Case against Travel & Tourism company

Legal Analysis

Nature of the Transaction and Breach
The relationship between you and Cubana Travel & Tourism constitutes a contract for the provision of services under the UAE Civil Transactions Law (Federal Decree-Law No. 50 of 2022). The company’s failure to deliver the agreed service after receiving payment amounts to a fundamental breach of contract and potentially criminal fraud, depending on intent and circumstances.

Criminal Aspect – Fraud (Article 451 of the UAE Penal Code)
Under Article 451 of Federal Decree-Law No. 31 of 2021 (Penal Code), it is a criminal offence to obtain funds from another person by means of deceit or fraudulent acts with intent to unlawfully appropriate such funds.
If the company or its representatives collected your payment knowing they would not fulfil the service, this conduct qualifies as fraud (احتيال).
The offence is punishable by imprisonment and/or a fine, and the authorities may also order restitution of the amount paid.

Administrative Aspect – Violation of Licensing and Consumer Protection Laws
The Department of Culture and Tourism (DCT) – Abu Dhabi regulates travel and tourism companies. Operating without a valid licence or collecting payments without rendering services violates Cabinet Resolution No. 12 of 2021 and Federal Law No. 15 of 2020 on Consumer Protection, both of which allow administrative penalties and cancellation of the trade licence.

Civil Aspect – Right to Recover Payment
You are legally entitled to recover the amount paid under the principle of unjust enrichment and non-performance (Articles 318 – 324 of the Civil Transactions Law). This may be pursued through:
- A civil claim before the Abu Dhabi Civil Court; or
- A criminal complaint that, once registered, allows you to attach your civil claim for damages within the same proceedings

Hi.. Yes, we have had similar cases and have dealt with them before. There are options to retrieve the money that has been paid. Please share your contact details and we can share the office location to discuss. The consultation is free, and once here, we can show similar case judgments and the process details to get the amount.

Hi.. Yes, we have had similar cases and have dealt with them before. There are options to retrieve the money that has been paid. Please share your contact details and we can share the office location to discuss. The consultation is free, and once here, we can show similar case judgments and the process details to get the amount.

Hi.. Yes, we have had similar cases and have dealt with them before. There are options to retrieve the money that has been paid. Please share your contact details and we can share the office location to discuss. The consultation is free, and once here, we can show similar case judgments and the process details to get the amount.