i have found a couple of websites that clearly state you need 10-14 days to get a visa to GOA, this is one:

http://www.discovergoa.co.uk/passport.asp

The Tour operator has a duty of care here and should know the relevant information and i think if you can show that they should have advised you that a visa is not possible in 7 days then you have a strong case for a full refund.

Kind Regards
Stewart

Have a look at this -

The Package Travel, Package Holidays and Package Tours Regulations 1992

© Crown Copyright 1992
The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

Information to be provided before contract is concluded
7.—(1) Before a contract is concluded, the other party to the contract shall provide the intending consumer with the information specified in paragraph (2) below in writing or in some other appropriate form.

(2) The information referred to in paragraph (1) is:—

(a) general information about passport and visa requirements which apply to British Citizens who purchase the package in question, including information about the length of time it is likely to take to obtain the appropriate passports and visas;

Under the Package Holiday Regulations at Section 7 (2) (a), they can't be negligent regarding visa information. You should demand a 100% refund, and require compensation.

Otherwise have a word with your local Trading Standards who enforce the Package Holiday Regs. Mentioning them might just get a quick response from FC who know very well that fines run at around £1000 an offence plus £1000 costs.

Peter

Go back to your travel agent and tell them you want them to refund the difference. They will no doubt tell you again that they can't. Point out very politely but clearly in one words of one syllable that you do not care whether they say they can or they can't, but as they sold you the holiday knowing (or they should have known) that obtaining a visa at that short notice was not possible it is up to them to reimburse you and then they can persue First Choice for any monies they consider due to them. Unfortunately a lot travel agents these day do not have sufficient knowledge to allow them to do their jobs as efficiently as they should.

The fact that they've given you £580 clearly shows they know they were in the wrong!!!
Have you cashed the cheque or sent it back?

Regarding Sunaddict's post. I do not think it is fair for you to comment on the knowledge of Travel Agents. I know that there may have been a error made on this occasion but many travel agents have got many years experience and have exceptional knowledge regarding different areas around the world.

Regarding Sunaddict's post. I do not think it is fair for you to comment on the knowledge of Travel Agents. I know that there may have been a error made on this occasion but many travel agents have got many years experience and have exceptional knowledge regarding different areas around the world.

Sunaddict was being over generous. It is a sad fact that some travel agents show considerable economy of the truth in order to clinch a sale, but not necessarily in this case.

Peter

Sunaddict was being over generous. It is a sad fact that some travel agents show considerable economy of the truth in order to clinch a sale, but not necessarily in this case.

Peter

There is absolutely no way that someone would sell you a holiday knowing that you won't be able get a visa just to clinch a sale, zero, nil, no chance, and it shouldn't be implied.

There is certainly ignorance and possibly negligence in not knowing up to date information regarding the visa situation (which as you say had recently change). Knowing how complex the Indian Visa situation can be at the best of times, i'm amazed anyone is allowed to book a holiday to Goa before they have the visa in hand.

There will certainly be a disclaimer in their terms and conditions which 'covers' them. However, I have no doubt you could and should and will be able to reclaim the balance of the holiday, though I think you will face a battle for compensation, as they will argue (and are possibly correct in saying) that a portion of blame has to lay with you (no matter how small).

However, if you repeatedly re-emphasis in all correspondence that the sole reason you purchased the holiday was because you were assured that you would be able to get a visa, and they have to accept responsibility for that. They sold you something you could not actually have, whether by accident or not, and have to refund you.

Sorry, as no editing is possible - just to add -

I mean need a visa before a 'last-minute' holiday to Goa, obviously not any holiday.

And also, although costly and time consuming, did you have the option of going to London or Manchester or a larger embassy to get the visa on the day? Obviously you wouldn't want to have to do this, but it was possibly preferable to losing £300 ish and a holiday?

Thank you all so much for your advice and for responding so quickly.

Stewart, I normally am very organised when it comes to holidays and always do plenty of research on the internet prior to booking re the location/resort/hotel etc. Unfortunately, on this occassion it was very last minute as we did not think we were going to get away this year and we just went into the travel agents, gave them the dates and asked them what late availability deals they had. Goa was one of the locations as well as Egypt and Kenya(which the travel agent told us we didn't need a visa for, which I understand is also incorrect).

Wow, Peter, thanks for pointing out that piece of legislation. How can they wriggle out of that one - doesn't sound like they should be able to. That is a solid piece of backup for me to get a full refund PLUS compensation.

Sunaddict, are you saying that I should not contact FC Cust Serv but continue to pursue the refund of the difference from the branch? I have to agree with your comments re their lack of knowledge. The person in the visa application centre told us that she had phoned FC the previous week and told them to stop telling customers that they can get the visa in the same day. The process has changed 6 mths ago and they should keep up to date with these kind of things.

Chivas69, I made the mistake of paying on my debit card ( which i will never do again) and so they said they would just refund the 580GBP straight back onto my card. Howver, I did make it clear that this refund was not acceptable to me.

Travelling Sam, the crux of the matter is that they did not know the process had changed and therefore the information they gave re the timescale for the visa, although would have been correct 8 months/1 yr ago, was now completely wrong. I really just want the remainder of my money back and am not overly concerned about getting any compensation on top.

Thanks again for all your help. I will keep you posted on the outcome.

Oh no, this is horrible, and i am amazed that first choice told you this, as they are a major tour op for Goa.
I hope you get ALL your money back, don't give us, and please let us know what the outcome is
Nicola

There is absolutely no way that someone would sell you a holiday knowing that you won't be able get a visa just to clinch a sale, zero, nil, no chance, and it shouldn't be implied.

I must agree. We are not saying that a error was not made by the Travel Agent on this occasion. However Travel Agents are there to help and past on their knowledge in order to get the best possiable holiday to suit all the clients needs.

Regarding the orginal post, as a Travel Agent we always check with the embassey to make sure we have all the recent information. If you are not getting any where with your Travel Agent the best thing that I can surgest is to write in a letter of complaint to their customer services and let them look into the matter.

We have another complaint about First Choice and visa advice HERE, where amazingly the complainant was told a visa was not required to visit Communist China.

many travel agents have got many years experience and have exceptional knowledge regarding different areas around the world.

But many don't, this is the problem that's the root source of many complaints on this particular forum.

Peter

But many don't, this is the problem that's the root source of many complaints on this particular forum.

Peter , hope you don't mind me interupting, but i would class first choice as a major tour operator to Goa, so i would assume they know the up to date visa situations.

gremlinsmp

I'm sorry you don't think it's fair if I comment on travel agents' knowledge. I have come into contact with travel agents through work for many years. I have worked in Tour Ops. and in retail in both sales and admin. I am not disputing that some agents have years of experience and exceptional knowledge but in all my travel exams I was taught that being a good agent was not about knowing everything but knowing where to find the correct information. Unfortunately I think there are a lot of agents that aren't in possession of either sets of information. That is just my opinion,

Pinky_red

I would pursue the travel agent for the difference. As chivas says they have already admitted they were in the wrong by refunding you what they have. Contact First Choice if all else fails.

Peter , hope you don't mind me interupting, but i would class first choice as a major tour operator to Goa, so i would assume they know the up to date visa situations.

Not at all yummymummy, I agree with you, and it's what makes me suspect some don't give a damn what they tell the client as long as they get the sale. Any come back later and they deny it, it happens time after time on these pages.

Peter

They state that the situation changed 6 months ago, but last summer (2007), an ex-colleague wanted a nice holiday abroad and so I advised her on my preferred locations.
She decided on Goa, of which I had no knowledge or experience so I kept out of it other than pointing her here.
I was amazed at the hoops she had to jump through to get the holiday.
I was used to going on line booking and turning up, but she had to go through all the Visa applications, and pay for someone to ensure they were processed correctly and quickly, before she could even book the holiday!
I was entering this feedback to show that some TAs were not allowing booking until the visas were obtained, but having only just remembered I pointed her here, I expect the best advice was given by our members so I will just shut up again.

Not at all yummymummy, I agree with you, and it's what makes me suspect some don't give a damn what they tell the client as long as they get the sale. Any come back later and they deny it, it happens time after time on these pages.

Peter

I absolutely agree Peter, it is such a shame really.

latest update:
went back to FC branch on Sat to quote relevant legislation and threatened them with Trading Standards and getting lawyer involved. The manager was off sick so the Asst Mngr referred it to the Regional Manager. The Asst Mngr has just called me back to advise that the Regional Manager is not prepared to authorise any further refund and if I want to pursue it I need to go through FC Cust Serv. The Asst Mngr said she had called Cust Serv and they said they only had to advise whether a visa was required for travel or not.

Is it time to contact Ros or should I go through Cust Serv first and see how far that gets me? I am still very tempted to contact Trading standards as there is still a clear misunderstanding of the legislation within FC. What do you suggest my next step should be?

I would contact Ros who may well advise reporting the matter to Trading Standards.

Peter