What do you advise Burt about the validity of his agency agreement with Amy and why? Explain your rationale in detail.
Directions
– Review the following case scenario and answer the questions following the scenario.
– Cite Sources to answer each question.
Scenario: Burt is a New York City resident and Senior Vice President for Marketing for Consultants, Inc. Amy is a 16-year old paid part-time intern for Consultants, assigned to the Marketing department.
April 1, 2014, while Amy was working, Burt asked her to go to Tours, Inc. (Tours), a travel agency, and book a personal vacation trip for him in early June. He told Amy he wanted a 1-week, luxury all-inclusive (except air fare) vacation package at a 5-star hotel in Key West, FL. Burt told Amy he would book his own air reservations. He gave Amy a signed personal check made out to Tours, with the amount to be filled in by Amy for any necessary deposit, or, if required, for full payment. He also told Amy to sign any necessary agreements related to the vacation.
Amy went to Tours and met with Jan, a travel agent for Tours, who told Amy she had the perfect trip for Burt: an all-inclusive 7-day package vacation at the brand new oceanfront 5-star Key West Colony Hotel (Hotel) including meals, state of the art fitness facilities, round trip airfare from New York, and free airport shuttle service, at a total cost of $5000.
Amy agreed the trip was perfect for Burt and told Jan to make the reservations. Jan made reservations for Burt for June 1-June 8, 2014 at Hotel, and a round trip reservation from New York City to Key West on Transamerica Airlines for June 1, returning June 8. Amy filled in Burt’s check in the amount of $2500 to cover the required deposit and gave the check to Jan. Amy also signed the written agreement with Hotel on behalf of Burt, signing the agreement, “Amy Taylor as representative for Burt Basset.” The written agreement with Hotel outlined the details for the vacation package, including, in part:
“Cancellation Policy: cancellations prior to 30 days of first day of reservation date, fully refundable; cancellations prior to 15 days of first day of reservation date, 40% refundable; cancellations less than 7 days prior to first day of reservation date, nonrefundable…”
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