Holguin National Class Action
Class action lawyer Tony Merchant, Q.C. has launched proposed National Class Action lawsuits in Ontario, Quebec and elsewhere, against various travel & vacation companies including:
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Sunquest Vacations,
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Mytravel Holidays,
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Signature Vacations,
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World of Vacations,
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Red Seal Vacations,
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Sunwing Vacations, and
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Air Transat Holidays.
The lawsuits are concerned with inadequate conditions on holiday packages to Holguin (Cuba) in the past 6 months. The lawsuits claim, amongst other things:
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The advertising for the holidays represented new and sometimes brand new 4, 4 1/2, or 5 star resorts with the impression of first class quality and services. The Plaintiffs contracted with the Defendants for the purchase of the vacation packages offered through the Defendants on the faith of their advertising. Hotel properties advertised by the Defendants were high priced, upper end properties with the expectation being created by the Defendants of appropriate first class service and facilities. The Defendants did not inform the Plaintiffs of any difficulties with the hotels or water shortages prior to the Plaintiffs’ arrival. Where a misrepresentation is made with promissory intent and is a term of the contract, then that misrepresentation constitutes a breach of contract.
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Upon arrival, the Plaintiffs discovered immediately that the hotels in the Holguin region had an ongoing problem with its water supply. There was a water shortage. The hotels were unable to provide the Plaintiffs with adequate quantities of clean, potable water for personal hygiene such as toilet flushing and showers. Most of the time there was no water. Many Plaintiffs were never able to take hot baths or showers. When there was water, the pressure was too low for baths or showers. The hotels had problems with lizards and cockroaches. The supply of clean bed linens and towels was limited and often non-existent, likely because of water and the inability to wash appropriately. The Plaintiffs were given buckets of water to use in the toilets. Some Plaintiffs had to carry water in buckets to use in the toilets and these were, in many cases, the fortunate Plaintiffs because at least they were able to clean their toilets when the water was not working. This water was often brown and discoloured. Other Plaintiffs were unable to use toilets for large parts of the day or use toilets which were then dirty and smelly. In some hotels no bucket or water for toilets was available for large parts of the day, making hotel rooms and making large parts of the hotel smelly, uncomfortable, and creating a health risk. In some hotels, public toilet facilities, particularly adjacent to bars and entertainment areas, became disgusting through use and the inability to flush. Jacuzzis, pools, showers, toilets, water presentations, shrubbery and lawns (going unwatered), and all of the benefits and services which flowed from appropriate water and sufficient water pressure for heated water was impacted. The Plaintiffs’ enjoyment of their holiday was impacted.
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Some of the Plaintiffs became sick as a result of the inability of staff preparing meals to wash food and themselves. Plates were cleaned with cloths that had not been changed and cleaned on an appropriately frequent basis. Plates, cutlery, and serving utensils were cleaned in buckets of lukewarm water that looked dirty. The absence of hot water in many hotels made cleanliness impossible. Without sufficient water pressure, the water could never be heated beyond lukewarm.
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The lack of such basics as water and cleanliness lead to a significant interference with the expectations of a relaxing holiday. A holiday is supposed to be a stress free time. The Plaintiffs were paying large sums of money to the Defendants for what was supposed to be an all inclusive trip including meals, drinks, and services. The failure of the Defendants to inform the Plaintiffs of these factors constituted negligence as well as a fundamental breach of the contract. Many of the Plaintiffs were elderly. Many travelled with small children. The hotels offered all inclusive and family holidays were encouraged. The Plaintiffs were entitled to warning by the Defendants. In many cases, sales to the Plaintiffs took place long after the Defendants knew of the water problems and knew of the hotel problems in general.
Merchant Law Group LLP has 12 offices across Canada, with lawyers practising law in six provinces and an American state. Tony Merchant, Q.C., and his firm are well known for their involvement in Mass & Class Action cases in Canada, including class proceedings regarding Complete Contact Lens Solution, Silicon Breast Implant, Winners/HomeSense, HSBC Mutual Funds, Various Cellular Phone Fees, Molson-Coors Merger, Conrad Black/Hollinger, GM Gasket Manifolds, Lead Paint in Toys (and similar consumer products), Menu Foods, Paxil, Vioxx, Agent Orange, Cryptosporidium Water, Sony, Residential School litigation, CPR Anhydrous Ammonia, and cases regarding ISM Information Security, Tundra noxious gas emissions, Zonolite, Canadian Wheat Board Pool transfers, and various other cases. Tony Merchant is known to be one of Canada's most active litigators with more than 600 reported cases in leading Caselaw Journals, having argued thousands of cases before the Canadian and American Courts, in Trial and Administrative Courts, and the Courts of Appeal of various American and Canadian jurisdictions, the Federal Court of Canada, and the Supreme Court of Canada. Tony Merchant, Q.C., has a long history in pursuing public policy cases and is a former Member of the Legislative Assembly (M.L.A.)
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