Rosemary Sherman & Anor v Reader Offers Limited

Rosemary Sherman & Anor v Reader Offers Limited

The contract was concluded when the confirmation and detailed itinerary were sent to the Shermans on 22 January 2018. The detailed itinerary formed an essential term of the contract. The change to the itinerary before departure was a major change/significant alteration, triggering obligations under both the contract and Regulation 12. ROL failed to notify the Shermans of their rights in a timely manner and did not offer a refund or compensation. The failure to provide the contracted itinerary was not excused by force majeure, as adverse ice conditions were foreseeable. The case is remitted to the County Court to determine quantum based on what the Shermans would have done if properly...

Parties
Claimant/respondent: Rosemary Sherman; Claimant/respondent: Nicholas Sherman; Defendant/appellant: Reader Offers Limited
Jurisdiction
England and Wales
Judgment Date
29 April 2024
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal; Remission to County Court for Quantum Assessment
Outcome
Appeal dismissed; case remitted to County Court for quantum assessment.
Legal Topics
Package Travel Regulations, Breach of Contract, Remedies for Breach, Force Majeure, Contract Formation
Contract Law Consumer Protection Travel Law Package Travel Regulations Breach of Contract Remedies for Breach Force Majeure Contract Formation

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Parties

Rosemary Sherman

Claimant/respondent

Nicholas Sherman

Claimant/respondent

Reader Offers Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal; Remission to County Court for Quantum Assessment

Legal Issues

  1. 1 When was the contract concluded and what were its terms?
  2. 2 Did the detailed itinerary form an essential term of the contract?
  3. 3 Was there a major change or significant alteration to the contract before departure?

Ratio Decidendi

The contract was concluded when the confirmation and detailed itinerary were sent to the Shermans on 22 January 2018. The detailed itinerary formed an essential term of the contract. The change to the itinerary before departure was a major change/significant alteration, triggering obligations under both the contract and Regulation 12. ROL failed to notify the Shermans of their rights in a timely manner and did not offer a refund or compensation. The failure to provide the contracted itinerary was not excused by force majeure, as adverse ice conditions were foreseeable. The case is remitted to the County Court to determine quantum based on what the Shermans would have done if properly...

Court Disposition

Appeal dismissed; case remitted to County Court for quantum assessment.

Orders

  • Appeal dismissed.
  • Case remitted to County Court to determine quantum of claim based on what the Shermans would have done if properly informed of the major change.