Legal Quiz

Mr and Mrs Brown book a last minute holiday to Majorca with Cheaptours.

The deal includes flights on a no-frills airline and an all-inclusive 2-star or 3-star hotel to be allocated on arrival, but which could be on any part of the island.

Mr and Mrs Green book an identical holiday.

During the flight, Mr Brown needs to use the toilet but despite the fact that the vacant sign is lit, he cannot get in as the door appears to be jammed.

Another passenger who is sitting nearby tells him to give the door a good shove because it is probably just stuck. Mr Brown follows the advice, giving the door a great whack with his shoulder, only to find, to his great embarrassment, that it is occupied by Mrs Green.

Mrs Green is extremely embarrassed and starts crying, upon which Mr Green, seeing what has happened, hits Mr Brown and a fight breaks out, during which Mr Brown suffers a broken nose. It transpires that both the lock and the occupied/vacant sign on the toilet door are faulty.

On arrival at Palma Airport, the Browns are allocated a 2-star hotel which is a 30min drive from the nearest beach.

The Greens are allocated a 5-star hotel, which is in a very isolated and beautiful area, but are unable to eat there as they have not brought any formal clothing which is required for the dining room.

Instead, they have to take a taxi into town each meal time and pay for meals at outside restaurants.

Both the Browns and the Greens complain to their hotels and to Cheaptours during the holiday, but are told that there is nothing which can be done.

Has Mrs Green got any claim against Cheaptours for her embarrassment?

Have the Browns got any claim against Cheaptours because their hotel is so far away from the beach?

Have the Greens got any claim against Cheaptours for being placed in a 5 star hotel instead of the anticipated 2 or 3 star?

Question one: Probably, as it is foreseeable that the faulty lock and sign will result in people entering the toilet when it is occupied, and Cheaptours is liable for any fault on the part of the airline.

Question two: No, because the contract stated that the hotel could be anywhere on the island.

Question three: Yes – they did not get what they had booked., and as a result incurred expense which they otherwise would not have incurred, and which is therefore recoverable from the tour operator.

Tom and Tim have both just split up with their girlfriends and decide to go on holiday together to try to forget their troubles.

They cannot decide where to go, and so they telephone Loadsatours to get some advice. They want to go somewhere where the sun is always shining, which is fairly cheap, and, most importantly, where the nightlife is really lively.

They emphasise that they are not concerned about noise – they don’t intend to sleep a great deal and want to be right in the thick of things.

The sales assistant at Loadsatours recommends the Hotel Fun Fun Fun in Cyprus, which she says is perfect for young single people, and the boys book two weeks there.

On arrival at the hotel, the boys are surprised to note that all the other guests seem to be part of a couple.

When they bring this fact up with the hotel manager they are told that he has decided that he can make more money by restricting it to couples as they do not do so much damage to the rooms as party-mad singles!

Tom and Tim decide that they can put up with the hotel, as they will not be spending too much time there.

Their view changes after three days. The sight of loving couples around them all the time – and the absence of young single women – soon has them running to the rep and they ask to be moved

They are moved to another hotel which has no couples. Things look as though they might be picking up for the lads, but at dinner that night Tim meets a girl from Spain and spends the rest of the holiday with her.

This obviously annoys Tom and he complains he is not getting the holiday he had hoped for as he now has to stay in every night while his mate goes out and enjoys himself with his new girlfriend. He also complains about the noise coming from the hotel disco.

Do Tom and Tim have any claim against Loadsatours for their displeasure with the first hotel?

Does Tom have any claim against Loadsatours for not getting the holiday he had hoped for?

Does Tom have any claim against Loadsatours for the noise from the nearby disco?

Question one: Possibly, although they did not complain ant the time.

Question two: No, as this was not caused by something within the control of Loadsatours or the hotel.

Question three: No, as the boys made it clear at the time of booking that noise did not matter to them.