Couple lose case for damages after hurricane ruins holiday

A court today revoked a ruling of the Consumer Claims Tribunal which had awarded damages to a couple whose holiday was ruined by a hurricane.

The judgment was delivered by Mr Justice Philip Sciberras in the Court of Appeal in a case instituted by Dorianne and Alex Mangion against Mondial Holidays.

Mr and Mrs Mangion had been awarded Lm600 by the tribunal their holiday in the Caribbean and Miami, arranged through Mondial Holidays, was ruined by Hurricane Frances. The tribunal had found in their favour, saying that they were not to blame for what had occurred. The tribunal added that Mondial Holidays was unaware of the hurricane, but it found the version of events given by Mr and Mrs Mangion to be more credible.

Mondial in its appeal said the rules of natural justice had not been observed by the tribunal and that the tribunal had used contradictory reasoning when delivering its ruling.

Mr Justice Sciberras stated that according to law the tribunal was empowered to hear and decide in accordance with substantive justice and equity. The parties to a suit had to be given a fair hearing and had also to be informed of the reasons behind an eventual ruling.

Mr Justice Sciberras said that this ruling had not been truly logical and was contradictory and non-consequential. It was a fact that Mondial Holidays was not aware that Hurricane Frances was going to occur when the Mangions reached their destination. In any event how could a tour operator be to blame for this irresistible force of nature that partially ruined Mr and Mrs Mangion's holiday?

The ruling had not given any intelligent or plausible explanation for its conclusions against Mondial Holidays, the court said. It had not been proven that the damages were the tour operator’s fault.