R v Clarksons Holiday Ltd (1973) 57 Cr App R 38

11th November 2020 by admin

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Travel Insurance

Mr. Bottomley booked a holiday in Benidorm with Clarksons at the Calypso Hotel – basing his decision on how the hotel was described in the brochure.

“The Hotel Calypso is yet another major undertaking by Clarksons … Included among the hotel’s enviable facilities are an extensive lounge and bar, an excellent dining room; all provide a high standard of service. Wide, inviting terraces with plenty of beach furniture surround the two swimming pools (one for children); a riding school nearby. Lifts will speed you to your bedroom; you’ll find it cool, well furnished, comfortable with its own bath or shower, w.c., most with balcony. The Hotel Calypso will quickly take its place as one of Benidorm’s best value holiday hotels.”

The description was accompanied by an artist’s impression because at the time the brochure was published the hotel was still under construction.

Unfortunately when Mr Bottomley arrived the hotel was unfinished and he had to spend two nights elsewhere and when he eventually got to the Calypso he and the other guests were unhappy with the facilities

On his return to the UK Mr Bottomley complained to his local Trading Standard Department who instituted a prosecution in front of a jury who convicted Clarksons of having recklessly made a statement as to the existence of the hotel and its facilities. They were fined £400. On appeal the conviction was upheld.
[Last revised November, 2020]


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