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Sample Document E
IN THE BIRKENHEAD COUNTY COURT
Case No.
BETWEEN
1st Claimant
2nd Claimant
and
Defendant
PARTICULARS OF CLAIM
- In or around January 2002, the first claimant, obtained a brochure from the
agent for the Defendant to select a quiet and peaceful holiday in Europe.
- The description of the hotel and resort in the Defendants brochure was “the
Fiesta Oasis Paraiso is a large hotel in the quiet resort of Playa Paraiso. The
secluded location makes it ideal for a relaxing winter break” The brochure
went on to say that the hotel would suit those seeking an “away from it all
location”.
- Myself and my wife, the 2nd Claimant, were looking for a quiet resort where
we could take a relaxing break. The 2nd claimant was recuperating following a
lengthy illness and a quiet resort was therefore essential.
- After looking at the brochure and the descriptions of the various resorts, on
behalf of myself and the 2nd claimant I decided to book a holiday. On or about
the 8th March 2002 I booked a holiday, via the Defendants agent Travel
House, with the defendants for a holiday to Playa Paraiso in the Hotel Fiesta
Oasis Paraiso at a cost of £808.00.
li>On arrival at the resort it became immediately apparent that the resort was not
a quiet resort. The noise levels which emanated from the numerous
construction sites situated all around the hotel was more than significant.
There was a constant high levels of noise from jackhammers, heavy plant
machinery and other associated building noise. This noise commenced
approximately 7.30am and continued throughout the day into the evening.
- We promptly complained to our holiday representative. It took three days for
us to actually speak to, Pollyanna the holiday representative as she was out of
the hotel on other duties. She informed us that she was aware of the problem
and that the Defendants in the UK were also aware of the noise problem. I
attach a copy of the complaint form completed at the resort, form reference
number 159489. This document is marked ‘C1’. Pollyanna offered the
opportunity to change rooms but we declined as this would not have alleviated
the problem about which we were complaining.
- Due to this continuous, ongoing loud noise it was necessary for us to leave
resort each day and visit other parts of the island. This was not conducive to
the relaxing break that we were seeking and caused loss of enjoyment of our
holiday, significant further expense was incurred in this regard in taxi fares etc.
and overall general disappointment.
- It was clearly indicated in the Defendants brochure that this resort was a quiet
and peaceful resort. Myself and the 2nd Claimant relied on this description. In
accordance with Regulation 6 of the Package Travel, Package Holidays and
Package Tour Regulations 1992 this is a term of our contract which was
breached.
- In the circumstances I and the 2nd Claimant seek compensation for breach of
contract in the total sum paid for the holiday in the sum of £808.00 plus
compensation for the loss of enjoyment, inconvenience and stress which
arose as a result of the Defendants breach.
I, the 1st Claimant, believe that the facts stated in this claim are true.
Signed …………………………………………. PRINT NAME
Dated ………………………………………….. 2003
I, the 2nd Claimant, believe that the facts stated in this claim are true.
Signed …………………………………………. PRINT NAME
Dated ………………………………………….. 2003
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