Atoll Paradise attributes troubles to “lengthy delay in securing bank finance”

Tour operator Atoll Paradise has issued a statement “apologising unreservedly for any frustration caused to any of its customers due to recent cancellations.”

Atoll Paradise is one of the Maldives’ largest local tour operators. However, the Tourism Ministry last week suspended its permit amid allegations it had defrauded customers and international travel agents.

Tourism Ministry Senior Legal Officer Faseeh Zahir told Minivan News the government had have received several complaints in recent months that bookings had been cancelled by the company without being refunded.

“There are allegations of fraud and of the company not acting according to regulations. This is not just a case of one guest, we have received several complaints,” said Zahir. The company has also been fined MVR 1 million (US$65,000).

In its statement, Atoll Paradise said it “wished to make it clear that it is a reputable business organisation and the recent unfortunate developments stemmed from a lengthy delay in securing bank finance to sustain its business operations.”

Cancellations were “unavoidable”, the company said, while “strenuously emphasising” that no employee of the company “ has ever engaged in fraudulent activities towards any external parties.”

The company acknowledged it had encountered “some cash flow difficulties” in 2013, stemming from an “unexpected delay in a bank loan facility.”

“This delay is not to be blamed on anyone (neither person nor corporation), as financial proceedings can sometimes encounter unexpected obstacles and include complexities and lengthy legal clearance procedures beyond the initially expected scope,” the company contended.

“Although the management had explored all available options and done its best to avoid having to cancel any bookings, such cancellations could not be avoided anymore, if Atoll Paradise did not want to further disappoint its customers by leaving them stranded at the airport after their arrival in the Maldives,” the statement read.

“These actions, although difficult to make, were taken in accordance with the Booking Policy of the company, and all customers will be refunded with minimum delay,” the company promised.

Atoll Paradise said it was working with the Ministry of Tourism on “resolving these unfortunate issues so that all pending refunds can be processed without any further delay and normal business operations of the company can commence as soon as possible. It is important to note here that several refunds have already been processed prior to this decision by the Ministry. All customers are informed periodically on the status of their refund.”

Disgruntled customers waiting on refunds

Several of the company’s customers meanwhile contacted Minivan News following publication of last week’s article, with details of their grievances and extensive documentation and correspondence with the company.

The Barras couple initially booked their 14 night, US$24,698 holiday at Dusit Thani resort through Atoll Paradise in July 2012 for mid-February 2013. However three weeks before travelling the couple were forced to cancel their booking for medical reasons, and were promised a refund of US$23,113, including a US$350 ‘admin fee’ and five percent ‘bank charge’ on January 24, as a “one time exception”.

In a long series of successive emails, assorted company staff repeatedly apologised and promised repayment in several days, providing reasons including “It will take 1 to 2 billing cycles for the amount to be posted back to your account”, “I can only file for the refund request by Monday due to bank holidays here until Sunday”, and “we are moving all of our principal banking from three different banks to just one which is Mauritius Commercial bank.”

Several staff members informed the couple that Atoll Paradise had already paid the resort in advance, and was waiting for a refund.

The couple contacted the resort’s management directly, only to discover that the resort had never received payment from Atoll Paradise, and had cancelled the booking immediately on first request.

“The money you paid [to Atoll Paradise was not remitted to us, nor was there any communication regarding a refund since no monetary transaction had transpired between Dusit Thani Maldives and Atoll Paradise for this particular booking,” wrote Dusit Thani’s General Manager Desmond Hatton to the couple on April 9, 2013.

After waiting three months for the refund, the couple began to add their concerns about the company to others on Tripadvisor.

“Your case has been raised this with our Executive Management team, to try and get a better understanding as to when we can rectify this internal issue, as you know this has been pending a while and as such we are not delivering the exceptional service we are known for, this is very disappointing and I can assure you this matter is not being taken lightly,” the couple were informed in April by a staff member called ‘Laura’.

The Barras were then contacted by Atoll Paradise’s Director of Business Development, Chloe Esme Bagir, who informed them that “due to the extent of your unruly comments on the internet, it is now being dealt by our Legal and Accounts Department and will be reviewed in strict adherence to our published Booking & Cancellation Policy. We will reply to you once we get their decision.”

At the time of their contacting Minivan News, the couple were still awaiting payment of their refund.

“Since we didn’t go, the hotel didn’t get paid … so [Atoll Paradise] decided to keep the money for themselves. What kind of company does this?” asked Tristan Barras.

In an email to Minivan News, Atoll Paradise advised that Barras “cancelled shortly before arrival and thus lost 100 percent of the amount paid, in accordance with Atoll Paradise Booking Policy.”

Booking cancelled four days before flight: “I appreciate this will have come as somewhat of a shock”

In another case, Nitchima Chia from Thailand booked a two bedroom pool villa at Centara for six people on March 6-10 through Atoll Paradise, paying US$6,235 upfront via credit card.

Four days before the group was due to depart, having already paid US$3450 for flights from Bangkok to the Maldives, Chia was informed by Atoll Paradise that due to “unavoidable circumstances arising within our operations” their booking, among others falling between May 1-16, had been cancelled.

The company gave Chia the option to refund the full booking value, or reschedule the booking after July 1.

Noting that the group had days left to get on the plane and that the flights were non-refundable, Chia urged Atoll Paradise to move them to another hotel, or refund the full expenses of the trip: “July is impossible as the kids need to go to school during this time,” she said.

Atoll Paradise replied: “I appreciate this will have come as somewhat of a shock, however we are unable to honor any bookings within this period.”

“Atoll Paradise is in the process of relocating to a newly built office compound. This is a project we have been working on for the past 12 months to expand and grow our business. Due to this we are having difficulty in managing some our arrivals for this period efficiently,” the company wrote.

“Your booking with Atoll Paradise is cancelled and will not be reinstated.”

In another email, Atoll Paradise advised that “as only the accommodation is confirmed with us, we cannot hold any responsibility for the flights”, and urged Chia to contact her travel insurance provider.

Chia was initially promised a refund within four weeks with a “cut-off period” of eight weeks. However, on June 6 she was informed that the “refunds are taking a further delay due to lack of funding. We are confident we should receive these funds within the month of July. Please give us a little more time to settle this.”

On July 5, the company informed Chia that it understood this delay in your refund “is causing a lot of frustration for you”, and assured her that “the delay in your refund is not intentional.”

“The entire management team are working tirelessly to expedite the refund process for all our clients. Our bank has already agreed a facility for us, agreement already approved and signed. Due to lengthy legal documentation, the funds from our bank have taken longer than initially anticipated hence these delays. We anticipate the refund will be in your account end of this month and latest first week of August.”

Chia subsequently contacted the Royal Thai Consulate in Male.

Some customers, speaking about their experiences with the company on a 28-page Tripadvisor thread, reported success in securing chargeback payments direct with their credit card companies.

Police Chief Inspector Hassan Haneef meanwhile last week confirmed police had begun investigating the company over fraud allegations.

The Tourism Ministry has said Atoll Paradise’s permit will remain revoked until all alleged outstanding payments and grievances have been settled.

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Parliament’s Committee on Social Affairs submits social protection bill

Parliament’s Committee on Social Affairs on Monday (July 22) submitted a social protection bill to parliament for review, after amending the bill to stipulate 11 instances in which the state must protect and assist under-privileged citizens.

According to the report submitted by the committee, the objectives of the bill are to provide as-yet unspecified support to citizens facing difficulties as a result of poverty and to increase equitability between the rich and poor. Support for citizens lacking the means to obtain basic necessities and the provision of state facilities to all citizens in the most equitable manner possible were also among the aims.

The bill stipulates the provision of financial aid to single parents, and support to children under the care of guardians other than biological parents.  These same guardians and students are also included as recipients of support.

It furthermore guarantees support to neglected persons, as well as persons suffering from psychological disorders.

The bill additionally stipulates the provision of subsidies for expenses on food products, electricity, water and accommodation.

The bill offers support in “emergency situations”, while small and medium businesses located in any industrial district facing difficulties is also included.

Neither the amount of financial aid that an individual may be provided under the bill, nor the criteria individuals must meet to qualify for aid are included in the draft. Instead, the act says that these details must be established in regulations gazetted three months after the ratification of the bill.

According to the bill, an individual or a person on behalf of the applicant is required to register with the National Social Protection Agency (NSPA) for support and subsidies granted by the state.

It also include clauses which obligates the NSPA to uphold the confidentiality of personal information of all persons who file for support, adding that employees of the agency who divulge such information may be subjected to fines ranging between MVR 5,000 (US$325) to MVR 10,000 (US$650).

The Social Protection Bill was initially submitted to parliament on October 19, 2010. It was sent to the Committee on Social Affairs for review and amendment on December 14, 2010.

The Committee had its first meeting regarding the bill on October 8, 2012, after a period of almost two years since the bill was sent for review. At this meeting, a subcommittee to focus on the matter was appointed.

The subcommittee included Maldivian Democratic Party (MDP) MP Ahmed Rasheed, Progressive Party of Maldives (PPM) MP Abdul Azeez Jamaal AbuBakr, Dhivehi Rayyithunge Party (DRP) MP Hassan Latheef and Jumhooree Party (JP) MP Hassan Adil.

According to the committee report, other institutions that have provided comment and feedback on the bill are the Ministry of Health, Ministry of Education, Ministry of Finance and Treasury, Ministry of Gender, Family and Human Rights and the Attorney General’s Office.

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High Court upholds decision to detain Faiz on charges of blackmailing Supreme Court Justice

The High Court has upheld the decision made by the Criminal Court on 11 July 2013 to detain Ahmed Faiz of Pink House in Feydhoo, Addu City, on charges of possessing pornographic material and trying to defraud money through blackmail.

Faiz, at the time a prominent member of President Mohamed Waheed’s Gaumee Ithihaad Party (GIP), is accused of allegedly using a sex video of Supreme Court Justice Ali Hameed involved in sexual activities with two women to try and blackmail the judge.

The High Court said Criminal Court warrant number 145-J[MD]2013/6077 orders the Maldives Police Service to hold Faiz in pre-trial detention, as the court believed he may try to eliminate evidence if freed.

The Criminal Court issued the warrant to hold him in detention from 11 July 2013 12:13 pm to 26 July 2013 12:12pm.

The High Court stated that Faiz’s appeal was based on two points: one in which he claimed others involved in the same case had not been arrested, and that the Criminal Court’s decision to detain him in his absence was unconstitutional.

The High Court ruling stated that Faiz was detained on charges of possessing a pornographic video of a person in a senior position in the state, with the assistance of others, and for attempting to extort large amounts of money by blackmailing the victim, and for attempting to sell the video for a price to others.

The High Court said Faiz had a pre-existing criminal record, including the possession of pornographic material.

In reference to the points noted, the High Court ruled there was no legal ground to rule against the Criminal Court’s decision.

Snapshots taken from the video began circulating on social media networks Twitter and Facebook, prompting a police investigation. The police formally notified all relevant authorities including the JSC, the Prosecutor General and President Waheed regarding their investigation into the case.

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Cathay Pacific Airways to commence Maldives to Hong Kong service from October

Cathay Pacific Airways has announced it will begin operating services between the Maldives and Hong Kong from October this year.

In a statement issued today, the airline said flight services to and from the Maldives on its Airbus A330-300 aircraft were expected to begin from October 27, 2013 – pending government approval.

The company claimed that the launch would extent its services within the Indian subcontinent, while boosting leisure travel between the Maldives and the Far East – a growing tourism market in recent years.

From the service’s launch, Cathay Pacific Airways has said flights will be operating between Ibrahim Nasir International Airport (INIA) in Male’ and Hong Kong every Wednesday, Thursday, Saturday and Sunday.

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Abdulla Yameen would consider second round election alliance with MP Gasim

Progressive Party of Maldives (PPM) presidential candidate Abdulla Yameen has said he would consider siding with Jumhoree Party (JP) rival MP Gasim Ibrahim if unable to secure a first round victory in September’s election.

Yameen told state media yesterday (July 23) that he held no animosity towards JP presidential candidate MP Gasim, and would align with his rival if no candidate could secure 51 percent of the first round vote – resulting in a run-off election.

The JP is a coalition partner of the PPM in the current government of President Dr Mohamed Waheed.

Yameen also used his appearance on state media to discuss his party’s other key pledges for the upcoming election; focusing on issues of civic education and creating young entrepreneurs and fishermen, according to local newspaper Haveeru.

The PPM presidential candidate said he had also changed his mind on the death penalty, believing it should be given to prevent the “slaying of Maldivians”, local media reported.

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JSC votes not to accept resignations of sex tape probe members

The Judicial Services Commission (JSC) has reportedly refused to accept the recommendations of two members of the subcommittee investigating the leaked sex tapes of Supreme Court Judge Ali Hameed.

According to local media, the JSC refused to accept the resignation of the watchdog body’s deputy president Abdulla Didi and presidential representative Latheefa Gasim.

Their resignations followed the JSC voting to disregard the subcommittee’s recommendation to suspend the judge pending investigation.

According to local media, the commission voted not to accept the resignations. Media officer Hassan Zaheen told Haveeru the two members would resume their duties following the vote.

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Kaadedhoo airport suspends operations during repairs to firetruck

Flights to Kaadedhoo airport in Gaaf Dhaal Atoll have been temporarily suspended during repairs to the airport’s fire truck, local media has reported.

The Transport Ministry told Haveeru that the Maldives Airport Company Limited (MACL) and airport technicians were working to repair the truck and bring in a temporary replacement.

Airports cannot be operated without a functioning firetruck, the ministry stated.

Flights have meanwhile been diverted to Kooddoo airport.

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SAARC Summit ran US$28 million over budget: Auditor General

The Auditor General’s report on government expenses for the 17th SAARC Summit held in Addu City and Fuvahmulah in 2010 has revealed several financial discrepancies including an overspend of more than MVR 430 million (US$27.9 million) on the event’s allocated budget.

According to the report (Dhivehi), former President Mohamed Nasheed’s government spent MVR 667,874,870.84 (US$ 43.3 million), on the summit – 188.82 percent more than the MVR 231,240,000 (US$14.99 million) budget passed by parliament.

The report was compiled through audits of expenditure by the Ministry of Housing, the Ministry of Foreign Affairs, the President’s Office and the Maldives National Defense Force (MNDF).

The report also made several recommendations including the recovery of money spent, as well as action against those found responsible for the expenses.

The release of the report comes at a time when former President Nasheed – who headed the Maldivian delegation at the summit – is campaigning for a second term in the upcoming 2013 election as the opposition Maldivian Democratic Party (MDP) presidential candidate.

More than a year after the summit, Nasheed was ousted from government in what his party described as a “bloodless coup d’état”, amid a mutiny by sections of the police and military. His controversial resignation followed weeks of anti-government protests that began in January 2012 after the detention of the Chief Judge of Criminal Court Abdulla Mohamed over allegations he posed a threat to national security.

Progressive Party of Maldives (PPM) presidential candidate Abdulla Yameen Abdul Gayoom condemned the financial discrepancies highlighted in the report, prior to its release.

Discrepancies

“Until the end of March 2013, excluding the grant aid and projects, a sum of MVR 667,874,870.84 (US$43.3 million) was spent. This figure is MVR 436,634,870 (US$ 28.5 million) or 188.82 percent more than the budget passed by the parliament to conduct the SAARC summit. The figure that was passed by parliament was MVR 231,240,000. No parliamentary consent as required by Article 96(c) of the constitution was obtained in spending the sum,” read the Auditor General’s report.

Other discrepancies pointed out in the report included an additional MVR 61.8 million (US$4 million) being paid for the construction of the Equatorial Convention Centre built for the summit.

The report stated that the initial cost of the project proposed by the contractor Ameen Construction Private Limited stood at MVR 210.4 million (US$13.7 million). However, after negotiations and changes to the materials being used and the overall design of the structure, a figure of MVR 150 million (US$9.7 million) was agreed between the contractor and the Ministry of Housing and Environment.

“However, due to changes brought to the plan by the government, the cost of completing the convention centre stood at MVR 211,852,834.84 (US$13.8 million). [This was] MVR 61,852,834.84 (US$4 million) or 41 percent excess of the amount that was agreed,” the report claimed.

The report noted the cost, which was more than the initial proposition from contractor, resulted from failure in properly planning the project and frequent changes brought to the agreed design in a non ad-hoc manner.

Apart from the costs, due to a delay in depositing the advance guarantee, the government claimed that the SAARC Convention centre needed to be built as quickly as possible, an advance payment of MVR 30 million (US$ 1.9 million) was paid to the contractor. The report added that the advance guarantee, which included both the advance payment and performance guarantee, had not been deposited.

The advance payment of MVR 30 million was given by the government after converting the retention money taken from the same contractor on a different government contract as the payment guarantee of the convention centre project.

This conversion, the report said, could be perceived as an attempt by the government to financially support a specific party contravening existing laws, since other companies who had proposed their bid did not have any retention money owed by the government and could not therefore enjoy the same privileges.

The Auditor General’s findings said that the advance MVR 30 million payment was made in contrast to section 8.23 of Public Finance Regulation, which states that any such advance payment should not exceed 15 percent of total costs. The MVR 30 million advance stands at around 20 percent of the cost, the report added.

Other discrepancies highlighted in the report included financial losses incurred by the government, violations of Public Finance Act and Public Finance Regulation and wasteful spending.

MDP response

Former ruling party MDP Spokesperson Hamid Abdul Ghafoor described the report as “naive” and “misguided political posturing”, while challenging its credibility.

“What we are saying is that after an audit report is released, the litigation based on the findings must begin as soon as possible. The longer time between the release of the report and start of litigation means such reports are open for political manipulation,” he said.

Ghafoor claimed that MDP came out to reform the country, which included fighting against corruption.

“It is not possible for the MDP-led government to be involved in blatant corruption. Because we came with a plan and strategy for reforms,” Ghafoor contended.

He also said that the public will judge the audit reports and will know how politically motivated the report is.

“Looking at perspective of development and progress, we see this report as just ‘petty accusations’. The report lacked due procedure, impartiality and transparency. It may have been possibly influenced by the political vibe in the country,” Ghafoor alleged.

Auditor General Niyaz Ibrahim meanwhile disputed in local media that the timing of the audit report before the election was political, stating that information contained in such reports was necessary for people to make informed decisions.

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MDP questions legitimacy of leaked security force reform proposals

The Maldivian Democratic Party (MDP) has questioned the legitimacy of a paper leaked on social media allegedly detailing plans to transfer and reform police and military powers should it win the upcoming presidential election.

MDP Spokesperson Hamid Abdul Ghafoor said the party was not aware of having produced any document outlining police reforms as mentioned in local media, despite pledging a ”transitional arrangement” to reform security services in line with recommendations in the Commonwealth-backed Commission of National Inquiry (CoNI) report.

Sun Online reported today that a policy paper, alleged to have been assembled by the MDP in collaboration with former defence chiefs, had been leaked on social media detailing efforts to “neutralise the powers” of the police and military .

Among the proposals said to be included in the paper are the transfer police to the authority of city councils, similar to the US model, while salaries and allowances of officers would be provided through the Local Government Authority (LGA).

The draft is also said to favour creating a national intelligence agency run from the President’s Office, replacing the current police intelligence department, while police forensic activities would be undertaken at Indira Gandhi Memorial Hospital (IGMH) in Male’, according to Sun.

Additionally, the draft reportedly calls for limits to powers granted under the Police Act by limiting the number of branches within the MPS and “dramatically” reducing officer numbers to a force capable of controlling traffic and protests. Local media reported that the report had been compiled to address fears the entire police institution was “anti-MDP”.

MDP MP and Spokesperson Hamid Abdul Ghafoor said he had seen media coverage of the report, but was not aware of efforts within the party to draw up such a document, suggesting its content had been “fabricated”.

He claimed the MDP was presently focused on campaigning for the presidential election scheduled for September 7, while also overseeing what the party called voter protection measures through the use of observers and registration programmes.

While dismissing knowledge of the leaked reform paper, Ghafoor said the party had considered the need for a “transitional agreement” for reforms of the country’s security forces based on recommendations raised in last year’s CoNI report.

“Coup” allegations

The MDP has continued to accuse the country’s security forces of helping orchestrate a “coup e’etat” on February 7, 2012, leading to former President Mohamed Nasheed controversially resigning from office and being later replaced by his then Vice President Dr Moahmed Waheed.

The resignation came after sections of the police and military mutinied against the president on February 7 – a development rejected by the CoNI report, which concluded that the administration of President Waheed had come to power legitimately and not through an alleged coup.

With the CoNI process concluded, Ghafoor accused the Commonwealth and the wider international community of failing to ensure reforms to strengthen democratic institutions called for in the report’s findings were met.

He alleged that the Maldives Police Service (MPS) had failed to fully be transferred from a militarised to civil institution dating back to the administration of former President Maumoon Abdul Gayoom’s before the country’s first multi-party democratic election in 2008.

“Gayoom had moved to separate the military and police into different bodies. In the end, he failed to do this adequately,” Ghafoor said.

Despite pledging to reform the police and military, the MDP said it was not planning a “witch-hunt”.

According to Ghafoor, the MDP was instead focused on trying to secure a “huge election majority” in order to carry out reforms with the mandate of the public.

“This will help solve everything,” he said.

Minivan News was at time of press awaiting a response from Police Integrity Commission (PIC) Director General Fathimath Sareera Ali Shareef over the allegations and reforms within the police since last February’s power transfer.

Internal investigations

In June this year, the PIC announced it had concluded investigations into allegations of police brutality against demonstrators of the Maldivian Democratic Party (MDP) on February 8, 2012, submitting six cases for prosecution – recommending administrative action by the home ministry against those officers.

However, the police disciplinary board later decided not to take any administrative action against five officers facing criminal prosecution.

According to a status update from the PIC on June 6, the commission had investigated 29 cases of police brutality before forwarding six cases for prosecution.

PIC Vice Chair Haala Hameed told parliament’s Government Oversight Committee on June 4 that the commission had urged then-Home Minister Dr Mohamed Jameel Ahmed to suspend the accused officers immediately.

However, Hameed said that the request was not adhered to and at least one of the accused officers was promoted.

Hameed said the commission had failed to identify the police officers in five of the remaining cases while 11 other cases lacked supporting evidence.

Former PIC Chair Shahinda Ismail – who resigned citing failure to hold police accountable for human rights violations – explained to Minivan News in September 2012 that article 44 of the Police Act allows the home minister to ignore PIC recommendations if the commission is informed in writing.

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