Travel experts warn of legal challenges over Middle East transit risks

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Travel companies have been warned they face a “legal minefield” when allowing customers to transit through the Middle East against government advice, with experts cautioning signed waivers may not protect them from liability claims.

In a breakout session at the Advantage Travel Partnership conference in Madrid, Themis Advisory director Jo Kolatsis and Travel Trade Consultancy director Martin Alcock highlighted a growing “inconsistency” in how operators are responding to the ongoing Iran crisis and Foreign, Commonwealth & Development Office (FCDO) warnings.

Their warning came after Advantage chief executive Julia Lo Bue-Said had criticised the “illogical” rules around transiting through the Middle East earlier in the conference.

Kolatsis said some customers are reportedly choosing to travel against advice, particularly where significant cost savings are involved.

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This was backed up by Jackie Steadman, founder of TravelTime World, who reported she had a customer who had done this.

While some agents are using disclaimers to acknowledge these risks, Kolatsis and Alcock warned these documents have strict legal limits.

“Even if somebody did sign a waiver, if something happens – and that can be a wide range of things – the insurance is invalid, and you as the package organiser is still [liable],” explained Alcock.

Similarly, Kolatsis said tour operators may find themselves with “no tour ops liability insurance to cover them” if a customer is injured or a flight has an issue in a restricted region.

Jo and Martin Advantage breakout session

Jo Kolatsis and Martin Alcock at the 2026 Advantage Travel Partnership conference, in a breakout session hosted by Advantage chief operating officer Paul Nunn

She added: “There are a lot of businesses out there that couldn’t sustain the cost of managing a claim and absorbing all that cost, particularly injury costs, which could run into the millions. To absorb all of that cost is quite a big ask of anybody.”

Advantage commercial director Paul Nunn, who hosted the session, said the industry is currently split on how to handle transit, with “some tour operators allowing packages to go ahead, transiting through the Middle East against the FCDO advice, and they’re willing to take that risk on, [but] most aren’t.”

Kolatsis encouraged travel sellers to keep clear records, as “communication is a massive part” of protecting their business.

“The more you communicate to customers and you record, [the better],” she explained. “It is really important that you record those communications – when you’ve given them, who you spoke to, did they sign anything? That is all a massive help.”

While Kolatsis said disclaimers are not a total solution, they provide an “acknowledgement of risk” that may help defend a position if a customer later tries to blame the agent or operator.