[2012] T RAVEL L AW Q UARTERLY 179 PACKAGE TRAVEL PILGRIMS DECEIVED Angela Satterly It could be argued that pilgrims were the first tourists and they certainly contribute as significantly to the economies of the places they visit such as the Vatican, Lourdes, the Golden Temple, Our Lady of Guadaloupe, the Ganges and Jerusalem as other more conventional tourists. The religious nature of the travel however does not exempt the providers of the travel services from the law as this article reveals. It is a sad example of a tour operator exploiting a vulnerable group of pilgrims and then hiding behind his status in the community to protect himself. On the 23rd December 2009, Slough Trading Standards service received a complaint concerning a holiday package that was not as described. This complaint was assigned to me, and I rang the complainant on my return to work after the Christmas break on 5th January 2010. I spoke to the complainant, a Mr K, of Langley, Slough. He explained that he was one of many people who had taken a Hajj Package in November 2009 with a company called Mohayodeen Limited based in Slough and he was very concerned that the trip was not as described. He complained about the provision of: the 3/4 star hotel; the air-conditioned transport; the direct return flights to Jeddah; the Qurbani (animal sacrifice); and the provision of an Alim, a Muslim scholar, during the Holy Pilgrimage. He also told me the trip was sold to him by a man who was connected to the Diamond Road Mosque as an Alim and as such was respected and trusted by the Muslim community. He alleged that this man had promised him he would be looked after and that the trip, costing 2500 per person, included his food. He counted this man as a holy man and despite this kind of trip being advertised by other travel agents he decided to put his faith in this Alim. They were afraid to complain He paid this man 5,000 in cash for himself and his wife and it was handed over at the home of the Alim who also lived in Slough. This pattern of payment was repeated by all the pilgrims who complained. He told me that many people who went on this pilgrimage trip were treated badly and were unhappy with the whole package but were afraid to complain as the man who sold them the trip was a holy man and trusted in the community. Despite this, a few were brave enough to go with him to the British Embassy in Makkah (Mecca) when he went to seek advice on their plight. He was advised by embassy staff to take photographs of the living conditions and complain to his local trading standards service on his return to the UK which he did. The facts were simple. There were no direct flights; the pilgrims were split into two groups and travelled by Turkish Airlines with a stop-over of seven hours with no food or drink provided. No wheelchairs were provided for the disabled and elderly and they were transported to their 3/4 star hotel in an old coach which did not have air conditioning and the hotel turned out to be what we would call a hostel. Living conditions were grim, the rooms were dirty, the pillows were soiled, there was no bed linen, cockroaches were
180 [2012] T RAVEL L AW Q UARTERLY running around, the plumbing was coming out of the walls, live electric wires were hanging around the hot water heater and the beds were so close to each other that guests could barely move. When they complained they were ignored; the Alim just walked away from them. The only time they saw him was when he wanted more money to carry out the Qurbani which was already supposed to be included in the price. Even when one of the pilgrims who had a heart problem was ill he refused to help even though they were in a country where they did not speak the language. Their so-called guide, the Alim, left them to sort out any problems themselves. To build a case I needed the other pilgrims to complain to me about the package. Although I later received several letters from some of the pilgrims that went on the Hajj Package 2009 with Mohayodeen Limited it became clear that I needed to talk to the complainants myself and obtain witness statements from them as it was obvious that the letters that they had sent had been written for them as they were all very similar. I spent some time obtaining statements from the pilgrims who were willing to come forward and complain. This proved to be very difficult for I do not speak the same language, which meant it took a long time to reach the complainants and persuade them to give me a statement despite taking a colleague with me who spoke fluent Punjabi. For many it was simply incomprehensible that an Alim would deliberately treat them this badly at such a time as Hajj as their faith teaches them differently. Nevertheless some believed he took advantage of the fact that they were old, disabled and sick. All of them had paid this man either in cash or by cheque. It soon became apparent to me that this trip meant far more to these complainants than just a holiday. It was in most of the cases a trip of a lifetime which they had to achieve in accordance with their faith. Many had spent a lifetime waiting to experience the Hajj Many had spent a lifetime waiting to experience the Hajj and it took all their savings to pay for it. A check at Companies House revealed the Director of Mohayodeen Limited was the son of the Alim and the Company Secretary was his daughter. He was not listed as a Director or an officer of Mohayodeen Limited. However, it became very apparent during the investigation that he was the controlling mind of the company. All the pilgrims stated that they were contacted by the Alim. It was he, who persuaded them to go on the Hajj Package with Mohayodeen Limited. He visited their homes and took the cash or cheques from them. He promised them a trip to remember offering direct flights to and from Jeddah; food throughout the pilgrimage; 3/4 star hotels in Madinah and Makkah; a Religious Alim throughout the Holy Pilgrimage and one Qurbani. There was a banner outside the Mosque in Diamond Road, advertising the Hajj Package 2009 on behalf of Mohayodeen Limited and the contact person on this banner was the Alim and the mobile numbers printed on this banner were his in the UK and Saudi Arabia along with his home landline number in Slough. The leaflet given to most of the Pilgrims entitled Hajj Package 2009 gave details of the Package at a cost of 2500 per person. This leaflet stated that the intended dates for travel were a departure on 17th November 2009 and the return on 9th December 2009. In reality, the date of the actual departure for the pilgrims was the 13th November 2009 returning on or around the 6th December 2009. All the pilgrims who gave me a statement said they had received no documentation at all prior to leaving on the Hajj package. They were only told the date they were leaving the country the night before departure, by a telephone call from
[2012] T RAVEL L AW Q UARTERLY 181 the Alim who also had all of their passports. The pilgrims had no time to inform anyone that they were going early the next morning due to the very short notice. This is significant because before leaving for Hajj pilgrims should contact their family and friends and ask for forgiveness. I interviewed the Alim who came along with his son, the director of the company. It was clear at interview that his son did exactly what his father wanted; he was completely under his father s control. During the interview, despite evidence to the contrary, the Alim stated he had nothing to do with Mohayodeen Limited. He also stated that the money given to him was placed in his daughter s personal bank account as Mohayodeen Limited did not have a bank account despite being incorporated in 2008. It was further claimed by the Alim that he was not employed by Mohayodeen Limited. He stated that he received no benefits or remuneration from Mohayodeen Limited for advertising and selling the travel package. Furthermore it was claimed that another company named Hijaz Travel Limited actually took all the pilgrims from Mohayodeen Limited on the Hajj Package 2009, as Mohayodeen Limited failed to obtain the required visas for their pilgrims. Many lies were told and as the evidence emerged through more investigation it transpired that Hijaz Travel had indeed taken 49 pilgrims from Mohayodeen Ltd as part of their annual allocation of 309 Visas. The Alim agreed a package for 2,200 for each pilgrim that did not include food, drinks, a guide or the Qurbani. The son claimed that his father informed the Pilgrims verbally of the changes and Hijaz Travel Limited had also written to all of Mohayodeen Pilgrims informing them of the change. None of this was true I interviewed the daughter who admitted that both cash and cheques taken from the pilgrims were deposited in her own personal account. She Despite evidence to the contrary, the Alim stated he had nothing to do with Mohayodeen Limited stated that all of this money, totalling 28,000, was paid to Hijaz Travel Limited by two cheques. She also stated that her father had nothing to do with the day to day running of the company, Mohayodeen Limited, and he did not organise anything. This woman, like her brother, was controlled by the father. I wrote to the director of Hijaz Travel Limited requesting an interview and someone at Hijaz Travel Limited phoned to inform me that the director, Mohammed J, was out of the Country. I again wrote to Hijaz Travel Limited requesting that the company secretary or the director attend an interview at Slough Borough Council. I received a further phone call from someone at Hijaz Travel Limited who informed me the director Mohammed J was not able to attend an interview as his mother was ill, however, the company secretary, a Mr SK, would attend. The interview took place, but Mr SK, despite being the company secretary was unable to answer most of the questions put to him; he was more involved in running a fast food shop. He did say however that the deal to take Slough s pilgrims was done by the Alim and Mohammed J. He also said the director of Hijaz Travel Limited was busy and it would be better to put my questions to him in a letter. I wrote to Mohammed J and enclosed a questionnaire for him to complete for me. I received a response from him in August. In this letter Mohammad J clearly states that the Alim visited Saudi Arabia personally and chose the hotels for the Mohayodeen pilgrims. Also stated is the fact that a deal was done to take the Pilgrims from Slough on the Hajj Package via Hijaz Travel Limited. However, the deal was struck by the Alim and not his son as stated in his interview. Furthermore it was different to the packages offered by Hijaz Travel to their pilgrims as the Alim wanted a discounted
182 [2012] T RAVEL L AW Q UARTERLY tailor-made package for his pilgrims, which did not include the Qurbani or any food. He stated he knew nothing about the company Mohayodeen Limited. In response to the questions asked, Mohammad J stated that Hijaz Travel Limited never contacted any of the pilgrims from Slough to inform them of changes. He claimed it was the responsibility of the Alim. He had never received any money directly from the pilgrims of Slough. He sent a list of 49 Pilgrims that Hijaz Travel took on the Hajj Package who had been referred by the Alim and two hotel contracts in Arabic. I re-interviewed the Alim as new evidence came to light; however, this interview was aborted when he requested a solicitor. He finally came to the third interview with a friend. I asked about the money he had taken from the 49 pilgrims in Slough at 2,500 per person. This equates to a total of 122,500 without anything for extras. For instance some complainants paid 400 extra for requesting a room to themselves. As Hijaz Travel only charged the Alim 2100 per person, a total of 102,900, there was a discrepancy of 19,600 between what the Alim received and what he paid to Hijaz. The Alim stated that two persons went free, himself and his younger son, contrary to his first interview where he stated he received no benefits or payments from Mohayodeen Limited. He further stated that about 10 persons only paid 2,250 not the 2,500 but he was unsure on this. I wrote to the son requesting the names and addresses of all the pilgrims, along with the amounts paid in cash and cheques by them. I received via e-mail, a spreadsheet from the son giving the names, addresses and a breakdown of the amounts paid in cash and cheques to his father on behalf of Mohayodeen Limited. It turned out that Hijaz travel had been paid 102,000 which still left money unaccounted for. This interview was aborted when he requested a solicitor One of the more disappointing aspects of the investigation was that I contacted many of the other pilgrims who lived in Slough but they made it clear they had no wish to talk about their Alim and we were quickly shown the door. By way of excuse the Alim stated that the pilgrims expect to suffer hardship on the Hajj but when we contacted an expert on the Hajj he explained it quite differently: In relation to the Hajj, it is a religious duty and as such there are elements of hardship that Muslims endure in its performance believing that they are following in the footsteps of the Prophets Mohammed and Abraham before him. The hardship is the performance of the correct rituals, at the correct times, in the correct manner while negotiating your way through the process with several million others trying to achieve the same. The hardship is leaving all your worldly possessions and comforts (computers, perfume, make up, clothes etc) behind. There is a lot of travelling on foot which when combined with the lack of rest and sleep becomes the real hardship of continuing. There is a point during the Hajj when everyone has to camp overnight in Muzalfah in a bare valley without any amenities, food, bedding, soap, shampoo etc. Too often these trips take place and the operators hide behind the fact that the pilgrims expect hardship and they provide a package that falls short of that promised and paid for, and no one complains because it is not accepted to do so.
[2012] T RAVEL L AW Q UARTERLY 183 As a result of our investigations the Alim was prosecuted in Reading Crown Court on 9th March 2012 under the Companies Act, the Package Travel Package Regulations 1992 and the Consumer Protection from Unfair Trading Regulations 2008. The charges under the PTR and the CPUTR were as follows: Mohayodeen Limited, a trader, on days between 1st July 2009 and the 13th November 2009 engaged in a commercial practice which was a misleading action in circulating an advertisement flyer which falsely represented that Mohayodeen Limited would provide a package trip to the Hajj 2009 when the said Company did not possess the necessary visas and was not in a position to offer the said trips itself, and the said advertisement did cause or was likely to cause a consumer to make a transactional decision he would not have taken otherwise, contrary to Regulation 9 and pursuant to Regulation 5 of the Consumer Protection from Unfair Trading Regulations 2008. Mohayodeen Limited, a trader, on days between 1st July 2009 and the 13th November 2009 engaged in a commercial practice which was a misleading action in circulating an advertisement flyer which falsely represented to consumers that Mohayodeen Limited would provide a package trip to the Hajj 2009 which would include 3/4 star hotel accommodation in Makkah and Medina, air-conditioned transport throughout, the service of an Alim (religious advisor) throughout and one Qurbani (religious animal sacrifice) when the said Company could not, and did not, in the event provide all the elements of the said package and that advertisement did cause or was likely to cause a consumer to make a transactional decision he would not have taken otherwise, contrary to Regulation 9 and pursuant to Regulation 5 of the Consumer Protection from Unfair Trading Regulations 2008. Mohayodeen Limited, on a day between 1st July 2009 and 13th November 2009 being the other party to a contract to provide a Hajj package with a consumer, namely Mr A, failed to provide to him in good time before the start of the journey the times and places of intermediate stops and transport connections and the particulars of the place to be occupied, contrary to Regulation 8(2)(a) of the Package Travel, Package Holidays and Package Tours Regulations 1992. Mohayodeen Limited, by its agent the Alim, on a day between 1st July 2009 and 13th November 2009 being the other party to a contract to provide a Hajj package with a consumer namely Mr A, failed to provide to him before the contract was concluded the arrangements for the security for money paid over and the repatriation of the consumer in the event of insolvency contrary to Regulation 7(2)(c) of the Package Travel, Package Holidays and Package Tours Regulations 1992. The only person charged was the Alim as it was felt that the director (his son) and the company secretary (his daughter) were under his influence so these charges were dropped. The Court took into consideration the fact that he pleaded guilty at the last minute, was previously of good character and had lost his status within the Muslim community and therefore had suffered enough humiliation. They found him guilty on all counts but did not fine him. He was ordered to pay costs of 8,000 plus a compensation order of 500 to all the complainants who had paid in full. He was also barred for 5 years under the Companies Act from being the controlling mind of a company. Angela Satterly, Senior Technical Enforcement Officer, Slough Borough Council