The boss of a Christian holiday
company, which cancelled a Holy Land cruise, has appeared in court
accused of spending customers money on his Turkish hotel.
Robert Flemming, 62, of Selwyn
Road, New Malden, who ran Living Sun Ltd and Kyrilios Ltd, allegedly
took booking fees totalling £26,000 and failed to reserve places on
the ten-day eastern Mediterranean cruise.
He appeared at Lavender Hill
Magistrates Court and was sent to Kingston-upon-Thames Crown Court
for a preliminary hearing on September 21.
Flemming says he has repaid every
customer a full refund and retired from the industry after a
thirty-year career.
He faces a total of six summonses
brought by The Royal Borough of Kingston-upon-Thames's Trading
Standards department.
Flemming is accused of failing to
provide information to customers of 'Bible Lands Cruise' between
January 1 and November 30, last year; two summonses of engaging in
misleading commercial practice containing false information; fraud by
abuse of position, namely appropriating money for himself and two
summonses of carrying on a business with intent to defraud.
Living Sun Ltd is accused of
failing to provide information to customers of 'Bible Lands Cruise'
and engaging in misleading commercial practice containing false
information.
Kyrilios Ltd faces four summonses
of engaging in misleading commercial practise containing false
information.
Trading Standards began an
investigation after a local resident complained of a
last-minute cancellation and no refund of a cruise from Turkey to
Israel on the 'Thomson Spirit' booked for October 13-22, 2014.
Customers paid a total of £26,000 and
were told there money was ATOL-protected, but Trading Standards say
it was at risk.
The money was instead used to repair a
Turkish hotel Flemming had leased, say the prosecution, and no cruise
was ever booked with Thomson.
Flemming is accused of issuing
documentation to customers that flights had been booked with Thomson
when there was no booking.
He told the magistrates: “I can't
afford to go to a solicitor. I'm in the business thirty years and I'm
well clued-up with ATOL regulations.”
He insisted he booked two cruises with
Thomson, but the second was never properly recorded.
“There was no intention not to book
the cruise with Thomson,” he told the court. “The cruise was
cancelled because the itinerary was changed by Thomson.”
The cruise was ruined once Thomson
canceled two days in Israel because of Gaza rocket attacks and opted
to dock in Rhodes instead, he claimed.
Customers totalling 80-100 were
planned, but only 26 booked because of new route said Flemming.
“We tried hard to make it viable.
Everyone has been refunded, there has been no loses.
“I've not gained personally. I've
closed the business down and retired.
“I regret the cruise could not go
ahead.
“We ended up paying thirty thousand
pounds in refunds.”
The ten-night cruise came at a cost of
approximately £1,000 each.
“We have acted at all times in the
interests of our customers. We have followed ATOL regulations.”