Gage J considered a holiday disappointment claim saying: ‘In my opinion the claimant is entitled to a sum representing diminution in value of the holiday. In assessing this sum I take into account that this was on any view a very expensive holiday. As such, the claimant and her party were entitled to expect very high standards. As I have found, what she was provided with fell well below these high standards. Doing the best I can, and taking into account what was provided, the location and the time of year, I assess damages under this head in the sum of andpound;22,000 as will be obvious, I calculate this on the basis of a deduction of some 25% from the contract price.
In my opinion she is entitled to a sum representing loss of enjoyment. In this respect, I take into account that this was designed to be a very luxurious holiday, coming after her, and her family’s, difficult year. This is, however, not the case of a family unused to holidays. To be able to afford the cost of such a holiday indicates a degree of financial resources from which I infer that that the claimant and her family are used to some of the more expensive things in life, including regular holidays. For that reason, in my judgment, the sum for the loss of the enjoyment must be modest; I assess it in the sum of andpound;3,000.’
Judges:
Gage J
Citations:
[2003] EWHC 3529 (QB)
Jurisdiction:
England and Wales
Cited by:
Cited – Milner and Another v Carnival Plc (T/A Cunard) CA 20-Apr-2010
Damages for Disastrous Cruise
The claimants had gone on a cruise organised by the defendants. It was described by them as ‘the trip of a lifetime.’ It did not meet their expectations. There had been several complaints, including that the cabin was noisy as the floor flexed with . .
Lists of cited by and citing cases may be incomplete.
Damages, Contract
Updated: 04 October 2022; Ref: scu.408562