ramsay travel refund policy

• Skip to primary navigation
• Skip to main content
• Skip to primary sidebar
• Skip to footer

TravelAwaits

Our mission is to serve the 50+ traveler who's ready to cross a few items off their bucket list.

US Fly Rights: How to Get Compensated for Delayed & Canceled Flights

• Airports and Flying
• News and Tips
• Travel Tips

Americans have new rights when it comes to receiving compensation for delayed and disrupted flights.

The US Department of Transportation recently passed a new regulation that outlines how and when airlines must reimburse you for disrupted air travel.

It’s called Fly Rights: A Consumer Guide to Air Travel .

The guide includes all kinds of helpful information about how airlines work and what Americans should expect from a journey to the airport, domestic flights, and international flights.

(I didn’t realize that overbooking flights is actually perfectly legal… thank you, Fly Rights.)

But let’s cut straight to the good stuff: Money.

The goal of the Fly Rights regulation is to financially protect Americans from disrupted and delayed flights. Thanks to a new finalization related to reimbursement, the rules work in a flyer’s favor now. You should be automatically reimbursed.

Sounds too good to be true?

It’s not. Here’s how to get compensated for delayed and canceled flights according to the new Fly Rights regulation .

When are passengers owed compensation?

Airlines aren’t always responsible for delays and disruptions. Just because your flight is canceled or delayed, that doesn’t mean you automatically qualify for compensation.

The new Fly Rights compensation policies are applicable only when an airline is at fault.

You are not owed compensation for issues stemming from these problem:

• Poor weather
• Air traffic control under-staffing
• Mechanical issues

But you are owed compensation when an airline contributes to delays, cancellations, and disruptions in these ways:

• Canceled flights
• Significantly delayed flights
• Significantly delayed checked luggage return
• Failure to provide paid add-ons, like extra legroom

How to get compensated for canceled flights

When your flight is canceled, airlines can offer you an alternative form of transportation or travel credits. You can accept these offers—and it’s recommended you do so if you’re traveling under time restraints.

But you will not receive financial compensation if you accept an alternative form of travel or travel credits.

If you do not accept these forms of compensation, then you are automatically going to be refunded for the total that you paid for your flight.

The refund will be applied to your original form of payment within seven business days for credit cards or 20 business days for other forms of payment.

How to get compensated for significantly delayed flights

According to the Fly Rights program, a significant delay covers changes to domestic and international flights.

Here’s what counts as a ‘significant’ delay:

• Delays over three hours for domestic flights
• Delays over six hours for international flights
• Departures or arrivals from different airports
• Increases in the number of connections
• Downgrading passengers to a lower class
• Adding connections that don’t have adequate accessibility for passengers with disabilities

If your flight is delayed according to one of these definitions, then you will be compensated in the same way as you would for a canceled flight.

That means that airlines will automatically reimburse you within seven business days for payments made by credit card and up to 20 days for other payment methods.

How to get compensated for significantly delayed checked luggage return

To receive compensation for a delayed checked luggage return, passengers must file a mishandled baggage report with their airline.

After that, you are eligible for a full refund for your checked bag fee if the luggage is not delivered within 12 hours for domestic flights or up to 30 hours for international flights. Keep in mind that the international rules change according to how long the flight is – but 30 hours is the maximum time you would need to wait.

If you’re eligible for a refund, you’ll be automatically reimbursed according to your original payment method.

What about not receiving paid add-ons ?

If an airline fails to provide you with a paid add-on like extra legroom, a specific seat selection, or Wi-Fi, then you will automatically be reimbursed for the full amount on your original payment method. I’m assuming that only happens if you’ve filed a complaint with the airline, similar to a missing luggage report.

Tay Belgeri is a content writer with global experience. She writes for brands like Santander Bank, PokerStars, DraftKings, and OddsChecker. Her affiliate posts have appeared on AP News, Ranker, Notion, OK! Magazine, and other major sites. She writes about a variety of cultural topics (from sports to high fashion) but specializes in travel. Originally from Missouri, she now lives in Spain. In a few years, she will have spent more time outside the US than inside it. Career highlights: • Selected to present research by the National Council of Undergraduate Research (2014) • Acquired grants for New York City’s first Indigenous Peoples Day Celebration (2015) • Joined OddsChecker’s US Launch team (2020) • Shortlisted for the Foreword INDIES (2021, 2023)

Tropical Storm Helene

Affected Airports - City , State Association:

• Cancun, Mexico (CUN)
• Cozumel, Mexico (CZM)
• Daytona Beach, FL (DAB)
• Fort Lauderdale, FL (FLL)
• Fort Myers, FL (RSW)
• Fort Walton Beach, FL (VPS)
• Gainesville, FL (GNV)
• Grand Cayman, Cayman Islands (GCM)
• Havana, Cuba (HAV)
• Jacksonville, FL (JAX)
• Key West, FL (EYW)
• Melborne, FL (MLB)
• Miami, FL (MIA)
• Mobile, AL (MOB)
• Orlando, FL (MCO)
• Panama City, FL (ECP)
• Pensacola, FL (PNS)
• Santa Clara, Cuba (SNU)
• Sarasota, FL (SRQ)
• Tallahassee, FL (TLH)
• Tampa, FL (TPA)
• Varadero, Cuba (VRA)
• West Palm Beach, FL (PBI)

For complete details View

American Airlines has implemented a special exception policy to our travel partners that is now available for our mutual customers due Tropical Storm Helene. Our Travel Notice exception policies on American are also available when ticketed to/from/through on our Joint Business partners: This applies to both prime and codeshare flights as shown below:

Inventory Requirements

Lowest Inventory, Same Cabin

If original inventory is not available rebook lowest inventory available in the same ticketed cabin. As a reminder, customers that do not hold a Basic Economy fare should never be booked into B inventory.

Basic Economy -

• Must be booked in B inventory only. If B inventory is not available, then an alternate flight must be selected. Advance Purchase and Ticket Change restrictions are waived.

Instant Upsell -

Refer to Travel Notice Policy - Travel Agency Guidelines for rebooking guidelines and Endorsement Box requirement when the customer purchased Instant Upsell (IU) directly with American on aa.com . IU PNRs contain the following SSRs:

• OTHS AGENCY RETAINS CONTROL OF TKT FOR REISSUES
• OTHS INSTANT UPSELL ANCILLARY EMD ISSUED 001xxxxxxxxxx

Refer to Exceptions to Fare Rules .

Note: If customers are unable to rebook or reissue their ticket within the given timeline, they can cancel their reservation and use the value of the ticket toward the purchase of a new ticket; all rules and restrictions apply. Travel must commence no later than one year from the date of original issuance.

Endorsement Box Requirements

• Refer to individual Travel Notice for Event Name
• Ticket Reissue required. This is the only required verbiage and supersedes all other information.

Instant Upsell (IU) tickets must use waiver code: TNADV/IU when rebooking in the Instant Upsell Inventory IU PNRs contain the following SSRs:

Refer to Travel Notice Policy - Travel Agency Guidelines for Endorsement Box requirement when the customer purchased Instant Upsell (IU) directly with American on aa.com .

Changes to Origin/Destination - Not Allowed

• Waive Change Fee
• Ticket reissue for original ticketed fare
• 300 Mile Radius is always allowed, unless otherwise stated in the notice
• Changes to origin/destination are not permitted for the travel notice
• Any changes made to origin/destination all fare rules apply

300-Mile Radius Only - Allowed

• Within same country
• For booking inventory, view Inventory Requirements

Basic Economy Short-haul fares

book in B inventory only.If B inventory is not available, then an alternate flight must be selected.

Changes to Connection City

Changes to Co-Terminal

Changes to Co-terminal and MAC airports on AA Prime and AA*/Codeshare flights are allowed

• Co-terminal & MAC Airports are considered the same routing.  

Reissue Policy Information

American Airlines will waive change fees and travel agents may rebook and reissue tickets provided the below guidelines are met and applied:

• Ticket issued on the following ticket stock: AA 001, AY 105, BA 125, El053, IB 075, JL 131, QF 081
• Applies to AA*/ one world flights
• Travel has not commenced on the affected flight segment and the ticket has not been reissued by American Airlines
• The first departure flight is more than 2 hours away
• Affected coupons are in OK status
• Travel reissuance only in accordance to dates identified in the applicable Travel Notice Exception Advisory
• More than one change allowed without an additional collection, including penalty or change fee within the Travel Notice dates
• Original issuing agency responsible for ticket reissue
• Ticket Revalidation not permitted
• The return travel must be booked in the original class of service (inventory)
• Refer to Extend Travel Rebooking after the Travel Event
• Basic Economy must be rebooked in the appropriate Basic Economy inventory
• Please ensure the above procedures are accurately followed to prevent debit memo issuance

Rebooking - Exception to Fare Rules

Exception to Fare Rules: All fare rules apply with the exception of the following:

• Advance Purchase requirement waived
• Minimum/Maximum Stay requirement waived
• Change Fee waived
• When changes to the outbound travel occur, the unaffected return date may be changed to protect the original length of the trip. The return travel must be booked in the original class of service (inventory).

SalesLink Request

• Rebook flights in compliance with Travel Notice Exception Policy
• Log-in to SalesLink at www.saleslink.aa.com
• Request Type: select 'Service'
• Input AA PNR
• Waiver Type: select 'Travel Notice'
• Travel Notice: select applicable Travel Notice event name
• Select 'Next' - and complete request
• Verify: SalesLink approval remarks in PNR
• New Ticket Endorsement Box: Enter event name only
• Ticket Reissue required

Endorsement Box requirement: 24SEP24A or the exchange will be subject to a debit memo

Extend Travel Rebooking Guidelines

If customers are unable to rebook within the New Travel Dates, may reschedule their reservation to/from the same city or alternate cities and reissue their ticket with the below guidelines:

• Cancel their itinerary and apply the value of the original ticket towards the purchase of a new ticket for travel commencing within 1 year from the date of original issuance
• Change fee only is waived as long as the original ticket is reissued within ticket validity and the impact dates are in accordance with those identified in the Travel Notice
• Basic Economy fares may only be used towards the purchase of other Basic Economy fares.
• Residual MCO's are not allowed when using the TNADVE waiver code for reissue.
• Extend Travel Rebooking does not apply to tickets in conjunction with Instant Upsell (IU)

Refund Policy Information

When the flight is cancelled or the length of delay is 91+ minutes , travel agents may refund ticket(s) through normal GDS/ARC/BSP processing. Refer to our Schedule Irregularity policy for delays 90 minutes or less.

• Refund To Original Form Of Payment - All penalties/fees waived
• Non-Refundable Fare
• Refundable Fare with cancellation Fee
• Basic Economy Fare
• Bulk/Opaque Fare

Note: If the ticket has been exchanged by American as an INVOL submit the refund request directly with American. Refer to American Airlines Refunds .

When the flight is not cancelled or the length of delay is 90 minutes or less , a refund does not apply:

• If customer elects to cancel their reservation and use the value of the ticket toward the purchase of a new ticket outside the Travel Notice dates; may use Extend Travel Rebooking or may hold ticket for future travel; all rules and restrictions apply.
• Travel must commence no later than one year from the date of original issuance.

En route/Diversion

• Connecting customers' en route to one of the above-listed destinations or whose flights are diverted will have the option to return to their original departure city and rebook travel to alternate future dates.
• Customers should work directly with the airport to obtain a boarding pass for return travel to their original departure city. If the customer wishes to rebook travel to alternate future dates, please contact American Airlines Reservations for assistance. Alternatively, they may receive a refund if re-accommodation options are unacceptable.
• If a ticket has already been reissued by American Airlines or the ticket is partially used, travel agents must submit the refund request online at https://prefunds.aa.com/refunds/

American Airlines will continue to monitor this Travel Notice Exception Advisory and adjust this policy if needed. Changes will be posted on AA.com and www.saleslink.aa.com reference. Please check these sources frequently for the most up to date information.

• www.saleslink.aa.com Reference: Select Travel Notice Policy - Travel Agency Guidelines
• Visit www.saleslink.aa.com and navigate to AA News and Offers to view current travel notices.
• Contact your Sales Support Center 800-621-8489 or American Airlines Reservations 800-433-7300 (U.S. and Canada) or for Reservations outside the U.S. and Canada, please see our Worldwide Reservations Numbers American Airlines encourages all customers to check flight and gate status prior to leaving for the airport. For complete travel information, visit AA.com .
• Group reservations must be changed by AA Group & Meeting Travel
• Information contained on this web site is subject to change at any time without notice. American Airlines shall not be liable for any consequences resulting from your reliance on the information.

We're here to help.

Don't worry, the value of your ticket is safe if your flight is canceled..

• Wait and call when you're ready to rebook. (You'll be able to apply the value of your ticket and seats to a new trip.)
• Request a refund, or check the status of your request.

If you canceled within 24 hours of booking and at least 2 days before departure, we'll process your refund automatically.

We're processing a high volume of refund requests

Keep in mind:

• Not all tickets are eligible for a refund.
• Allow 7 business days for your refund if you paid by credit card.
• Our coronavirus travel updates page has the latest information about refunds.

Coronavirus travel updates

You can check your refund status on this page anytime.

• Refunds - Start Over

Important Refund Notice

Please note that separate refund requests must be submitted for each product for which you would like to request a refund. See instructions for submitting a refund request below.

Paper Ticket Notice

For Regular Mail: American Airlines Attention: Passenger Refunds 4000 E. Sky Harbor Blvd. Phoenix, AZ 85034

• Request a Refund

Boarding Passes

We have a few different types of paper tickets. Please see examples below.

Receipt Received by Email

On an email receipt, the airline code and ticket number is located in the middle of the page.

Check Your Refund Status

Tickets issued with aadvantage miles.

Enable JavaScript

Please enable JavaScript to fully experience this site. How to enable JavaScript

Travel alerts

When severe weather or other uncontrollable events impact your flight and travel dates, you may be able to change your trip with no change fee.

We understand you may have questions about your upcoming travel. We’re working around the clock to care for you on your travel journey.

Current travel alerts

Information current as of September 25, 2024

If you're traveling to / through / from:

• Asheville, North Carolina (AVL)
• Atlanta, Georgia (ATL)
• Augusta, Georgia (AGS)
• Birmingham, Alabama (BHM)
• Charleston, South Carolina (CHS)
• Charlotte, North Carolina (CLT)
• Chattanooga, Tennessee (CHA)
• Columbia, South Carolina (CAE)
• Florence, South Carolina (FLO)
• Greenville / Spartanburg, South Carolina (GSP)
• Hilton Head, South Carolina (HHH)
• Huntsville, Alabama (HSV)
• Johnson City, Tennessee (TRI)
• Knoxville, Tennessee (TYS)
• Myrtle Beach, South Carolina (MYR)
• Nashville, Tennessee (BNA)
• Savannah, Georgia (SAV)

Your change fee is waived if you:

• Are traveling on an American Airlines flight
• Are booked in any fare class, including Basic Economy
• Bought your ticket by September 24, 2024
• Are scheduled to travel September 25 - 28, 2024
• Can travel September 25 - October 5, 2024
• Don't change your origin or destination city
• Rebook in the same cabin or pay the difference

Keep in mind:

• Changes must be booked by September 28, 2024
• Travel must be completed within 1 year of original ticket date; difference in fare may apply

Change your trip

If your trip is eligible, you can make a one-time change online. Here's how:

Find your trip

• If your trip is eligible, you'll see the option to 'change trip' in the toolbar

Contact Reservations

If you can't change your trip online, call Reservations for help.

• Tel Aviv, Israel (TLV)
• Bought your ticket by February 11, 2024
• Are scheduled to travel October 7, 2023 - March 29, 2025
• Can travel October 26, 2024 - April 29, 2025
• Cancel your trip and request a refund
• Changes must be booked by March 29, 2025
• Caxias do Sul, Brazil (CXJ)
• Chapeco, Brazil (XAP)
• Passo Fundo, Brazil (PFB)
• Pelotas, Brazil (PET)
• Porto Alegre, Brazil (POA)
• Santo Angelo, Brazil (GEL)
• Bought your ticket by May 6, 2024
• Are scheduled to travel May 6 - October 21, 2024
• Can travel May 12 - November 11, 2024
• Change your origin and destination to: Canoas Air Force Base, Brazil - Alternative for Porto Alegre (QNS), Caxias do Sul (CXJ), Chapeco (XAP), Florianopolis (FLN), Navegantes (NVT) Passo Fundo (PFB), Pelotas (PET) or Santo Angelo (GEL); difference in fare may apply
• Your ticket must be issued by American (ticket number starts with 001)
• Changes must be booked by October 21, 2024

You may also like...

• Check your flight status
• Mobile and app
• Sign up for flight notifications

• Book a Flight
• Manage Reservations
• Explore Destinations
• Flight Schedules
• Track Checked Bags
• International Travel
• Flight Offers
• Low Fare Calendar
• Upgrade My Flight
• Add EarlyBird Check-In
• Check Travel Funds
• Buy Carbon Offsets
• Flying with Southwest
• Book a Hotel
• Redeem Points for Hotels
• More Than Hotels
• Hotel Offers
• Best Rate Guarantee
• Rapid Rewards Partners
• Book a Vacation Package
• Manage My Vacation
• Vacation Package Offers
• Vacation Destinations
• Why Book With Us?
• Book a Cruise
• Manage My Cruise
• Cruise Offers
• FLIGHT STATUS
• CHANGE FLIGHT

Core Power Fairlife Elite 42g High Protein Milk Shakes For kosher diet, Ready to Drink for Workout Recovery, Chocolate, 14 Fl Oz (Pack of 12), Liquid, Bottle

eos Shea Better Body Lotion- Vanilla Cashmere, 24-Hour Moisture Skin Care, Lightweight & Non-Greasy, Made with Natural Shea, Vegan, 16 fl oz

Homemory 12-Pack Flameless LED Tea Lights Candles Battery Operated, 200+Hour Fake Electric Candles TeaLights for Votive, Aniversary, Wedding Centerpiece Table Decor, Funeral, Halloween, Christmas

Neutrogena Makeup Remover Wipes, Ultra-Soft Cleansing Facial Towelettes for Waterproof Makeup, Alcohol-Free, Plant-Based, Twin Pack, 25 Count (Pack of 2)

Mighty Patch™ Original patch from Hero Cosmetics - Hydrocolloid Acne Pimple Patch for Covering Zits and Blemishes in Face and Skin, Vegan-friendly and Not Tested on Animals (36 Count)

LEAVE A REPLY

Log in to leave a comment

Share post:

Alessia Zecchini Breaks World Record

Unbelievable: new freedive record depth, stunning uss albacore photos: explore the submarine’s legacy, exploring the garmin descent mk3i: a dive watch game changer, discover high dopamine hobbies: boost your mood, more like this related.

• Entertainment
• Beauty & Style
• Home & Garden

Nick Lachey is your news, entertainment, music fashion website. We provide you with the latest breaking news and videos straight from the entertainment industry.

© 2024 NickLachey All Rights Reserved.

Flight cancellations and refunds

Learn how to cancel your flight booked through capital one travel and how travel refunds work..

If you need to request a cancellation for your flight booked through Capital One Travel , you should follow these steps:

1. Sign in to Capital One Travel and click the menu button in the top right-hand corner.

2. select my trips., 3. click on the trip you’d like to cancel., 4. select cancel flight and follow the on-screen steps..

• If you’ve added the option to cancel your flight for any reason, look for the button that says Cancel for Any Reason. 
• If you booked with a low-cost carrier—like Spirit Airlines or Ryanair—the booking is managed directly by the airline. Contact the airline to cancel. 
• If you call customer service, you may be asked for a confirmation code. You can find this information either in your confirmation email or by signing in to Capital One Travel and then going to the My Trips tab. Please note that you will have a confirmation code from Capital One Travel as well as a separate confirmation code from the airline.

Example email from Capital One Travel with confirmation codes for upcoming flight.

Travel refunds on flights

All Capital One Travel refunds on eligible flights are sent back to the original payment method. You typically receive your refund within one or two billing cycles.

Here’s how refunds works by payment method: 

Capital One rewards only: Your refund will be returned entirely as rewards. 

Credit card only : Your refund will be issued back to your card account. 

A combination of rewards and credit card : You’ll be refunded in both rewards and on your credit card, proportionally to how you originally paid. Here’s an example: If your original payment was 60% on your credit card and 40% rewards, a $100 refund would be returned as $60 credit to your card and $40 worth of rewards.

Capital One travel credit : If you used a travel credit to pay for some or all of your booking, you’ll receive that same amount back in travel credit for future use. If a purchase made using an annual travel credit is canceled after the expiration date of the credit, the credit will not be restored.

Cancellation requests and timing for refunds

If you made a booking within the past 24 hours, you may be eligible to cancel with no penalties by calling 844-422-6922 . 

When you submit a cancellation request, allow 48 hours for it to be processed and confirmed by email. 

Refunds for canceled flight bookings are always at the discretion of the airline. Capital One Travel only processes cancellations authorized by the airline. 

When you book a trip, your confirmation email will say whether your booking is refundable. You can find that information under “Cancelation and Changes” at the bottom of your confirmation email.

Need more help? Check out all Capital One Travel help topics or give us a call at 844-422-6922 .

What if I don't see the option to cancel through Capital One Travel?

You may need to cancel directly with the airline for some bookings. If you don't see the option to cancel through Capital One Travel, please call our support team at 844-422-6922.

How long do I have to submit my cancellation request?

You need to submit your request before your scheduled departure. Keep in mind that it may take up to 48 hours for your request to be processed and confirmed by email. As long as you submit the request before your departure, you don't need to worry if your departure date passes by the time you receive the confirmation email.

When will a refund show up in my account?

Give your refund one or two billing cycles for processing.

Do I qualify for free same-day cancellation?

You may be able to cancel your booking for free on the same day you made it. Most bookings made within 24 hours qualify. But there may be some restrictions.

If your booking does qualify for free cancellation, the pending charge for the flight will either drop from your account or be refunded to your original payment method within one or two billing cycles. You’ll receive a confirmation email as soon as the cancellation is processed.

In some cases, if you cancel your booking before the departure date, the airline may offer a future travel credit.

Related Content

What to do if your flight is delayed or disrupted.

Find out if your trip is delayed, disrupted or changed, through Capital One Travel or directly through the airline.

How to use your travel credits

Learn how to use your travel credits for new bookings through Capital One Travel.

Learn about Capital One Travel Benefits

Suggested companies

Hays travel, affordable luxury travel, loveholidays.

Ramsay World Travel   Reviews

In the Travel Agency category

Visit this website

Company activity See all

Write a review

Reviews 4.7.

1,112 total

Most relevant

Disney Booking

I'm really impressed with everything Corrie has done for us. She went out of your way to help us and I know bookings with disabilities are more time consuming. But she has made something stressful a lot easier for us and kept us updated on what was going on every step of the way. She went above and beyond to ensure everything was put in place for us for our holiday at the airport and hotel. I will defo book in the future and be recommending you to friends and family! Thanks Corrie (dunfermline branch)

Date of experience : January 16, 2024

Paul was extremely helpful and patient

Paul was extremely helpful and patient. It was a challenge but he managed to get us almost the same holiday as we had had recently cancelled. It was unbelievable that we were able to go away just a month after we had our booking cancelled thanks to his perseverance.

Date of experience : March 14, 2024

Highly Recommend

I can’t praise Daniel at Ramsay World Travel Stirling enough for all his help in getting our upcoming holiday booked especially as we made changes which gave Daniel extra work. This our second holiday booked through Ramsay and it won’t be our last,I highly recommend them.

Date of experience : October 28, 2023

This will be my second holiday Iv…

This will be my second holiday Iv booked through Ramsey Travel and I have to say Michael has been amazing and very helpful with everything regarding are holidays 😊

Date of experience : July 31, 2024

Excellent Customer Services

First time using Ramsay Travel and certainly won't be the last. Very professional and amazing prices during term time. Thanks to l the team for your help booking our family holiday.

Date of experience : May 08, 2024

Very friendly, knowledgeable and helpful service

Laura was Very helpful and friendly. Provided information regarding our enquiry quickly and was always available to answer our questions. Laura had great knowledge about our holiday/cruise enquiry. Many thanks

Date of experience : April 26, 2024

Booking your dream holiday this is the place

Nick was amazing he put so much effort into to making sure we got what we wanted. Used Ramsay's a few times now would always recommend we are looking forward to our once in a lifetime trip

Date of experience : January 11, 2024

Great Service

Great service, speedy, professional and informative. Couldn't have asked for anything more. This being my 1st booking via Ramsay World Travel & will not be my last. 🙂

Date of experience : May 09, 2024

Excellent Service

Chris our agent was excellent and quick at getting back to us, goes without saying, we booked our next ho,I day with Ramsay Travel

Date of experience : June 29, 2024

Stay clear of Dundee Ramsay Travel

Never will I ever use this company again. After asking to change holiday dates on an Easyjet booking, which I already paid £375. The holiday on Easyjet was £1200, Ramsay Travel wanted me to pay £1500 plus the £375 I had already paid. I understand they need to make a profit but £675 dearer than the online booking? ???? ?? NEVER..... ROBBERS... NEVER AGAIN..

Date of experience : February 01, 2024

Everyone that I dealt with at Ramsay…

Everyone that I dealt with at Ramsay were really happy to help. No question was too difficult and I wasn’t made to feel like I was irritating for asking too many questions. Eilidh and Kirsty both helped with us planning our holiday and we want to thank them. The deal we got for the holiday was fantastic. At this point everything has been smooth sailing! Thanks!

Date of experience : October 21, 2023

So had rome booked for months

So had rome booked for months, due to go in December 23, Ryanair changed the return flight to a day later which wasn't feasible as I had work commitments. I've had to fight Ramsay World Travel Dundee for my money back, this was fully refundable but they insisted they couldn't pay it back as they had paid Ryanair and had to wait for the funds coming back. Nonsense that is, then cause I wasn't willing to accept that they paid in £441 of what was paid. But stated I'll need to apply to Ryanair to get the remaining balance of £277. Terrible company to deal with and I'll never use them again.

Date of experience : October 06, 2023

Ramsay Travel Aberdeen

Have dealt with Ramsay Travel (Aberdeen) for many years now and have found them to be very efficient and helpful. They have always given us good recommendations for well situated hotels, pre holiday, which have been very comfortable. They also try to give us alternative suggestions to save us money etc.

Date of experience : September 04, 2023

Great personal service

Everyone here was very helpful in helping plan my holiday. Alan had some great tips for what to do in Disneyland as he had recently been. Great personal service. Would book with them again.

Date of experience : April 17, 2024

Great Service and Competitive Prices

Due to a sudden and unexpected illness we had to cancel our 12 night European Explorer at short notice. We discussed the options with Ewan who was professional and efficient in helping us rebook the same holiday for later in the year. We have used Ramsays World Travel on a couple of occasions and their service is always first class and their prices are competitive.

Date of experience : January 30, 2024

Excellent agents

Excellent knowledge, a thorough and prompt response to my multi-centre holiday search, considered all my requests and changes with no hesitation and delivered the best package at a reasonable price!!! Super service as always. Trustworthy company. No where better in my opinion (frequent flyer, like to check out all options and websites) Thank you Ramsay Travel!

Date of experience : February 02, 2024

Easiest holiday I have booked have been dealing with Euan and he…

I have been dealing with Euan and he has been great. Emails replied to very quickly. Everything explained and holiday booked. He even found a golf course for my Son. bsolutely delighted.

Fantastic Service

Just booked our third trip through Ramsay Travel, Aberdeen. Our requirements were really listened to and Paul went above and beyond to find us the perfect deal. Fantastic service.

Date of experience : February 15, 2024

Paul has gone above and beyond to help reschedule our holiday. He has been so helpful and understanding. It was much appreciated

Date of experience : July 01, 2024

5 star customer service

This is the 3rd time I've booked with ramsays travel. The customer service is fantastic, they are so helpful and quick to respond with queries! Very reasonable family holiday booked for summer next year. I can't wait!

Date of experience : November 22, 2023

Get expert insights delivered straight to your inbox.

Do I Need Travel Insurance?

5 Min Read | Sep 27, 2021

Vacation is so close you can almost taste it. The feeling of freedom in the air, the sun shining on your face, and the road trip tunes blasting from your car stereo. You’re ready to get out of town and you don’t care who knows it! But then you remember the last time you tried to take a vacation—back when COVID shut down the entire world and your trip was canceled with no warning. That sure sucked. You don’t want that to happen again if you can help it. So you wonder, Do I need travel insurance? If that’s you, then hop aboard. We’re about to get to that question and a whole lot more . . .

What Is Travel Insurance? 

Travel insurance is a lot like other insurances you use, except this one covers costs and losses from your travel (either throughout America or internationally). In a pre-COVID-19 world, people didn’t think about travel insurance too much—only 38% of people took it out back in 2018. 1 But then COVID hit, and now everyone kind of wonders if the plug will be pulled on their vacation. And if it does, travel insurance will help you recoup the costs you put out.

The main thing travel insurance covers is your trip being canceled or interrupted for some reason. But some options even cover things like lost baggage, medical expenses, damage to rental cars and paying your ransom (seriously ) ! They’ll basically handle everything for you like you’re in an action movie—except for coming to your aid to rescue you.

Do I Need Travel Insurance Before Going on Vacation? 

The short answer here is—no. You definitely don’t need to take out travel insurance every time before you head out of town on vacation. Normally, we’d say travel insurance falls into the gimmicky category. But if you’re worried about it, the best thing to do is check with your current coverage, see what you’ve got, and compare that to what you think your risk might be.

If you think there’s a high chance your trip could be derailed by sickness (hi, COVID) or even a location’s travel restrictions (hi again, COVID), then yeah, you might need it for this trip. But save yourself some money and don’t just grab travel insurance on a whim every single time you’re skipping town.

Let’s say your four-night vacation to another state is setting you back about $600. That’s a lot of money. But not nearly as much money as a 10-day trek through France costing $4,000. The higher the price of your vacation, the more likely you might need that travel insurance. But for a 600-buck trip in the states, you can probably just go without. If you just like the flexibility of being able to change your plans, then book a hotel that will let you cancel your reservation right up until the day of check-in.

If you do think your travel plans could change, then maybe you should rethink where you’re traveling to. Staying closer to home with a cheap vacation can be easier on your budget, your family’s mood and your sanity. It’s worth a shot to see what vacation spots are open and aren’t too far from your neck of the woods.

Should I Be Going On Vacation? 

Well, if you have to ask us, then maybe not. Okay, before we dive into things, we have to say this—if you’re looking into travel insurance, that means you’re getting ready to go on vacation. That’s awesome! Adventure awaits! But just be sure taking this vacation is the right thing to do for where you’re at on the Baby Steps . Don’t take a 10-day trip to Europe when you’re still paying off your student loan debt. Just don’t. Keep in mind what step you’re on before you get too excited about a possible a vacation.

What Is Travel Medical Insurance? 

Travel medical insurance is insurance that covers emergency medical issues that happen while you’re on vacation. And no—stubbing your toe on hotel room furniture in the middle of the night doesn’t count. But if you get a killer case of food poisoning after chowing down on all-you-can-eat sushi and are rushed to the ER, then travel medical insurance would have your back. Most of the time, travel medical insurance covers things like ambulance costs, emergency room visits, your hospital stay and other medical expenses like that.

 Do you have the right insurance coverage? You could be saving hundreds! Connect with an insurance pro today!

It might not be the first thing you think of when making your vacation travel checklist , but having travel medical insurance might be worth looking into.

Do I Need Travel Medical Insurance?  

Your regular health insurance should cover you, but don’t just assume it will. Go ahead and check with your insurance provider before you book your trip. Find out what your normal medical health insurance covers as far as out-of-network costs and those kinds of things.

If you’re planning on traveling internationally, be sure to ask about how your insurance would cover those out-of-network costs at a hospital in a different country. If your current coverage isn’t good enough for your international trip, then you should look at travel medical insurance and decide if it’s best for your situation.

Do You Have the Right Amount of Insurance?

So, do you need travel insurance? That’s the question. When it all boils down to it, you need to do what’s best for you and your specific situation. And hey, we get it—trying to decipher your insurance coverage can be confusing. If you’re super lost and need some trusted help, contact one of our Endorsed Local Providers (ELPs) . They’ll help you find the right insurance coverage that you need while finding you ways to save money on it too. The average person who uses an ELP ends up saving $700 on their insurance. Now that’s enough to go on a pretty swanky vacation.

Did you find this article helpful? Share it!

About the author

Ramsey Solutions

Ramsey Solutions has been committed to helping people regain control of their money, build wealth, grow their leadership skills, and enhance their lives through personal development since 1992. Millions of people have used our financial advice through 22 books (including 12 national bestsellers) published by Ramsey Press, as well as two syndicated radio shows and 10 podcasts, which have over 17 million weekly listeners. Learn More.

The Average American’s Monthly Expenses

See how much the average American spends each month—and how your own spending stacks up.

Dave Says: Wait and Save Up

I follow your advice and live on a budget, but it’s really hard to save up for a down payment on a house because property is so expensive on the West Coast. My family thinks I should buy a cheaper property back home, fix it up and flip it...

To give you the best online experience, Ramsey Solutions uses cookies and other tracking technologies to collect information about you and your website experience, and shares it with our analytics and advertising partners as described in our Privacy Policy. By continuing to browse or by closing out of this message, you indicate your agreement.

How I used Chase's trip cancellation coverage to recoup $800 in non-refundable airfare

Update: Some offers mentioned below are no longer available. View the current offers here .

When you are a parent, life is sometimes going to interrupt even the best-laid plans. A few years ago, I was scheduled to present at a conference when my then-infant caught one of her first real illnesses, making it impossible to leave her or take her along as we had planned.

While deciding to skip the trip was easy regardless of any potential financial hit, once things stabilized with the kiddo, I did want to try and recoup the $800 in nonrefundable airfare.

Thankfully, I learned years ago to pay attention to which credit cards I use for airfare purchases to secure built-in trip interruption and cancellation coverages for unexpected surprises without having to purchase separate trip insurance. Thanks to that, I ultimately was able to both take care of my sick kid and get the $800 back.

Being aware of trip protection coverage is important across the board. Still, the more family members you have, the higher the chances that something will eventually happen and cause a trip to get canceled or delayed. Many Chase travel credit cards have built-in trip protections, but for the purposes of this post, I will quote from the Chase Sapphire Preferred Card benefit's guide since it is a great all-around travel credit card that I think many of us have.

Details of Chase's trip cancellation insurance

With the Chase Sapphire Preferred Card, trip cancellation insurance will reimburse you or your immediate family members up to $10,000 per person (for a maximum of up to $20,000 per trip) if a covered loss prevents you from departing on your trip and results in cancellation of travel arrangements. For trip insurance to kick in, you must have charged at least "a portion of the cost for the travel arrangements to your account."

In this case, the covered loss we are using is "accidental bodily injury, loss of life, or a sickness experienced by you, a traveling companion, or an immediate family member of you or a traveling companion."

It also states that if a physician has advised that making the covered trip is medically inadvisable, you must immediately notify the appropriate travel supplier that you are canceling your travel arrangements. If you don't notify the supplier, reimbursement will not exceed the cancellation penalties imposed during the period by the supplier.

To recap, we used the Chase Sapphire Preferred Card to purchase the airfare; we had a sick immediate family member and canceled the flights right after learning she should not fly based on her doctor's advice. Check, check, check, and so far, so good. There were documents required to activate the coverage, most of which are easily obtained and pretty common sense, but there are a few curveballs in the process that I wasn't totally expecting.

Related: Best credit cards that offer trip delay reimbursement

Documents needed to file a trip cancellation claim

• Completed and signed claim form
• Travel itinerary
• Documentation confirming the reason for trip cancellation or interruption (e.g., medical documents, death certificate, etc.)
• Credit card account statement (showing the last four digits of the account number) reflecting the charge for prepaid travel arrangements (for trip cancellation), and proof of expenses incurred (for trip interruption)
• Copies of the cancellation or refund policies of providers involved in the trip, such as the common carrier, tour operator or travel supplier
• Proof of expenses incurred due to a trip interruption
• Any unused vouchers, tickets or coupons

At the time, I took my baby both to urgent care and to her pediatrician in the 24 hours before making a claim. Since I knew I would probably need some documentation of her illness for the trip cancelation, I had her pediatrician write a brief note while I was there indicating the date, the illness and that she cannot fly in her condition as she was originally set to go with me since she was still nursing.

Physician's form for trip cancellation coverage

I was hoping that would be sufficient documentation, but there was a specific form that the physician also needed to complete that asked the following:

• Date of accident, injury or illness (MM/DD/YY)
• Date of first treatment or onset (MM/DD/YY)
• Please describe the nature of the patient's injuries or illness
• Was this a referral from another doctor? If yes, date of referral (MM/DD/YY)
• Was the patient hospitalized? If yes, please list the names and location of all hospitals and all admission/discharge dates.
• Was the patient recommended by you to curtail their trip/travel due to this condition? If yes, please state the travel restriction dates advised.
• Did this travel restriction affect any other family members or travel companions? If yes, why did family member/travel companion need to curtail their travel?
• Did the patient have any condition (including pregnancy) prior to trip booking that contributed to their present condition? If yes, please describe at what date did patient originally begin treatment with this previous condition, and was the patient's previous condition stable at least 60 days prior to booking the trip? For pregnancy, state the estimated due date.

Related: Your guide to Chase's trip insurance coverage

Credit cards with built-in trip protections

While the Chase Sapphire Preferred is a great entry-level rewards card that confers some built-in trip protections, it's not the only option out there. Here are some other cards that also offer some built-in trip protections when you use them to book travel.

Be sure to read our full guide on our top travel credit cards with built-in trip protections. Also, consider the other travel protections that come with cards, such as lost or delayed baggage delay insurance, primary car rental insurance and more.

Bottom line

It takes time to make a trip protection claim, but it can be worth it if it puts money back in your wallet when you may need it most. This was not my only trip protection claim. We made a $1,000+ claim when flights were canceled and we got snowed into Colorado around the pricey New Year's Eve holiday week, also thanks to a Chase card, and also with the same positive resolution.

I highly recommend booking travel using the card in your wallet that confers the best protection or adding a card like that to your wallet if you don't currently have one that will back you up if things go wrong.

Additional reporting by Stella Shon.

For rates and fees of the Amex Platinum, click here.

Ramsay World Travel

Location & Hours

Suggest an edit

6 Whitehall Crescent

Dundee DD1 4AU

United Kingdom

Amenities and More

About the business.

34 years experience of making your dream holiday a reality. Offices in Stirling, Dundee, Lochee, Perth, Kirkaldy, Dundee and Aberdeen. …

Recommended Reviews

• 1 star rating Not good
• 2 star rating Could’ve been better
• 3 star rating OK
• 4 star rating Good
• 5 star rating Great

Select your rating

Overall rating

If I could leave a -5* review, I would. We booked a 13 Euro Rail Trip to Budapest, Vienna, Prague and Berlin in December through Ramsay Travel. Only 1 x 20kg checked suitcase (for a couple) and 2 x cabin bags were included in the cost (£1,518). However, upon arriving at the boarding gate, we were faced with an additional charge of £46 for the cabin bag as we were only booked to have a small personal bag each. We then had to add 1 x cabin bag to our return flight as we faced the same problem, resulting in another additional charge of £27.99. We raised this issue with Ramsay Travel immediately and were made to feel as though this was our error for misunderstanding their advertisement when it clearly said cabin bags were included. Not once did they ask for photo evidence of what we had with us to ensure it was in line with Ryanairs cabin bag policy. After sending proof of what Ryanair class as cabin bags, our complaint was escalated to head office, who immediately responded saying that no refund would be given. The receipts for these charges were sent to a private Ramsay Travel email, and we have now requested twice for the receipts to be sent to us. Both times have been answered saying they had been sent, but nothing has been received. Upon arriving at our hotel in Budapest, the hotel was old, run down and not well maintained. We were booked into a twin room (for a couple) and one of the beds were broken. We spoke to the receptionist, who just asked if it could be slept on and would try get someone to fix it... after 2 nights, I suffered back pain and 2 uncomfortable sleeps. We then had rail travel booked from Budapest to Vienna, upon boarding the train, we came to realise that no seat reservations had been made. The train was extremely busy and we were forced to stand for the journey, which is not a short rail journey at 3 hours 30 minutes, may I add. As a fellow Travel Co-ordinator, I would never dream of booking rail travel for clients and I am absolutely appalled that this happened, especially given that reservations would not have cost much. We then arrived in Vienna, and again the hotel was extremely aged and not well maintained. The pillows in the room were very soft, and after asking the receptionist if it would be possible to have additional pillows, were told "no, wait until morning, I don't know where they are". Another night with a poor sleep. After 1 night, we noticed that there was a fly infestation in the bathroom, which resulted in us having to be changed rooms. Our train from Vienna to Prague also did not have seat reservations, and we had to pay an additional £6 to make these reservations as we did not like the idea of standing on a busy train for nearly 5 hours. Same again for our train from Prague to Berlin, which was another additional cost of £5. At such a low cost to add seat reservations, it begs the question why could Ramsay Travel not have booked these in the first place? In the response from head office regarding this aspect of our complaint, it is stated that "seat reservations were not part of the package price", at no point were we made aware of this and I would expect a seat reservation to be made for such a long journey. This is without a doubt, the worst holiday I have ever been on and feel extremely let down by the Ramsay Travel staff, and disgusted at the lack of professionalism and standards that they set. We had also booked a trip to Thailand back in January through Ramsay Travel and airport transfers were booked for the wrong arrival and departure flights... sums up the staff to be honest. No attention to detail what-so-ever. Never again will I book a trip through Ramsay World Travel, I wouldn't trust them to book a train from Edinburgh to Glasgow. I strongly recommend NOT using their service.

PLEASE DO NOT USE THESE PEOPLE TO BOOK YOUR HOLIDAY.......!!! After booking with them last week for a family holiday and parting with a substantial amount of cash, when the booking details came through they were not what was requested..... although there a 3 people travelling I only have a double room...and not the family with the balcony I requested....only 2 people booked on the flight...and although I requested them together they are not... i am now having to deal with head office as the agent refuses to take my calls or get back to me... this can take up to 28 days for a result. ... this is for sure going to cost me more money!!!...and because they do not record their calls...it's his word against mine .....I am disgusted with the service so far and quite frankly should have used my gut instinct and not booked after last year's error resulting in a 7 hour delay as transfers were booked for the wrong day!!! ....PLEASE BOOK IN PERSON....CHECK ALL YOUR DETAILS THOROUGHLY BEFORE YOU PART WITH YOUR CASH....OR IT WILL COST YOU !!!!

Overcharged by £200 for a trip. Danny from their office in Perth tried to blame someone else but was surprised when I showed him the invoice I had from them that was £200 cheaper. I was then told by their assistant manager that I would get a cheque through the post from their head office in Dundee by Wednesday. Surprise surprise no cheque. I have now been in contact with my bank and police because of this fraud. My best advice is to avoid Ramsey travel Perth at all costs.

People Also Viewed

St Andrews Golf Travel

Angus And City Of Dundee Tourist

TUI Holiday Store

Perth Radio Taxis

Brightwater Holidays

Travelling The Fairways

Scottish Citylink

mercure Perth Hotel

Williamsons Taxis

Other Travel Agents Nearby

Find more Travel Agents near Ramsay World Travel

Related Cost Guides

Town Car Service

Just added to your shopping bag

Return Policy:

Montgomery-Ramsay offers complimentary shipping for any item that you’d like to return. Simply contact us on our contact page for a return label.

Merchandise must be accompanied by all original packaging for a refund. Including jewelry boxes and pouches.

Articles are accepted for credit or exchange in the U.S. if returned in saleable condition within 30 days, accompanied by a sales receipt. Some exclusions may apply. Please note that items that are personalized with engraving, etching, embossing and other services may not be returned or exchanged.

Our 30 day return policy for purchases made between November 1st and December 31st is extended to January 31st of the following year.

A refund will be made to th e purchaser upon request if payment has been received. Gift recipients are entitled to a nonrefundable merchandise credit.

For questions concerning this policy, please contact us at the link above, or call us at +1 877 404 0767

• Choosing a selection results in a full page refresh.
• Press the space key then arrow keys to make a selection.

Subscribe to Ramsay Travels

Upcoming Trips

Sail the Caribbean aboard the legendary Sea Cloud, Jan. 19 – 26, 2025

• The Gift of Travel
• Endorsed by Forbes Travel Guide
• This is Largay Travel

Plan A Vacation

• Find a Travel Advisor
• Honeymoon Registry
• Largay Travel’s Virtuoso Hotel Booking Tool

Ready to see the world? Get in touch with us to get started!

• Group Travel
• Corporate Travel
• In the Press
• Mentoring Program
• Hosting Program

CRUCIAL INFORMATION AND ADVISORIES

ITINERARY AND CHECK-IN

Check Your Itinerary: As soon as you receive your booked itinerary, check it thoroughly to make sure all booking details are correct as to name spelling, members of your travel party, dates, times, fares, and rates and notify us immediately of any corrections required.

Flight Check-in: Read all instructions carefully. Sign up for the airline app in your itinerary, so you are aware of schedule and gate changes. Give yourself extra time. Arrive 3 hours early for international flights and 2 hours early for domestic.

Reconfirmation: Schedule changes are quite common. Re-check exact flight times prior to departure and prior to your return.

TSA GOVERNMENT ISSUED ID CARD AND REAL ID: 

Beginning October 1, 2021 , every air traveler 18 years of age and older must present a REAL ID-compliant driver’s license, state-issued enhanced driver’s license, or another acceptable form of ID to fly within the United States https://www.tsa.gov/real-id .   Review the full list of acceptable documentation here: https://www.tsa.gov/travel/security-screening/identification .  If traveler is not sure whether his/her/their ID complies with REAL ID, check with traveler’s state’s Department of Motor Vehicles.

TRAVEL DOCUMENTS NOTICE (INCLUDING PASSPORT, VISA AND OTHER POTENTIAL NEEDS):

Passport copies are required to book and confirm international air reservations.

Travel documents, including passports, visas, and health/vaccination certificates required are the traveler’s responsibility: Valid Passports are absolutely required for all international destinations and the expiration date should be at least 6 months following the return date of traveler’s trip.  Some countries require that traveler’s passport have 4 to 6 blank visa/stamp pages. Some airlines will not allow traveler to board if this requirement is not met (For more information see Frequently Asked Questions . ). When travelling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) require that everyone carry acceptable identification in order to board a flight.  Information can be found here: http://www.tsa.gov/traveler-information/acceptable-ids . Examples of acceptable identification include a DHS-designated enhanced driver’s license, USA Passport, or a foreign government’s validly issued passport. The name, date of birth and gender that appears on the identification card must exactly match the same data that is listed on airline ticket(s) and booking records.  Failure strictly to comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing traveler to miss traveler’s flight.

Secure Flight Information: The requirement to collect date of birth, gender, and full name are federally mandated by the Transportation Security Administration’s (TSA) Secure Flight Program. While disclosure of this information is voluntary, if it is not provided, participants may be denied boarding. TSA’s privacy policy, as well as additional details, can be found at tsa.gov using the keywords Secure Flight.  Largay Travel and its affiliates will take all reasonable steps to safeguard the privacy of all information collected from its clients .

VISA may be required. Please note that even when a visa is issued, a traveler may be denied entry since each country’s local immigration officials make the final entry decision. Several factors, including a past criminal record, may contribute to the decision of the local immigration official(s). Should a visa not be issued, Largay Travel and its affiliates are not responsible for lost payments made toward the contemplated trip. 

Travel to or through Canada. If traveling to or through Canada, travelers with a Driving While Intoxicated (DWI) or other conviction should always check the current rules that exclude admission, as well as potential waivers to the exclusion. Largay Travel and its affiliates believe it is an invasion of privacy to make such an inquiry of a client. The final decision of entry rests with the immigration or border services officer. 

(For more information: Click Here to Review Canadian Government Help Center Information ) 

VACCINATIONS AND IMPORTANT US STATE DEPARTMENT AND CENTERS FOR DISEASE CONTROL INFORMATION: 

LARGAY TRAVEL and its affiliates strongly recommend that all travelers review each destination country’s specific information at USA State Department Website http://travel.state.gov and USA Centers for Disease Control Website at www.cdc.gov , both of which contain extremely important information on a regular basis, for information regarding incidence of disease, terrorism, safety issues, crime, the need for travel documentation (such as passports, visas, proof of health/vaccination certificates), health hazards, and other restrictions regarding travel to my domestic and/or international destination(s), and re-entry into the United States.  Non-U.S. passport holders must contact the embassies of their destination and transit countries to obtain entrance requirements. Required or advised inoculations are the decision of the traveler, in consultation with traveler’s physician, and may need to be administered in a series of doses months ahead of a planned departure.  The traveler must take such time element into account when making deposits and/or nonrefundable final payments.

TRAVEL PROTECTION/INSURANCE:

Largay Travel and its affiliates strongly recommend that travelers purchase travel protection/insurance. Largay Travel and its affiliates offer travel protection/insurance as an additional product but advise that such insurance is NOT automatically included in the cost of an itinerary and must be purchased.  Such insurance can protect against some or all of the following types of problems:  third party default or bankruptcy, delay, trip interruption, trip cancellation, emergency medical expenses, emergency medical evacuation/repatriation, baggage loss, baggage delay, and/or travel assistance.  While no one travel insurance policy can cover all circumstances, Largay Travel and its affiliates do offer its clients access to several reputable travel insurance companies, whose premiums, coverages, exclusions and deductibles are frequently different. Please read all travel insurance policies carefully, and if you have any questions, please call the travel insurance company for clarification, since they have the final word on what is covered by a claim and what is not. 

Largay Travel and its affiliates have provided links to two of our preferred travel insurance companies with this notice, so traveler can review their coverage and policies: 

Travelex Insurance

Allianz Insurance

Important note: You are advised that travel insurance/protection must usually be purchased within a certain number of days from when the deposit is paid in order to avoid waiving coverage for pre-existing conditions. The timeframe is imposed by the travel insurance company and is typically 7 to 21 days from the date of deposit.

SPECIAL REQUESTS AND FOOD ALLERGIES: Please note special meal requests and food allergies on your registration and client information forms. Largay Travel and its affiliates cannot be responsible if special requests are not met but we will pass them on to the airlines, hotels and restaurants. If you have dietary restrictions or food allergies, be sure to carry your medications with you at all times. You should carry a list of food allergies written in the language of the country in which you are dining to present to the food service staff. Also, discuss your special needs with your travel and tour personnel and ask the wait staff about the foods you are served.

MOBILITY CONCERNS: Sightseeing on tours almost always includes walking. Visits to historical places often mean climbing stairs and walking on uneven surfaces or cobblestones. The Americans with Disabilities Act (“ADA”) is only applicable within the U.S., and facilities for disabled individuals are limited outside its borders. A qualified and physically able companion must accompany travelers who need such assistance. Motorized scooters are unsuitable for many trips. Transportation services, including many tour motor coaches, are not equipped with wheelchair ramps. Handicap accessibility is not always available.   Tour personnel are not able to provide attendant services.    Consult your physician if you have any concerns about your ability to participate.

RISK ASSESSMENT AND TRAVELER REGISTRATION:

Travelers understand that travel to certain destinations may involve greater risk than others. Largay Travel urges travelers to remain informed on a daily basis as to current news, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov , http://www.tsa.gov , http://www.dot.gov , http://www.faa.gov , http://www.cdc.gov , and http://www.cbp.gov . The Smart Traveler Enrollment Program (STEP) is a free service provided by the U.S. Government to U.S. citizens who are traveling to, or living in, a foreign country. STEP allows travelers to enter information about my upcoming trip abroad so that the Department of State can better assist me in an emergency.  Registration is recommended and provided by going to https://step.state.gov/step/ .

I agree to visit the Websites of the USA Centers for Disease Control, www.cdc.gov ; and the International Society of Travel Medicine, www.istm.org .

TRAVEL BY MINORS:

Although minors under 18 years of age may be able to travel to another country without either one of their parents, they may be required to furnish a notarized written consent letter from one or both parents consenting to such travel.  Click here for Minor Travel Consent Form .  Minors interested in traveling without their parents or with only 1 parent should contact the embassy to address admissibility questions  Click here for information .  A list of embassies and entry requirements can be obtained at the Department of State website , or call the particular embassy by phone. Check each airline and every other transportation provider for individual policies, additional fees and requirements. 

INSECTICIDE NOTICE:

All travelers are referred to always check the list of countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft on the DOT’s website, as this list is updated from time to time: https://www.transportation.gov/airconsumer/spray .

TERMS AND CONDITIONS

For purposes of this agreement, “Largay Travel” shall include Largay Travel, Inc. and its affiliate agencies.

“Client” shall include the person or entity paying for the travel services as well as those utilizing the services.  

“Crucial Information and Advisories” as set forth above are incorporated herein and made a part hereof.

Fee Structure

The client represents that client has reviewed and accepts Largay Travel’s Fee Structure on behalf of client and anyone in client’s party.  Client acknowledges and accepts there are cancellation policies, change fees, and penalties that apply to client’s travel plans and services if same have been provided in writing. Client agrees to all such cancellation policies, change fees, and penalties, and understands that unused portions of travel vouchers are non-refundable.

Pricing, Changes in Pricing and Currency Fluctuation

Largay Travel will make every reasonable effort to honor pricing as originally quoted.  However, under certain circumstances, additional costs by a supplier or governmental entity may be imposed due to an increase in the cost for one or more of the applicable travel components.

Flight confirmation is subject to availability, and prices are subject to change after the date of deposit, including price increases in the price of a seat, baggage charges, applicable fuel surcharges, or increases in any government-imposed fee or tax.

Currency exchange rates fluctuate. Prices are subject to change based upon currency exchange rate fluctuations, provided actual variations have occurred.

If for any reason client’s credit card charges are later declined or reversed, Largay Travel is unable to receive payment for same, or client owes Largay Travel any other sums that are not paid within thirty (30) days after same are due, client acknowledges that Largay Travel shall be entitled to recovery, including reasonable attorneys’ fees in connection with collection and interest on unpaid charges at 12% per annum (or the highest rate permitted by law).

Client agrees that if client initiates a credit card chargeback that is successful and the supplier makes a claim against Largay Travel for some or all of such chargeback, client is responsible to Largay Travel for such amounts successfully claimed by the supplier.

Client agrees that client is responsible for all charges, regardless of the reason.

• In this era of economic and political uncertainty, Largay Travel and it’s affiliate agencies encourage its clients to protect their travel funds by using their credit cards and purchasing travel protection/insurance.

Travel Protection/Insurance.

Since Largay Travel strongly recommends that all clients purchase Travel Protection/Insurance, any client who does not elect to purchase travel insurance/trip protection will be required to complete a Travel Insurance Declination Agreement. 

Behavior.   If client’s behavior prevents a travel supplier from rendering contracted services, Largay Travel is not liable for refund of such services.

Consumer disclosure notice, disclaimer of liability and assumption of the risk by client:

Largay Travel recommends that its clients pay for all travel plans by credit card, since credit card companies provide the best possible form of consumer protection against the loss of funds due to supplier bankruptcy. Whether a client pays by credit card, cash, check or debit card, Largay Travel will not be held financially liable for the failure of a travel supplier to provide all of their contracted-for services to you, whether due to bankruptcy, weather, labor problems, mechanical issues, terrorism, disease, epidemic, pandemic, political unrest, governmental rulings, acts of war, careless actions, cessation of services or other unforeseen circumstances that causes any sort of injury, death, damage, delay or inconvenience, or any indirect or consequential damages resulting therefrom.  Largay Travel is not the source or supplier of travel services and acts solely as an agent for the actual suppliers of such services. 

Largay Travel does not guaranty or ensure the services to be provided by any supplier, the financial position of suppliers, the ability or inability of a supplier to honor credits, and/or the reimbursement for any loss experienced as a result of the financial condition of suppliers.

The undersigned client and all persons in the client’s traveling party hereby release and discharge Largay Travel, and Largay Travel’s agents, employees, officers, directors, shareholders, and independent contractors (the “Releasees”) , from and against any and all liability arising from my participation in the trip, including third party negligence, Acts of God, force majeure, epidemic, pandemic, and the undersigned client and all persons in the client’s traveling party agree that this release will be legally binding upon them and their heirs, successors, assigns, and legal representatives, it being the client’s intention fully to assume all risk of travel and to release the Releasees  from any and all liabilities to the maximum permitted by law .

The client acknowledges that he/she/they are aware that the trip being undertaken involves potentially dangerous activities and, depending on the itinerary (whether or not in remote areas of the world), with a risk of illness, injury or death which may be caused by forces of nature, illness, disease, epidemic,  pandemic, accident, willful or criminal conduct of third parties, terrorism or other factors. The client represents that client make a conscious decision to assume the inherent risks of the trip’s activities. The client further acknowledge that weather conditions may be severe, adverse and/or unpleasant and that medical services or facilities may not be readily available or accessible or consistent with standards in the United States during some or all of the time during which the client is participating on the trip and that when same are available, they may not be of the quality which exists in the United States. 

By offering travel for sale to particular destinations, Largay Travel does not represent or warrant that travel to such destinations is advisable or without risk.  Largay Travel shall not be liable for costs, damages, or losses that may result from travel to such destinations. Participation by the client and a client’s traveling party constitutes acceptance of such events at each traveler’s own risk. 

FORCE MAJEURE:

 “Force Majeure” means, for the purposes herein, any circumstances beyond the reasonable control of Largay Travel, including, but without limitation, acts of God, fire, explosion, volcanic eruptions, earthquake, accident, war or  threat of war declared or undeclared, acts of any governmental authority or other authorities, strikes or labor disputes (other than a dispute involving the party seeking to invoke this clause), government intervention, acts or threats of terrorism, civil disturbances, invasion, act of foreign enemies, mobilization, embargo, epidemic, pandemic, outbreak, sickness, disease, quarantine, requisition, defects in machinery and vehicles, delay, wildlife, curtailment of transportation facilities, hazardous weather conditions, contamination by radioactivity from any nuclear fuel or from any nuclear waste, or other untoward occurrences, or any change in laws or regulations that makes it illegal, impossible, or commercially impracticable to perform the travel services.

Largay Travel shall not be deemed to be in breach of these terms and conditions or otherwise be liable by reason of delay in performance or non-performance of any of its obligations hereunder, to the extent that any such delay or non-performance is due to any Force Majeure.

If Largay Travel and/or any of its travel suppliers are affected by Force Majeure, they shall be entitled to, and may in their sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the trip. Payment of any refund by Largay Travel as a result of the non-performance of any obligations hereunder shall remain in its sole and absolute discretion, although Largay Travel shall use its reasonable efforts to obtain reimburse from third parties when reasonably possible. However, Largay Travel shall be entitled to deduct from any refund recovered the reasonable actual and out of pocket costs paid by or on behalf of Largay Travel relating to the Force Majeure, including work performed and costs expended prior to the date of cancellation due to the Force Majeure and applicable cancellation fees. Client agrees to accept as full and complete performance of travel services as Largay Travel and third-party travel suppliers can make.

GOVERNING LAW:

These Terms and Conditions shall be interpreted and enforced in accordance with the laws of the State of Connecticut, without regard to any conflicts or choice of law principles and shall be as broad and inclusive as permitted by such laws. Venue shall be only in the state or federal courts of the State of Connecticut, in the County of New Haven.  If any provision of this contract is held unenforceable by a court, such unenforceability shall not affect any other provision.  In connection with any action or legal proceeding arising out of this Agreement, the parties hereby specifically and knowingly waive any rights that either party might have to demand a jury trial.   

Search Largay Travel

Your cart is empty

Have an account?

Log in to check out faster.

Estimated total

FREE SHIPPING ON ORDERS OVER $100 AND $150 INTERNATIONAL

Country/region

• USD $ | Afghanistan
• USD $ | Åland Islands
• USD $ | Albania
• USD $ | Algeria
• USD $ | Andorra
• USD $ | Angola
• USD $ | Anguilla
• USD $ | Antigua & Barbuda
• USD $ | Argentina
• USD $ | Armenia
• USD $ | Aruba
• USD $ | Ascension Island
• USD $ | Australia
• USD $ | Austria
• USD $ | Azerbaijan
• USD $ | Bahamas
• USD $ | Bahrain
• USD $ | Bangladesh
• USD $ | Barbados
• USD $ | Belarus
• USD $ | Belgium
• USD $ | Belize
• USD $ | Benin
• USD $ | Bermuda
• USD $ | Bhutan
• USD $ | Bolivia
• USD $ | Bosnia & Herzegovina
• USD $ | Botswana
• USD $ | Brazil
• USD $ | British Indian Ocean Territory
• USD $ | British Virgin Islands
• USD $ | Brunei
• USD $ | Bulgaria
• USD $ | Burkina Faso
• USD $ | Burundi
• USD $ | Cambodia
• USD $ | Cameroon
• USD $ | Canada
• USD $ | Cape Verde
• USD $ | Caribbean Netherlands
• USD $ | Cayman Islands
• USD $ | Central African Republic
• USD $ | Chad
• USD $ | Chile
• USD $ | China
• USD $ | Christmas Island
• USD $ | Cocos (Keeling) Islands
• USD $ | Colombia
• USD $ | Comoros
• USD $ | Congo - Brazzaville
• USD $ | Congo - Kinshasa
• USD $ | Cook Islands
• USD $ | Costa Rica
• USD $ | Côte d’Ivoire
• USD $ | Croatia
• USD $ | Curaçao
• USD $ | Cyprus
• USD $ | Czechia
• USD $ | Denmark
• USD $ | Djibouti
• USD $ | Dominica
• USD $ | Dominican Republic
• USD $ | Ecuador
• USD $ | Egypt
• USD $ | El Salvador
• USD $ | Equatorial Guinea
• USD $ | Eritrea
• USD $ | Estonia
• USD $ | Eswatini
• USD $ | Ethiopia
• USD $ | Falkland Islands
• USD $ | Faroe Islands
• USD $ | Fiji
• USD $ | Finland
• USD $ | France
• USD $ | French Guiana
• USD $ | French Polynesia
• USD $ | French Southern Territories
• USD $ | Gabon
• USD $ | Gambia
• USD $ | Georgia
• USD $ | Germany
• USD $ | Ghana
• USD $ | Gibraltar
• USD $ | Greece
• USD $ | Greenland
• USD $ | Grenada
• USD $ | Guadeloupe
• USD $ | Guatemala
• USD $ | Guernsey
• USD $ | Guinea
• USD $ | Guinea-Bissau
• USD $ | Guyana
• USD $ | Haiti
• USD $ | Honduras
• USD $ | Hong Kong SAR
• USD $ | Hungary
• USD $ | Iceland
• USD $ | India
• USD $ | Indonesia
• USD $ | Iraq
• USD $ | Ireland
• USD $ | Isle of Man
• USD $ | Israel
• USD $ | Italy
• USD $ | Jamaica
• USD $ | Japan
• USD $ | Jersey
• USD $ | Jordan
• USD $ | Kazakhstan
• USD $ | Kenya
• USD $ | Kiribati
• USD $ | Kosovo
• USD $ | Kuwait
• USD $ | Kyrgyzstan
• USD $ | Laos
• USD $ | Latvia
• USD $ | Lebanon
• USD $ | Lesotho
• USD $ | Liberia
• USD $ | Libya
• USD $ | Liechtenstein
• USD $ | Lithuania
• USD $ | Luxembourg
• USD $ | Macao SAR
• USD $ | Madagascar
• USD $ | Malawi
• USD $ | Malaysia
• USD $ | Maldives
• USD $ | Mali
• USD $ | Malta
• USD $ | Martinique
• USD $ | Mauritania
• USD $ | Mauritius
• USD $ | Mayotte
• USD $ | Mexico
• USD $ | Moldova
• USD $ | Monaco
• USD $ | Mongolia
• USD $ | Montenegro
• USD $ | Montserrat
• USD $ | Morocco
• USD $ | Mozambique
• USD $ | Myanmar (Burma)
• USD $ | Namibia
• USD $ | Nauru
• USD $ | Nepal
• USD $ | Netherlands
• USD $ | New Caledonia
• USD $ | New Zealand
• USD $ | Nicaragua
• USD $ | Niger
• USD $ | Nigeria
• USD $ | Niue
• USD $ | Norfolk Island
• USD $ | North Macedonia
• USD $ | Norway
• USD $ | Oman
• USD $ | Pakistan
• USD $ | Palestinian Territories
• USD $ | Panama
• USD $ | Papua New Guinea
• USD $ | Paraguay
• USD $ | Peru
• USD $ | Philippines
• USD $ | Pitcairn Islands
• USD $ | Poland
• USD $ | Portugal
• USD $ | Qatar
• USD $ | Réunion
• USD $ | Romania
• USD $ | Russia
• USD $ | Rwanda
• USD $ | Samoa
• USD $ | San Marino
• USD $ | São Tomé & Príncipe
• USD $ | Saudi Arabia
• USD $ | Senegal
• USD $ | Serbia
• USD $ | Seychelles
• USD $ | Sierra Leone
• USD $ | Singapore
• USD $ | Sint Maarten
• USD $ | Slovakia
• USD $ | Slovenia
• USD $ | Solomon Islands
• USD $ | Somalia
• USD $ | South Africa
• USD $ | South Georgia & South Sandwich Islands
• USD $ | South Korea
• USD $ | South Sudan
• USD $ | Spain
• USD $ | Sri Lanka
• USD $ | St. Barthélemy
• USD $ | St. Helena
• USD $ | St. Kitts & Nevis
• USD $ | St. Lucia
• USD $ | St. Martin
• USD $ | St. Pierre & Miquelon
• USD $ | St. Vincent & Grenadines
• USD $ | Sudan
• USD $ | Suriname
• USD $ | Svalbard & Jan Mayen
• USD $ | Sweden
• USD $ | Switzerland
• USD $ | Taiwan
• USD $ | Tajikistan
• USD $ | Tanzania
• USD $ | Thailand
• USD $ | Timor-Leste
• USD $ | Togo
• USD $ | Tokelau
• USD $ | Tonga
• USD $ | Trinidad & Tobago
• USD $ | Tristan da Cunha
• USD $ | Tunisia
• USD $ | Türkiye
• USD $ | Turkmenistan
• USD $ | Turks & Caicos Islands
• USD $ | Tuvalu
• USD $ | U.S. Outlying Islands
• USD $ | Uganda
• USD $ | Ukraine
• USD $ | United Arab Emirates
• USD $ | United Kingdom
• USD $ | United States
• USD $ | Uruguay
• USD $ | Uzbekistan
• USD $ | Vanuatu
• USD $ | Vatican City
• USD $ | Venezuela
• USD $ | Vietnam
• USD $ | Wallis & Futuna
• USD $ | Western Sahara
• USD $ | Yemen
• USD $ | Zambia
• USD $ | Zimbabwe

Return Policy

Join Vivien Ramsay

Sign up and be among the first to learn about new Vivien Ramsay announcements and products.

• Choosing a selection results in a full page refresh.
• Opens in a new window.

• Find a Lawyer
• Ask a Lawyer
• Research the Law
• Law Schools
• Laws & Regs
• Newsletters
• Justia Connect
• Pro Membership
• Basic Membership
• Justia Lawyer Directory
• Platinum Placements
• Gold Placements
• Justia Elevate
• Justia Amplify
• PPC Management
• Google Business Profile
• Social Media
• Justia Onward Blog

RAMSAY TRAVEL, INCORPORATED v. Kondo

495 P.2d 1172 (1972)

RAMSAY TRAVEL, INCORPORATED, Plaintiff-Appellee, Cross Appellant, v. Ralph W. KONDO, Director of Taxation, Defendant-Appellant, Cross Appellee.

Supreme Court of Hawaii.

April 10, 1972.

*1174 Johnson H. Wong and Clyde Sumida, Deputy Attys. Gen., Honolulu, for defendant-appellant, cross appellee.

Gary L. Wixom, Honolulu (Bortz, Case, Stack, Kay, Cronin & Clause, Honolulu, of counsel), for plaintiffs-appellees, cross appellants.

Before RICHARDSON, C.J., MARUMOTO, ABE and LEVINSON, JJ., and M. DOI, Circuit Judge, for KOBAYASHI, J., disqualified.

LEVINSON, Justice.

This appeal concerns the susceptibility of certain gross commission income of Ramsay Travel, Inc., B.F. Dillingham Co., Ltd., and Inter-Island Travel Service, Ltd. (the taxpayers herein) to the provisions of the general excise tax law, HRS ch. 237.[1] The taxpayers are all Hawaii corporations engaged in the travel agency business. During the tax years in question, 1959 to 1965, they each maintained offices in the City and County of Honolulu. Their officers, directors, and employees were all Hawaii residents.

In 1965, the Director of Taxation sent to each of the taxpayers a notice of proposed assessment, indicating his intent to assess additional general excise taxes against the taxpayers for commissions received by them. The taxpayers had previously reported these commissions on their general excise tax returns as exempt income. Paying the additional assessments under protest, they subsequently brought actions for refunds in the circuit court. The actions were consolidated pursuant to a stipulation of the parties. By further stipulation, the parties submitted the matter for decision on an agreed and supplementary statement of facts.

The commission income which was the subject of the Director's additional assessments derived from the following sources: 1) the sale of tickets for transportation by air and sea between Honolulu and points on the mainland United States or in foreign countries; 2) the sale of railroad tickets for transportation on the mainland United States; and 3) the arranging of hotel accommodations and sight-seeing tours in states other than Hawaii and in foreign countries.

Travel agents accounted for 60% of all sales of interstate and international travel during the years assessed, the carriers being responsible for the remainder. Nevertheless, the Director of Taxation did not assess or collect a general excise tax or any tax in lieu thereof on gross income from sales of tickets or package tours in Hawaii by interstate or international air and sea carriers. Nor did he assess or collect such a tax either on that portion of the carriers' gross income which would have been paid *1175 to the travel agents had the agents, rather than the carriers, sold the tickets, or on income from commissions paid by one carrier to another for sales of the other's tickets.

The taxpayers contended in the circuit court that the application of the Hawaii general excise tax to the aforementioned commission income placed an unconstitutional burden on interstate and foreign commerce in contravention of article I, section 8 of the United States Constitution.[2] They further argued that the tax on commissions derived from foreign travel was prohibited by article I, section 10 of the United States Constitution, which proscribes the states from imposing a tax on imports or exports.[3] The taxpayers finally maintained that, insofar as the Director of Taxation failed to assess the interstate and international carriers doing business in Hawaii, particularly with regard to that income attributable to the sales activities of their own sales personnel, he had pursued a taxing policy which unreasonably discriminated against the taxpayers as a class in violation of their right to equal protection.[4]

The circuit court rejected that portion of the taxpayers' argument which was based upon the commerce and import-export clauses, but sustained their position with regard to equal protection. Citing Hasegawa v. Maui Pineapple Co., Ltd., 52 Haw. 327, 475 P.2d 679 (1970), the circuit court held that because there existed no rational relationship between the purposes of the Hawaii general excise tax law and the Director's decision to assess the travel agents but not the carriers,

On appeal, the Director of Taxation urges that the circuit court erred both in its finding that the taxpayers and the carriers were similarly situated as to their taxability under the commerce clause and the Hawaii general excise tax law and in its holding that the Director's failure to assess the carriers subjected the taxpayers to an unconstitutional discrimination. The Director argues additionally that even assuming improperly dissimilar treatment of the taxpayers and the carriers, the taxpayers' proper course would be to seek a writ of mandamus to compel the Director to assess the carriers, rather than a refund of some portion of the tax. On cross-appeal, the taxpayers contend that the circuit court erred in holding that the commerce clause does not bar assessment of the Hawaii general *1176 excise tax upon income derived from the sales activities discussed above. They do not seek to disturb the circuit court's holding as it relates to the equal protection and import-export clauses.

We agree with the circuit court that "application of the general excise tax to the commissions received by the taxpayers from the solicitation and sale of interstate and foreign transportation, hotel accommodations and sight-seeing tours does not contravene the Commerce Clause of the United States Constitution." We cannot agree, however, that the taxing authority's failure to assess the general excise tax upon any portion of the income of the interstate and international carriers warrants a refund of the assessments against the taxpayers. If the taxpayers deem that the Director of Taxation has been derelict in performing the legal requirements of his office, they should seek a writ of mandamus in the circuit court to compel the Director to do his duty.

This court, in HC & D Moving & Storage Company, Inc. v. Yamane, 48 Haw. 486, 405 P.2d 382 (1965), appeal dismissed, 383 U.S. 104 , 86 S. Ct. 717, 15 L. Ed. 2d 617 (1966), sought to reconcile the accumulation of past United States Supreme Court decisions regarding the limitations placed by the commerce clause upon the taxing power of the states. From this accretion, which has been described variously as a "quagmire" and a "tangled underbrush" leaving "much room for controversy and confusion and little in the way of precise guides to the States in the exercise of their indispensable power of taxation," Northwestern States Portland Cement Co. v. Minnesota, 358 U.S. 450 , 457-458, 79 S. Ct. 357, 362, 3 L. Ed. 2d 421 (1959), a number of principles have emerged.[6] "It was not the purpose of the commerce clause to relieve those engaged in interstate commerce from their just share of state tax burden even though it increases the cost of doing the business." Western Live Stock v. Bureau of Revenue, 303 U.S. 250 , 254, 58 S. Ct. 546, 548, 82 L. Ed. 823 (1938). "Even interstate business must pay its way... ." Postal Telegraph-Cable Co. v. City of Richmond, 249 U.S. 252 , 259, 39 S. Ct. 265, 266, 63 L. Ed. 590 (1919). Thus, the determination of whether interstate commerce is involved does not resolve the constitutional problem presented. McGoldrick v. Berwind-White Coal Mining Co., 309 U.S. 33 , 46-47, 60 S. Ct. 388, 84 L. Ed. 565 (1940). Nor does the fact that a taxpayer's activity is in aid, inducement or furtherance of interstate commerce per se invalidate the tax involved. Western Live Stock v. Bureau of Revenue, supra, 303 U.S. at 253, 58 S. Ct. 546; In re Taxes, Armstrong Perry, 46 Haw. 269, 275, 379 P.2d 336 , 340-341 (1963).

The current view of the United States Supreme Court appears to be that a state tax passes muster under the commerce clause if it can satisfy three conditions: 1) the tax does not discriminate against interstate commerce either on its face or in effect, Nippert v. City of Richmond, 327 U.S. 416 , 66 S. Ct. 586, 90 L. Ed. 760 (1946); 2) the tax is fairly apportioned in such a way as to include within the measure of the tax only that income attributable to activity within the state, General Motors Corporation v. Washington, 377 U.S. *1177 436, 440-441, 84 S. Ct. 1564, 12 L. Ed. 2d 430 (1964); 3) the tax does not subject interstate commerce to the burden of cumulative or multiple taxation. Western Live Stock v. Bureau of Revenue, supra, 303 U.S. at 255-256, 58 S. Ct. 546; General Motors Corporation v. Washington, supra, 377 U.S. at 440, 84 S. Ct. 1564. See generally, HC & D Moving & Storage Company, Inc. v. Yamane, supra.

The taxpayers cannot argue seriously that the Hawaii general excise tax singles out interstate commerce for discriminatory treatment. The tax is applicable at the same rate to all businesses rendering services in Hawaii, intrastate and interstate alike. Since the taxpayers claim immunity from the operation of the tax, they have the burden of establishing that the tax discriminates against interstate commerce in effect. To do so, they would have to show that the state has failed to exert its power of taxation in proper proportion to their activities within the state and to their "consequent enjoyment of the opportunities and protections which the state has afforded." General Motors Corporation v. Washington, supra, 377 U.S. at 441, 84 S. Ct. at 1568. The taxpayers have failed to make any such showing.

It is clear that the second and third of the aforementioned conditions present no obstacles to the application of the Hawaii general excise tax to the taxpayers' commission income. Inasmuch as the taxpayers' business activity is conducted exclusively within the State of Hawaii, there is no problem of apportionment. Were the taxpayers to be engaged in business both within and without the state, HRS § 237-21 would limit their taxability to "that portion of the gross income which is derived from activities within the State, to the extent that the apportionment is required by the Constitution or laws of the United States."[7] Furthermore, assessing and levying the general excise tax upon the taxpayer's commission income poses no threat of multiple taxation. As in HC & D Moving & Storage Company, Inc. v. Yamane, supra, 48 Haw. at 502-503, 405 P.2d at 392:

The taxpayers attempt to distinguish In re Taxes, Armstrong Perry, supra, HC & D Moving & Storage Company, Inc. v. Yamane, supra, and General Motors Corporation v. Washington, supra, on the basis that in those cases the excise tax was levied upon a "separable local incident" rather than upon "interstate commerce itself." This is an example of the very sort of "strained and amorphous distinctions" which the United States Supreme Court abandoned in the General Motors *1178 case and which we renounced in HC & D. What makes a business activity a "separable local incident" has nothing to do with whether it may be characterized as "integral" to interstate commerce. Rather, what is significant is the existence of a sufficient "relation or `nexus' between the State and the business activities sought to be taxed." HC & D Moving & Storage Company, Inc. v. Yamane, supra, 48 Haw. at 490, 405 P.2d at 385. This nexus is clearly established as to Hawaii corporations doing business exclusively within the state.[8]Id. See also Asiatic Trans-Pacific, Inc. v. Maddox, 371 F.2d 132, 134-135 (9th Cir.1967); McKinnis Travel Service, Inc. v. State, 78 Wash. 2d 229 , 472 P.2d 392 (1970).

We turn now to the circuit court's holding that the failure of the Director of Taxation to assess the Hawaii general excise tax upon that portion of the interstate and international carriers' income attributable to their ticket sales within the state of Hawaii violated the taxpayers' right to the equal protection of the laws and entitled them to a tax refund for the years in question. In so holding, the circuit court relied upon the following language from Hasegawa v. Maui Pineapple Co., Ltd., 52 Haw. 327, 330, 475 P.2d 679 , 681 (1970) (footnote omitted):

The circuit court further noted that under HRS § 26-10 the Director of Taxation has a duty to "administer and enforce the tax revenue laws of the State and collect all taxes and other payments payable thereunder." On the basis of its finding that the taxpayers and the carriers were all substantially involved in the sale of interstate and international transportation, the court held that the Director's decision to collect the general excise tax from the taxpayers but not from the carriers lacked any rational relation to the purposes of HRS ch. 237 and HRS § 26-10.

We need not pass upon the propriety of the circuit court's holding, because we believe that the taxpayers are not entitled to a tax refund, even assuming that the taxpayers have been denied the equal protection of the laws. Every taxpayer engaged in a service business assessed under HRS § 237-13(6) during the years in question is as similarly situated to the carriers as are the taxpayers in the instant appeal. To order a refund of all general excise tax revenues collected from taxpayers engaged in service businesses would, however, be intolerable as a matter of public policy. However labeled, the nub of the taxpayers' complaint is that the Director of Taxation has for some reason *1179 refrained from assessing all persons taxable under the service business classification of the general excise tax law. If the taxpayers believe that the Director has refused to assess the carriers in violation of his duty to do so, they may seek a writ of mandamus in the circuit court to compel the Director to act.[9]See Liggett Co. v. Lee, 288 U.S. 517 , 540, 53 S. Ct. 481, 77 L. Ed. 929 (1933); County of Sacramento v. Hickman, 66 Cal. 2d 841 , 845, 59 Cal. Rptr. 609, 611-612, 428 P.2d 593, 595-596 (1967); People ex rel. Village of Park Forest v. Cullerton, 13 Ill. 2d 575 , 580, 150 N.E.2d 589 , 592 (1958). The taxpayers do not dispute that they are engaged in the "service business or calling" within the meaning of HRS §§ 237-7 and 237-13. "Failure to collect the tax from some whose occupations fall within the provisions of the act, cannot excuse the [taxpayers] from paying what they owe. And certainly the remedy afforded by state law [i.e., mandamus] assures them equal treatment along with all others similarly situated." Liggett Co. v. Lee, supra, 288 U.S. at 540, 53 S. Ct. at 487.

ABE, Justice (concurring).

I agree with the majority of this court that the interstate commerce clause does not prevent Hawaii from taxing the gross income of the travel agencies. And I agree with the court that even if the travel agencies have established a violation of the Equal Protection Clause, we should not order a refund of all taxes collected under HRS § 237-13(6).

I think, however, that we should admit that a violation of the Equal Protection Clause has occurred. Equal protection analysis requires us to determine whether two taxpayers have, without a rational basis, been classified differently.

Here, the Director of Taxation has treated travel agencies and airlines,[1] both of whom would appear to be liable for the tax in question, in a different fashion. He has assessed a tax against travel agencies but made no attempt to collect from airlines.

No rational basis has been offered to explain the difference. The Director has not argued that he has insufficient staff to prosecute all persons who might be liable for the tax. He has not argued that the failure to tax the airlines was an error, which he would attempt to rectify in the future. And he has not attempted to establish that the airlines are not subject to the tax. Instead, he offers no explanation whatsoever for the differential treatment.

I agree with this court, however, that the fact that an Equal Protection violation has occurred here does not dictate that we should order the Director of Taxation to refund all monies collected under the Act. *1180 Of course, an order refunding the taxes or a portion of the taxes of the appellees in this case, or awarding them attorney's fees would not be so unreasonable, and would have the virtue of encouraging suits that would uncover arbitrary action by the Director of Taxation, something which could never be accomplished by relegating the agencies to a writ of mandamus. However, I believe that though such a remedy would cure the Equal Protection violation, it would be an injudicious exercise of our discretion.

In any event, I think this court in this proceeding should issue a writ of mandamus ordering the Director of Taxation to attempt to collect the tax from airlines for all open years. I believe that though the agencies' complaint sought only a refund of their own taxes, that factor does not prevent this court from issuing such a writ under Rule 54(c) of the Haw. Rules of Civ. Pro. which clearly provides that "every final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief in his pleadings." If there is ever a case in which that rule should be invoked, it is this case.

[1] HRS § 237-13 provides in pertinent part:

Imposition of tax. There is hereby levied and shall be assessed and collected annually privilege taxes against persons on account of their business and other activities in the State measured by the application of rates against ... gross income ... as follows:

(6) Tax on service business. Upon every person engaging or continuing within the State in any service business or calling not otherwise specifically taxed under this chapter, there is likewise hereby levied and shall be assessed and collected a tax equal to four per cent of the gross income of any such business; ...

HRS § 237-7 defines "service business or calling" to include "all nonprofessional activities engaged in for other persons for a consideration which involve the rendering of a service as distinguished from the sale of tangible property or the production and sale of tangible property."

During the tax years in question, the applicable rate of taxation was 3½%. RLH 1955 § 117-14(f) as amended by S.L.H. 1957 Special Session, Act 1, Sec. 3(q).

[2] Article I, section 8 of the United States Constitution provides in pertinent part: The Congress shall have power ... to regulate commerce with foreign nations, and among the several states... .

[3] Article I, section 10 of the United States Constitution provides in pertinent part:

No state shall, without the consent of Congress, lay any imports or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress.

[4] The fourteenth amendment of the United States Constitution provides in pertinent part:

No state shall ... deny to any person within its jurisdiction the equal protection of the laws.

Article I, section 4 of the Hawaii Constitution provides in pertinent part:

No person shall ... be denied the equal protection of the laws... .

[5] The circuit court held that because the taxpayers had made no showing that the carriers derived income from the arranging of interstate or international hotel accommodations, the Director did not act discriminatorily against the taxpayers in assessing general excise taxes on income derived from such activities. The taxpayers do not challenge this portion of the circuit court's decision.

[6] For excellent discussions of the United States Supreme Court's meanderings in the area of state taxation of interstate activity, see Hartman, State Taxation of Interstate Commerce: A Survey and an Appraisal, 46 Va.L.Rev. 1051 (1960), and Developments in the Law Federal Limitations on State Taxation of Interstate Business, 75 Harv.L.Rev. 953 (1962). See also Freeman v. Hewit, 329 U.S. 249 , 252, 67 S. Ct. 274, 276, 91 L. Ed. 265 (1946):

The history of this problem is spread over hundreds of volumes of our Reports. To attempt to harmonize all that has been said in the past would neither clarify what has gone before nor guide the future.

[7] HRS § 237-21 provides:

§ 237-21 Apportionment. If any person, other than persons liable to the tax on manufacturers as provided by section 237-13(1), is engaged in business both within and without the State or in selling goods for delivery outside the State, and if under the Constitution or laws of the United States the entire gross income of such person cannot be included in the measure of this tax, there shall be apportioned to the State and included in the measure of the tax that portion of the gross income which is derived from activities within the State, to the extent that the apportionment is required by the Constitution or laws of the United States. In the case of a tax upon the production of property in the State the apportionment shall be determined as in the case of the tax on manufacturers. In other cases, if and to the extent that the apportionment cannot be accurately made by separate accounting methods, there shall be apportioned to the State and included in the measure of this tax that proportion of the total gross income, so requiring apportionment, which the cost of doing business within the State, applicable to the gross income, bears to the cost of doing business both within and without the State, applicable to the gross income.

[8] See also Nippert v. City of Richmond, 327 U.S. 416 , 426, 66 S. Ct. 586, 90 L. Ed. 760 (1946):

... [W]e put aside any suggestion that "solicitation," when conducted regularly and continuously within the State, so as to constitute a course of business, may not be "doing business" ... for the purpose of focusing a tax which in other respects would be sustainable."

Thus, the regular and continuous instate sale of sight-seeing tours, tickets for transportation, and hotel accommodations would seem in itself to establish a sufficient "nexus" between the state and the business activities to justify the tax.

[9] HRS § 659-1 provides:

Definition. [Mandamus] is an order issuing in the name of the State, by the supreme court or any justice thereof or a circuit judge, and addressed to an individual, or corporation, or court of inferior jurisdiction, directing him or it to perform some certain act belonging to the place, duty or quality, with which he or it is clothed.

HRS § 659-2 provides:

Object. The object of this order is to prevent a denial of justice, and it therefore issues in all cases where the law has assigned no specific relief by the ordinary means, or even where a party has other means of relief, if the slowness of ordinary legal forms is likely to produce such a delay, that the public good and the administration of justice will suffer from it, and where justice and reason require that some mode should exist of redressing a wrong, or an abuse of any nature whatever.

HRS § 659-3 provides in pertinent part:

Directed to whom. The order may be directed to individuals, whether holding offices or not, to corporations, and to judges of inferior tribunals.

To compel officers to perform duty. It may be directed to public officers to compel them to fulfill any of the duties attached to their office, or which may be legally required of them... .

[1] As to commission or other consideration received by an airline from sale of tickets on another airline, or for making hotel or surface transportation accommodations.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

Get free summaries of new Supreme Court of Hawaii opinions delivered to your inbox!

• Bankruptcy Lawyers
• Business Lawyers
• Criminal Lawyers
• Employment Lawyers
• Estate Planning Lawyers
• Family Lawyers
• Personal Injury Lawyers
• Estate Planning
• Personal Injury
• Business Formation
• Business Operations
• Intellectual Property
• International Trade
• Real Estate
• Financial Aid
• Course Outlines
• Law Journals
• US Constitution
• Regulations
• Supreme Court
• Circuit Courts
• District Courts
• Dockets & Filings
• State Constitutions
• State Codes
• State Case Law
• Legal Blogs
• Business Forms
• Product Recalls
• Justia Connect Membership
• Justia Premium Placements
• Justia Elevate (SEO, Websites)
• Justia Amplify (PPC, GBP)
• Testimonials