The Mudcat Café TM
Thread #130753 Message #2944224
Posted By: Richard Bridge
13-Jul-10 - 04:11 AM
Thread Name: BS: passport withholding
Subject: RE: BS: passport withholding
Way outside my areas of expertise. Assuming that the ship was in Athens not on the high seas when the note was signed I suspect Greek law relating to consumer protection might apply (and lots of that will follow EU law). You might get lucky and find that the jurisdiction clause (obliging all lawsuits to take place in Texas or wherever) is unenforceable. The conventions on recognition and enforcement of judgments have been a moveable feast for the last 20 years.
If English law applied, then it might be arguable that the note is void (or voidable) under the doctrine of duress.
If that line of argument failed, it may be arguable that you were induced to enter into the "promissory note" by the misrepresentation that it was merely a promissory note.
It might be worth having a look at the remaining parts of the Statute of Frauds.
I have a little bell going off that maybe passports remain the property of Her Majesty's government so the government could demand its return (and then give it back to you) - but don't take that as gospel.
Turning to the quality of service delivered generally, the law relating to the incorporation of terms and conditions is fairly complicated (I do know this bit) and I strongly suggest that the terms and conditions will have been incorporated, although you may be able to get to arguing that there is a contract on the brochure terms -see Bowerman - v - ABTA.
Assuming that the operators are members of ABTA I think ABTA has industry standard requirements about small print, and there has been some specific legislation about tour operators that is again outside my knowledge.