Having a great family vacation during the holiday season, in warmth and by the seaside..., not always true!
During the holiday season, many people take advantage of the opportunity to spend quality time with their family, in the warmth and by the seaside. So, a couple, accompanied by their young children, book a 4 ½ star hotel in Cuba. A brochure published by the travel wholesaler describes the establishment as "the ultimate" and specifies:
"- an unparalleled package in terms of the quality of service [...]
- à la carte dining options and a buffet offering delicious international cuisine [...]
- comfortable rooms and suites with luxury amenities".
Instead, the couple discovers:
- no availability in the à la carte restaurants;
- a buffet with several empty dishes, cold and poor quality food, and a 50-minute wait to be served at the cooking station;
- dirty and broken tableware, stained pillows, and torn sheets;
- wooden walkways with broken planks, broken lampposts with broken glass nearby.
The court*, after referring to the applicable laws and jurisprudence, concludes that "a wholesaler is responsible for the hotel service and cannot be exempted by blaming the hotelier", except in cases of force majeure. Even if the wholesaler argues that the couple enjoyed the services of air transportation, the beach, and a week of vacation, the court states that "when a consumer purchases a travel package, they are buying a whole and not a series of services".
Therefore, the court grants the couple's claim but "emphasizes that in such a bad situation... if a request for a full refund had been submitted, it would have certainly been granted".
If travel shapes youth, then why travel with your parents? Because it's the holiday season! We take this opportunity to wish you a Merry Christmas!
* C.Q.755-32-008038-137
