In 2007, this Class Action was brought by a large group of individuals for damages for common upsetting experience, which occurred at the end of December 2006 during a vacation arranged by Conquest Vacations.
It is alleged in the Statement of Claim that the Class Members received advertisement and material published by Conquest Vacations stating the following:
“La Ceiba, the third largest city in Honduras, offers a tropical setting that is not duplicated anywhere. This is a destination where you can relax on the beach or by the pool and when you feel like some adventure, take one of the many inexpensive excursions including Cayo Cochinos Marine Reserve or Whitewater rafting at the Congrejal River.” Conquest Vacations’ advertisement and material stated that the resort was a 4-star resort, which was located at Palma Real Caribe-Beach Resort, La Ceiba, Honduras.
The Class Members stayed at the resort from December 25, 2006 to January 1, 2007. It is alleged that upon arrival at the resort, the sewage system flooded the rooms where the Class Members were staying up to the kneecaps. Rescue operations were organized by the resort after a delay of 2 hours, after the flooding had started. It is alleged that the rescue operations were inadequate.
There was no phone connection with the main resort reception and there was a power failure. Since the sewage water was cold, many Class Members developed cold symptoms due to being in the cold water for a long time. It is alleged that for a period of almost three days, the Class Members were compelled to use the swimming pool water to flush the toilet and to wash their hands.
It was argued that as a result of the sewage system flooding and subsequent inadequate rescue operations, the Class Members were not provided with the safe, relaxing, fun, and luxurious vacation that they contracted to receive. Having a safe, clean, and enjoyable and luxurious vacation was an expressed or alternatively implied, fundamental term of the vacation contract. After much negotiation, this Class Action settled.
The Honourable Justice Lax approved the settlement. All of the legal fees were paid by the Defendants. In addition, each member of the group received a refund of approximately 50% of the monies paid for the vacation. If you have any questions regarding this matter, please contact Vadim Kats.