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Housing - Renting (Case 1)
Problem

Tiny pool prompts grand compensation

For several years, Martin Beecham and his family have booked holidays in villas with access to a private pool. They love swimming and this is always an important part of their villa choice. Last year, they booked a villa through Sunworld Beach Villas (the trading name of Sunworld Ltd). The total cost of the holiday was £2,626. Sunworld has many villas in Northern Majorca, and features only a general description of them in Its brochure. For illustration, it shows pictures of a lovely villa with pool set in beautiful grounds. The brochure also carries an assurance that ‘we can guarantee that (our) villas will be at least as good as the specification provided in the brochure description.

But there was disappointment in store when Martin and family arrived at their villa. The villa did have a pool-but It was tiny, measuring less than 3m by 4m. and was certainly not suitable for swimming

Martin complained to Sunworld’s representative, but she couldn’t find the family an alternative villa. Martin also contacted the travel agent back in the UK who, in turn, contacted Sunworld. Despite promises from Sunworld that It would look into the matter and send a senior representative to see them, Martin and his family heard nothing.

Martin made a formal complaint to Sunworld when he got back to the UK In reply, the company offered him £300 in cash, or £400 in holiday vouchers.

Solution


Martin wasn’t happy with this and asked the lawyers at Which? Personal Service for help. We explained that the brochure description formed part of his contract with Sunworld. Because the villa didn’t have a pool that was suitable for swimming-or, indeed, that matched the description in the brochure -Sunworld was in breach of contract. We drafted a letter for Martin to send to Sunworld. It replied with an increased offer of £ 500 but refused to go further. Our lawyers then wrote to Sunworld, but it still refused to budge. So we helped Martin take his case to the small claims court where he was awarded £ 1,000 plus the £80 court fee.

Point Of Law


The description and pictures in a brochure form part of your contract when you book a holiday. If the reality doesn’t match up, the tour operator is in breach of contract and you can claim compensation.

 

Report made by MAG according to information taken out from WHICH magazine.
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