A MAN who took legal action against a travel agent over a visa row has settled out of court because his "wife's health comes first".

Chris Geraghty, of Ulverston Close, Blackburn, was furious after he and his disabled wife Betty lost their £1,200 holiday to Bulgaria through a change in visa rules.

With help from trading standards, he started legal proceedings against MyTravel's Going Place travel agency for not informing him of the changes.

But when the case came to court, Mr Geraghty opted to settle without a hearing, because he feared his wife's health would suffer if they lost.

The couple had booked their two-week holiday in 2005.When they arrived at Manchester Airport in September 2006, they were escorted from the gates by airline staff who said that Irish-born Mr Geraghty could not fly because he had a British Subject passport rather than one for a British Citizen.

They had enjoyed holidays to Bulgaria in the past but rules changed on September 1, 2006, just days before their planned departure.

Those with a British Subject passport must now obtain a visa to travel to the eastern European country.

They were offered a flight the following week if Mr Geraghty could get a visa.

But they would still have had to return on their original dates, meaning they would have lost a week of their holiday.

The case against MyTravel, which was taken over by Thomas Cook in June, was due to be heard at Preston Crown Court but on arrival Mr Geraghty decided not to go ahead.

Mrs Geraghty, 68, has angina and uses a wheelchair because she has spondylitis arthritis.

Mr Geraghty, 60, who is a full-time carer for his wife of 31 years, said: "When we arrived and I spoke to the travel company's barrister, I thought about what would happen if we lost.

"We'd lose everything in paying out, and the shock could lead to a heart attack for Betty - the stress of losing the holiday last year caused her to have an angina attack."

He sat down with the barrister for Thomas Cook and negotiated a three-figure settlement.

Mr Geraghty said: "I'm glad I pursued the matter. It was a matter of principle."

A spokesperson for Going Places said: "Going Places was disappointed that Mr and Mrs Geraghty were unable to complete their holiday.

"It is the customer's responsibility to seek the correct information and obtain any necessary visas.

"However, as a gesture of goodwill, we offered 50 per cent of their money back and in addition, a voucher for £150 towards the cost of their next holiday.

"Mr and Mrs Garaghty have accepted this offer."