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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70420
Experience:  Over 5 years in practice
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I paid for a holiday to go to america when i went on line to

Customer Question

I paid for a holiday to go to america when i went on line to pay for the visas i was refused i phoned the us embasey and they told me it will take up to six months to get one i am going on holiday in six weeks i have gone back to the travel agent and asked for an different holiday or my money back they said i would lose 70 percent of my money if i changed my holiday or cancelled it they said that in there terms and conditions that if you have been arrested i have to apply to the us embasy for a visa so i tried and they said i would not have enough time to get a visa but in the travel agents terms and conditions it does not tell you this and they did not tell me this as well neither did they tell me it would cost me another 160 dollars for a visa and 100 pounds for a police check plus two days in lost wages and the fuel to travel down to london and back if i was told this i would have never booked the holiday and i also feel that the travel ageny should have said to me get a visa before we take any money off of you
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

What would you like to know about this?
Customer: replied 4 years ago.

FOR JOMO1972 CAN I GET MY MONEY BACK OFF THE TRAVEL AGENT

Expert:  Jo C. replied 4 years ago.
When did you cancel and when was your holiday booked for?
Customer: replied 4 years ago.

FOR JOMO1072 i cancelled 20 april 2013 and the holiday was on the 28 may 2013

Expert:  Jo C. replied 4 years ago.
You do have a chance but not on the basis you think.

I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.

I'm afraid the travel agents are not responsible for your visa situation. They have no authority over the issuing of visas and no obligation to advise you of the need. To be wholly honest, I'm afraid it would be rather pointless advice as its obvious that you would need a visa. It would be almost like saying to a person that they did understand they would need to pay for a holiday.

However, if you cancelled with over a month's notice then they may be able to sell to another. You are in breach of contract by cancelling but they are under a duty to mitigate their loss by seeking to sell to another. In one month they may be able to achieve that. If they are able to do so then you are entitled to a refund minus their actual losses which would probably just be some admin costs.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.