Litigation Newsletter

How to Resolve Disputes on the Road

Learn the most effective way to deal with problems that crop up during your travels.

We've all seen an irate traveler pounding his fist on the counter, face red and temples pulsing, screaming at the nearest available victim about his canceled flight, his shower's weak water pressure, or some other indignity. If your goal is merely to vent your anger, you might consider following his example. If, however, you want to actually resolve your problem, get a grip on your rage and start thinking strategically. Some time-tested principles will help you get results no matter what kind of problem crops up on your trip, from a lost suitcase to a canceled cruise.

Talk to the Right Person

Always try to speak with the right person about your complaint. This may mean reaching the most senior staff person or manager. Don't waste your time and energy talking to someone who has no authority to arrange a solution. If your hotel shower is broken, for instance, complaining to the maid is probably pointless. The maid will call a manager, not a plumber, so you might as well call the manager yourself. And a busy maid might not speak with the manager until hours later, while you and your family get more and more impatient.

On the other hand, don't underestimate the help available from rank-and-file staff.You'll probably get towels and soap more quickly by asking the maid than the manager. Security guards and desk clerks are a good source for certain kinds of information and assistance.

Focus on the Solution, Not on Blame

Angry tirades often reduce your chance of getting assistance. Instead, keep your cool and try to calmly explain exactly what went wrong and how you propose that it be fixed. The adage "You'll get more bees with honey than with vinegar" should be your mantra.

Many people become obsessed with assigning blame for the problem rather than focusing on possible solutions. Worrying about who was at fault is generally a waste of energy, and it derails the discussion away from the ultimate goal of finding a solution. Rather than making a hotel manager defensive by accusing him or her of losing your reservation, try to get the manager on your side so that you can work toward a solution together. If you apologize for your travel agent's apparent mistake, and let the manager save face, you'll almost certainly get a more cooperative and prompt response.

Stay Flexible

It's amazing how people are sometimes so dead-set on a specific solution that they fail to recognize an even better deal when it is offered to them. Don't reject alternative solutions out of hand; try to remain open enough that you can at least briefly consider multiple possibilities. Moving your whole family to the jointly owned hotel next door might initially seem like a real hassle, but it might be worth it if you get a luxury suite with a panoramic view.

Consider Leaving If You Are Still Not Happy

If all negotiations fail and no acceptable solutions have been offered or implemented, you might consider giving up and moving on to greener pastures: change hotels, get off the cruise ship at the next port, or rebook your flight. By refusing to accept a problematic situation, you will strengthen your case for a refund once you get home.

To read and printout a copy of the Form please link below.

Settlement Agreement (Breach of Contract)

You can download a free copy of Adobe Acrobat Reader here.

Copyright 2004 Nolo

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

View Previous Months' Selections