 182 of the Contract Act, then the definition of “commission” under S. 194-H of the IT Act stands attracted and the requirement to deduct TDS arises.”

12. Read alongside the earlier decision of the Supreme Court in Director , Prasar Bharati v. CIT , (2018) 7 SCC 800 which is cited with approval in this decision.

13. Bhopal Sugar Industries Ltd. v. STO , (1977) 3 SCC 147 . It is relevant to note that the Supreme Court in this decision inter alia quoted with approval the following observations in Bhopal Sugar Industries decision; “A contract of agency, however, differs essentially from a contract of sale inasmuch as an agent after taking delivery of the property does not sell it as his own property but sells the same as the property of the principal and under his instructions and directions. Furthermore, since the agent is not the owner of the goods, if any loss is suffered by the agent he is to be indemnified by the principal. This is yet another dominant factor which distinguishes an agent from a buyer pure and simple.”

14. “215. Right of principal when agent deals, on his own account, in business of agency without principal’s consent. If an agent deals on his own account in the business of the agency, without first obtaining the consent of his principal and acquainting him with all material circumstances which have come to his own knowledge on the subject, the principal may repudiate the transaction, if the case shows, either that any material fact has been dishonestly concealed from him by the agent, or that the dealings of the agent have been disadvantageous to him.”

15. “216. Principal’s right to benefit gained by agent dealing on his own account in business of agency. If an agent, without the knowledge of his principal, deals in the business of the agency on his own account instead of on account of his principal, the principal is entitled to claim from the agent any benefit which may have resulted to him from the transaction.”

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How To Become A Licensed Travel Agent In India?

One of India's major industries and a significant source of new jobs is the travel and tourism sector, also referred to as tour operators and agencies. Over 10,500 start-ups are expected to have been founded by 2020, which indicates that the number of new businesses and start-ups in India is increasing rapidly. This faster growth rate will have a significant positive impact on the travel and tourism industry, which is predicted to contribute more than $11,512.9 billion to our GDP by 2027. As a result, everyone in this area anticipates a promising future in the coming 10 to 20 years. It's time to dive deep into license details for a travel agent!

Who is a travel agent.

As per the laws, a Licensed Travel Agent is any individual or organization who helps make arrangements related to:

• Tickets for travel whether it be via rail, road, air, or waterways,
• Accommodation around the country or abroad
• Customized tour and entertainment packages
• Any tourism-related services. 

Travel agent employment is anticipated to grow by 5% between 2020 and 2030, which is slower than the average for all occupations. Over the next 10 years, there are expected to be, on average, 7,500 new jobs for travel agents, despite the modest growth in employment. The majority of those openings are anticipated to be caused by the need to replace workers who change careers or leave the workforce due to retirement.

Governmental Acknowledgment

The Additional Director-General of the Ministry of Tourism must recognize the person in order for them to be a legitimate agent in India, and this recognition is initially good for five years. Before receiving this recognition, an inspection and preliminary report must be submitted and reviewed by the relevant Regional Director and five-person TAAI team. To have the recognition renewed or extended after the initial period, a request must be made.

Following the submission of the request, the relevant Regional Director and one TAAI member will review the supporting documentation before extending the recognition for an additional 5 years. Before processing the renewal, the Travel Trade Division will also review the submitted documents. The entire process will be finished in about 60 working days.

Business Entity Choices for Travel Agency:

Selecting the appropriate business entity is a critical decision for a travel agency, as it determines legal and financial implications. Sole proprietorship, partnership, Limited Liability Partnership (LLP), and private limited company are common choices. A sole proprietorship offers simplicity but lacks legal separation from the owner, while partnerships involve shared responsibility. LLP combines limited liability with a partnership structure, and a private limited company provides a separate legal identity with limited liability. Consider factors like ownership structure, liability, and scalability when making this crucial decision.

GST Registration for the Travel Business:

GST registration is mandatory for travel businesses operating in India. This process involves visiting the GST portal, providing essential details, and completing the verification process. GST registration streamlines tax compliance, allowing travel agencies to avail of input tax credits. Compliance with GST regulations is vital to avoid penalties and ensure the smooth operation of a travel business.

GST Payable by Air Travel Agent:

Air travel agents are required to pay Goods and Services Tax (GST) on their services. The applicable GST rate varies based on the type of travel service and the class of accommodation. Compliance with GST regulations is crucial for air travel agents to avoid legal issues and financial penalties. Understanding the specific GST liabilities associated with air travel services ensures the seamless functioning of the travel agency.

Trademark Required for the Travel Business:

Securing a trademark is a crucial step for a travel business to protect its brand identity and establish a distinctive market presence. Conducting a thorough trademark search helps ensure that the chosen trademark is unique and not already in use. The application process involves filing with the appropriate trademark authorities, and successful registration provides legal protection against unauthorized use of the travel agency’s brand. This safeguards the business from potential legal disputes and reinforces its unique identity in the competitive travel industry.

Conditions that Must be Meet

A duplicate form must be submitted along with the required paperwork along with the application for recognition in the format specified.

• The agency must have at least Rs. 3.00 lakh in the capital.
• A certificate from a Chartered Accountant regarding the agency’s capital investment is required, along with audited balance sheets.
• The agency must have the International Air Transport Association’s approval, or it must be a General or Passenger Sales agent for any airline that has received IATA approval.
• Before applying, the agency had to have been in operation for at least a year.
• In India, the business must have an office that is neat, clean, and well-maintained. In locations higher than 1000 meters above sea level, the office must be at least 100 square feet.

Employee Requirements

• The agency must be owned or run by an experienced and well-qualified full-time member.
• Great emphasis must be laid, on building efficient and effective communication skills.
• It must have at least four employees, with at least one employee having a degree in Tourism and Travel Management from an establishment accredited by the AICTE. 
• In case, the staff is exceptionally experienced and has worked for at least three years under an IATA or UFTA agency; then the academic criteria may be relaxed.

Fees and Taxation

•  The agency must have filed its IT return for the year in which it is applying.
• A fee of INR 3000 must be paid while applying for recognition.

Miscellaneous

• The Certificate of Approval must always be displayed in the agency’s office.
• In all matters relating to the recognition and renewal of licenses, the decision taken by the Ministry of Tourism will be final.
• The Ministry of Tourism also has the right to cancel a license if it deems the step necessary. 
• However, a Show Cause Notice will be issued before doing so, to inform the company about the impending decision.

Become a Travel Agent with the Government of India’s approval!

Although it is not required, registration as a Government of India-approved travel agent is advantageous and gives the travel agent recognition. The scheme for the recognition of travel agencies (TA) aims to promote high standards of service and quality in the tourism sector. The travel agent must meet certain requirements regarding capital invested, staff employed, maintenance of minimum office space, and other requirements in order to be recognised by the Government of India. Additionally, submit an application to the Ministry of Tourism in the appropriate format to become a Travel Agent recognised by the Government of India.

Conclusion:

There are many opportunities for new business owners to start out as travel agents. If you are one among them and looking for an expert to take you through the process, then all you need is to get connected with the Vakilsearch team. Since it is the number one legal service provider in India, experts like VS will help you with the registration process that is truly legal for you.

Do you need a license to be a travel agent in India?

Yes, a license is required to operate as a travel agent in India. Obtain necessary permissions from regulatory authorities.

How can I check if a travel agent is licensed?

Verify a travel agent's license by checking with the appropriate government or regulatory body overseeing travel agencies.

Who are Authorised travel agents for the Govt of India?

Authorized travel agents recognised by the Government of India are listed by relevant government departments.

Who are the best travel agents in India?

Research and reviews can help identify reputable travel agents. Look for industry awards and customer feedback.

How can I get an IATA license in India?

To obtain an IATA license in India, apply directly to the International Air Transport Association (IATA) following their specific procedures.

How can I verify my travel agency in India?

Verify your travel agency's credentials through official government websites or regulatory bodies overseeing travel agencies.

How do I report a fake travel agent?

Report a fake travel agent to local authorities or consumer protection agencies. Provide details of the fraudulent activity.

What is a travel agent true number?

A travel agent's true number may refer to their official license or registration number issued by regulatory authorities.

What are the rules for travel agents?

Travel agents must comply with licensing requirements, adhere to consumer protection laws, and follow industry regulations.

What is the travel agent rate?

Travel agent rates vary based on services offered, commission structures, and agreements with airlines, hotels, and other service providers. Rates depend on the specific business model and industry relationships.

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• Travel Tips

How To File A Complaint Against Travel Agency In India

Published: November 29, 2023

Modified: December 28, 2023

by Madelon Heck

• Plan Your Trip
• Travel Destinations

Introduction

Planning a trip can be an exciting experience, but sometimes things don’t go as expected. If you have had a negative experience with a travel agency in India, you may be wondering how to file a complaint and seek a resolution. Whether it’s issues with booking, misrepresentation of services, or problems during your trip, you have the right to voice your concerns and seek a solution.

Filing a complaint against a travel agency in India requires careful navigation through the proper channels to ensure your concerns are addressed. This article will guide you through the steps involved in filing a complaint, from gathering information to seeking legal assistance if necessary. By following this process, you can increase your chances of getting a fair resolution and possibly prevent others from going through a similar disappointing experience.

Before proceeding with a complaint, it is always a good idea to attempt to resolve the issue directly with the travel agency. Sometimes, a simple conversation can clear up any misunderstandings or address any concerns. However, if the issue remains unresolved, you can proceed with filing a formal complaint.

This guide will outline the necessary steps to file a complaint against a travel agency in India, providing you with the knowledge and confidence to take appropriate action. Remember, it is important to gather all necessary information, document your complaint thoroughly, and follow the proper channels to increase the likelihood of a successful resolution.

Step 1: Gather Information

Before filing a complaint against a travel agency in India, it is essential to gather all relevant information to support your case. This includes documentation related to your travel arrangements, such as booking confirmation, receipts, emails, and any other relevant communication exchanged with the travel agency.

Start by compiling all the relevant details, including the dates of your travel, the names of the individuals involved, and specific instances where the travel agency failed to deliver on their promises. Make sure to note any financial losses or additional expenses you incurred due to the travel agency’s negligence or misconduct.

If there were any witnesses to the issues you faced, try to gather their contact information as well. Their testimonies can strengthen your case and provide additional evidence.

In addition to gathering information directly related to your specific situation, it is also beneficial to conduct some research on consumer rights and travel laws in India. Understanding your rights as a consumer and the obligations of travel agencies will help you build a stronger case and approach the complaint process more confidently.

When gathering information, it is crucial to keep everything organized in a systematic manner. Create a dedicated folder or file to store all your documentation, including screenshots or photographs if applicable. This will make it easier to reference and present your evidence when filing a complaint.

By taking the time to gather all the necessary details and organizing them in a logical manner, you will be well-prepared to present your case and increase the chances of a successful resolution.

Step 2: Contact the Travel Agency

Once you have gathered all the necessary information, it is time to reach out to the travel agency and formally communicate your complaint. Before contacting them, consider the following tips:

• Choose the appropriate method of contact: Determine the best way to reach the travel agency, whether it’s through phone, email, or in-person. Review your documentation to find the contact information provided by the agency.
• Be polite and professional: When communicating your complaint, it is important to remain calm and composed. Avoid getting emotional or using aggressive language. Instead, state the facts clearly, concisely, and professionally. This approach will help establish a constructive dialogue and increase the likelihood of a positive resolution.
• Provide all relevant details: Clearly explain the issues you experienced, providing dates, names, and any supporting evidence you have gathered. Be specific about your expectations and the desired outcome. Communicate how the travel agency’s actions or failures have affected your trip and overall experience.
• Keep a record of your interactions: Document all your communication with the travel agency, including dates, times, names of the individuals you spoke to, and summaries of the conversations. This record will be useful in case you need to escalate your complaint later on.

During your initial contact with the travel agency, give them a reasonable amount of time to respond and resolve the issue. However, if they do not address your concerns adequately or fail to respond within a reasonable timeframe, it may be necessary to take further action.

It is important to note that in some cases, the travel agency may try to offer a resolution or compensate you for the issues faced. Evaluate their proposed solution or compensation offer carefully and consider if it aligns with your expectations and the losses incurred.

If you are unable to resolve the complaint directly with the travel agency, proceed to the next step to escalate the matter further.

Step 3: Document your Complaint

When filing a complaint against a travel agency in India, it is crucial to have a well-documented and comprehensive complaint. This will help ensure that your concerns are clearly understood and properly addressed. Here are the steps to follow:

• Write a detailed complaint letter: Start by composing a formal complaint letter addressed to the travel agency. Provide a concise summary of your issue and include all the relevant details, such as booking information, dates, names of involved parties, and the specific problems faced during your trip. Be objective and avoid emotional language. Clearly state your desired outcome, whether it’s a refund, compensation, or a resolution to the issue.
• Attach supporting documentation: Include copies of all the relevant documentation you gathered during Step 1. This may include booking confirmations, receipts, screenshots of conversations, and any other evidence that supports your case. Organize the attachments in a logical order and reference them in your complaint letter.
• Keep a record of your complaint: Make sure to keep copies of your complaint letter and all associated documents for your records. This includes keeping track of any communication you have with the travel agency or any response you receive from them.
• Send the complaint via certified mail or email: To ensure that your complaint is received and tracked, send it via certified mail with a return receipt requested. Alternatively, you may choose to send it via email, keeping a copy of the sent email and any delivery receipts or read receipts.

By documenting your complaint thoroughly, you provide a clear and organized account of the issues you faced and evidence to substantiate your claims. This increases the chances of a prompt and satisfactory resolution to your complaint.

When drafting your complaint, it is important to remain courteous and factual. Avoid making exaggerated claims or personal attacks. Instead, focus on the specific problems you encountered and how they have impacted your travel experience.

After sending your complaint, allow the travel agency a reasonable amount of time to review and respond to your concerns. If you do not receive a satisfactory response or if there is no response at all, you may need to escalate your complaint to higher authorities or seek legal assistance.

Step 4: Submit the Complaint to Relevant Authorities

If your complaint against a travel agency in India is unresolved after contacting the agency directly, you may need to escalate the matter to relevant authorities. This step aims to seek intervention and assistance in resolving the issue. Here’s what you can do:

• Research the appropriate authority: Depending on the nature of your complaint, there are different authorities you can approach. It may be the Ministry of Tourism, Consumer Affairs Department, or a State Consumer Dispute Redressal Commission. Research and identify the correct authority for your specific complaint.
• Prepare your complaint: Write a concise and descriptive complaint letter addressing the relevant authority. Include all the details of your complaint, including the issues faced, attempts made to resolve the matter, and any evidence you have to support your case. Attach copies of the relevant documents, such as booking confirmations and communication with the travel agency.
• Submit the complaint: Send your complaint to the relevant authority via registered mail or email. Make sure to keep copies of the submission for your records, including any delivery receipts or read receipts.
• Follow up on your complaint: Check the guidelines provided by the relevant authority on how complaints are processed and resolved. Be proactive and follow up on the progress of your complaint. If required, provide any additional information or documents requested by the authority.

Submitting your complaint to the appropriate authority ensures that it is officially recorded and addressed at a higher level. These authorities have the power to investigate and take action against travel agencies that have violated consumer rights or engaged in unethical practices. By involving them, you increase the chances of a fair resolution and hold the travel agency accountable for their actions.

Keep in mind that the process of resolving complaints with authorities may take time. Patience is crucial, but if there is a lack of progress or your complaint remains unresolved, you may need to consider seeking legal assistance.

Step 5: Seek Legal Assistance (if necessary)

If your complaint against the travel agency remains unresolved even after following the previous steps, it may be necessary to seek legal assistance. Engaging a legal professional can provide you with guidance, representation, and help you navigate through the legal process. Here’s what you can do:

• Consult with a lawyer: Seek the advice of a lawyer specializing in consumer law or travel-related disputes. They will assess the merits of your case, advise you on your legal rights, and guide you through the steps to take.
• Gather all relevant documents: Provide your lawyer with all the documentation related to your complaint, including your previous correspondence with the travel agency and any responses received. This will help them understand the situation and build a strong case on your behalf.
• File a formal legal complaint: If your lawyer deems it necessary, they can help you draft and file a formal legal complaint against the travel agency. This initiates a legal process to seek a resolution. Your lawyer will guide you through the entire legal procedure and represent your interests.
• Attend legal proceedings: Cooperate with your lawyer and attend any legal proceedings or hearings related to your case. Your lawyer will prepare you for the proceedings and represent you to present your case effectively.
• Explore alternative dispute resolution: In certain cases, alternative dispute resolution methods like mediation or arbitration may be recommended by your lawyer. This can help facilitate a resolution without going through a lengthy court process.

Seeking legal assistance is a significant step, and it is essential to find a lawyer experienced in handling travel-related disputes. They can provide you with valuable advice, negotiate on your behalf, and help you pursue a resolution through legal channels.

It is important to remember that legal procedures can take time and involve costs. Discuss the fees and expenses with your lawyer upfront to ensure you understand the financial implications and make an informed decision.

By seeking legal assistance, you increase the chances of a favorable outcome. Legal professionals have the knowledge and expertise to navigate the complexities of the legal system and fight for your rights as a consumer.

Filing a complaint against a travel agency in India can be a challenging process, but by following the steps outlined in this guide, you can increase your chances of a successful resolution. Remember, the key steps are:

• Gather all relevant information related to your complaint, including documentation and research on consumer rights.
• Contact the travel agency directly to communicate your concerns and attempt to resolve the issue.
• Document your complaint thoroughly, including writing a detailed complaint letter and attaching supporting documentation.
• Submit your complaint to the relevant authorities, ensuring it is officially recorded and addressed.
• If necessary, seek legal assistance to further pursue your complaint and navigate the legal process.

Throughout the process, it is important to remain calm, professional, and persistent. Keep records of all your interactions, maintain a clear and organized documentation of your complaint, and follow up on the progress of your complaint as necessary.

While filing a complaint may not always guarantee a favorable outcome, taking action and voicing your concerns can make a difference. Your complaint can shed light on unethical practices, encourage accountability within the travel industry, and potentially prevent others from having similar negative experiences.

Remember, as a consumer, you have rights, and it’s important to assert them when necessary. By following the steps outlined in this guide, you can assert your rights, seek resolution, and ensure a better travel experience for yourself and others.

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Consumer complaint Filing against Travel Agencies

Planning for a trip beforehand is something a lot of travel mongers like to do. This digital age has enabled us to do so. Unfortunately, it has also opened doors for new scammers and frauds who lure customers by offering discounts on their travel budget.

Even if you’re not scammed, you can easily encounter a deficiency of service on the part of travel agencies. Since travel complaints come with a sense of urgency, we need to know the quickest way to solve our issue.

Here goes the list of causes under which you can lodge a complaint

• No refund after ticket cancellation
• Hotel denying check-ins
• Fake promises under-booked packages
• Poor hotel condition
• Fraudulent booking agencies
• Charged for service under an -inclusive package
• Misbehavior by staff

If you’ve faced any of the aforementioned deficiencies of service, then you should file a complaint against the fraud travel agency. 

Course of action

Contacting your travel agency is an option for you. You can let them know of your grievance and compensation. You may send a Legal Notice to them as well.

In case of not getting any positive and satisfying response, it is advisable to file a Complaint against the Travel Agency in the Consumer Court.

Filing a Complaint against a Travel Agency

Many cases usually remain unresolved even after following the course of action. Either the agency refuses to cooperate or they shut out your refund demand.

Here, you are required to file a consumer complaint in the Consumer Court. Filing a case in the Court is not an easy task as this requires a lot of detailed paperwork to draft the official complaint along with the follow-ups.  

This is why it is recommendable to be in touch with the country’s very own consumer protection platform. The specialized Advocate panel here would provide 24×7 legal assistance to claim your Consumer Right at the quickest.

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Leave a comment cancel reply, dipak tpatil.

29 Oct, 2021

Very bad experience with Gujarat travels. After booking ticket from Pune to Baroda. Agency says Volvo with mutiexel bus. Already he late the bus 3 hours and send regular AC bus.

Team Online Legal India™

05 Nov, 2021

Thank you Dipak for reaching out to us. Team Online Legal India will get back to you shortly do discuss and resolve your issue.

Nallur Rajappa Kumar

29 Sep, 2021

Customer, Greetings from Travolook.in! This email is regarding your booking reference number : REF032427148 We apologize for the inconvenience caused to you. Please be informed that the refund will be initiated at our end and the amount will reflect back to the same bank account within 07-10 working days (excluding Saturday, Sunday and Gazetted holiday). Your patience in this regard will be highly appreciated.The refund shall be as per the policy. Dear sir I booked the ticket on 1st September for 15th September travel..but booking not coming and told refund my money ...but now one month finished.i spoke many times. But nothing sir pl take action and refund my money.iam 60years old...iam expecting great reply from you sir. Thank you N.R.Kumar 9791688013

Mr. Kumar, you don't have to worry anymore as our Legal Experts are about to reach out to you to discuss and resolve your issue by filing a Consumer Complaint against Travel Agencies. Thank you for reaching out to us.

s jagatheesan

28 Mar, 2022

I had booking the train ticket in Goibibo.com and booking is faild RRN 207958037479 and 207958034720 Dated 20.03.2022 bot not yet received both RRN paid ticket amount. very worst response from goibibo website.

Ishteyaque Ahmad Ahmad

27 Apr, 2021

I have booked a ticket through Tavolook.in from Patna to Hyderabad on 16th March-2021 with Ref No- REF603126545.The total amount of the ticket was Rs.16980/- Due to some technical reasons my ticket was canceled and I was confirmed by the travel agency that my money would be refunded in my account in the next 10-15 working days.Its now more than one and a half months have not received my money back. I have written so many mails regarding refunding my amount and made end numbers of calls to the customer care but they are not interested to pay me back.please help me what can I do in this matter

28 Apr, 2021

Hello Isteyyaque, team Online Legal India™ will be in touch with you shortly to discuss and file a Consumer Complaint against the Tavolook disputes that you are facing.

Manas parida

25 Mar, 2022

On Mon, 24 Jan 2022 10:14:59 +0530 "Manas" wrote From: "travolook.in" | Add to Address book | This is spam To: [email protected] Subject: Your Booking is Cancelled with travolook.in: REF899267804 Date: Thu, 13 Jan 2022 12:18:34 IST Booking Cancelled Reference No. : REF899267804 Your Booking is Cancelled with travolook.in :REF899267804 Your booking is Cancelled due to fare expiration. Please contact our customer support at 0124-643-4800 or send us an email at [email protected] and one of our travel expert will be pleased to assist you.In Such unlikely event, if your tickets cannot be processed for any reason you will be notified via email or by telephone and your payment will NOT be processed. FLIGHT DETAILCALL US FOR ANY CHANGES OR HELP WITH YOUR FLIGHT AT 0124-643-4800 Departure Indigo 6E - 2092 Indira Gandhi International Airport(DEL) Terminal: Terminal 2 Jan 21, Fri 17:55 Non Stop Raja Bhoj Airport(BHO) Jan 21, Fri 19:20 ADT MANAS PARIDA - - M - Price Information Refund Amount ?3585.00 Not getting refund after repeated follow up. Please suggest way forward.

Kunal Kumar

25 Jan, 2022

Dear Sir Good day On 3rd oct 2021 a holiday company named Global Gateway Holiday in Kolkata gave me a holiday membership package with fake promised and I made payment that time but after verification of all the promise they made were false .please help me so that I could get refund .

Hello Kunal, we from Online Legal India will connect with you soon to discuss and resolve your issue by filing a Consumer complaint against Travel Agencies.

Dhen hang subba

24 Sep, 2021

I have booking my international ticket from cheapticket.in website but in covid 19 pedamic,flight cancel that time now a days travel agencise cant refund my booking amount...my ticket number 071-3318507768

25 Sep, 2021

Hello, thank you for sharing your issue with us. Be ready with all the evidence as our Legal Experts are about to reach out to you to resolve your issue by filing a Consumer Complaint against Travel Agencies.

packirisamy

I have booked a ticket through Tavolook.in from Nagapattinam to Hyderabad on 17th September-2021 with Ref No- UPI Transaction No 125514195727 .The total amount of the ticket was Rs.365/- Due to some technical reasons my ticket was canceled and I was confirmed by the travel agency that my money would be refunded in my account in the next 10-15 working days. Its now more than one and a half months have not received my money back. I have written so many mails regarding refunding my amount and made end numbers of calls to the customer care but they are not interested to pay me back. Please help me what can I do in this matter

Hello, thank you for reaching out to us. Team Online Legal India will get back to you soon to discuss and resolve your issue by filing a Consumer Complaint against Travel Agencies.

24 Jul, 2021

I purchased ticket from make MY trip from DELHI TO VANCOUVER CANADA FLIGHT R BEING IMPACTED EVERY TIME FROM THE FIRST TRAVEL DATE N 3 TIMES AFTER THAT FINALLY I GOT 4TH AUG FLIGHT IMPACTED I CANCELLED MY TICKET BUT INSTEAD REFUNDING FULL AMPUNT AS FLIGHT WEREIMPACTED AGENCY PAID 52000 RS LESS

28 Jul, 2021

Hey R C Tandon, We are receiving numerous complaints from Travel Website users these days and successfully solving their issues by filing a Consumer Complaint in Court. Be prepared with the evidence, our Legal Experts are about to reach out to you. Don't worry!

Seema gulati

24 Jun, 2021

Can I complaint against a travel agency as they are looting people by making false promises

Hello Seema, team Online Legal India™ will be in touch with you shortly to discuss and file a Consumer Complaint against the Travel company disputes that you are facing

Akhil Saxena

23 Jul, 2021

I have booked air ticket from Srinagar to. Delhi for 26th june 2021 thro. Travolook a travel agency ,but booking was not confirmed due to fare expiration vide tavolook Ref :145153630 ,it was told by travolook customer support team that you will receive refund amount of Rs. 4421/ with in 10-12 days. But still I have not received refund amount after several emails & several calls.

Hello Akhil, We are receiving numerous complaints from Travel website users and successfully solving their issues by filing a Consumer Complaint in Court. Be prepared with the evidence, our Legal Experts are about to reach out to you. Don't worry!

Adanki Mohan

Flight tickets for British Airlines from New Delhi to USA,via LONDON was purchased through Flipkart (booking id -FF21041314638903 &FF21041314639268) on dated 13/04/2021 by producing all required documents. A call received form Delhi Airport Authority on date 12/05/2021 intimating that we the Passengers for flight No.BA0256 dated 14/05/2021, will not be allowed to enter the Airport Premises due to current Corona virus Pandemic. Obviously, we could not board the flight for USA on dated 14/05/21 as against PNR Nos 1) 5J7KGJ+5J8F6D &5JFWR4 . Taking into account the order of USA government and the current corona virus Pandemic, I requested Flipkart through customer care number-18002583535 and email id [email protected] several times to refund the full amount as the flight tickets were purchased through the flipkart, the details of which are furnished above.However still it was not refunded. Screen shots of the refund related response by British Airways are already submitted on date 29/05/2021. Accordingly, I contacted the Flipkart but they did not materialised it. Therefore it is requested to Refund the full amount positively.

Hello Adanki, We are receiving numerous complaints from Travel Website users and successfully solving their issues by filing a Consumer Complaint in Court. Be prepared with the evidence, our Legal Experts are about to reach out to you. Don't worry!

Carolyn basabe Yulip

23 Apr, 2021

I need to file a complaint about cleartrip as they have not refunded my money after canceling the tickets last November 2020. Please let me know how to do it. Thank you

24 Apr, 2021

Hello Carolyn, team Online Legal India™ will be in touch with you shortly to discuss and file a Consumer Complaint against the Cleartrips disputes that you are facing.

Govind Kumar

22 Sep, 2021

I have booked DELHI-RANCHI ticket for my mother through TRAVOLOOK.IN for 26Jan2021. Ticket was cancelled by travolook minutes after booking. Their representative called to rebook ticket and refund for the 1st ticket will be done within 7 working days. No refund was done. After numerous of call and email, half amount was refunded on 26th Feb 2021, and was told that other half will be initiated within a week. I am still waiting for the other half after 8 months on ticket cancellation. I have sent several emails and reminder, called around 50 times but every time they say, it will be 7-10 working days but do not refund. Please arrange legal action against them for refund amount along with the compensation for my peronal time they have taken to call and mail them and compensation for the mental agony/frustration I have received from the lies they have been telling for the last 8 months.

Hello Govind, thank you for contacting us. Be ready with all the necessary evidence as our Legal Experts are about to reach out to you to discuss and resolve your issue by filing a Consumer Complaint against Travel Agencies.

22 Aug, 2021

We had a booking, booking Id- 780324377207116400, PNR - LFTVSN, the flight was cancelled and we were informed that full refund has been processed. But it's been a month and we have still not received any refund against the same #happyeasygo #fraud #defaulter # scam

23 Aug, 2021

Hello Dilip, be ready with all the necessary evidence. Team Online Legal India will be in touch with you shortly to discuss and file consumer complaint against Travel Agencies.

vijay kumar

22 Mar, 2022

Dear Sir Good day in 2018 a holiday company named WORLD TRAVEL ARC SCF-45,2nd Floor, Phase-9,Mohali 160062 contact no 0172-5055505 offers me holiday membership package with Member ID- 110128 with fake promised in which total 35 nights total for 5 years and I made payment that time but after payments of all the promise they made were false . as till dated i used only 9 days and when ever i asked for bookings even 50days prior or 30 days prior they refuse as all the accommodations are full and refused to give bookings sir please help me so that I could get refund .

Gurpreet Singh

18 Aug, 2021

Yet my amount deducted by my card last digit 6684 hdfc bank but the booking is not done through goibibo the amount is 6812 inr please refund it .here you can see a statement of my bank credit card account. Which was done through goibibo platform .

19 Aug, 2021

Hello Gurpreet, we are receiving several complaint against the Travel Agencies and successfully solving their issues by filing a consumer complaint. Get ready with the evidence, our Legal Experts are about to reach out to you.

17 Oct, 2021

We have try to booked an ticket from travolook but the pnr have not got generated and the amy got dedicated. It was on 12th Aug 2021. Till now they have given me the 4date to refund the amt but still they have not done REF101909788- this was the reference id

19 Oct, 2021

Hi Ankit, we will get back to you soon to discuss and resolve your issue. Thank you for reaching out to us.

Mehek Mehta

15 Mar, 2022

Hello, I belong from a very small family and i tried to make a small booking from an agency called travelgenio and it has deducted 17770 rupees That also on the wrong date. I haven't gotten any confirmation or flight pnr booking number from the site also all internet reviews are saying it's fraud so I'm very scared please please help me with this. Help me with some confirmation that it's not a Fraud website

Khaja vaheedur Rahman

14 Dec, 2021

Case book agneast travel agency

Thank you for contacting us. We will get back to you soon to resolve your issue.

Very bad experience with Travel look agency. No refund after ticket cancellation. It's been almost 60days and they still saying payment refund is initiating. Customer service always disconnects the call while customer on hold.

15 Dec, 2021

Hello Mahender, be ready with all the necessary evidence as we are about to reach out to you to discuss and resolve your issue by filing a Consumer Complaint against against Travel Agencies.

14 Mar, 2022

I have booked a ticket through Tavolook.in from Chennai to Hyderabad on 1st Feb-2022 with Ref No- REF738951664 .The total amount of the ticket was Rs.3712/- Due to some technical reasons from travlolook my ticket was canceled by them and they have forced me to pay again to confirm the ticket. later I was confirmed by the travel agency that my money for 1st cancelled ticket would be refunded in my account in the next 10-15 working days. Its now more than one and a half months and i have not received my money back. I have written so many mails regarding refunding my amount and made end numbers of calls to the customer care but till date nothing done and even the agency is not ready to reply to my email also. Please help me what can I do in this matter.

11 Jan, 2022

I booked a tickets with travel look which was cancelled within 30 minutes of booking and now it's being almost a month they are not refunding my money. No management is there. Only call center is there no one from senior or management group can b contacted and call center always gives to same answer wait for 7 days.. Now is almost month but my amount is still not refunded

12 Jan, 2022

Hi Shalu, we have received your complaint request and will connect with you shortly to discuss and resolve your issue. Thank you for reaching out to us.

10 Jun, 2021

My husband booked Europe tour package (Rs. 3,90,000/-) in last January'20 and we were supposed to go in march'20. but due to corvid issue, our tour got postponed. In March'21, My husband expired due to heart attack . He was struggling to get refund since cancellation of this tour. My husband death shook me so bad that I cant even think to go on tour with memories of my husband in mind. Travel agency refunding only 50% of total amount and giving 30% as a credit score. Deducting 20% as rescheduling charge without giving any break-up. I asked for 90% refund but agency firmed on his stand to give only 50% of total amount even if I cancel the tour. Seeking legal advise. Please help

Hello Punam, team Online Legal India™ will be in touch with you shortly to discuss and file a Consumer Complaint against the Travel company disputes that you are facing

10 Feb, 2022

Very bad experience with Lucky travels. Mr lucky saini is owner for the travels. He give tour plan and taken advance and day befor the journey he say i did not a le to come on tour and he will send another guy and one place i.e simla .you areange hotel on ur own..and didnt refund the money. He said to retur money after the tour..but 2 montha gone he is not returning the money.

We have received your complaint request and will get back to you shortly to discuss and resolve your issue by filing a consumer complaint against Travel Agencies.

Ankaj Kumar

10 Jan, 2022

I have booked a ticket through Tavolook.in from Darbhanga to Delhi on 24th December-2021 with Ref No- REF060695678 .The total amount of the ticket was Rs.3443/- Due to some technical reasons my ticket was canceled and I was confirmed by the travel agency that my money would be refunded in my account in the next 7-10 working days. Its now more than one and a half months have not received my money back. I have written so many mails regarding refunding my amount and made end numbers of calls to the customer care but they are not interested to pay me back. Please help me what can I do in this matter

We have received your complaint request. Thank you Ankaj for reaching out to us. Team Online Legal India will get back to you shortly to resolve your issue by filing a Consumer complaint against Travel Agencies.

07 Jan, 2022

Rahul and Renu from iconic travel agents are fraud with no hospitality. 1. Pathetic service - we have stuck in Tawang due to heavy snowfall and we could not reach to Guwahati at scheduled time, but when we talked to hotel owner he was ready to provide room without any extra charges, but Rahul told us - do your booking with your own payment as you have delayed with 2 days.. ( we have delayed due to natural calamities , doesn't he understands it? Hotel owner is ready to accomodate us still) 2. Fraud - Rahul and Renu has taken extra charges hidden charges from us , as soon as we have done first installment , he has taken 20k as a fine from us because we have delayed payment by 1 day. Also he has not ready to provide any cancellation fees to us 3 cheat with customer inspite of fully received money from customer - he has taken all money before starting the trip, but in case of emergency, like we stuck due to heavy snowfall in Tawang - he is not ready to provide the service and he will not pick your call at the time of emergency 4. No humanity - you are paying all the money of the trip , but Rahul and Renu will not pay to drivers, to hotels on time. Lunch, dinner everything included in your itenary, you paid for it but hotel did not received any payment and Rahul and Renu will not pick your call as well once trip started so ultimately you need to pay again from your wallet 5.hidden charges - Rahul and Renu will apply many hidden charges to you as soon as you have completed your first payment, for kaziranga jungle safari - he will charge you 5k but actually it's done in 2k, at Majuli ferry he will charge you 3k but actually the cost of ticket is 15 rs per head. Imagine the fraud he is doing with customer 6.worst way of speaking - Rahul and Renu will give many commitments till you pay 1st installment, as soon as you have paid first installment and get bounded by their packages, their attitude changes and they will not listen to your any single thing - speaking shit instead That means you pay for a good service and for peaceful trip but you received hopeless, pathetic and rude behaviour.. "Paisa bhi do aur galiya bhi suno and apne trip ki band bajao" PLEASE Don't attract with his cheap deals , he will charge you double under hidden charges!! Please help us to ban such pathetic tour co-ordinators and help Indian tourism to grow wisely. The fraud company name - ICONIC TRAVEL - Rahul Sharma Reservation manager Mobile - 8130883907 / 7982474334 Web - www.iconictravel.in

Thank you Meghali for reaching out to us. Team Online Legal India will get in touch with you soon to discuss and resolve your issue by filing a Consumer Complaint against Travel agencies. Just be ready with the necessary evidence.

Kshitiz Jain

06 Dec, 2021

I booked a trip through a travel agency and after paying half amount they increased the prices upto 100 percent, so I asked them to cancel the booking and refund the amount, its been 3 months they haven’t returned the amount yet. Can anything done here?

07 Dec, 2021

Thank you Kshiti for reaching out to us. Be ready with the evidence as we are about to reach out to you to discuss and resolve your issue. Don't worry!

Deepanshu Agarwal

06 Sep, 2021

Hi, I have booked a tour package to Leh Ladakh with travel agent - Getz Destinations. We were denied check in at the camp at Pangong. The travel agent is refunding only partial amount and not ready to listen. Please help.

Hello Deepanshu, thank you for contacting us. Be ready with all the necessary evidence as our Legal Experts are about to reach out to you to discuss and resolve your issue by filing a Consumer Complaint against Travel Agencies

Rudolf Wilson

06 Jan, 2022

Hi,am complaining against KLM and KLM travel agent is about flight ticket they have taken my money I have sent them a written letter several occasions for a refund but it seems they don't bother so an login this complaint to you Thank you hope to hear from you soon

Hello, thank you for contacting us. Team Online Legal India will connect with you soon to discuss and resolve your issue by filing a Consumer Complaint against Travel Agencies.

05 Dec, 2021

Sir my name is pankaj I am from JALANDHAR city , I applied study visa through eurucan global Pvt LTD they cheat me 2 lakh I have all documents legal prof payment paid by demand draft and I have migstrae documents . I have refund letter . But they are not refund my money,what should I do next pls suggest

Hello Pankaj, we are receiving numerous complaints from Travel Website users and successfully solving their issues by filing a Consumer Complaint in Court. Be prepared with the evidence, our Legal Experts are about to reach out to you. Don't worry!

04 Sep, 2021

What happens if a case remains stuck for months with you? How do you guarantee that it will be successfully be resolved?

04 Feb, 2022

Today I booked my tickets from Kamlighat to haridwar on Rishabh travels today pickup time late and at Ajmer shifting to passenger other bus I found No any facility available in the bus please provide facility as shown in the Rishabh travels bus.

05 Feb, 2022

Thank you for contacting us. We will get back to you soon.

N.Venkateswara Rao

04 Jan, 2022

I have booked flight tickets from Vijayawada to Bengaluru on 13th August 2021 through Travolook.in for two persons and an amount of Rs 8688/- was deducted from the bank acount. After few minutes I received a message from Travolook that the tickets could not be booked due to an operational reason and the amount will be refunded within 10 to 15 days, and they have given a reference no REF291102575 Dtd 13-8-2021 for further enquiries. They have given their contact no as 01246434800. Inspite of my several requests through phone and mails they are not responding properly and they have not refunded the amount so far. So please help to get the refund soon. Thanking you, Yours Sincerely, N.Venkateswara Rao Ph. 9490365999.

Thank you for reaching out to us. We have received your application request and our Legal Expert will get back to you soon to discuss and resolve your issue by filing a Consumer complaint against Travel Agencies.

03 Nov, 2021

It was almost 20 days, after booking airline ticket they asked thousand more and they haven.t confirmed tciket and then told to cancel the ticket on 17 oct 2021 but they till now they have't refunded the amount of Rs 11,482. This agency looks like a fake travel agency and they are not answering the call.

06 Nov, 2021

Hi Ramesh, be ready with all the necessary evidence. Team Online Legal India will get back to you shortly to address your concern.

Bimal Raj Dutta

03 Jan, 2022

Good afternoon , this is my fifth email to travolook.in with ref to REF253493578 of a canceled ticket on 06 dec21 as per following details. 1 Eshita Dutta From New Delhi to Pune The passenger is yet to receive the amount against cancellation. Sir as per prior conversations on 0124 6434800 number ,it has been informed that within 15 working days the refund amount will be credited but till date no amount has been credited. Thank you. B.R.Dutta

Thank you Bimal for contacting us. Team Online Legal India will get back to you soon to resolve your issue.

Santosh Thimaya

02 Oct, 2021

dear sir / mam, I would like to bring to your notice that I am travelling in one of your non a c bus from Mumbai to Mysore; details are as follows; Dear Passenger, Bus Journey details from Mumbai to K R Pet on 01/10/2021 are PNR: 35420561, Seat No: 13U, Boarding:JogeswariE at 12:20 PM, Address:Lal Building,Jogeshwari, Bus No: and Driver details: and Checking Inspector: and Pickup Url: undefined -- http://www.srsbooking.com, Helpline:, Stage Contact number: , Bus No: 6653, Driver Name: shafiqe, Mobile: 9321053127 - SRS Travels. Since the time I have taken the journey I am going through a horrible time as one hour they had made all the passengers to wait to load the luggage from SION (for their extra commission) when i asked them why they are wasting time of the customers?the cleaner came in a threatening manner and said “JISKO BOLNA HAI BOL “.Post reaching in Pune again they halted the bus for more one hour to load luggage (for their personal commission). They have stacked all the luggage in the passage of whole bus, no one can move freely.Is this the service you provide to the customers?. Is this a Bus we are travelling ? Or a Truck with a luggage. It is our hard earned money we pay you not for this torcher or Such a rude behaviour. Post that at 11:45 pm midnight cleaner and woken up all the passenger and asked all to sit in one car who would help us cross the Maharashtra border.I feel like I am entering Pakistan.then the car driver drove us for 1 hour in MID of the jungle with all the families inside the car including women.such a drive from so dangerous place can lead to any situation like robbery,accident etc etc.later when they dropped us at highway to take the same bus which had crossed the border and came. I just asked the driver how can he waste somebody’s time and put everyone at high risk.his reply was jyada shaanpatti Mat karna Jahan se ticket liya hai Wahan pe baat karna.

05 Oct, 2021

Hello Santosh, thank you for sharing your issue with us. We have escalated your issue and our team will get back to you soon to discuss and resolve your issue by filing a Consumer Complaint against them. Don't worry!

Aminata mansaray

02 Feb, 2022

We paid for tickets for travel to Africa in 2020 Our flight was cancelled now the agent is refusing to authorise refunds

03 Feb, 2022

Thank you Aminata for contacting us. We have received your complaint request and will get back to you shortly to discuss and resolve your issue by filing a consumer complaint against Travel Agencies.

01 Mar, 2022

I would like to take action against "Travel Bolo Leisure", Noida. During end of 2paid them 55k for Amritsar-Manali trip. However due to CAA strike in Delhi they asked me to postponed the trip and provided me the voucher. Then Corona happened, now no one is responding to my call. I am from Chennai, so not sure how to file a case. So, please help me to get my money back.

Anjali Malhotra

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Understanding Travel Agent Liability

(This may not be the same place you live)

  Are Travel Agencies Subject to Specific Laws?

Yes, travel agencies and travel agents are subject to specific laws. A travel agency is a business that makes arrangements for individuals who are traveling, including booking airline tickets and hotel rooms.

Travel agencies and their agents are subject to travel law. Travel law regulates the travel industry. Travel law includes:

• Federal laws;
• State laws;
• Common law; and
• International laws.

Each state has consumer disclosure and fraud statutes as well as refund policy requirements for businesses that arrange and/or sell travel services. Some states have created specific laws for regulation, registration, and licensing for those who sell travel. The majority of states do not require travel agents to obtain a license. However, California and Florida require travel agents to register with the applicable state agency.

What are the Responsibilities of Travel Agents?

What are the legal duties and obligations of travel agents, what is travel insurance, is trip insurance required, can my travel agent be liable for problems i encounter on my trip, do travel agents need insurance, do i need a lawyer if i have a claim against my travel agent.

Travel agents have many responsibilities. A travel agent definition is someone who sells and arranges transportation, accommodations, tours, and/or trips for travelers. They are fiduciaries , or representatives, of their customers. They are responsible for general duties in arranging travel plans. A travel agent should:

• Make and confirm reservations, including itinerary changes and delivery of tickets;
• Disclose the identity of tour operator and/or the supplier responsible for the services;
• Vouch for the reliability of the supplier and/or provide a warranty for services;
• Investigate the availability of travel services, such as cancelled flights and/or overbooked hotels;
• Convey needed information and provide needed travel documentation;
• Provide information on health and safety hazards;
• Advise on the availability of travel insurance ; and
• Inform customers of any restrictions on transportation tickets.

According to the state courts, travel agents have a higher standard of care because they have a special relationship with their customers. This includes special duties and obligations owed to their customers. Travel agents duties and obligations include:

• A duty to warn the customer;
• A duty to investigate and disclose;
• A duty to inform;
• A duty to make reservations; and
• A duty to confirm reservations.

The duty to warn the customer includes a duty to reveal any negative information they have regarding the destination of the traveler. An example of this is if the traveler is going to a high crime area.

The duty to investigate and disclose includes a duty to investigate travel plans and be knowledgeable about the area to which the traveler is going. This includes knowing if there are certain conditions that would affect the consumers travel plans, such as a community event that may cause travel interference or delays.

The travel agent’s duty to inform means the agent has a duty to inform their clients about important travel information. They must inform clients about things such as:

• Limitations on ticket changes;
• Documents needed to travel;
• Whether certain countries have requirements; and
• The availability of travel insurance.

The travel agent has a duty to make reservations at the request of the customer. The travel agent also has a duty to confirm those reservations and make sure they are ready for the customer.

Travel insurance reimburses a traveler for costs related to events that may occur during their trip. It is designed to cover those who purchase coverage for financial implications of issues that may arise during their trip. It may include costs incurred prior to travel, such as non-refundable tickets or hotel stays and/or events that occur during a trip, including travel interruptions and medical expenses.

Travel insurance usually covers 5 main categories, including:

• Trip cancellations;
• Travel medical coverage;
• Major medical coverage;
• Emergency medical evacuation; and/or
• Accidental death/flight accident.

Travel insurance is an optional coverage that the traveler can purchase when they book their trip. Should they wish, a lawyer can review the terms and conditions of any travel insurance.

As noted above, trip or travel insurance is an optional coverage a traveler may purchase prior to taking a trip. In most cases, an individual’s homeowner’s insurance and/or health insurance policies will cover any medical costs or lost property, while at home or traveling. An individual’s life insurance policy will usually cover the individual and their family members while traveling. Additionally, airlines must reimburse a passenger if they lose their baggage.

A traveler can also purchase trip cancellation or trip interruption insurance, which will cover any losses that are not covered by other insurance. This can be helpful to protect the cost of the trip, especially if it must be cut short due to unforeseen circumstances.

Travel can be extremely expensive, especially abroad. Trip insurance may assist with costs of travel delay and/or lost or damaged luggage if the airline fails to fully compensate the traveler. It may also protect a traveler from costly medical bills in the event they are injured or become ill during their trip. Trip insurance may cover extreme unforeseen circumstances such as emergency medical evacuation, accidental death and/or flight accidents.

There are times when travel agents may be liable for problems a customer encounters. Travel agents may be liable to their customers for:

• Violations of general duties;
• Fraudulent misrepresentations; and/or
• Violations of applicable state regulations.

Some common issues travelers may encounter include:

• A cancellation;
• Discrimination;
• Lost, stolen and/or damaged baggage;
• A violation of consumer protection laws; and/or
• A deceptive port charge.

Sometimes, when an individual books a vacation, they may have to sign a travel agency contract. These contracts are signed at the time the traveler books their trip. They may include:

• Baggage fees;
• Travel agent obligations;
• Cancellations;
• Payment terms;
• Additional fees;
• Travel documents;
• Confirmations;
• Governing laws; and/or
• Any other necessary clauses.

Yes, similar to other commercial businesses, travel agents benefit from obtaining business insurance to protect them from liability. Travel agent or travel agency insurance often comes in 2 forms: professional liability insurance and general liability insurance.

Travel agent liability insurance, or professional liability insurance, protects a travel agent for any errors that occur in business activities. It also assists when the travel agent is sued by a customer for not providing the service that the customer was due to receive per their contract.

General liability insurance protects travel agents and travel agencies in their officers where they meet with clients. This is generally for protection in case a claim related to an injury, such as a slip and fall accident, occurs.

Yes, travel laws can be complex and vary by jurisdiction. An experienced business lawyer will be able to assist you with any aspects of travel law. Every state has specific regulations regarding travel sellers. Travel law includes domestic and international laws. For these reasons, it is important to obtain the services of a lawyer to help navigate any claims.

A lawyer can assist with reviewing any contracts and/or documentation and determine if a claim exists. A lawyer can also represent you during any court proceedings or alternative dispute resolution processes, if necessary. A lawyer can also assist you with any issues that arise from travel insurance.

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Jennifer Corbett

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Original Author

Jennifer joined LegalMatch in 2020 as a Legal Writer. She holds a J.D. from Cumberland School of Law and has been a member of the Alabama State Bar since 2012. She is a certified mediator and guardian ad litem. She holds a B.A. in Criminology and Criminal Justice and a B.A. in Spanish, both from Auburn University. Jennifer’s favorite part of legal work is research and writing. Jennifer enjoyed being a Law Clerk for a distinguished Circuit Judge in Alabama. She is a stay-at-home mom and homeschool teacher of three children. She enjoys reading and long evening walks with her husband. Read More

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March 27, 2024 - Baltimore Key Bridge collapse

By Kathleen Magramo , Antoinette Radford, Alisha Ebrahimji , Maureen Chowdhury , Elise Hammond , Tori B. Powell and Aditi Sangal , CNN

Our live coverage of the Baltimore bridge collapse has moved here .

Here's what you should know about the Key Bridge collapse

From CNN staff

Officials recovered the bodies of two construction workers who were on Baltimore's Francis Scott Key Bridge when it collapsed early Tuesday morning after a 984-foot-long cargo ship collided into a pillar.

Maryland Gov. Wes Moore called the collapse Wednesday " a global crisis ."

"The national economy and the world's economy depends on the Port of Baltimore. The port handles more cars and more farm equipment than any other port in the country," Moore said.

Here's what you should know:

• The victims: The six people who are presumed dead were from Mexico Guatemala, El Salvador and Honduras, according to Col. Roland L. Butler Jr, the superintendent of Maryland State Police. Two bodies were recovered and have been identified as Alejandro Hernandez Fuentes from Mexico and Dorlian Ronial Castillo Cabrera from Guatemala. The two workers were filling potholes on the bridge and were later found trapped in a red pickup truck in about 25 feet of water, Butler said. The FBI is handling notifying the victims' families, Butler said.
• Recovery efforts: Authorities are pausing search efforts for the four other workers who are presumed dead, because additional vehicles are encased in concrete and other debris, making it unsafe for divers, Butler said. Once salvage operations clear the debris, divers will search for more remains, he said.
• The investigation: The National Transportation Safety Board is leading the investigation into the fatal incident, according to the agency's chair Jennifer Homendy. During a Wednesday news conference, Homendy said there were 21 crew members and two pilots on board the Dali cargo ship when it crashed into the bridge. She also said a senior NTSB hazmat investigator identified 56 containers of hazardous material, and that some containers are in the water. The agency received six hours of voyage data from the ship and the investigation could take 12 to 24 months to complete, Homendy said. She emphasized that NTSB will not analyze information collected or provide conclusions while on scene of the collapse.
• Looking forward: Department of Transportation Secretary Pete Buttigieg said rebuilding the bridge will not be "quick or easy" but that it will get done. He said there are four main focus points ahead: reopening the port, dealing with supply chain issues until its reopening, rebuilding the bridge and dealing with traffic issues until the bridge is rebuilt. Biden  pledged the full support  of the federal government in the response and recovery efforts. His administration has already conveyed a sense of urgency to open up federal funding to remove debris and ultimately rebuild the bridge. Maryland has submitted a request to the Biden administration for emergency relief funds "to assist in our work going forward," Moore said Wednesday.

It's almost impossible to place people on the bow of ship due to the unstable structure, fire official says

 From CNN's Sarah Engel

Baltimore City Fire Chief James Wallace said Wednesday that the cargo ship's bridge structure and containers at the bow remain unstable.

"It's going to be very difficult, if not impossible, and very dangerous, to place people on the bow of that boat right now," Wallace told CNN's Kaitlan Collins.

"Naturally, we're still very cognizant of the fact that there are hazardous materials on board the vessel itself," Wallace said, alluding to the National Transportation Safety Board saying earlier that 56 containers were carrying hazardous materials.

Wallace said his team is relying heavily on aerial recognizance, including drones. "That's the only way we're able to see in," he said.  

He added that the aerial surveillance has "been able to really assure us right now we have no [chemical] reactions on board." 

"It's just utter devastation," NTSB chief says of the bridge collapse site

From CNN's Aditi Sangal

Jennifer Homendy, chair of the National Transportation Safety Board, called the site of the Key Bridge collapse "devastating."

"It's pretty devastating, certainly, seeing not just what's going on with the cargo containers, but just looking at what was a bridge span — three bridge spans that is pretty much gone. It's just utter devastation," she said at Wednesday evening's news briefing.

She added that she is thinking of families who lost loved ones and those who are waiting to reunite with their lived ones.

NTSB interviewed the Dali's captain and some other crew members today, agency chief says

The National Transportation Safety Board has interviewed the ship's captain, his mate, the chief engineer and one other engineer today, according to Chair Jennifer Homendy.

The two pilots on board the Dali at the time of collision will be interviewed tomorrow, she added.

Cargo ship's voyage data recorder is basic when compared to an airplane's, NTSB chair says

From CNN's Tori B. Powell

The voyage data recorder on the cargo ship Dali was a "newer model" but is considered basic when compared to that on an airplane, according to National Transportation Safety Board Chair Jennifer Homendy.

"But it is very basic compared to say, a flight data recorder, where we would have 1,000 parameters," she said at a news conference on Wednesday.

The NTSB chief investigator Marcel Muise added:

"It's not a ship-wide system recorder, so most of the sensors that are being recorded are from the bridge. So things like GPS, the audio, rudder feedback, rudder commands are recorded on there. But not engineering, the temperature of each cylinder, power distribution sensors."

There were no tug boats with Dali at the time of the collision. That's normal, NTSB chief says

There were no tugs with Dali when the cargo vessel collided with Baltimore's Key Bridge, which is normal protocol, according to National Transportation Safety Board Chair Jennifer Homendy.

Remember: At 01:26:39 on Tuesday, Dali's pilot made a general very high frequency (VHF) radio call for tugs in the vicinity to assist, the NTSB investigator Marcel Muise had said.

"The tugs help the vessel leave the dock, leave the port and get into the main ship channel. And then they leave. Once it's on its way, it's a straight shot through the channel. So there are no tugs with the vessel at the time. So they were calling for tugs," she said.

NTSB chair says she saw some containers that were carrying hazardous materials in the water

National Transportation Safety Board Chair Jennifer Homendy said she did see some of the 56 containers that were carrying hazardous materials in the water.

When asked how many

When asked how many containers of hazardous materials were in the water, Homendy said:

"I did see some containers in the water, and some breached significantly on the vessel itself," she said. "I don't have an exact number, but it's something that we can provide in an update."

Homendy said that a preliminary report should be out in two to four weeks.

This post has been updated with more quotes from Homendy.

Bridge did not have any redundancy, unlike the preferred method for building bridges today, NTSB chair says

Baltimore's Key Bridge did not have any redundancy, which is included in the preferred method of building bridges in the present day, according to National Transportation Safety Board Chair Jennifer Homendy.

"The bridge is a fracture critical," she explained. "What that means is if a member fails that would likely cause a portion of, or the entire bridge, to collapse, there's no redundancy. The preferred method for building bridges today is that there is redundancy built in, whether that's transmitting loads to another member or some sort of structural redundancy. This bridge did not have redundancy," Homendy said.

There are 17,468 fracture critical bridges in the United States out of 615,000 bridges total, she said, citing the Federal Highway Administration.

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• Judgments 77440

...Ashok Jindal, Member (Judicial):— The appellants are in appeals against the impugned orders wherein Cenvat credit on Air Travel Agent Services has been denied to the appellant on the..., the Cenvat credit sought to be denied on Air Travel Agent Services to the appellants on the ground that same do not qualify as input services as per Rule 2(1) of CCR, 2004...this Tribunal has allowed the Cenvat credit on Air Travel Agent Service relying on the decision of Sterling Biotech Ltd. Vide final order No. A/12019-12020/2017 dated 16.08.2017 Therefore, relying on...

...tax paid on air travel agent service during the period February 2015 to November 2015 and December 2015 to May 2016. 3. The said Air Travel Agent Services are used for travelling...). 5. I find that admissibility of cenvat credit of the service tax paid on air travel agent service used by the employees for sales/marketing, attending legal issues etc. is covered by the judgment...

...input credit of service tax amounting to Rs. 40,941/- is denied relating to ‘ air travel agent service’. The period involved is February, 2007 to September, 2010.3. The...its provision had been completed before 1-4-2011. In respect of air travel agent service, the learned counsel states that this Tribunal in the case of Goodluck Steel Tubes Ltd. v. CCE..., Noida reported in (Tri.-Del.) has held that the credit on the air travel agent service would be available. The learned counsel also states that the demand is pertaining to the period February, 2007...

...Credit on Rent-a-cab and Air Travel Agent Service. The show cause notice was issued proposing disallowance of the Cenvat Credit on the ground that both these services are used for employees benefit...Port & Special Economic Zone Ltd. 2011 (21) S.T.R. 361 (Guj.) As regard Air Travel Agent Service he submits that these services related to purchase of Air tickets from...the Air Travel Agent for the employees of the appellant . The employees travel through out the country in connection with the core business of the appellant, therefore the Air Travel ...

... Travel Agency Service', 'Tour Operator Service', 'Business Auxiliary Service' etc. and were paying service tax and filing ST-3 Returns. In respect of air travel agent service appellant were paying service...addition to the charges for service of air ticket booking appellant were also collecting small amount as transaction fee in respect of air travel agent service and paid service tax on said transaction...fee treating the same as air travel agent service. Revenue was of the view transaction fee should have been treated as tour operator service and service tax at the rate of 12.36% on such transaction...

...appellant had availed credit of service tax paid on air travel agent service during the period January 2010 to March 2014 (Appeal No. E/10128/2018) and July 2014 to January 2015 (Appeal No. E/10127/2018...). 3. The said Air Travel Agent Services are used for travelling of staff employees for the purpose of procurement of orders marketing and attending various legal issues of the appellant...Revenue reiterated the findings of the Ld. Commissioner (Appeals). 5. I find that admissibility of cenvat credit of the service tax paid on air travel agent service used by the...

...client, by manpower recruitment agency in relation to the recruitment of manpower in any manner; (l) to a customer, by an air travel agent in relation to the booking of passage for travel ...agency from the client in relation to the recruitment of manpower in any manner; (k) in relation to service provided by an air travel agent to a customer, shall be the gross amount charged...by such agent from the customer for services in relation to the booking of passage for travel by air excluding the airfare but including the commission, if any, received from the airline in relation...

...admissibility of cenvat credit in respect of Air Travel Agent Service. 02. When the matter was called out, none appeared on behalf of the appellant. 03. Shri J A Patel...perused the records. I find that the limited issue is that whether the appellant is entitle for cenvat credit in respect of Air Travel Agent service. On going through various judgments cited by...appellant, I find that the issue is no longer res-integra as in various judgments the cenvat credit in respect of Air Travel Agent service has been allowed by this tribunal. Some of the judgments are cited...

...: 20.05.2022 RAMESH NAIR The issue involved is that whether the appellant is entitled for Cenvat credit in respect of Air Travel Agent Service used for the.... 03. Shri G. Kirupanandan, learned Superintendent (AR) appearing on behalf of the revenue submits that Air Travel Agent Service is used for the personal use therefore, the credit is not admissible.... 04. I have carefully considered the submissions made by both the sides and perused the records. From the records, it is found that the Air Travel Agent Service was procured and...

...Denial of CENVAT credit on Air Travel Agent Services to the appellant is challenged in this appeal. 2. As reveals from the appeal memo, appellant is a private.../87248/2018 India by its employees to meet clients and provide necessary advice. CENVAT credit availed by the appellant on Air Travel Agent Services for the period between April, 2011 to March, 2015...submitted that considering the nature of their business which requires travel of the employees for official purpose, Air Travel Agent Service was essential for providing such output services and said...

... agent booking tickets under the category of air travel agent service. He is providing air tickets to clients both under IATA agents and by way of purchasing by other IATA agents on principal to...principal basis. The appellant is an air travel agent and is required to pay service tax on the gross amount collected from the airlines. However, the appellant is discharging their service tax liability...international booking. The word, basic fare is defined in the sub-rule as the part of the airfare on which the commission is normally paid to the Air Travel Agent by the Airlines. The explanation to...

..., Customs and Service Tax (Appeals)-VADODARA-I.3. The short issue involved in the present Appeals is eligibility of CENVAT Credit of the service tax paid on ‘ Air Travel Agent ’ and...(Appeals).4. I find that in the aforesaid judgments, the disputed services viz. ‘ Air Travel Agent service’ and ‘Manpower supply for Gardening service’ on which credit availed, have...

...[Order (Oral)]. - After hearing both sides, I find that Cenvat credit of Rs. 34,428/- availed by the appellants in respect of air travel agent services, stand denied to...following the Larger Bench decision of the Tribunal in the case of ABB Ltd. [ (Tri.-LB)], it was held that the air travel was performed for the purpose of company business. The Service Tax paid on the said air ... air travel was undertaken by the employees in connection with their business.2. I find that the issue is no more res integra and stand settled by various decisions. One...

...Per Archana Wadhwa: After hearing both sides, I find that Cenvat credit of Rs.34,428/- availed by the appellants in respect of air travel agent services, stand denied to them on the...the Larger Bench decision of the Tribunal in the case of ABB Ltd. [2009 (15) STR 23 (Tri-LB)], it was held that the air travel was performed for the purpose of company business. The Service Tax paid on the said ...ground that the said services cannot be treated as input services. Lower authorities have further observed that the appellants have failed to produce any evidence on record to show that the air travel was...

...services of Air Travel Agent . This is SELF USE and not providing any services in nature of ‘Business Auxiliary Services’ to M/s. Amadeus;(ii)    Appellant never informs the clients...commission received falls under the category of Business Auxiliary services. It has further been submitted that the Travel agent who sold the tickets has already paid the service tax under the category of air ...agents. The services rendered by the appellant, as sub- agent of IATA agent is also falling under air travel agency services. Since the commission has already suffered service tax in the hands of principal IATA ...

...submits that in principle CENVAT credit of Air Travel Agent Service is admissible in view of the judgement of the Honble Gujarat High Court in the case of Principal Commissioner vs. Essar Oil Ltd...book, whereunder the details of the employees, who availed the Rail and Air Travel Agent Services in relation to execution of office work of the company, he submits that they are eligible to CENVAT...appellant had produced sufficient evidences before the Ld. Commissioner (Appeals) in support of their claim that the Rail and Air Travel Agent Service had been received by them and used in or in relation...

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Notice of FY 2025 H-1B Cap Initial Registration Selection Process Completion and Cap Season Reminders

H-1B Initial Electronic Registration Selection Process Completed

U.S. Citizenship and Immigration Services has received enough electronic registrations for unique beneficiaries during the initial registration period to reach the fiscal year (FY) 2025 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap). We have randomly selected enough properly submitted registrations for unique beneficiaries projected as needed to reach the H-1B cap and have notified all prospective petitioners with selected beneficiaries that they are eligible to file an H-1B cap-subject petition for such beneficiaries.

Registrants’ online accounts will now show one of the following statuses for each registration (that is, for each beneficiary registered):

• Submitted:  The registration has been submitted and is eligible for selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted.
• Selected:  Selected to file an H-1B cap petition.
• Not Selected: Not eligible to file an H-1B cap petition based on this registration.
• Denied – duplicate registration:  Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.
• Invalidated – failed payment: A registration was submitted but the payment method was declined, not reconciled, or otherwise invalid.
• Deleted: The submitted registration has been deleted and is no longer eligible for selection.
• Processing submission:  USCIS is processing your submission. It may take up to 72 hours for all of your case information to show on the case details page. While it is processing, you will be unable to access your draft.

For more information, visit the  H-1B Electronic Registration Process  page.

FY 2025 H-1B Cap Petitions May Be Filed Starting April 1

H-1B cap-subject petitions for FY 2025, including those petitions eligible for the advanced degree exemption, may be filed with USCIS beginning April 1, 2024, if filed for a selected beneficiary and based on a valid registration.

Only petitioners with registrations for selected beneficiaries may file H-1B cap-subject petitions for FY 2025.

An H-1B cap-subject petition must be properly filed at the correct  filing location (see H-1B Form I-129 Filing Location Change to Lockbox section below)   or online at  my.uscis.gov and within the filing period indicated on the relevant selection notice. The period for filing the H-1B cap-subject petition will be at least 90 days. Petitioners must include a copy of the applicable selection notice with the FY 2025 H-1B cap-subject petition.

Petitioners must also submit evidence of the beneficiary’s valid passport or travel document used at the time of registration to identify the beneficiary.

Petitioners filing for selected beneficiaries based on their valid registration must still submit evidence or otherwise establish eligibility for petition approval, as registration and selection only pertains to eligibility to file the H-1B cap-subject petition.

For more information, visit the  H-1B Cap Season  page.

New Fees and Form Edition

On Jan. 31, 2024, USCIS published a  final rule   that adjusts the fees required for most immigration applications and petitions. The new fees are effective April 1, 2024. Petitions postmarked on or after April 1, 2024 , must include the new fees or we will not accept them. Additionally, there will be a new 04/01/24 edition of  Form I-129, Petition for a Nonimmigrant Worker . There will be  no grace period  for filing the new version of Form I-129 because it must include the new fee calculation.

What to Know About Sending Us Your Form I-129.

• We will accept the 05/31/23 edition of this form if it is postmarked  before  April 1, 2024;
• We will not accept the 05/31/23 edition of this form if it is postmarked  on  or  after  April 1, 2024; and
• We will only accept the 04/01/24 edition of this form if it is postmarked  on  or  after  April 1, 2024.

We will use the  postmark date  of a filing to determine which form version and fees are correct but will use the  received date  for purposes of any regulatory or statutory filing deadlines.

As a reminder, we recently  announced  a  final premium processing fee rule  that increased the filing fee for  Form I-907, Request for Premium Processing Service , to adjust for inflation, effective Feb. 26, 2024. If we receive a Form I-907 postmarked on or after Feb. 26, 2024, with the incorrect filing fee, we will reject the Form I-907 and return the filing fee. For filings sent by commercial courier (such as UPS, FedEx, and DHL), the postmark date is the date on the courier receipt.

Online Filing and Organizational Accounts

On Feb. 28, 2024, we launched new online organizational accounts that allow multiple people within an organization and their legal representatives to collaborate on and prepare H-1B registrations, H-1B petitions, and any associated Form I-907. Information on organizational accounts is available on the  Organizational Accounts Frequently Asked Questions page.

We also launched online filing of Form I-129 and associated Form I-907 for non-cap H-1B petitions on March 25. On April 1, we will begin accepting online filing for H-1B cap petitions and associated Forms I-907 for petitioners whose registrations have been selected.

Petitioners will continue to have the option of filing a paper Form I-129 H-1B petition and any associated Form I-907 if they prefer. However, during the initial launch of organizational accounts, users will not be able to link paper-filed Forms I-129 and I-907 to their online accounts.

H-1B Form I-129 Filing Location Change to Lockbox

Starting April 1, 2024, H-1B and H-1B1 (HSC) Form I-129 petitions are no longer filed directly with the USCIS service centers. All paper-based H-1B and H-1B1 (HSC) Form I-129 petitions are now filed at USCIS lockbox locations. This includes cap, non-cap, and cap-exempt H-1B filings.

We will reject H-1B or H-1B1 (HSC) petitions received at a USCIS service center on or after April 1, 2024. There will be  no grace period  provided.

USCIS has specific mailing addresses for cases that are subject to the H-1B cap. To determine the correct mailing address, please see our  Form I-129 Direct Filing Addresses  page.

If a petition is filed at the wrong location, we may reject the petition. Rejected petitions will not retain a filing date. If we reject a petition because it was filed at the wrong location, it may be refiled at the correct location, or online. H-1B cap subject petitions may be refiled at the correct location, or online, as long as the petition is refiled during the designated 90-day filing window listed on the selection notice.

No More Pre-paid Mailers

As of March 25, 2024, we are no longer using prepaid mailers to send out any communication or final notices for any H-1B or H-1B1 (HSC) petitions. With H-1B intake now occurring at the lockbox or online, we will not be able to use any prepaid mailers for H-1B or H-1B1 (HSC) filings.

The process of printing and mailing H-1B petition approval notices by first-class mail is fully automated. For petitions filed online, myUSCIS account holders will also receive an email or text message notification in their myUSCIS account when there is a case status change on a case in their account, followed by a paper notice by mail.

Receipt Notice Delays

When we receive a timely and properly filed H-1B cap subject petition, the petitioner (and, if applicable, the petitioner’s legal representative) will be provided a Form I-797, Notice of Action, communicating receipt of the petition. Due to increased filing volumes typically seen during H-1B cap filing periods, there are instances where a paper petition is timely and properly filed by mail, but issuance of the Form I-797 is delayed. If you are a petitioner and have confirmation from the delivery service that the petition was delivered, but you have not yet received a Form I-797 confirming receipt of the petition, you should not submit a second petition. If you have confirmation from the delivery service that the petition was delivered and you then submit a second H-1B cap petition for the same beneficiary, you will be considered to have submitted multiple H-1B cap petitions. This will result in denial or revocation of both petitions.

If more than 30 days have passed since the confirmation of delivery and you have still not received a Form I-797, you may contact the  USCIS Contact Center  for assistance.

If you receive notification from the delivery service, or your tracking information suggests that there may be a delay or damage to the package or that the package was misrouted, you should follow the Delivery Service Error Guidance on the  H-1B Cap Season  webpage.

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Delhi excise policy case: Court allows probe agency CBI to question K Kavitha in Tihar jail

The court allowed the investigating officer (io) accompanied by one lady constable/head constable of cbi to visit the tihar jail and interrogate the brs leader..

Listen to Story

Delhi’s Rouse Avenue Court on Friday allowed a request by the Central Bureau of Investigation (CBI) to question and record statements of Bharat Rashtra Samithi (BRS) leader K Kavitha , presently in judicial custody in a money laundering probe related to the Delhi excise policy case.

After an application was moved by CBI today, the court has allowed the Investigating Officer (IO) accompanied by one lady constable/Head Constable of CBI to visit the jail on any of the coming days of this week after giving one day's written notice in advance to the Jail Superintendent concerned.

This was after the CBI told the court that K Kavitha was one of the key conspirators in the collection and payment of upfront money of Rs 100 crores to AAP through accused Vijay Nair and others, in lieu of favourable provisions in the new Excise Policy.

The CBI also informed the court that a notice U/S 41A CrPC was issued to K Kavitha in February this year , to join the investigation, but she did not join the investigation and could not be examined.

While granting permission to examine her, the court has permitted the IO to carry with them one laptop and other necessary stationery articles inside the jail premises for examination/interrogation.

The same will be subject to scrutiny and security checks by the jail authorities, as per rules.