2014 QCCQ 6542, 2014 QCCQ 6542

Scalia c. V & S Travel 2014 QCCQ 6542 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL No: 500-32-135296-129 DATE: June 3, 2014 ______________________________________________________________________ PRESIDED BY THE HONOURABLE DAVID L. CAMERON J.C.Q. ______________________________________________________________________ GISELLA SCALIA […] Montreal, Qc, […] Plaintiff v.

V & S TRAVEL 8426 Maurice Duplessis Montreal, Qc, H1E 3E1 and CARIBE SOL 5130 Saint-Laurent Boulevard Montreal, Qc, H2T 1R8 Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Gisella Scalia, who travelled with her family on a vacation to Cuba for two weeks in July 2011, sues her agent, V & S Travel, and the wholesaler, Caribe Sol, for the amount of $ 1,200 alleging that the hotel accommodations at Villa Cuba in Varadero were unacceptable because the hotel was in poor condition, was undergoing renovations and the facilities and amenities were considerably reduced. [ 2 ] There were significant delays in relocating the Plaintiff and her family first to a local hotel called Hotel International.

The services in this hotel were inappropriate for a four-star reservation. That hotel was at best a three star. [ 3 ] Before moving again, the Plaintiff insisted on visiting the hotels proposed to her.

She visited two and opted for one that was provided to her at a surcharge of $ 75, turning down an even better hotel that would have involved a significant payment in addition to the prepaid package. [ 4 ] In fact, the amount requested was $ 600, an amount the Plaintiff could not afford. [ 5 ] At the hearing, the Defendants did not really deny that the Plaintiff and her family were entitled to move to a better hotel. They also readily admitted that they had been inconvenienced and suffered a lost of enjoyment of their holiday during the four days that the situation was in a state of a flux.

[ 6 ] The Court must be sensitive to the problem of awarding a reduction of price that is disproportionate to the value of the entire package. In this case, the invoice was for $ 3,515, and Caribe Sol provided the Court with the breakdown of the value of the package. The flight and transit amounted to approximately to $ 2,000, and the value of the hotel was $ 1, 560.

Because the services were provided as a package, there was an inherent discount. [ 7 ] The hotel proportion therefore had a value of approximately $ 445 for the four days during which the accommodations were unacceptable. [ 8 ] The Plaintiff should also be given some compensation for the lost time spent looking for a hotel, and the taxi, which cost approximately $ 30. [ 9 ] In the Court’s view, a global amount of $ 600 is adequate to compensate the Plaintiff both for the loss of value in the trip, and also the emotional impact of part of the family vacation being spoiled. [ 10 ] As between the two Defendants, Caribe Sol recognizes that it must indemnify the agent who, in a commercial sense, simply acted as an intermediary.

FOR THESE REASONS, THE COURT: CONDEMNS the Defendant’s solidarily to pay the Plaintiff the amount of $ 600, plus interest at the legal rate and the additional indemnity provided at

article 1619 of the Civil Code of Quebec , calculated from July 23, 2012; CONDEMNS the Defendants solidarily to pay the Plaintiff judicial costs of $ 103; DECLARES, as between the two Defendants, that Caribe Sol is responsible for 100% of the judgment and must therefore indemnify V& S Travel for its liability. __________________________________ DAVID L. CAMERON J.C.Q . Date of hearing: April 14, 2014