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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44920
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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There , We were sold a package deal without been told about the visa requir

Customer Question

Hi there ,
We were sold a package deal for Dubai without been told about the visa requirements for my husband who is British passport holder. One night before the travel when we were about to check in through the Emirates website , they told us that he is not allowed to travel to Dubai with only 3 months validity on passport .. He would need atleast 6 months validity. We were not aware of this condition nor did the travel agents bothered to tell us before booking. We had to pay extra penalty money plus the change charges to airlines for changing the go flights and the hotel( the Atlantis hotel) we booked totally refused to change our stay dates.. We have been charged double for everything .. Do you think we can sue the travel Agency for the negligence in terms of package travel
Regulations ?
Submitted: 7 months ago.
Category: Law
Expert:  Ben Jones replied 7 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Do you know if this was a legal requirement for Dubai?
Customer: replied 7 months ago.
Hi Ben,legal requirement of 6 months validity of passport ? Yes we got to know last night from Emirates people when we were trying to check in.
Customer: replied 7 months ago.
Do you think they were obliged to tell us in writing before selling the package deal to us ?
Expert:  Ben Jones replied 7 months ago.
It is unlikely that you can hold the agency responsible for this I’m afraid. This is something which you should have found out for yourself before booking travel because it is entirely your responsibility to ensure that you have the valid documents and meet the criteria for entering a country. For example, you may have booked travel to a country which required you to have a visa before entry. If the agency did not tell you that they are not responsible for you not being able to enter the country. This is a legal requirement, which you as the traveller have sole responsibility in finding out and complying with before travel. You could have had a potential case with them if they told you that you do NOT need a 6 month valid passport for travel and only need a 3 month one or similar. Then you can say that they have given you negligent advice but if they simply did not mention it then I am afraid you would have been expected to determine the entry requirements personally before deciding on whether to book the holiday. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Customer: replied 7 months ago.
Perfect , but how about the package regulations here in the attached file, which mentions that the travel agent are liable to tell us in writing before booking or selling any package deal to the customer ? Doesn't that apply here ?
Expert:  Ben Jones replied 7 months ago.
Sorry I was in the middle of writing more about this but my connection died... have you checked all the documentation provided by them before the contract was concluded. The relevant laws on this are here: http://www.legislation.gov.uk/uksi/1992/3288/regulation/7/made
Expert:  Ben Jones replied 7 months ago.
I am in court at the moment hence why connection not great but I will reply fully today, having received your response
Customer: replied 7 months ago.
No we couldn't check any documentation provided by them. we were told by the booking agent to reply to one email stating our travel dates which they sent immediately in 2 minutes , without been given any time to read or go through the conditions . We didn't even know that we don't get a one free change in this package which you usually get with all the other airlines when you book any flight in adavnce.
Expert:  Ben Jones replied 7 months ago.
Hi there, to clarify the application of the Package Holiday Regulations, they apply if you have booked a package holiday in the UK, consisting of at least transport and accommodation arrangements. As mentioned, under Reg 7 the retailer or organiser of the package holiday is required to provide you with certain information in writing before you conclude the contract (meaning before you make the purchase). This information has to include “general information about passport and visa requirements which apply to British Citizens who purchase the package in question, including information about the length of time it is likely to take to obtain the appropriate passports and visas”. What I wanted to explain in my earlier response was that failure to include such information does not automatically allow you to claim compensation for any additional costs incurred by you not being able to travel as initially planned. The options of what will happen are contained in Reg 7(3) which states that the retailer will be liable to a fine but that does not mean you also get compensation. So a court can fine the company if they are in breach.Another relevant part is in Reg 27 which states that “No contract shall be void or unenforceable, and no right of action in civil proceedings in respect of any loss shall arise, by reason only of the commission of an offence under regulations 5, 7, 8, 16 or 22 of these Regulations.” The failure to provide the required information on passports is contained in Reg 7 and under the above wording you cannot treat the contract as void or make a separate claim for losses if they have failed to provide such information.So that is what I meant earlier that it is essentially your responsibility to check the conditions of entry into a country and personally ensure you meet them because you wont be able to pursue the retailer unless they had directly misguided you by providing false information. I hope this clarifies your position?
Customer: replied 7 months ago.
Thanks for your response. I understand the regulation above mentioned. The thing I am saying is that we did purchase a package ( hotel and flight half board ) from the agency . So under reg7 can be liable ?
Customer: replied 7 months ago.
And package holiday was booked in uk
Customer: replied 7 months ago.
Going to dubai
Expert:  Ben Jones replied 7 months ago.
Hi there, a breach of Reg 7 (failure to provide the info) does not make them liable for costs you have incurred as a result of that - in fact it is specifically not allowed to make such a claim under Reg 27. A breach of Reg 7 means that the agency can be fined but that does not amount to compensation as you will not be getting the fine
Expert:  Ben Jones replied 7 months ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Expert:  Ben Jones replied 7 months ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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