Legal Quiz

Storyline One

GROTTY Breaks arrange villa holidays in France, and their booking conditions state that in doing so, they act solely as booking agents for the owners of the relevant villas.

Mark and Mary book a villa through them for two weeks in a beautiful little village just outside of Bordeaux.

John and Jessica book a holiday in the same villa for the two weeks immediately after this.

However, as they lead very hectic working lives and therefore they cannot be bothered to make their own transport arrangements, they ask Grotty Breaks to do this.

Grotty Breaks makes all the necessary arrangements and then invoice John and Jessica along with the price of the villa.

Mark and Mary find the villa in an untidy and dreadful state and they spend most of the subsequent hours after their arrival feeling very despondent.

While attempting to contact the owner they try to tidy up the villa themselves.

After two days, the owner eventually, but grudgingly, comes in and clears up the villa.

On their return Mark and Mary try to claim compensation from Grotty Breaks as they cannot be bothered to try and sue the owner.

When John and Jessica arrive at the villa, they also find it very dirty, as the owner has not bothered to come in and clean after Mark and Mary’s departure.

However, they make no comment until the end of the first week, when they finally telephone the owner, who then arrives and clears up the villa within 30mins of receiving their call.

John and Jessica also seek redress from Grotty Breaks.

Will Grotty Breaks be obliged, in practice, to compensate John and Jessica?

Question one: No, as their booking was not a package and the booking conditions made it clear that the relevant contract would be with the owner of the villa.

Question two: Yes, as the booking was a package and they are therefore primarily liable for the actions of the villa owner, who had obviously failed to clean the villa.

Question three: Yes, but only a minimal amount – as they did not complain for the first week, they did not afford Grotty Breaks and/or the owner to solve the problem, which was solved immediately once they did complain.

Peter and Paul, after a manic time at work, decide to go on a singles holiday in a lively resort in Ibiza, despite the fact that Peter has a girlfriend.

They book with Emma at Go Alone Tours and Peter makes it very clear that the arrangements are secret and that Emma must not say anything to anyone who enquires.

He tells his girlfriend Vicky that he is going on a business trip but he seems to be looking forward to it just a little to much for her liking and she becomes suspicious.

Vicky calls Go Alone Tours and pretends to know about the holiday.

Emma tells her all the arrangements made for Peter and Paul.

When Peter and Paul arrive in Ibiza, it transpires that Vicky has booked herself on the very same holiday.

Peter simply finishes their relationship on the first night, and proceeds to try to enjoy himself, but Vicky spends the entire holiday following him around making his life a misery.

In the meantime, Paul becomes very friendly with Go Alone Tours’ representative, Sarah.

He asks her out and they go on a couple of dates on the nights when she is not working in the resorts.

On the last night, Paul tells Sarah that he has fallen in love with her.

However her response was not as positive. She says that it was good while it lasted but that she is actually engaged to be married and cannot see him again.

Peter and Paul both sue Go Alone Tours, Peter for loss of enjoyment of his holiday, and Paul for the ‘distress’ caused by Sarah’s actions.

Vicky also sues Go Alone Tours because she has a terrible holiday, watching Peter with other girls.

Question one: Yes, as it was their breach of confidentiality which led to this.

Question two: Unlikely, as Sarah was not acting in her capacity as Go Alone Tours’ representative when conducting their ‘romance’.

Question three: No, she was fully aware of all the circumstances when she booked, and would have known that she would, in all likelihood, get no enjoyment from it.