Travel agency to pay damages to cruise passengers

A travel agency has been ordered to pay four Maltese holidaymakers damages because it had failed to inform them they needed a visa to board a cruise liner to Alaska.

The four had booked a cruise to Alaska through ATV Travel Limited. The holiday included four days in Vancouver, Canada, after which they had reserved places on a Carnival cruise liner travelling to Alaska. However, once they arrived in Vancouver, they were refused access to the liner as they didn’t have US visas.

The holidaymakers held the travel agency responsible for damages they suffered and went to court claiming the agency was remiss in not stating they needed a visa. ATV, the agency, argued it had provided the customers with the necessary information and produced brochures including the information which had been handed to the passengers. The judge ruled that the travel agency was bound by EU law to inform travellers about any documentation required before the final contract was reached with them but also that the holidaymakers were partly responsible as it was their responsibility to check about visa requirements. The judge found that ATV was two thirds responsible for the damages suffered by the holidaymakers who were one third responsible.

The moral of this story – when booking a cruise, ask if you need visas.