Package Holiday Case

John Downes's picture

Bellinger v TUI UK Ltd. [2007] CLYB 2125

B made a telephone booking for a package holiday which included half-board provision at a hotel. The brochure indicated that this included breakfast plus lunch or dinner and that a supplement was payable. There was no reference to the number of courses served at lunch or dinner. On arrival at the hotel they were informed that the meal only included a main course. They complained and were provided with a starter course but were told they would have to pay for deserts. They refused this and chose only to eat breakfast at the hotel. On the third day of the holiday B contracted food poisoning after eating dinner at a local restaurant.

The court held that it was reasonable to presume that a lunch or dinner would involve three courses, including a starter, main course and desert, unless the brochure indicated otherwise. However, by refusing the hotel’s offer of providing two courses, B had failed to mitigate her loss. Had she accepted their offer she could have claimed for the costs of the deserts. T was not responsible for the local independent restaurant at which B chose to dine.

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