Heyyy i'm really confused with this question as my university has not covered this yet, but we are expected to do work on this topic! I would really appreciate anyone who could explain how to structure my answer and get started! Thank you
In March 2013 after reading a Sunshine Holiday Plc brochure, Ajay decided to book a holiday in Cornwall with them. The family would travel by coach to the hotel. The hotel, Ajay chose from the brochure, was described as being 'in an excluded spot with breathtaking views’ and as 'the ideal getaway for a quiet, restful holiday'. The brochure also described the hotel as having heated indoor and outdoor swimming pools and a car service 'which will allow you to enjoy all the entertainment facilities in the nearby vibrant town'. If he booked before the end of March there was also a free holiday insurance offer for the whole family. The price he paid to Sunshine Holiday Plc. included the return coach travel, two weeks in the hotel, half board and the use of all the hotels services, such as the car service
In June, on arrival at the Grove Hotel, Ajay and his family discovered that it was on top of the cliff with the beach 300 feet below and with no easy access to the beach. There was also a block of holiday apartments between the hotel and the view. The hotel bar had recently, become popular as a meeting place for the local youths and the noise carried on into the early hours of the morning. The outdoor pool was still in the process of construction and the indoor one was closed for repairs. They also discovered that the car service had been discontinued in 2012 and that Sunshine Holiday Plc. had not changed the brochure even though their representative had inspected the hotel in December 2012. The journey into the town was a difficult one and without a car Ajay and the family felt trapped in the immediate vicinity of the hotel.When Ajay settled up with the hotel he discovered that he had been charged £75 for the holiday insurance for the family. When he complained the hotelier pointed out a clause in the brochure, whichsaid that ‘hotel and other charges may be revised at the discretion of the Tour Operator’.
Ajay's wife Rachel went into the Hotel shop. She was attracted by a suitcase, described in a notice on the shelf as being of "best quality leather". It was marked as a sale item reduced from its original price of £350. She thought this would be very useful and paid their asking price of £100 using her Barclaycard. There was a sticker on the bag identifying a small scratch on one of the corners of the case.
On examining the suitcase Rachel, realised that it was not leather but made of a synthetic material, and the extending handle on the suitcase would not work. When Rachel complained to the hotel that the travel bag was not leather, they pointed to a partly obscured notice and told her “Can’t you see we don’t give refunds on sale goods”. After a long argument they offered to take back the bag and give her a credit note.
Ajay seeks your advice in late September. Advise him as to his and Rachel's rights. Also discuss any possible criminal liability by Sunshine Holiday Plc. arising from any possible breach of statutory provisions.
Consumer, package holiday- Problem question Watch
- Thread Starter
- 29-03-2013 15:28