luci

Basically it is my responsibility to check the terms and conditions on their booking summary and it is brought to the attention of each customer on who to contact for visas when booking their holidays. Also in their terms and conditions there is a highlighted section for injections (Still no terms and conditions received)

As I have said earlier, this runs contrary to the Package Holiday Regs. I recommend you go back to Pam with a view to getting a refund, and to your local trading standards for them to prosecute FC for a breach of the Package Holiday Regs. If found guilty it will cost them £ thousands.

Peter

this runs contrary to the Package Holiday Regs

I'm less sure than Peter, that it does. The regulations he quotes don't stipulate that the TO should provide detailed and specific info. In my experience the TOs only ever provide very general information about both visa and health requirements and I don't think that it is quite so clear cut as Peter seems to think:

1) Sandrai's complaint is against the agent in the shop who sold the holiday and I still not sure from earlier posts whether this was a customised package put together by the agent in the First Choice shop or an off the peg one sold by First Choice but provided by another TO. This point as to who put together the package needs to be established in order to be sure who was at fault within the regulations in the first place.

2) But more importantly, there are no formal health requirements for entry into China other than for travellers travelling from a Yellow Fever area. A TA or TO would, therefore, be acting fully within the regulations if they informed clients that travellers from the UK are not required to have any innoculations and vaccinations but that they should check with their GP. However, as Sandrai has since discovered, certain prophylatic measures are RECOMMENDED for travellers to China but she has decided that she neither wants to give her children these nor take the risk of taking them to China without them.

This whole case centres on the fact that the TA told her that

I asked about injections are they needed as I was not willing to put my kids through that just for a holiday I would go to another destination and she assured us none were required so I went ahead and paid a deposit.

This was accurate information in that none are REQUIRED for entry into China from the UK and there are, therefore no health formalities required for this holiday even if there are strong recommendations. So again I think that the issue is a lot less clear cut. Given that Sandrai feels so strongly about this issue in relation to her kids I am surprised that she didn't do some research before even thinking about making a booking for China but if wants to pursue this she really does need to be guided by Ros who has already indicated via Pam that whatever other grounds she might have for winning a case against First Choice, she thinks the Visa and health issue one will be hard to win.

The solicitors thinks even though we asked about injections and visa numerous times but never got anything in writing the rep will deny ever being asked and this will make it slightly harded to deal with.

SM

A very good 'second opinion' SMa, I agree with you more than I do me!

Peter

Just a quick update. Trading standards have looked at my complaint and confirm I DO have a valid complaint and they are willing to take matters forward to look at prosecuting them and explained what i would need to do if I wanted to take matters to court. Abta had 21 days to get back to me and again they went over this by five days and the reply was we need more information but I do not have a indication how much longer they are going to take as I emailed them everything on Wednesday and put hard copies in the post recorded delivery.

I told trading standards I have contacted ABTA and they said it was up to me either let trading standards and the court deal with it or give ABTA a chance as they are ABTA members and depending on what they think they might be able to move things forward a lot faster so I will give them another week.

Do you think a week is fair enough?

thanks

sandra

I think another week is ample. I personally think you will have more success with TS and the court than with ABTA, but the court may ask if you have tried all other methods to resolve this before taking legal action.

Good luck with it.

luci