Before Jeffner Allen of Newfield, N.Y., booked a
week at the Manta Reef Lodge on the Tanzanian
island of Pemba, she had extensive e-mail correspondence
with the owner, Ranjit Sondhi, about the diving
and the conditions. While acknowledging that
the rainy season sometimes begins in April, Sondhi
assured her that "visibility is fairly consistent in Pemba,
with 50 to 100 feet min. ...The west coast is protected
from big waves, so boats can always make it anywhere
along the coast. ... Night dives are possible most days,
even with one person, although we should know in
advance so guides are prepared."
Based on those assurances, Allen purchased a
package with 10 dives. To avoid a surcharge, she prepaid
in full using her Visa. She was faxed a "credit
card authority and approval document" from an outfit
called One Earth Safaris, which she filled out,
included her card number, and faxed back. Allen
tells Undercurrent that she didn't receive any statement
of terms and conditions and nothing is on the lodge's
website (www.pruny.com/reef). To be on the safe
side, Allen purchased Travel Guard trip insurance.
Upon arrival at Manta Reef, Allen was told that it
might not be possible to dive at all. High waves,
unpredictable tides, and strong currents prevented
the resort's dive boat from going out and created a
lack of visibility that made even shore diving unfeasible.
Because Manta Reef is in a remote location, Allen
felt she had no choice but to check in, but immediately
requested a refund, since her only reason for
booking was to dive. She was told that only Sondhi
himself could decide, but he refused to take her
phone calls while she was there. They offered her a
berth on a live-aboard as an alternative, but she had already told Sondhi the dates didn't coincide with her
travel schedule and she's prone to seasickness.
Allen left the next day. When she got home, she
had an e-mail turning down her refund request.
Sondhi claimed that she could have made shore dives
next to the lodge, though the staff had told her of the
minimal visibility. Then he wrote: "According to the
Terms of the Booking, I regret that I am unable to
refund your payment, as this is now deposited in the
Lodges [sic] account and according to the Terms of
Agreement on cancellations between a Tour Operator
and a Hotel In Tanzania, we are not entitled to any
refunds if no cancellation is received in advance."
Howzat? Sondhi's e-mail address in Kenya is
oneearth@africaonline.co.ke. He controls both the
lodge and the tour operator. So if you buy Sondhi's
"explanation," we have an African uncle who'd like
your help transferring millions of dollars to the U.S.
Allen contacted both Travel Guard and Merrill
Lynch, issuer of her Visa card, seeking restitution.
Travel Guard told her that changes in plans are excluded
from their coverage. Merrill Lynch also turned her
down, stating, "The merchant did not have the opportunity
to render services, as you chose [to] make an
early departure," which left her subject to Manta Reef's
fuzzy refund policy. Merrill copped out on the question
of whether the diving conditions met the minimal
conditions Allen had been assured of.
The big mistake? Paying in advance to an
unknown operation. Undercurrent gets several cases
like this annually. While a travel agent or tour operator
might have helped her get a refund -- or steered
her to a different place -- paying in advance can
have serious risks.
Ben Davison