29 min
Polar Explorers 2 (unrelated) Case by Case
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- Business
In this case, Mr. and Mrs. Sherman booked a cruise to the Northwest Passage in Arctic Canada with Reader Offers Ltd (ROL), a travel company known for its advertisements in newspapers and magazines. However, the cruise did not meet the Shermans' expectations. Due to ice conditions, the ship could visit only a small part of the Northwest Passage, missing out on historically significant sites associated with the region's explorers. Instead, much of the cruise was spent exploring the west coast of Greenland.
The Shermans filed a claim in the County Court seeking a refund and compensation, arguing that they should have been informed of the changed itinerary and given the option to cancel. After a seven-day trial, spread over four months, their claim was dismissed by Mr. Recorder Bowes QC. On appeal to the High Court, Mrs. Justice Collins Rice held that ROL breached the contract in two ways and sent the case back to the County Court to determine remedies. ROL appealed this decision, seeking to uphold the Recorder's ruling.
A key point of contention was whether the contract included a specific itinerary, starting at Cambridge Bay and traveling through the Northwest Passage to Pond Inlet before crossing to Greenland for the return flight. The Recorder found that this itinerary was not contractually binding, whereas the Judge disagreed.
Ultimately, the appeal was dismissed, and the case was remitted to the County Court for further consideration of remedies. This case highlights the importance of clear contractual terms in travel arrangements and the significance of accurately representing the scope of services offered.
Click here to download the full case.
In this case, Mr. and Mrs. Sherman booked a cruise to the Northwest Passage in Arctic Canada with Reader Offers Ltd (ROL), a travel company known for its advertisements in newspapers and magazines. However, the cruise did not meet the Shermans' expectations. Due to ice conditions, the ship could visit only a small part of the Northwest Passage, missing out on historically significant sites associated with the region's explorers. Instead, much of the cruise was spent exploring the west coast of Greenland.
The Shermans filed a claim in the County Court seeking a refund and compensation, arguing that they should have been informed of the changed itinerary and given the option to cancel. After a seven-day trial, spread over four months, their claim was dismissed by Mr. Recorder Bowes QC. On appeal to the High Court, Mrs. Justice Collins Rice held that ROL breached the contract in two ways and sent the case back to the County Court to determine remedies. ROL appealed this decision, seeking to uphold the Recorder's ruling.
A key point of contention was whether the contract included a specific itinerary, starting at Cambridge Bay and traveling through the Northwest Passage to Pond Inlet before crossing to Greenland for the return flight. The Recorder found that this itinerary was not contractually binding, whereas the Judge disagreed.
Ultimately, the appeal was dismissed, and the case was remitted to the County Court for further consideration of remedies. This case highlights the importance of clear contractual terms in travel arrangements and the significance of accurately representing the scope of services offered.
Click here to download the full case.
29 min