Problem leaving Egypt

[gd47]

I've offered a friend advice on this one, but I'm not quite sure where to start!

The facts are:

He booked a return flight ticket to Hurghada from Manchester through Travel Republic.

The carrier was Thomas Cook.

Upon arrival for his return flight back to Manchester he was denied boarding at check in as he had been in Egypt for more than three months.

Evidently, there are rules in place which state that any stay in excess of three months invalidate return by charter flights (be it Civil Aviation rules or Egyptian law).

He was 'obliged' (ie compelled) to stay in Hurghada Airport for about 48 hours until he could return to the UK on a Turkish Airlines schedule flight which he had to pay for.

At no time was he offered any assistance whatsoever by Thomas Cook.

He tried to complain to both Travel Republic and Thomas Cook on his return to the UK, even to the extent of just a refund on the return section of his ticket, but has been fobbed off with just a standard 'your responsibility to ensure your visa was in order' letter (it was, otherwise entry would have been refused in the first place! ).

To clarify, his problem was with departure, not entry.

 

Thanks in advance for all your invaluable advice!

[JurgenMK]

The ABTA (Association British Tour Operators) Code Of Conduct states:

 

Rule 2F & 2G - requires that before a contract is made that the travel agent or tour operator will provide information on health requirements and draw their attention to Department of Health travel health advice, and that before a contract is made the travel agent or tour operator shall advise on passport and visa requirements where it is reasonably practicable for them to do so. In other cases they will provide reasonable assistance in obtaining such information.

 

Helpful possibly as well:

 

http://www.tradingstandards.gov.uk/cgi-bin/brent&harrow/con1item.cgi?file=*ADV0049-1011.txt

 

So the first question is, was this information given? And is there a visa available that would allow to return on a charter flight after 3 months? If not, the ticket should not have been sold in the first place. If yes, it would be the responsibility of your friend to obtain such visa.

Edited May 18, 2013 by JurgenMK

[Cityboy62]

A tough lesson to learn but one which I am sure won't be repeated by the OP or his friend.

 

The ABTA code of conduct is just that, a code, which has no relevance to whether the OP's friend could recover any sums paid or in compensation for his lack of adequate documentation. The correct Regulation under which any compensation might be paid or reimbursement recovered would be EC 261/2004.

 

There is no provision under 261/2004 for any reimbursement or compensation for denied boarding if the passenger's travel documentation is inadequate for the journey:

 

Article 2

 

(j) "denied boarding" means a refusal to carry passengers on a flight, although they have presented themselves for boarding under the conditions laid down in Article 3(2), except where there are reasonable grounds to deny them boarding, such as reasons of health, safety or security, or inadequate travel documentation;

[gd47]

Thanks for the very quick replies!

 

My friend's documentation was all in order...it's just that there is a 'law' (or whatever, be it CAA rules or an Egyptian law) which says that anyone who has been in Egypt for longer than a certain period of time is not allowed to leave the country on a charter flight.

 

My point is, who is responsible for this situation?

My friend was not aware when he purchased the ticket.

Everyone is made aware of entrance requirements, but problems leaving a country? Quite honestly, it's not something which would even enter my head when booking a flight ticket!

Should he have even been sold the ticket in the first place...after all, should not travel companies know the rules and regulations regarding the products they are selling?

 

Once again, many thanks.

[JurgenMK]

That is exactly the point. Should the ticket been sold in the first place if there is no exemption to the visa rules?

I would contact the tour operator again and if unsuccessful contact ABTA.

 

And sorry, cityboy, you are not quite right: firstly, all members of ABTA commit themselves to adhere to this code and would be in breach of their membership conditions which nobody really would want to risk. Secondly, the rules you quote, apply to charter flights only when this flight was sold as part of a package.

[Cityboy62]

And sorry, cityboy, you are not quite right: firstly, all members of ABTA commit themselves to adhere to this code and would be in breach of their membership conditions which nobody really would want to risk. Secondly, the rules you quote, apply to charter flights only when this flight was sold as part of a package.

 

I am not arguing about ABTA members committments to a code and breach of any code! Merely that it has no relevance to any recompense the OP's friend may seek to recover.

 

The Reg I quoted applies to all flights which depart from the EU to all other countries and to flights on EU carriers when they are flying to the EU. It would be under this Reg the OP's friend would have to seek any recompense for denied boarding but I can see no way under the Reg that they would be able to do so. My point being it wasn't the airline's problem that the passenger did not comply with relevant local laws but that responsibility lies with the passenger. Relevant case law supports that viewpoint.

[gd47]

My point being it wasn't the airline's problem that the passenger did not comply with relevant local laws but that responsibility lies with the passenger. Relevant case law supports that viewpoint.

 

Good point, but don't Travel Republic bear any responsibility for selling a (by virtue of local law) what, in effect, was an illegal (or at the very least an invalid) ticket?

[Cityboy62]

Good point, but don't Travel Republic bear any responsibility for selling a (by virtue of local law) what, in effect, was an illegal (or at the very least an invalid) ticket?

 

That may be the case and for that your friend would have to complain via TS.

[foxtrotcharlie]

You can go to ABTA and complain about the travel agent. the flight shouldnt have been sold in the first place or should I say the facts relating to exit from Egypt after 3 months should have been shared with the customer. I believe that your friend does stand a chance to receive atleast some gesture of goodwill from teh travel agent if not complete refund.