In August, Mabel saw an advertisement for a “Scottish Twilight Holiday” from Global Totters. Mabel went to the travel agent and picked up a brochure that contained six glossy, colourful pages of print with several photos of hotels, villages, and beaches with sunbathers.
Mabel booked her 14-day holiday over the Christmas period for $1899. She paid the full amount and received tickets that detailed her flight schedules, seven-day coach tour, and seven nights in the Water Spirit Hotel in Edinburgh. The travel agent did not discuss with Mabel the terms of the contract, other than noting that half the price was non-refundable if Mabel changed her mind.
Mabel was dissatisfied with her holiday from the beginning. The seven-day coach tour was unguided and appeared to Mabel to consist of endless wandering through boring villages and countryside. The bus was hot, dirty and slow. Because there was no guide, Mabel could find no one to whom she could complain. In Edinburgh, Mabel was escorted to the Blarney Hotel because the Water Spirit Hotel was full. The Blarney Hotel had a small, unremarkable restaurant and lounge. There was no swimming pool and Mabel’s room contained only a bed, bureau, and chair. She shared a bathroom with three other guests. She was three miles from the city centre. Mabel would have flown home in the second week but she could not afford it.
Mabel was depressed for months afterwards and could think only of getting compensation from Global Totters Travel. She finally sued.
In response, Global Totters Travel pointed out to Mabel several paragraphs in the holiday brochure including:
• Hotel Changes: Global Totters Travel has contracted with the hotels shown in this brochure to supply accommodation. From time to time the accommodation reserved is not available and a substitute hotel is provided. There are several reasons why this may occur, including unexpected maintenance problems, guest stayovers and hotel overbookings. The chances of a hotel change are remote, but we would like you to be aware that the possibility exists.
• Global Totters Travel’s Responsibility: Global Totters Travel does not assume responsibility for any claims, losses, damages, costs or expenses arising out of loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental resulting from the following:
a) the need for us to change itineraries or substitute accommodation or hotels or services, provided that every effort is made to supply the most comparable service and accommodation available.
b) cancellation of a tour by Global Totters Travel, provided that full refund of all monies paid is made to the passenger.
It also appeared that the hotel change in the second week was caused by Global Totters Travel’s policy of over booking.
To what extent has Global Totters Travel limited its liability? Is the brochure part of the contract? Is Mabel subject to the terms if she hasn’t read them? Is Global Totters Travel liable? Be sure to argue both sides of the case.
Facts: Identifies key facts of the case. All important facts of the case are listed.
Cause of Action:
Issues: Stating the questions of law. All relevant and applicable questions of law are stated.
Law and Analysis: Explaining the relevant law to a case. Identifies and demonstrates a sophisticated understanding of the relevant laws through explanation