The Malta Independent 27 August 2026, Thursday
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Court: Travel Agency Carries two thirds of the blame for lack of information regarding VISA

Malta Independent Wednesday, 9 January 2008, 00:00 Last update: about 14 years ago

A local travel agency, ATV Travel Limited, was ordered to pay for one-third of the damages incurred by a family, after it failed to correctly inform it about the need for a Travel VISA when buying an Alaskan Cruise.

The family, filed a petition before the First Hall of Civil Courts, saying the travel agent failed to inform them about the need for a VISA.

The court, presided over by Mr Justice Geoffrey Valenzia, heard how the family had bought a package, including a flight Malta/London/ Vancouver/London/Malta, four nights accommodation in Vancouver, and a cruise in Alaska, on board Carnival Spirit. The package was worth e9527.13 (Lm4,090).

On arriving in Vancouver, the family, was informed that it could not board the cruise liner unless in possession of a VISA.

The agency made all necessary arrangements for the family to return to Malta, and also offered them a complimentary ticket for a Mediterranean Cruise and a flight to Croatia, which the family deemed unacceptable.

Mr Justice Valenzia said the agency failed to correctly inform the family about the need for a travel VISA, as stipulated by an EU Directive, even though prospective customers were invited to check any travel requirements by means of a brochure.

The judge said the directive stipulated that customers should be informed about any travel arrangements before the tickets are handed over to them.

However, the family was judged to carry some responsibility as it did not investigate the need for any arrangements, even if it was generally outlined in the brochure.

As a result, the judge held the agency responsible for two-thirds of the damages, while the family was held responsible for a third of the e12,653.62 (Lm5,432.20) it claimed in damages.

To this end he ordered ATV Travel Limited to pay the family e8,435.73 (Lm3,621.46).

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