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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

2 yrs ago we purchased a pearl membership in a...

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2 yrs ago we purchased a pearl membership in a travel company worth 11000dhms.We paid the money and after one year we decided to utilise the previliges it had to offer to go on a umrah and we requested them to help us arrange a umrah tour.We are a family of four.We were given few choices regarding the airline schedule and hotel stay etc and we were asked to choose accordingly and we did and confirmed them with the necessary details to proceed and do the bookings.This was done nearly 35 days before our vacation.They forwarded us with the travel itinery and necessary hotel stay details.Everything was sorted.Finally the D -day came and we were all ready to go to airport2 hrs prior.We reached airport and were checking in our baggage and suddenly the person who was verifying our ticket said that there are only 3 tickets.My husbands ticket number was missing .my husband called the travel company to check with the issue and help us out .We were waiting at the counter tensed as were running out of time.We were not gettibg a proper reply from the travel company .In the mean time the airline supervisor told us to decide quickly whether we r boarding flight r not as international airlines need to close checkin 1 hr before.We didnt understand what to do.the travel company asked my husband to buy a ticket for himself and they would reimberse it later .So my husband purchased the ticket at triple the cost as we had no other choice and we mailed the ticket itinery to the travel company for their record.We completed our umrah and came back home and we maiked the travel company regarding the amount to be reimbersed.They started giving weird reasons like it was their airline fault and they were waiting for a reply from them only then they woupd reimberse the amount they spent on our first ticket which was booked by them .They told us clearly that they would not reimberse the amount which we paid at the airport for the purchased ticket.We were shocked to listen this and were left with no clue what to do.We tried to explain them the situation even then they started talking rudwly to us when we said we would take help legally.They said to proceed .Now we dont understand how to aolve this.We requested the company to provide us the supplier details so that we would request them on our own They refused to do so and infact said we have good relations with supplier and we will talk on our own terms you dont to interfere.So as of situation we dont know what to do and how to get our hard owned money back.In this case the whole loss is ours not the travel company nor the so called supplier airline which they mentioned.Kindly suggest us what can we do in this case.
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Abudhabi
Lawyer's Assistant: Has anything been filed or reported?
No
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Thus is all a briefing

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that referring to the Federal Civil Transactions Law No. (5) for the year 1985, the company may be sued on the basis of the rules of harm, as Article (282) stipulates that:
Any damage that followed the others shall be compensated by the person who commits that damage.
Article 292:
The insurance shall be estimated in all cases to the extent that the injured party sustained the damage and the loss he lost, provided that this is a natural result of the harmful action until a claim for compensation for the damage is filed at the competent courts. The conditions for the compensation claim shall be fulfilled, as the damage shall be real, and this means that the damage is firmly confirmed and certain, so it is not permissible to compensate for the probable damage, because it is unrealized, but rather the damage shall be immediate, whether the damage is a loss to the victim or a loss of profits, where the lost of profit and the loss are two forms of a damage.
*** So that, the legal procedure to sue the company that you shall seek the assistance of a lawyer to undertake the procedures for issuing the legal warning to return the amount, and if the response is not made within the period specified in the warning, it is possible to resort to the judiciary and file the lawsuit and claim the amount paid for the purchase of the ticket in addition to the request for compensation for any material or moral damage which the court estimates according to the evidence presented to it.
thank you

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Plz explain in simple terms

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Simply stated, you can sue and file a case against the company, and claim through the lawsuit the refund of the amount paid in exchange for obtaining the ticket after issuing the legal warning for the company to refund the amount, which means that if the company does not respond or refuses to refund the amount of the ticket, you can resort to the court and take legal action to secure your entitlements through a court order that obliges the company to pay. Thank you

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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