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Hi! LegalGems here. My goal: To Do My Best To Assist You. Please remember, I can only provide general information,as this is a public forum.
Was arranging for the visa part of the contractual agreement you had with the travel agency?
1) ONCE PARTIAL PAYMENT OR FULL PAYMENT HAS BEEN MADE, IF ANY DATE CHANGES OCCURE THEN PENALTY AND FARE DIFFERENCE WILL BE APPLIED.
2) IN RARE CIRCUMSTANCES, IF PASSENGER IS UNABLE TO TRAVEL DUE TO DELAY IN VISA STAMPING THE TICKET MONEY WILL BE REFUNDED AT MINIMUM OF 90 DAYS TIME;UMRAH VISA FEE AND HOTEL IN MEKKAH AND MEDINAH ARE NON-REFUNDABLE.
3) ONCE THE PASSPORTS ARE SUBMITTED TO THE SAUDIA CONSULATE, IF FOR ANY REASON THE PASSPORTS DON’T GET STAMPED BEFORE THE PASSENGER’S DEPARTURE DATE, THEN PASSENGER IS RESPONSIBLE FOR DATE CHANGE FEE AND FARE DEFFENCES.
this was their argeement
They did not give me any proof that they submitted my passport for Saudi visa
Does it say anywhere in the agreement that the agency is responsible for securing the visa (as opposed to the customer securing it)?
they only had these 3 lines in the agree ment
the saudia visa was closed for longer
I got email from them on 7/19 that they bought my plane ticket
and submitted my passport for SA visa
but in my passport there is no sign of visa application
neither they showed me any proof that they submitted for my visa application or whether they have done any hotel reservation on SA
I send them money and all necessary document because I can not secure the visa
the visa has to be done through the travel agency
OK. so the fact that they emailed you showing they submitted passport for the visa indicates it was their responsibility. So if they failed to do so (especially if they failed to exercise due diligence) you can bring a breach of contract action. In what country is the travel agency located?
AL HIDAYA INC
TRADE SKY TRAVEL
72-32 BROADWAY SUITE 206 JACKSON HEIGHTS, NY 11372
PHONE:(NNN) NNN-NNNN; FAX:(NNN) NNN-NNNN/p>
Oh, perfect, so the USA has jurisdiction. Are you in NY?
I am in Hillsboro Or
I have documented all the events
can I send you that email with all the proofs
Thank you for the extra information; that is helpful. So you can file suit in OR based on the long arm statute (no, I'm sorry ; we can't review specific documents as that is against the terms of the site..)
since the NY company does business in OR. You can file for breach of contract, requesting refund of all monies paid. Alternatively, if you book another trip, you can ask for the increased costs as damages (say the first trip was to be $5K but you had to pay $8K for the same trip by virtue of using a different travel agency, despite trying to mitigate/avoid these damages; your damages would be $3K). You can also request attorney fees and costs. However, if the trip is not in the immediate future, it may be best to send the company (preferably a supervisor) a demand letter, requesting that they procure the visa immediately (generally you can expedite this for a fee but I am not familiar with Saudi Arabia's rules) and provide you with the itinerary and tickets.
Let me see if I can find you a sample demand letter.
my plan was to visit my home country Bangladesh.
on the way to home I wanted to do umrah
that means pilgrimage
she was very emotional about it.
one can only apply for pilgrimage visa of saudia Arabia through their authorized travel agency
this travel agent assured that they will arrange for visa, hotel and our plane ticket to Portland to SA to bangladesh
once I provided all supporting documents I had lots of difficulty to reach them over phone
they were not even responding to my email
I paid that money by a bank check
then they started sending me wrong itinirity
after 2 wrong booking I got annoyed and was harsh with them
then they provided me with a reasonable booking
on 7/19 they told me that every thing looks loog
then they told me that there is an uncertainty with getting SA visa
they kept on dealying
then I told them I can not wait since I took day off from my work and wanted to go home even I can not get the pilgrimage visa
I looked online and plane ticket for my wife and me was only around 3300$
on the other hand we paid 6150$
for the package of the pilgrimage and visiting home
on 7/18 I asked them for a definite answer whether they can arrange for a visa or not
they told me that they will confirm on Friday 7/19
on Friday they told me that they need more time till 7/24
I am very sorry to hear of this; this must be extremely upsetting given the nature of the trip. Have you checked with the better business bureau or www.ripoffreport.com to determine if this agency is a scam?
I would suggest that you first do that. I'll wait while you do if you would like.
I was carried over - I did not realize that people would scan with someone who wants to go for pilgrimage
it is very emotional
my wife cried a lot
Please look into that while I look into some other avenues. When is your trip planned for?
I scheduled it on 8/3 to 9/1
when I asked them who is going to cover additional cost if they are still unable to mange visa
Oh; so in reality you won't be able to go unless you go with this agency, correct?
I will not go for pilgrimage now
I did some research
I think the saudia visa for this year was closed earlier then 7/19
this agency wanted to take advantage of the contract they made with me and gobble up my money
I bought a separate plane ticket to visit my home
they were not even retiring my passport
finally I told them that I will report this to police and then they send me usps tracking number
I got back my passport
now they have no word on how they are going to give my money back
they have not responded my email request on this
I am very sorry to hear this. I am reviewing some law right now but it is very detailed; if you could wait a few moments while I review some information.
“Then hasten on from the Place from which the people hasten on and ask the forgiveness of Allah; surely Allah is Forgiving, Merciful.” 2:199 (AL-QURAN)
TRADE SKY TRAVEL WILL PROVIDE YOU WITH AIR TICKECT, UMRAH VISA, HOTEL, AND GUIDE. OUR GUIDE WILL HELP YOU TO PERFORM UMRAH IN AN ORDERLY MANNER. OUR GUIDE WILL BE AVAILBLE UPON YOUR REQUEST WHILE YOUR STAY IN MEKKAH AND MEDINA.
THE DOCUMENTS THAT ARE NEEDED FOR UMRAH VISA ARE AS FOLLOWING:
1) PASSPORT, IF BANGLADESHI PASSPORT THEN A COPY OF GREEN CARD IS REQUIRED
2) IF HUSBAND AND WIFE ARE TRAVELING, THEN A COPY OF MARRIAGE CERTIFICATE IS REQUIRED
3) IF CHILDREN ARE TRAVELING WITH PARENTS, THEN CHILDREN’S BIRTH CERTIFICATE IS REQUIRED
4) 2 PASSPORT SIZE PICTURE, MUST BE IN WHITE BACKGROUD
5) MENINGITIS VACCINATON MUST BE TAKEN BY ADULTS AND FOR CHILDREN COPY OF THEIR HEALTH CARD/VACCINATION CARD IS REQUIRED.
DATE CHANGE FEE -$275
CANCELLATION BEFORE DEPARTURE- $395
CANCELLATION AFTER DEPARTURE – NON REFUNDABLE
I AGREE TO THE ABOVE TERMS AND CONDITIONS.
PRINT NAME .
this was a form that i signed and send to them
. Quotation for 4 day Hotel: $390 per person. So package price for 4 days Umrah: Ticket: 2510 + Visa:175 + Hotel: 390= $3075 per person
this is their breakdown of the fees
last time when they informed that they can not manage the visa they also told me that they might refund me part of ticket fee but no less then in 3/4 months
So based on this information, if they cannot obtain a visa they will refund the money within 90 days. When did they advise they weren't able to obtain a visa?
So based on the above, they have until October to refund your money. One moment please I am still reviewing some laws.
sure please take your time
New York does regulate travel agencies so you can file a complaint; however, if under the terms of the contract they have 90 days to refund, you wouldn't really be able to complain unless they fail to refund within the 90 day period. One moment please.
I don't think this portion of the statute is relevant to you, but I'm including it just for reference: http://codes.lp.findlaw.com/nycode/GBS/10-A/157-a - reviewing the remaining code sections.
This is the one that has some substance to it: http://codes.lp.findlaw.com/nycode/GBS/10-A/158
http://codes.lp.findlaw.com/nycode/GBS/10-A/159 - this one addressed the penalties involved if the last statute I cited was in fact violated. The best way to address a violation is to file a complaint with the attorney general in NY.
should i dot now
should I do it now?
The problem is - the damage is already done; you don't get to go on your pilgrimage. So you will likely receive reimbursement for monies expended; but you still won't have your trip. And as you stated - that is not OK. You may want to send a final demand letter to the agency asking them to expedite the visa process so that you can go on the next possible opening (I'm not sure how long it normally takes to get a visa). If they are unable to help you, you may want to file with the attorney general so they investigate this, as this could result in sanctions to the travel agency so that others are not put in the situation this company put you in.
i do not want to deal with them any more
i will be happy if i can get back my money
You can either file a civil suit, or you can file with the AG and see what comes of that. However, you may want to send a demand letter requesting the return of your money paid to date. Let me get you a sample. I am sorry - your family is very disappointed.
Here you go:
www.mass.gov/ago/docs/consumer/conprotlaw.rtf This is from the government of Mass and deals with unfair and deceptive trade practices act. You will need to modify it to address NY's travel statute.
how do i file with AG?
Let me get you that.
Here you go: https://www.oag.state.tx.us/consumer/complain.shtml
how should i send them demand letter? postal mail or e mail
Certified, return receipt requested. But you can also send it via email - just follow up with the certified.
I will send one
thx for your help
You are very welcome. I hope you are able to arrange a pilgrimage in the near future; Take care.
bye good night
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