Q. We have just returned from a holiday which was advertised as "a relaxing and peaceful cruise in the med". However, the cupboards and doors in our cabin were so poorly designed that they banged away all night and as a result we didn't get a wink of sleep the whole week. We did complain but nothing could be done. Can we claim damages for our ruined holiday?
A. People look forward to a holiday and they expect the promises contained in brochures to be kept. Where a holiday is advertised as providing pleasure, relaxation and peace of mind, damages can be awarded if instead it delivers mental distress and disappointment due to the holiday company's breach of contract.
Whilst it is difficult to put a figure on a spoiled holiday in terms of money, it is the task of judges to do their best. Assessing the level of damages is not a science and it will be different in each case. For example, damages awarded for a holiday involving a ruined marriage and honeymoon in the Seychelles will be higher than damages for say a family holiday in wet and windy northern France where the lovely cottage advertised turned out to be nothing more than a converted garage with a leaky roof (ahh, happy days...). Bon Vacances!
For specialist advice contact Keith Swan of Patterson, Glenton & Stracey Solicitors by email at ks@pgslaw.co.uk or by telephone on 0808 231 7043. Patterson, Glenton & Stracey Solicitors have provided legal advice to the people of South Tyneside for over 125 years. For details of their full range of services and to view previous Gazette articles please log on to www.pgslaw.co.uk. Patterson, Glenton & Stracey Solicitors: The logical Answer.
