Legal Quiz

Storyline One:

Some members of the Brawny Rugby Club decide that they will take a mid-season sunshine break in the Caribbean.

They book a seven day package with Super Sporty Tours and arrive early at the airport on the day of their departure.

Of course, they have a reputation to maintain as hard drinking sportsmen, so they all head to the bar and imbibe heavily watched tolerantly by their girlfriends who, however, stick to orange juice.

By the time they board the aircraft they are “very relaxed”. Not long after take off the rugby songs start – some of the other passengers are offended by the bawdy lyrics and ask the cabin crew to shut the team up. But despite all their efforts, the crew is unable to persuade them to stop.

Some pushing and shoving begins in the aisles as the players become more out of hand and drinks are spilt over Victoria and Andy (clad in expensive designer gear) who are on their honeymoon.

The captain diverts the aircraft and evicts the rugby players and their girlfriends. They subsequently claim from their tour operator, as do Victoria and Andy.

Do the rugby players have any claim against Super Sporty Tours?

Do the girlfriends of the rugby players have any claim against Super Sporty Tours?

Do Victoria and Adam have any claims against Super Sporty Tours?

Question one: No. They brought the punishment on themselves.

Question two: They may well do. Particularly if they were not involved in the raucous singing or fighting .

Question three: Probably not. Unless they can satisfactorily demonstrate that the crew failed to take all the proper steps to control the bad passengers.

Bob and Betty book a two week summer holiday at a villa in Italy. The accommodation is arranged through Lira Tours.

However, the transport is booked independently by Betty, and involves flights and car hire.

The villa is described as having five bedrooms and being of a reasonable standard, although it is not luxurious.

The couple have four children and book the villa because they wished to ensure that each child had their own room.

Upon arrival at the villa Bob and Betty feel that it has not been properly cleaned, and discover one bedroom is being used by the owner as a store room. They also discover a note from the owner asking them not to eat by the swimming pool and not to put on suntan lotion by the swimming pool.

Lira Tours brochure contains a booking condition which provides that any complaints should be reported on the spot.

Bob and Betty telephone the owners of Lira Tours who happen to be at a nearby villa.

The owners say that cleaning arrangements will be made and the accommodation sorted out two days later.

However, Bob and Betty are not satisfied with this and decide not to wait – they return home the very next day.

Are Bob and Betty entitled to return home without giving the owner any time to put things right?

Is the booking the couple made with Lira Tours subject to the conditions in the Package Travel Regulations?

Does Lira Tours have any obligation to Bob, Betty and their children?

Question one: No. They have a duty to mitigate

Question two: No. It is not a package.

Question three: Yes. At the very least Lira Tours has an obligation to describe the property correctly and if there was a mis-description the company has liability at least up until the time the property could have been put in the correct condition.