I am posting this thread in this forum and the Holiday and Airline companies forum, as I am unsure which category it falls in, if not both.

In September 2011, myself and my partner, xxxxxxx, set off backpacking around the world for a 12 to 18 month long trip. We had taken out insurance with Infinity Insurance, and xxxx acquired a brand new passport before we left, which was an e-passport with an electronic chip in it. During our time in Malaysia, we visited Tioman Island (in late October), and went on a jungle trek. We chose to keep the passports with us at all times, as our insurance would be invalid if it was lost, damaged or stolen whilst not in our possession. During the trek we were caught in a monsoon, and despite the passports being kept in water proof cases, in a plastic bag in my rucksack, they got wet. My old-style passport was much wetter than Josh's, yet was fine, whereas Josh's passport had some damage making the photograph smudged in appearance.

We travelled back to Kuala Lumpur on Friday 22nd October, to ask the British Embassy for advice, but it was closed over the weeked. We finally got to speak to someone on Monday 24th October, and explained what had happened to the passport, and that we were due to fly to Thailand on 7th November, and needed advice about the passport. We were told that there would probably be no problem getting into Thailand, as the passport was still identifiable as xxxx, and that Thai border controls were relaxed. They told us to go to the Thai Embassy and ask for advice there. We did, and were told the passport would not be a problem, and we would get into Thailand as long as we had a letter from the British Embassy regarding the issue. We returned to the British Embassy, and were told we would have no problem entering Thailand, and that once we were there we could apply for a new passport. The assured us it would be a problem-free situation, and that if for any reason we were stopped by immigration, the British Embassy would ensure that we were allowed entry to Thailand, and that we would be able to get an emergency passport or new passport through them. They wrote a letter for us, and waivered the fee for writing the letter. We were told we would have no problems, and that the British Embassy in Thailand would be able to help us enter Thailand if required.

On 7th November, we arrived at Penang airport for our flight to Thailand, with Air Asia. We had no problem checking in with the passport, and again experienced no problem at immigration when leaving Malaysia. Nobody stopped us, or mentioned that the passport might be a problem in Thailand.

Upon arrival in Bangkok, Thailand, we were refused entry at immigration, and taken into the custody of the Thai immigration police. We were kept in an office for around two hours, and nobody would or could (due to the language barrier) tell us the situation and what was going on. Several people came to look at the passport, along with the letter from the embassy. Eventually, two security staff from Air Asia came along, one of whom could speak English. We had been put into their responsibility, as Thai immigration deemed Air Asia at fault for allowing us to board the plane. We immidiately asked if we could speak to our embassy. It was 7pm, and we were told the embassy did not open until 8am. We were then told we had to leave Thailand within 12 hours else we would be arrested and taken to prison. When we asked for an emergency helpline, they refused to give it to us, and said there was no way we could speak to the embassy. They told us that they would never stamp a damaged passport, even though they were confident that the passport was in fact xxxx and not false. They explained xxxxx name had been entered onto a database so that he could never enter Thailand. They told us then that our only option was to buy a ticket to the U.K. right then, and fly home at once. Then we were told that we HAD to fly with Emirates Airlines, and even though we had issued concerns about not being able to afford an expensive flight, we had no choice but to buy whatever flight they told us to. They said if we didn't have a flight by the end of the night or the following morning, xxxxx would be arrested. Next, they told us I had remained in transit for the maximum time allowed, and had to go through immigration alone to enter Thailand, and purchase plane tickets, with Emirates, to get home. We had a few minutes to say goodbye, and I was told I would not be able to see or contact xxxxx again until I had bought the flights. They told xxxx that if I wasn't back in three hours he would be arrested. Throughout this time, the Air Asia security guards were rude, aggressive and intimidating, and treated us like criminals.

I was then taken to collect all of our luggage, and taken next to the Air Asia sales desk. I was told by an Air Asia saleswoman I had to wait for 2 hours for someone from Emirates to look at xxxxx passport and let us know whether they would allow him to board one of their flights homes. After two hours, I was taken to the Emirates checking-in desk, where I was told the only tickets available, which I had to buy if xxxx was permitted on the flight, would cost £1070. Next, someone was sent to examine the passport and the letter from the British Embassay to see if they were fake. At this point, we had already been told that their were no doubts about the passport being genuine and belonging to xxxx. After a further 90 minutes, it was clear that xxxx had been given the ok to board the plane. Then randomly someone from the British Embassy in Thailand arrived, and ignored me, and did not explain what was going on, or what the situation was. Eventually, after approaching him myself and explaining I was xxxx partner, and asking for advice, he took it upon himself to interrogate me. He was basically asking questions to establish whether I actually was xxxx girlfriend or not, such as "What date did this event happen? What mode of transport did you use at this point? What clothing was this person wearing?" He asked for proof of my relationship with xxxx, and I had to show him several photos of him. This was really distressing and he was unfriendly and patronising towards me. Finally he said "Yeah there'll be no problem with him using his passport," as if he had known all along it wasn't an issue. He seemed annoyed that he had had to come to the airport and do some work.

After this, I had to go spend £1070 on the return tickets home, and had one hour before the flight departed. I was rushed through security and immigration, and finally allowed to see xxxx again. xxxx was in a bad state, as he had had no idea where I was for nearly five hours, and nobody had told him what was going on. He was worried I had been forced to leave the airport and was wondering around Bangkok alone. Throughout this time I had no way of contacting him or my family. xxxx had managed to get on the internet and let people know what was going on. Several family members had rung the British Embassy and rung the airport trying to get help, get a message to me, and find out what was going on. Nobody had being able to help though. Approximately 17 hours later, after two flights and a traumatic ordeal, we arrived at Manchester Airport. The immigration officer who saw xxxx passport as he entered made a comment expressing that many of the new e-passports were problematic, and became damaged very easily, in comparison with the old ones.

After speaking to the insurance company, we were told we were not covered for the damaged passport, nor would we have cancellation cover or cover for cutting the trip short. Just two months into our travels we have been forced to spend over a thousand pounds to end our trip, and return to England where we have had to buy new clothing, and possessions as we had none here. We feel as though we have been wronged by several people and organisations giving us misinformation, and feel as though we have been robbed of money and time. We are now helpless, and don't know where to turn, whether we should seek legal advice and make formal complaints about the British Embassy and Air Asia.

You are not going to get any legal help unless you are going to pay for it yourselves and I would suggest that given the respective jurisdictions involved it would cost you TENS if not HUNDREDS of thousands of pounds to get anywhere with this claim.

Simply put, the negligence for all this lies with you allowing your passport to become damaged.

I doubt you will get anywhere with Air Asia as it would appear that the only thing they did allegedly wrong was to allow you to fly to Thailand, but I would suggest that they will succesfully argue that as far as they were concerned your credentials were valid and in any event, yours is the risk in flying to a foreign country with a damaged passport.

In regards to a claim against the embassy, the problem will again lie with them arguing that they thought that the letter etc would be sufficient and that it was simply over zealous immigration officials which they could not anticipate.

Your insurance company will probably have a very good get out clause because you allowed the passport to become damaged and the resulting shenannigans was directly caused by that fault. Best to check your policy as to accidental damage etc.

TBH I would probably claim against the manufacturer of the alleged 'water proof' case as they clearly aint and as such, in breach of the sales of goods act, consumer protection act.

Its a tough one and for the time, I would be just happy that your fella isn't rotting inside the bangkok hilton.

I would also be making a big noise to the embassy about how you were treated etc and to Air Asia, but I wouldn't be very confident of getting any money for it.

Hi Roise

It's an impossible situation. But you never know, I would write Formal Letter of Complaint to The

British Embassy, Thailand Embassy, Air Asia and the insurance company. Mark the letters as such,

don't expect too much, but you never know. Enclose the British Embassy letter.

AirAsia - Tony Fernandes, CEO - [email protected]

British Embassy - http://ukinmalaysia.fco.gov.uk/en/

http://www.thaiembassyuk.org.uk/?q=node/59

See where you go from there.

why diddent the kuala lumper embassy get you a new passport

instead of telling you to get one from the embassy when you got

to thailand