How much compensation for a ruined holiday?

Anne Maguire looks at a recent case in the Court of Appeal that gives helpful guidance to the measure of damages that might be awarded when a holiday is a ruined because it does not live up to the standard and expectation promised by the organiser.

A recent Court of Appeal case Milner v. Carnival PLC (t/a CUNARD (2010) EWCA CIV389 has given much useful guidance on the value of a ruined holiday.

Mr and Mrs Milner booked a 106 day cruise on the maiden voyage of the Queen Victoria at a discounted price of £59,052.20. The brochure promised the experience of a lifetime. That is what they got, but not in the way that they had bargained for. The Court awarded “platinum-quality damages” for Cunard’s failure to provide a platinum quality product.

A floor plate in the Milner’s cabin has produced loud banging noises in rough weather making sleep impossible. After unsuccessful attempts to agree a suitable alternative cabin, the Milners disembarked after 28 days and were refunded £48,270.00 for the balance of the cruise. They also claimed damages for the 28 days they had suffered on board.

The Court of Appeal allowed the Milners one-third of the cost of the 28 days of the cruise and damages for distress and disappointment in the sum of £4,000.00 for Mr Milner and £4,500.00 for Mrs Milner.

The Court helpfully listed other awards in cases against Cunard, showing that awards were highest for holidays involving a marriage abroad (£4,360 to £4,406), honeymoons (£1,321.00 to £1,890), for special holidays (£264.00 to £1,161) and finally for “run of the mill holidays” (£83.00 to £876).

A ruined holiday can cause disappointment, physical inconvenience and mental distress. When a holiday fails it is difficult to assess in terms of money and this case goes a considerable way to providing a helpful measure of damages for a ruined holiday.

If your holiday has been ruined and you would like to talk to someone to see if you might have a claim please email Anne Maguire or call her on 01908 692769.