A traveler turned to the Mediation after canceling a trip to Cuba, asserting that his travel agency had not informed him of the consequences that such a journey could have on his future travels to the United States. He requested the reimbursement of the amounts paid and compensation of €400.
Before departure, the client discovers that a trip to Cuba no longer allows him to benefit from the ESTA scheme, the electronic travel authorization for the United States.
Fearing that this situation could jeopardize his future travel plans, he decides to cancel his trip and reproaches the agency for never having alerted him to this point.
The travel agency had communicated the entry formalities applicable to Cuba. The itinerary description specified, among other things, the documents required, the obligation to obtain an e-Visa, as well as the prior registration with the Cuban authorities.
Before departure, the client discovers that a trip to Cuba no longer allows him to benefit from the ESTA scheme, the electronic travel authorization for the United States.
Fearing that this situation could jeopardize his future travel plans, he decides to cancel his trip and reproaches the agency for never having alerted him to this point.
The travel agency had communicated the entry formalities applicable to Cuba. The itinerary description specified, among other things, the documents required, the obligation to obtain an e-Visa, as well as the prior registration with the Cuban authorities.
What the texts say :
The Mediation recalls that Article R. 211-4 of the Tourism Code obliges the professional to provide the traveler with general information concerning the entry formalities for the destination country, notably those relating to passports, visas, and health formalities.In this case, the information regarding the entry formalities for Cuba had indeed been communicated. Moreover, a stay in Cuba does not forbid subsequently traveling to the United States: it only prevents requesting ESTA authorization, without hindering the obtaining of a traditional visa from the American authorities.
What the Tourism and Travel Mediation recommends :
The Mediation finally notes that there was nothing to establish that the agency knew the traveler’s plan to go on to the United States. Under these circumstances, it could not be required to inform him of the potential consequences of his stay on a future trip to another country.
The Mediation therefore found that the agency had fulfilled its duty to inform and that no legal basis allowed granting the traveler’s request.
A different solution could however have been considered if the traveler had proven that he had informed the agency, before booking, of his plan to travel later to the United States.
The Mediation therefore found that the agency had fulfilled its duty to inform and that no legal basis allowed granting the traveler’s request.
A different solution could however have been considered if the traveler had proven that he had informed the agency, before booking, of his plan to travel later to the United States.
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