Legal Quiz

Storyline One:

BILLY and Jenny are taken with the description of the Hotel Luxurious in the brochure of Nozz Tours, a short haul tour operator.

What particularly appeals to them is that the hotel is convenient to the airport (described as being no more than 10mins drive away) which means that there is not a long transfer.

They also like the fact that although the hotel is near the beach, there are two swimming pools, and there is air conditioning. As a result, they book a two-week holiday for August.

Upon arrival, however, they find the noise of the aircraft extremely disruptive and complain bitterly.

Jenny is, to put it kindly, vertically challenged – she is only 5ft tall.

It appears that both swimming pools do not have a shallow end and are a standard depth of six feet. Since Jenny cannot swim she cannot use the swimming pools.

In the second week of their holiday there is an unexpected cold spell but the air conditioning only provides cold air and not hot air, so Billy and Jenny have to suffer in their room.

Does Nozz Tours have any liability for the noise of the aircraft?

Does Nozz Tours have any liability because Jenny cannot use the swimming pools?

Does Nozz Tours have any liability because the air conditioning does not provide any heat?

Question one: No. The brochure made it clear the hotel was near the airport and noise should be expected.

Question two: Probably not. But only if there was no implication in the brochure of a shallow end.

Question three: Probably. Unless the brochure description was so explicit as to make it clear the air conditioning would only provide cold air.

Bertha and Bob, who are not experienced travellers, decide to book a two-week holiday for February 1999 in the paradise isle of Barbados.

After lots of comparing the various holidays on offer, they decide on Quite Nice Tours Ltd.

The holiday is very important to the couple because it is to mark their 10th wedding anniversary and they want to do it in style.

Bertha and Bob are particularly smitten with the description of the suites available in the hotel they chose – a suite is important to them because Bertha suffers from claustrophobia and cannot stay in small hotel rooms.

A suite is specifically requested by Bob at the time of booking. Quite Nice Tours, however, makes it clear in its booking conditions that special requests cannot be guaranteed.

Before paying a deposit Bertha speaks to Gloria of Quite Nice Tours, and she assures her that the special request has been noted and will be fulfiled.

Upon arrival there is no suite, but only a small room. Bob and Bertha demand to be returned home. Quite Nice Tours refuse to do this.

Bob and Bertha book their own return flight paying first class fares because no other fare was available at short notice.

Can Quite Nice Tours rely on its booking condition in relation to the special requests of Bertha and Bob?

Can Bob and Bertha justify their claim to return home purely on the basis of Bertha’s claustrophobia?

Are Bob and Bertha entitled to reclaim their air fares?

Question one: No. This is because Gloria’s representation would be deemed to be a representation upon which Bob and Bertha were entitled to rely, irrespective of the booking condition.

Question two: No. Quite Nice Tours is only liable for reasonably foreseeable consequences. It is not reasonably foreseeable that Bertha would not be able to occupy a smaller room.

Question three: No. Bob and Bertha have a duty to mitigate loss on the basis of normal expectations. They are only entitled to the difference in value, based on different rooms, and a small loss of enjoyment figure to cater for such difference.