PART A: Four step process question (2018 Part A Exam Question)

Scenario:

Jeromy is a partner in a law firm. Jeromy has been working long hours and wants to take a break from work with his family. He decides to take his family on a relaxing holiday in Europe. Jeromy is not sure where to go in Europe so he decides to visit a Travel Agency called EuroTrip Travel.

When Jeromy enters the shop an assistant (Rebecca) asks him if she can help him. Jeromy says "yes I'm interested in taking my family to Europe, but I'm not sure where to go." Rebecca says "there is this great Ski Resort in France called Charmons Ressorte that is absolutely fabulous for a family holiday destination. I recommend it and it is the best place to holiday in the world, especially if you want to relax. The atmosphere and the people are amazing and it's one of the only resorts in the area where everyone speaks English." Jeromy was very happy with this especially as no one in his family could speak French. He asks Rebecca to go ahead and organise the booking for the holiday for January.

Jeromy returns several days later to finalise the contract. The contract states that travel will take place between 1 to 12 January and the cost of the flights and accommodation is $20,000 for the family. Jeromy says to Rebecca, "It's very important I'm back for 15 January as I have a very important meeting with a client on the 16 January worth $150,000." Rebecca replied, "No problem, we will make sure that you are back in time for your meeting." Jeromy signs the contract.

One particular clause of the contract read:

On arrival you will be greeted by the friendly staff at the Charmons Ressorte. All staff are fluent in English. The booking is for a two bedroom apartment with views which will sleep up to four people.

Jeromy and his family arrive in France on 1 January. When they check into the Charmons Ressorte they find that not one person speaks English. The room they are given is a one bedroom apartment with no views or windows. The room only has two beds and Jeromy has to sleep on the floor and his wife has to share a bed with their daughter. Jeromy is very upset with how everything has worked out, as it is nothing like what Rebecca promised.

To make matters worse, Rebecca made an error when booking the flight home. Instead of Jeromy and his family coming home on 12 January their ticket was booked for 17 January. Jeromy phoned Rebecca and told her about the mistake. Rebecca apologised for her error but said the next flight home wasn't until 20 January, and that Jeromy will need to pay for an extra 8 nights of accommodation being $2,500. Needless to say, Jeromy was furious.

Jeromy missed the meeting on 16 January, and the client gave the contract worth $150,000 to another Law firm.

After arriving back home, Jeromy is very disappointed and depressed from his holiday experience. In fact, he is more stressed out from his nightmare holiday than he was before he left. Jeromy wants to claim compensation from EuroTrip Travel for flights and accommodation $20,000; distress $5,000; the extra 8 nights' accommodation $2,500 and for the loss of contract $150,000.

Question:

Assume that there is a breach of contract by EuroTrip Travel; using the four step process, advise Jeromy on what damages he will be able to claim against EuroTrip Travel.