Cherry v Malta Bargain Ltd [2005] CLYB 958C booked a holiday including flights and a 3 star hotel in Malta for herself, her husband and 4 children. The total cost was £1848 (€2037/$2761). On arrival she discovered that the bedding was stained and that the bathroom and bedrooms were dirty. She was offered an upgrade by the tour operator for £546 (€602/$816). She accepted this but it involved a move in the midday sun and cost her £10 for taxis and £3 for drinks (total €14.33/$19.42). However, they discovered that this second hotel was not really suitable for a family holiday and after 3 days they moved to a more suitable hotel.The court held that MB Ltd was responsible for the state of the hotel. Cleanliness was a basic requirement irrespective of the star rating and the standards of cleanliness in Malta should be the same as those in the UK. Damages were awarded at £1207 (€1330/$1803) which included £546 (€602/$816) for the upgrade costs; £13 (€14.33/$19.42) for the transfer; £198 (€218/$296) for diminution in the value of the holiday and £450 (€496/$672) for loss of enjoyment (£25 per person per day). The calculation for diminution in value related to the accommodation which is generally held to account for 25% of the total value of the holiday in the English courts.

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