Our Lady & St. John Catholic College v Acorn Travel Group Ltd
The court held that under regulation 12(7) PTRs, the existence of unavoidable and extraordinary circumstances at the destination objectively entitles the traveller to terminate the contract without a fee; subjective reasons for cancellation are irrelevant.
- Parties
- Claimant: Our Lady & St. John Catholic College; Defendant: Acorn Travel Group Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 03 March 2025
- Procedural Posture
- Civil / Judgment
- Outcome
- Claim allowed
- Legal Topics
- Package Travel Regulations, Breach of Contract, Restitution, COVID 19 Cancellation
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Our Lady & St. John Catholic College
Claimant
Acorn Travel Group Ltd
Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether the Claimant is entitled to a fee-free refund under regulation 12(7) of the Package Travel and Linked Travel Arrangements Regulations 2018 due to unavoidable and extraordinary circumstances at the destination
- 2 Whether subjective reasons for cancellation are relevant under the PTRs
- 3 Whether there has been a complete failure of basis justifying restitution
Ratio Decidendi
The court held that under regulation 12(7) PTRs, the existence of unavoidable and extraordinary circumstances at the destination objectively entitles the traveller to terminate the contract without a fee; subjective reasons for cancellation are irrelevant.
Court Disposition
Claim allowed
Orders
- Claimant entitled to a full refund of £13,755.00 retained as a termination fee
- Counsel to agree consequential order for approval
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment