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A class action lawsuit has been filed challenging Access Asia Tours cancelling a trip to Hong Kong and allegedly failing to refund Canadian customers.
The Access Asia Tours class action lawsuit was filed by NAIOP Research Foundation, which claims that Access Asia failed to refund almost $150,000 from a cancelled Hong Kong trip.
The NAIOP Research Foundation claims that Access Asia broke contract terms by not refunding the full cost of the tour.
NAIOP self-describes as a corporation that provides “advocacy, education, and businesses opportunities” to members of the real estate industry by connecting North American real estate business members.
Allegedly, NAIOP’s representative group, a group of 17 people representing organizations affiliated with NAIOP, purchased tour services from Access Asia.
NAIOP reportedly entered into a contract with Access Asia, which agreed to provide oversees tour services to Hong Kong and Japan from Aug. 16, 2019 and Aug. 24, 2019. NAIOP allegedly agreed to pay $166,030 for the travel tour services.
The Asia Tour class action claims that the contract stipulated that if a tour was cancelled because of “government travel warnings, declared or undeclared wars, hostilities, civil disturbances, strike, riot, epidemics, and quarantines” Access Asia would refund all of NAIOP’s expenses except for irretrievable expenses and loss.
According to NAIOP, the organization paid a deposit of $28,360 on Jan. 29, 2019. The organization’s travel refund class action lawsuit asserts that the foundation then paid the balance of the tour cost, $137,670 on May 20, 2019.
Allegedly, in June 2019, Hong Kong experienced civil unrest, and continues to experience the unrest. The foundation claims that this unrest included “large scale political demonstrations and the closure of the Hong Kong airport.” There are allegations of police brutality during the unrest as well, prompting a group of activists to pursue legal action against U.K. officers working in Hong Kong’s force at the time. Access Asia and NAIOP reportedly came to a mutual agreement to cancel the tour due to the unrest.
The NAIOP Access Asia tour refund class action lawsuit says that in August 2019, Access Asia refunded $23,220 of the tour cost. Allegedly, on Aug. 28, 2019, the foundation demanded that the remainder of the balance be returned. However, Access Asia reportedly refused this request, and kept the balance of the tour cost.
According to NAIOP, Access Asia owes the foundation $142,810. NAIOP has filed the Access Asia class action lawsuit because Access Asia allegedly broke contract with them.
The foundation has filed the Access Asia Tours class action lawsuit on behalf of both the foundation and its representative group. The foundation claims that they and members of the representative group were financially injured by Access Asia’s conduct.
NAIOP seeks the amount owed, as well as restitution for unjust enrichment, general damages to compensate for injury by Access Asia, court costs, and interest as appropriate.
Have you even been wrongly denied a refund for travel costs? Share your experiences in the comment section below.
The NAIOP Foundation and the NAIOP Representative Group are represented by Anna Sekunova of Clark Wilson LLP.
The Access Asia Tours Class Action Lawsuit is NAIOP Research Foundation Inc., et al. v. Access Asia Tours LLC, et al., Case No. S1913657, in the Supreme Court of British Columbia, Canada.
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