Assessing damages for non-performance of a travel professional - A suggested use of "servquala"

The failure of a travel or tour professional to deliver adequate service as contracted for could result in a lawsuit. If the service provider loses the suit a judgment will be entered against it. The courts have recognized that a mere refund of the amounts paid for the trip is not a just or adequate remedy. At this time there are no standards or rules upon which the amount of such a damage award could be based. Thus the potential cost of a service failure to the service provider is unknown. For illustrative purposes, the SERVQUAL model which has been designed to measure a consumer's satisfaction with a service is used to help identify the service components which failed. Examples are given as to how such a model could be used to determine the amount of damages that would be awarded a traveler. Implications for travel and tourism professionals are discussed.