General division case study

The CTTT can hear claims from consumers who have received goods or services that do not meet their reasonable expectations.  Goods and services can apply in relation to travelling and tourism.

A consumer approached a travel agent to book a luxury holiday at a European ski resort for himself and his fiancée.  They were getting married, so he requested the honeymoon suite. The travel agent referred him to a resort website which advertised luxury accommodation. There was no honeymoon suite available, so the next best room was booked by the travel agent through its supplier. However, when they arrived at the resort, the couple were not satisfied with the standard of the accommodation and did not feel it was the luxury style they had booked.

On arriving back in Australia they lodged an application with the CTTT.  At the hearing they explained to the Tribunal Member that the room they were given had two single beds, and did not have in-room facilities, a bathtub, bathrobes, full-length mirror, laundry services or facilities for making telephone calls. The travel agent argued that it did not promise any particular standard of accommodation, and the travel supplier argued that the applicant received the best accommodation available.

The Tribunal Member did not accept that the travel agent had broken its agreement with the consumer. However, the Tribunal Member found:

• the travel supplier did breach its agreement with the consumer by misrepresenting the standard of accommodation it would provide
• the travel agent and travel supplier had made certain assurances regarding the standard of the accommodation available
• the consumer had suffered loss as a result of relying on the promises made to him.

The travel agent and the supplier were ordered to pay money to the consumer for the disappointment experienced due to the substandard quality of accommodation provided.