Ġurisprudenza

  • Dettalji tal-Każ
    • ID Nazzjonali: 4/2008
    • Stat Membru: Malta
    • Isem Komuni:Grech Pia vs Mondial Travel
    • Tip ta’ deċiżjoni: Oħrajn
    • Data tad-Deċiżjoni: 07/11/2008
    • Qorti: Qorti ta’ l-Appell
    • Suġġett:
    • Rikorrent:
    • Intimat:
    • Kliem Prinċipali:
  • Artikoli tad-Direttiva
    Unfair Contract Terms Directive, Article 2 Unfair Contract Terms Directive, Article 3, 1. Unfair Contract Terms Directive, Article 4, 2.
  • Nota Introduttiva
    No Headnotes available.
  • Fatti
    Plaintiff had booked a holiday with a tour group for Lago di Garda in Italy. One day before the date of departure she was informed that the hotel were she was going to be accommodated, had been changed and that she was going to be accommodated in another hotel. Plaintiff made various complaints with the tour leader about this hotel including its inferior quality, its location and other shortcomings. The tour leader confirmed that these complaints had in fact been made during the tour by the consumer.

    In their reply to the complaints of plaintiff, defendant company contended that the change in accommodation was due to overbooking in the original hotel and that the alternative hotel chosen was according to defendant company’s Italian representatives of the same category and “more or less in the same area”.

    Defendant company also referred to the general conditions contained in its brochure which state that the tour organiser can change the hotel. This therefore according to defendant company entitled it to change the hotel without seeking the consent of the consumer.
  • Kwistjonijiet legali
  • Deċiżjoni

    This case is a decision given by the Court of Appeal following an appeal by defendant company from a decision of the Consumer Claims Tribunal which found in favour of plaintiff by awarding plaintiff part of the damages she had asked for.

    The Court of Appeal referred to articles 44 and 45 of Part VI of the Consumer Affairs Act which regulate unfair terms in consumer contracts. The Court in particular made reference to concept of good faith referred to in article 45(1)(d) which states that an unfair term is any term in a consumer contract which on its own or in conjunction with one or more terms “is incompatible with the requirements of good faith”. The Court also referred to the other criteria listed in article 45. The Court held that taking into account what is stated in article 45, it held that the clause in the general conditions in the brochure whereby defendant company can at will change the hotel chosen and accepted by the consumer, to be neither reasonable or fair, moreso considering that such a change occurred a day before the date of departure of the holiday tour organised for the consumer.

    The Court further noted that apart from the consideration as to whether the hotel was similar or not to the one originally advertised and made known to the consumer, the proper exercise of good faith required as a minimum that defendant company provides the consumer with all the information relating to the alternative hotel and the services it provides. The Court held that consumer protection increasingly meant that the party providing a service or selling a product must furnish the consumer with all relevant information, the Court emphasising that good faith also meant ensuring that there is contractual equality between the two parties, equality which in part is ensured by providing the consumer with all the relevant information.

    The Court held that defendant company cannot hide behind the claim that since mishaps do happen during the course of a planned holiday, then the defendant company can ignore any claims about shortcomings. The Court noted that it was defendant company which made the accommodation booking with the original hotel. If its Italian representatives were not alert to ensure that there was no overbooking, then it is defendant company which should answer. The Court therefore confirmed the decision of the Consumer Claims Tribunal with costs against defendant company.

    Test sħiħ: Test sħiħ

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