Having A Bad Vacation? These Travelers Sued – and Won!

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We’ve all gone on trips that sucked.
Maybe it rained the whole two weeks you were in Hawaii.
Or everyone caught the Norwalk virus on your cruise.
Or you got food poisoning, followed by a bad cold, and then you twisted your ankle in Bali. (Actually, our Bali trip was fabulous, but that’s not the point…)

Hopefully, you’ve not been physically dragged off an airplane due to an overbooked flight. (Oh, wait. Maybe that wouldn’t be so terribly awful in the end. Because, hey, you could sue and possibly get big dollars in compensation!)
Anyway, if you’re having (or had) a bad vacation, we know how disappointing it is when your trip doesn’t turn out to be the dream trip you were hoping for.
What can you do if things go seriously wrong on vacation?
In some cases, you can actually sue. You might even win!
Here, we’ve rounded up some travel law cases of trips that sucked big time.
And, yes, there really is such a thing as travel law! (Both of us were lawyers before becoming travel blog publishers, so travel law is kind of a wacky interest of ours.)

Our worst vacation experience ever
Before we share these travel law cases, we want to let you know that we too have had some bad holidays. So we sympathize!
Our worst travel experience?
Our rental car was stolen in Portugal while we were at the beach, enroute to our next hotel – with everything in it.
Because we didn’t want our stuff stolen while at the beach, we’d smartly left our suitcases, passports, airline tickets and all our money in the trunk of the locked car – now, gone.
We had nothing on us but our skimpy little bathing suits. (This was when we were younger and could wear skimpy little bathing suits.)

We had to hitchhike barefoot to the local police station!
(Thankfully the hotel we’d just checked out of took pity on us and let us stay there again until we recovered and replaced what we needed.)
Travel law – court cases of really bad trips

Now the following bad vacation experiences are so bad, they’ll probably make you feel better about your own situation.
You can’t help but laugh!
Not at the misfortune the vacationers suffered, but at how life sometimes tosses us lemons so sour, what else can you do but laugh? Or in these cases, sue.
The “wonderful” Swiss ski holiday that wasn’t
When Mr. Jarvis, a single English solicitor, booked his annual holiday to Switzerland back in 1969, he didn’t know he’d be the first person in legal history to get compensation for a disappointing holiday.
This is the case (Jarvis v. Swans Tours Ltd.) that gave birth to travel law as a legal specialty.
But back to Mr. Jarvis.
Poor guy. All he really wanted was the two-week ski holiday described in the brochure supplied by Swans Tours.
His hotel was going to be “a most wonderful little resort.” There would be house parties with other English-speaking guests. Yodeler evenings. Ski rentals. And nice Swiss cakes for afternoon tea.

Instead, he was the only guest stuck in a hotel where the owner couldn’t speak English.
The yodeler was a workman who came in, yodeled four times, and left. Mr. Jarvis was given stubby skis instead of full-length skis, his boots rubbed and his feet got sore. And the only cakes for tea were dry little nut cakes.
He returned to England very distressed indeed, and sued.
The English Court of Appeal decided the glowing statements in the brochure were promises that Swans Tours had broken.
Swans Tours was ordered to pay Mr. Jarvis twice the cost of the full travel package. He got more than just a mere refund – he received additional compensation for his distress and frustration caused by Swans Tours’ breach of contract.
Good for Mr. Jarvis!
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Sleepless on a round-the-world cruise
Mr. and Mrs. Milner, who were retired, booked a three-month, around-the-world maiden voyage on a luxury cruise ship.
They would be in a lovely stateroom – located midship. (They were seasoned cruisers, and believed that a mid-ship cabin would be the least rocky in poor weather).
Mrs. Milner spent a lot of time and money choosing and buying 21 gowns for the formal dinners onboard.
The cruise was going to be the “experience of a lifetime.”
As the judge remarked, “… that is what they got, but not in the way they had bargained for.”
The problem was the ship hit stormy weather, and the floor plates in Mr. and Mrs. Milner’s cabin flexed and vibrated.

They made “bangs which were sequential and intermittent; the sort of bang that once you have heard it, you cannot really settle down after it because you never know whether another one will be coming afterwards,” said Mr. Milner.
They couldn’t sleep for two nights. Mrs. Milner’s chest problems and asthma worsened because of lack of sleep.
They were given an inside cabin lower down to sleep in, but it wasn’t as cushy as their own stateroom, which they used during the day and where they left their clothes.
At night, the Milners had to walk down the ship’s corridors in their dressing gowns to sleep in the inside cabin decks below.
“We feel like gypsies moving about,” Mr. Milner wrote in his diary.
They were then given a suite, but a few days later had to leave that and move back into their own stateroom again. And then their ship hit heavy seas again – and the banging and noise started up again.
Finally, after 28 days on the cruise, they got off in Honolulu.

The cruise line refunded the Milners the two-thirds part of the cruise they didn’t use.
But the Milners also sued for more. Their trip of a lifetime had been ruined and was one of the worst vacations ever. And Mrs. Milner was terribly upset that she didn’t get a chance to wear her beautiful gowns.
As compensation for their distress, the Milners won 12,000 pounds (the equivalent of over $27,000 USD in today’s dollars).
Oops – hotel still under construction

The Snucins and others from the Toronto area took an “ill-fated holiday trip to the Dominican Republic.”
When they arrived, they found their hotel still under construction.
Their hotel rooms had no front doors, shutters were painted open, there was no hot water or electricity and little or no furniture, and concrete dust was everywhere.
That’s not all.
The swimming pool was also filthy. And construction noise started up at 6:30 am and continued until after lunch.
(The Caribbean beach was nice. Except the Snucins had to carry their valuables to the beach with them since they had no door to their room to lock – and then they could only go swimming one at a time so the other could look after the valuables.)
Talk about vacations gone wrong, right?
The Snucins won $2,700 CAD when this court case was decided (worth about $5,500 CAD or $4,000 USD in today’s dollars). They also got some reimbursement of their legal fees.
What’s your holiday from hell story?
Can you top these worst vacation stories? What’s the worst holiday ever that you’ve experienced?
Let us know in the Comments below! You can also read about some more worst vacation stories from other readers.
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Our top travel tips and resources
Hotels: Booking.com is perfect for scoring a “wow” hotel – or at least a decent one – at lower rates than the hotel’s own website. We especially like Booking’s flexible cancellation policy!
Vacation homes, condos and rentals: We prefer and use Vrbo (Vacation Rentals by Owner).
Cruises: CruiseDirect offers amazing deals on cruises (including Holland America, Viking Ocean Cruises, Seabourn and other lines we’ve reviewed).
Flights: To book the cheapest flights, search on Google Flights or Expedia. (Just be aware Expedia tickets may be non-refundable.)
Airport lounge access: We love (and have) Priority Pass for comfy lounge seats, free snacks and drinks, complimentary WiFi and sometimes even showers and spa services!
Tours: For the best local food, walking and other guided tours, plus skip-the-line tickets to attractions, check out Viator (a TripAdvisor company) and GetYourGuide.
Car rental: Renting a car is often a great way to explore off the beaten path. Discover Cars searches car rental companies so you get the lowest rates.
eSIMS: Stay connected affordably with Airalo eSIMS covering 200+ countries and trusted by 10 million+ users, including us! (No more huge roaming bills!)
Travel insurance: SafetyWing is designed for frequent travelers, long-term adventurers and digital nomads. It covers medical expenses, lost checked luggage, trip interruption and more. We also have and recommend Medjet for global air medical transportation.
Travel gear: See our travel shop to find the best luggage, accessories and other travel gear. (We suggest these comfy travel sandals for city walking, the beach and kicking about.)
Need more help planning your trip? Check out our travel tips and resources guide for airline booking tips, ways to save money, how to find great hotels and other crazy useful trip planning info.
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About the authors
